Circular No. 153/2021/TT-BQP guides on the dossier, procedures, and responsibilities for handling occupational career transition support, preventive activities, risk-sharing regarding workplace accidents and occupational diseases, and the budget plan for supporting preventive activities and risk-sharing regarding workplace accidents and occupational diseases within the Ministry of National Defense.

CIRCULAR

Guidelines on the dossier, procedure, and responsibility for resolving funding to support occupational transition, preventive activities, and risk-sharing regarding workplace accidents and occupational diseasesand the plan for funding to support preventive activities and risk-sharing regarding workplace accidents and occupational diseases

prevent and share risks of workplace accidents, occupational diseases, and funding plans for support activities to prevent

and share riskswithin the Ministry of National Defense

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Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 88/2020/NĐ-CP dated July 28, 2020 of the Government detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law concerning mandatory workplace accident insurance and occupational disease insurance;work injury insurancework injury, occupational diseasecompulsory insurance;

Pursuant to Decree No. 164/2017/NĐ-CP dated December 31, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Department of Technology;

The Minister of National Defense issues this Circular to guide on the dossier, procedure, and responsibility for resolving funding to support occupational transition, preventive activities, and risk-sharing regarding workplace accidents and occupational diseases within the Ministry of National Defense.occupational conversionoccupational diseases, preventive activities, and sharing risks related to workplace accidents and occupational diseases, and funding plans to support preventive activities and sharing risks related to workplace accidents and occupational diseases within the Ministry of National Defense. AND PREVENTIVE ACTIVITIES AND SHARING RISKS

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on the dossier, procedure, and responsibility for resolving funding to support occupational transition for workers affected by workplace accidents and occupational diseases; to support re-investigation of workplace accidents and occupational diseases at the request of social insurance; to support safety and health training, and the plan for funding to support preventive activities and risk-sharing regarding workplace accidents and occupational diseases within the Ministry of National Defense.

Article 2. Applicability

1. Military personnel; personnel engaged in confidential work with salaries equivalent to military personnel; defense civil servants, defense workers, and defense officials; contractual laborers in agencies, units, and enterprises under the Ministry of National Defense (hereinafter referred to as workers).

2. Agencies, units, and enterprises under the Ministry of National Defense (hereinafter referred to as employers) and organizations and individuals related to the establishment of dossiers to seek financial support from the workplace accident insurance fund and occupational disease insurance fund as prescribed in this Circular.

Article 3. Abbreviations

- Social Insurance: BHXH;

- Health Insurance: BHYT;

- Unemployment Insurance: BHTN;

- Workplace Accidents: TNLĐ;

- Occupational Diseases: BNN.

Article 4. Management and Storage of Dossiers

1. Dossier for supporting occupational transition for those affected by workplace accidents and occupational diseases when returning to work (as prescribed in Article 5 and Model Nos. 03 and 04 of the Appendix attached to this Circular); Dossier for supporting funding for safety and health training (as prescribed in Article 9 and Model Nos. 09 and 10 of the Appendix attached to this Circular) shall be established in four copies, stored at the Social Insurance Department of the Ministry of National Defense: one copy; General Department of Technology: one copy; technical department of subordinate units: one copy; technical department of battalion-level units and equivalents: one copy.

Specifically, the decision on supporting occupational transition funding and the decision on supporting funding for safety and health training (Model Nos. 03, 04, 09, and 10 of the Appendix attached to this Circular) shall be additionally established in one copy to serve as payment vouchers and stored at the financial department of battalion-level units and equivalents (where direct payments are made to employers).

2. Dossier for supporting funding for re-investigation of workplace accidents and occupational diseases (as prescribed in Article 7 and Model Nos. 05 and 06 of the Appendix attached to this Circular) shall be established in three copies, stored at the Social Insurance Department of the Ministry of National Defense: one copy; General Department of Technology or General Logistics Department: one copy; financial department of the unit directly responsible for payment: one copy.

Chapter II

DOSSIER, PROCEDURE AND RESPONSIBILITY FOR RESOLVING SUPPORT FOR OCCUPATIONAL TRANSITION AND PREVENTIVE ACTIVITIES AND RISK-SHARING REGARDING WORKPLACE ACCIDENTS AND OCCUPATIONAL DISEASESSUPPORT FOR OCCUPATIONAL TRANSITION FOR WORKERS AFFECTED BY WORKPLACE ACCIDENTS AND OCCUPATIONAL DISEASESREGARDING WORKPLACE ACCIDENTS AND OCCUPATIONAL DISEASESSUPPORT FOR OCCUPATIONAL TRANSITION FOR WORKERS

Section 1

WHO HAVE INCURRED WORKPLACE ACCIDENTS OR OCCUPATIONAL DISEASESOCCUPATIONAL DISEASES AS REQUIRED BY SOCIAL INSURANCE

Article 5. Documents for requesting support for occupational change

The documents for requesting support for occupational change shall be implemented in accordance with the provisions of Article 14 of Decree No. 88/2020/ND-CP dated July 28, 2020 of the Government detailing and guiding the implementation of certain articles of the Labor Safety and Health Law on mandatory work injury insurance and occupational disease insurance (hereinafter referred to as Decree No. 88/2020/ND-CP), specifically including:

1. A document from the employer requesting financial support for vocational training for employees who have suffered work injuries or occupational diseases, carried out according to Model No. 01 and Model No. 02 in the Appendix attached to this Circular.

2. A certified copy of the medical board's report on the degree of labor capacity impairment.

3. A certified copy of payment vouchers for training costs as prescribed.

Article 6. Procedures and responsibilities for resolving support for occupational change

1. For technical agencies of units

a) Technical agencies at the regiment level and equivalent

- Take the lead in coordinating with relevant agencies to assess the conditions for supporting occupational change for individuals suffering from work injuries or occupational diseases when returning to work in accordance with Article 14 of Decree No. 88/2020/ND-CP and prepare the documents in accordance with Article 5 of this Circular, attaching the file to the higher-level technical agency;

- Receive the resolved documents from the higher-level technical agency to organize implementation.

b) Technical agencies at the level above the regiment and equivalent

Receive documents for requesting support for occupational change for individuals suffering from work injuries or occupational diseases when returning to work transferred by lower-level technical agencies, review and complete their own documents according to Model No. 01 and Model No. 02 in the Appendix attached to this Circular, attaching the file to the higher-level technical agency unit.

c) Technical agencies under the Ministry

Receive documents for requesting support for occupational change for individuals suffering from work injuries or occupational diseases when returning to work transferred by lower-level technical agencies, review and complete their own documents according to Model No. 01 and Model No. 02 in the Appendix attached to this Circular, attaching the file to the General Department of Technology.

2. For financial agencies of units

a) Financial agencies at the regiment level and equivalent

- Take the lead in coordinating with the same-level technical agency to prepare the budget for financial support for occupational change for workers suffering from work injuries or occupational diseases together with the budget for social insurance benefits to be submitted to the financial agency at the level above the regiment and equivalent up to the Ministry of National Defense units before June 20 each year;

- Upon receiving the documents for support for occupational change (approved by the Ministry of National Defense Social Insurance), implement settlement and finalization according to regulations. Quarterly and annually, compile and submit reports on finalization together with reports on finalization of social insurance benefit expenditures to the financial agency at the level above the regiment and equivalent up to the Ministry of National Defense units.

b) Financial agencies under the Ministry of National Defense.

Quarterly and annually, receive reports on finalization (including the content of occupational change support payments for workers suffering from work injuries or occupational diseases) transferred by subordinate financial agencies, compile and submit them together with reports on finalization of social insurance benefit expenditures for finalization with the Ministry of National Defense Social Insurance.

3. General Department of Technology

- Within five working days from the date of receipt of complete and valid documents transferred by the Ministry of National Defense units' technical agencies, review the documents, prepare a request letter accompanied by a list of support, carried out according to Model No. 01 and Model No. 02 in the Appendix attached to this Circular, and transfer it to the Ministry of National Defense Social Insurance;

- In cases where the conditions for support are not met, the General Department of Technology must issue a notification letter specifying the reasons and send it to the Ministry of National Defense units' main agency that transferred the documents.

4. Ministry of National Defense Social Insurance

- Within five working days from the date of receipt of the request letter accompanied by a list of support according to Model No. 01 and Model No. 02 in the Appendix attached to this Circular transferred by the General Department of Technology; the Ministry of National Defense Social Insurance reviews, issues a decision on support carried out according to Model No. 03 and Model No. 04 in the Appendix attached to this Circular, transfers it to the General Department of Technology, Ministry of National Defense units' technical agencies down to the technical agencies at the regiment level and equivalent; in cases where payment is not made, a letter must be sent to the General Department of Technology specifying the reasons;

- Quarterly, allocate funds for social insurance benefits (including funds for occupational change support for workers suffering from work injuries or occupational diseases) to units and implement settlement and finalization according to regulations.

Section 2

SUPPORT FOR RE-INVESTIGATION OF WORK INJURY CASES AND OCCUPATIONAL DISEASES AT THE REQUEST OF SOCIAL INSURANCEOCCUPATIONAL DISEASES AS REQUIRED BY SOCIAL INSURANCE

Article 7. Documents for requesting funds to re-investigate occupational accidents and occupational diseases

The documents for requesting funds to re-investigate occupational accidents and occupational diseases shall be implemented in accordance with Article 30 of Decree No. 88/2020/NĐ-CP, specifically including:

1. A document from the Social Insurance Department under the Ministry of National Defense requesting a re-investigation of occupational accidents or occupational diseases.

2. Decision on establishing the investigation team for occupational accidents or occupational diseases.

3. Minutes of the re-investigation of occupational accidents or occupational diseases.

4. Original financial settlement vouchers for the costs of the re-investigation in accordance with the law.

Article 8. Procedures and responsibilities for requesting support funds to re-investigate occupational accidents and occupational diseases

1. Social Insurance Department under the Ministry of National Defense

a) Submit a document requesting the Technical General Department to re-investigate occupational accidents or the Logistics General Department to re-investigate occupational diseases;

b) Within seven working days from the date of receiving complete and valid documents, the Social Insurance Department under the Ministry of National Defense issues a decision to provide support according to Model No. 06 attached to this Circular and transfers it to the Technical General Department or the Logistics General Department.

2. Technical General Department

a) Issue a decision to establish the re-investigation team for occupational accidents, prepare documents in accordance with Article 7 of this Circular and send them to the Social Insurance Department under the Ministry of National Defense, receive documents from the Social Insurance Department under the Ministry of National Defense to carry out settlement and finalization in accordance with regulations;

b) Assign the Finance Office of the Technical General Department to cooperate with the Military Safety and Health Protection Agency of the Technical General Department to prepare a budget for supporting the re-investigation funds for occupational accidents together with the budget for social insurance benefits, submit these to the Social Insurance Department under the Ministry of National Defense; upon receipt of the request documents and decision on supporting re-investigation funds for occupational accidents, carry out settlement and finalization in accordance with regulations; quarterly and annually, compile and submit the finalization report together with the finalization report on social insurance benefit expenditures to the Social Insurance Department under the Ministry of National Defense.

3. Logistics General Department

a) Issue a decision to establish the re-investigation team for occupational diseases, prepare documents in accordance with Article 7 of this Circular and send them to the Social Insurance Department under the Ministry of National Defense, receive documents from the Social Insurance Department under the Ministry of National Defense to carry out settlement and finalization in accordance with regulations;

b) Assign the finance agency of the Medical Service of the Logistics General Department to cooperate with the re-investigation team for occupational diseases to prepare a budget for supporting the re-investigation funds for occupational diseases together with the budget for social insurance benefits, submit these to the Finance Office of the Logistics General Department for consolidation and submission to the Social Insurance Department under the Ministry of National Defense; upon receipt of the request documents and decision on supporting re-investigation funds for occupational diseases, carry out settlement and finalization in accordance with regulations; quarterly and annually, compile and submit the finalization report together with the finalization report on social insurance benefit expenditures to the higher-level finance agency up to the Social Insurance Department under the Ministry of National Defense.

Section 3

SUPPORT FOR OCCUPATIONAL SAFETY AND HEALTH TRAINING

Article 9. Documents for requesting support funds for occupational safety and health training

The documents for requesting support funds for occupational safety and health training shall be implemented in accordance with Article 35 of Decree No. 88/2020/NĐ-CP, specifically including:

1. A document from the head of the main agency or unit under the Ministry of National Defense regarding the request for support for occupational safety and health training, carried out according to Model No. 07 and Model No. 08 attached to this Circular.

2. Copies of documents and vouchers proving the organization of training in accordance with the law and actual expenses related to occupational safety and health training for the supported subjects.

Article 10. Procedures and responsibilities for handling financial support for occupational safety and health training

Shall be carried out according to the procedures and responsibilities for handling vocational transition support as stipulated in Article 6 of this Circular; the forms shall be implemented according to Form No. 07, 08, 09, and Form No. 10 attached hereto.

Chapter III

VOUCHER PLAN FOR VOCATIONAL TRANSITION SUPPORT,PREVENTIVE ACTIVITIES AND RISK SHARINGSUPPORT FOR OCCUPATIONAL TRANSITION FOR WORKERS

Article 11. Principles for allocating and using funds for accident prevention and risk sharing in occupational accidents and occupational diseases

The allocation and use of funds for accident prevention and risk sharing shall be based on the following principles:

1. Agencies and units shall proactively develop and propose support plans;

2. Prioritize funding to support risk prevention for special industries and fields within the Military with high risks of occupational accidents and occupational diseases;

3. Encourage agencies, units, and employers to apply information technology in occupational safety and health management; strictly comply with reporting, payment, and settlement regulations as prescribed by law.

Article 12. Management, use, and settlement of funds

Establishing, allocating, transferring budgets, managing, using, and settling accounts for vocational transition support funds, preventive activities, risk sharing, and management funds for occupational accidents and occupational diseases shall be carried out in accordance with the provisions of Chapter III of Circular No. 37/2017/TT-BQP dated February 16, 2017, issued by the Ministry of National Defense guiding the management of mandatory social insurance revenue and expenditure in the Ministry of National Defense (Circular No. 37/2017/TT-BQP).

Article 13. Sources of Funding Assurance

The funds for vocational transition support, preventive activities, and risk sharing for occupational accidents and occupational diseases as stipulated in this Circular shall be guaranteed from the budget allocated for social insurance of the Ministry of National Defense.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF AGENCIES, UNITS, AND ENTERPRISES

Article 14. Responsibilities of the General Department of Technical Services

1. Take the lead and coordinate with relevant agencies to organize and guide the dissemination and popularization of policies and laws on occupational accident insurance and occupational disease insurance; train and implement preventive measures and risk sharing for occupational accidents and occupational diseases, improve working conditions in implementing occupational accident insurance and occupational disease insurance policies. Propose to competent state management authorities to establish, amend, and supplement policies and laws on supporting accident prevention.

2. Establish a re-investigation team for occupational accidents upon request of the Social Insurance Department of the Ministry of National Defense, including: Safety and Labor Protection Agency of the Military/General Department of Technical Services (serving as team leader); National Defense Trade Union Board; Medical Service Bureau; Policy Bureau; representatives of the Social Insurance Department of the Ministry of National Defense, and other members decided by the team leader when necessary.

3. Direct agencies and units involved in occupational accidents to provide complete files for the re-investigation team.

4. Summarize the implementation results of support policies from the Occupational Accident and Occupational Disease Insurance Fund.

5. Before December 31 each year, based on the goals of preventing and combating occupational accidents and occupational diseases and priority groups of industries, professions, and fields requiring support, issue guidance to agencies and units to prepare annual plans for vocational training and occupational safety and health training, and implement support activities for accident prevention and risk sharing. Approve plans so that units have a basis for implementation.

6. Lead, inspect, supervise, and resolve the implementation of vocational transition support funds, occupational safety and health training, and re-investigate occupational accidents in accordance with this Circular.

7. Report periodically and ad hoc to the Ministry of National Defense and the Ministry of Labor, Invalids, and Social Affairs on the implementation of support funds as stipulated in this Circular.

Article 15. Responsibilities of the Logistics General Department

1. Coordinate with relevant agencies to organize and guide the dissemination and popularization of policies and laws on occupational accident insurance and occupational disease insurance; provide training and implement preventive measures, risk-sharing measures regarding occupational accidents and occupational diseases, and improve working conditions in the implementation of occupational accident insurance and occupational disease insurance policies.

2. Establish a re-investigation team for occupational diseases upon the request of the Social Insurance Department of the Ministry of National Defense, including: the head of the Medical Service Bureau (serving as the team leader); the head of the Preventive Medicine Department/Medical Service Bureau; an officer from the Military Preventive Medicine Institute or the Southern Military Preventive Medicine Institute/Medical Service Bureau; a representative from the military labor safety and health agency/Technical General Department, Social Insurance Department of the Ministry of National Defense, and other members as determined by the team leader when necessary.

3. Direct agencies and units involved in occupational diseases cases to provide complete files to the re-investigation team.

4. Take charge of inspecting, supervising, and resolving the implementation of funds allocated for re-investigating occupational diseases according to the provisions of this Circular.

5. Summarize and report on the results of implementing support policies from the occupational accident insurance and occupational disease insurance fund.

Article 16. Responsibilities of the Social Insurance Department of the Ministry of National Defense

1. Inspect the payment and receipt of support benefits for workers and employers.

2. Propose to competent state management agencies: Develop, amend, and supplement regulations, policies, and laws on occupational accident insurance and occupational disease insurance as stipulated by law.

3. Request the Technical General Department to re-investigate occupational accidents or the Logistics General Department to re-investigate occupational diseases. Dispatch specialized staff to participate in re-investigation teams for occupational accidents and occupational diseases.

4. Issue decisions to allocate funding for vocational training, re-investigation of occupational accidents and occupational diseases, and occupational safety and hygiene training according to the provisions of this Circular.

5. Cooperate in implementing support according to the provisions of this Circular.

6. Summarize and report to the Minister of National Defense on the budget allocation and settlement of funds for vocational training, preventive activities, risk-sharing, and management costs related to occupational accidents and occupational diseases implemented according to Chapter III of Circular No. 37/2017/TT-BQP; annually summarize the implementation of occupational accident and occupational disease social insurance according to Model No. 12 Appendix issued together with this Circular.

7. Fulfill other responsibilities as prescribed by law.

Article 17. Responsibilities of agencies, units, and enterprises

1. Disseminate, enforce, and strictly implement the provisions of this Circular.

2. Prepare plans for funding support for vocational training, prevention, and risk-sharing regarding occupational accidents and occupational diseases, and management costs for occupational accident and occupational disease insurance according to Model No. 11 Appendix issued together with this Circular, submit them to the Technical General Department for approval as the basis for implementation, and simultaneously send them to the Social Insurance Department of the Ministry of National Defense for monitoring, management, and ensuring support funding.

3. Fully fulfill the responsibility of paying occupational accident and occupational disease insurance for workers as prescribed by law.

4. Use support funding for prevention and risk-sharing regarding occupational accidents and occupational diseases effectively and for their intended purposes as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from January 6, 2022.

Article 19. Responsibility for Implementation

The Chief of General Staff, the Director of the Technical General Department, the Director of the Logistics General Department, the Director of the Social Insurance Department of the Ministry of National Defense, and the heads of relevant agencies and units are responsible for implementing this Circular./.