Joint Circular No. 1329/TT-LB guiding the implementation of occupational disease benefits for military personnel

CIRCULAR OF THE JOINT MINISTRIES

NATIONAL DEFENSE - LABOR - WAR INVALIDS AND SOCIAL AFFAIRS

Guidelines for implementing occupational disease benefits for military personnel

Pursuant to Article 21 of the Interim Regulations on Military Personnel Benefits issued together with Decree 161/CP dated October 30, 1964, Decision No. 133/HĐBT dated November 1, 1986 of the Council of Ministers; Circulars No. 08/TT-LB dated May 19, 1976, No. 29/TT-LB dated December 25, 1991 of the Joint Ministry of Health - Labor - War Invalids and Social Affairs - Vietnam General Confederation of Labor, and other guiding documents of the Vietnam General Confederation of Labor regarding benefits for state workers and officials suffering from occupational diseases.

After reaching consensus with the Ministry of Finance through Document No. 1124/TC-HCVX dated June 24, 1992, and with the Vietnam General Confederation of Labor through Document No. 634/BHXH dated July 20, 1992, the Joint Ministry of National Defense - Labor - War Invalids and Social Affairs hereby issues guidelines for implementing occupational disease benefits for military personnel as follows:

I. ELIGIBILITY AND CONDITIONS FOR BENEFITS

1. Military personnel directly working in occupations with hazardous factors specific to their profession, or frequently exposed to environments with hazardous factors and subsequently contracting a disease, if recognized by the Occupational Disease Medical Board as having an occupational disease according to the list of occupational diseases specified in Joint Circulars No. 08/TT-LB dated May 19, 1976, and No. 29/TT-LB dated December 25, 1991, shall be entitled to occupational disease benefits.

2. In cases where military personnel have changed professions but are still within the guarantee period, if they are determined to have an occupational disease, they will also fall under the scope of this Circular.

II. BENEFITS ENJOYED

1. Military personnel suffering from occupational diseases shall enjoy benefits similar to those for state workers and officials suffering from occupational diseases, specifically as follows:

a. After stable treatment and medical assessment, they will receive monthly occupational disease allowances based on the degree of labor capacity impairment, as follows:

+ For subjects defined in Point I - Section I above, the monthly occupational disease allowance is calculated based on the basic salary and seniority allowance (if applicable) at the time of the occupational disease assessment.

+ For subjects defined in Point 2 - Section I above, the monthly occupational disease allowance is calculated based on the basic salary and seniority allowance (if applicable) prior to leaving that profession.

Additional allowances as prescribed by the State shall also be provided.

The levels of benefits are as follows:

- One-time allowance:

A degree of labor capacity impairment from 5% to 10% shall receive one month's basic salary plus all types of allowances and price stabilization subsidies.

A degree of labor capacity impairment from 11% to 20% shall receive two months' basic salary.

- Those receiving monthly occupational disease allowances shall start receiving them from the date of the Occupational Disease Medical Board's conclusion.

b. In addition to monthly allowances, military personnel with occupational disease category 1 who are being cared for at home shall also receive a monthly allowance for a caregiver equivalent to the minimum wage for state workers and officials as stipulated in Decision No. 203/HĐBT, and price stabilization subsidies.

c. Military personnel currently serving who die due to an occupational disease, or those with occupational disease category 1 or 2 who have been discharged and died while being cared for at home, their families shall receive funeral expenses and survivor benefits as per the regulations for state workers and officials who die due to an occupational disease.

2. Military personnel receiving retirement benefits and concurrently suffering from an occupational disease shall receive both types of allowances.

3. Military personnel who are both war invalids and suffer from an occupational disease shall only receive one of the two monthly allowances: either the war invalid allowance or the occupational disease allowance.

III. IMPLEMENTATION

1. The military is responsible for conducting occupational disease assessments, ensuring complete documentation and procedures, and implementing benefits for military personnel suffering from occupational diseases while in service.

Procedures for issuing certificates of occupational diseases are regulated in Document No. 322/BHXH dated May 1, 1989 of the Vietnam General Confederation of Labor and Document No. 182/CĐQP dated August 19, 1989 of the National Defense Trade Union Committee.

The Ministry of National Defense will provide detailed guidance on this matter;

2. Cases where occupational disease certificates issued by the Ministry of National Defense are lost will be reissued.

3. The Department of Labor - War Invalids and Social Affairs is responsible for accepting, managing, and implementing benefits for military personnel suffering from occupational diseases who have been transferred out of the military to localities, based on transfer letters from military units accompanied by occupational disease files.

4. Funding for implementing occupational disease benefits shall be covered by the State budget (under social insurance).

This Circular takes effect from the date of signature. During implementation, any difficulties should be promptly reported to the Joint Ministry by military units and Departments of Labor - War Invalids and Social Affairs for review and resolution.