Joint Circular No. 19-TT-IP Regarding the supplementation and amendment of certain specific points concerning Joint Circular No. 04 dated January 27, 1956 on labor regulations at construction sites.

MINISTRY OF LABOR-MINISTRY OF FINANCE ******	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ********
No.: 19-TT-IP	Hanoi, October 27, 1956

 

CIRCULAR

REGARDING THE SUPPLEMENTATION AND AMENDMENT OF SOME SPECIFIC POINTS IN THE JOINT MINISTERIAL CIRCULAR NO. 04 DATED JANUARY 27, 1956 ON THE LABOR REGIME ON CONSTRUCTION SITES

JOINT MINISTRIES OF LABOR AND FINANCE

Respectfully submitted to: Respectfully submitted to:

- All Inter-Regional, Regional, Municipal, and Provincial Administrative Committees. - Labor and Finance Departments at all levels. - Vietnam General Confederation of Labor, - Ministries and sectors employing workers and laborers.

 

On January 27, 1956, the Joint Ministries of Labor, Finance, Communications and Posts, Water Conservancy and Architecture, Industry, and Health issued Circular No. 4 on the labor regime on construction sites. Now, the Joint Ministries of Labor and Finance consider that it is necessary to temporarily supplement and amend some specific points stipulated in that Circular to alleviate difficulties under current circumstances and practical requirements on construction sites.

With the agreement of the Prime Minister and the signatories of Circular No. 4, the Joint Ministries of Labor and Finance hereby prescribe some points supplementing Circular No. 4 as follows:

I. - WAGES

A. - REGULAR LABOR:

- Abolish entirely the two wage rates of 1,040đ and 1,080đ stipulated in Circular No. 4.

- As of October 1, 1956, on construction sites, there will be three wage rates for regular labor:

- 1,150đ per day or 28,750đ per month

- 1,250đ - 31,250đ -

- 1,350đ - 33,750đ -

- The wage rate of 1,150đ shall apply to light work requiring normal physical effort such as basket weaving, sweeping, and miscellaneous tasks...

- The wage rate of 1,250đ shall apply to heavier work such as felling bamboo and rattan in the forest, digging earth, carrying bricks, stone crushing, etc...

- The wage rate of 1,350đ shall apply to more arduous and demanding work, or work requiring some technical skills.

The sectors will base their classification and allocation of workers and laborers according to these wage rates and the types of work on construction sites.

- All labor forces such as demobilized soldiers, workers from the South, Youth Volunteers, urban laborers, and African and European workers (excluding civilian workers); if they perform time-limited work, will be classified and allocated to different heavy and arduous tasks to receive the above wage rates.

- Those who have a trade and are employed in accordance with their trade will receive the wage rates for hiring skilled workers as stipulated in Circular No. 4 and this Circular.

- Those selected to join main force teams or professional tradesmen working regularly across various construction sites within the architecture and road construction sectors will be classified and paid according to the wage scales of those sectors.

- In addition, for special jobs requiring the temporary hire of specialized personnel, such as hiring a site manager for bridge construction, wages will be paid according to contracts. Prices, working conditions, food, accommodation, medical allowances, etc., will be agreed upon between the construction site and the worker.

- Urban laborers: Will be transferred to the wage rates specified on construction sites. When classifying, consideration should be given to the previous salary to ensure that the new salary does not result in a reduction.

- Demobilized soldiers: Shall implement the general policy for demobilized soldiers. (Joint Circular of the Ministry of Interior and Finance, Labor No. 17-TT-LB dated August 11, 1956).

Demobilized soldiers will receive monthly wages according to the specified wage rates.

- Southern workers: Continue to receive monthly wages based on the type of work performed. Avoid the situation where Southern workers receive a uniform wage rate.

- Youth Volunteers: Of teams organized by the Central Committee during the resistance period and continuing to work on construction sites will receive monthly wages according to the specified wage rates. New teams organized by localities and also called Youth Volunteers to serve construction sites will receive daily wages based on the type of work performed.

- African and European workers: Will also be assigned work and receive wages based on the type of work performed. Special allowances and child allowances will remain unchanged as stipulated in Circular No. 4.

- Rations and provisions: Circular No. 4 stipulates "Only one common wage rate of 1,080đ per day."

Considering the arduous and difficult nature of rationing work and to reward appropriately according to individual capabilities and service spirit, avoiding average treatment, rations and provision workers will also be classified into the three wage rates above.

Additionally, clear working hours must be established to allow rest and study time. Workers will rotate shifts to take Sundays and official holidays off, eliminating continuous work which affects health and long-term service. If unable to take days off, overtime worked will be compensated at the regular daily rate.

Construction sites must organize provision teams within the ration standards stipulated in Circular No. 4. These costs cannot be included in the food and supplies provided to workers.

B. - SKILLED WORKERS:

To consider the scarcity of certain skilled workers, market prices, and the long training period required to become skilled (such as carpenters), it is decided:

- Carpenters have four wage rates:

- 1,500đ per day

- 1,620đ -

- 1,800đ -

- 2,000đ -

- Sawyers have four wage rates:

- 1,420đ per day

- 1,500đ -

- 1,620đ -

- 1,800đ -

Regarding the issue of hiring skilled workers, attention should be paid to the following points:

a) To avoid increasing difficulties in mobilizing and hiring workers for construction projects, to establish a relatively unified labor cost without excessive disparity between sectors affecting project costs, and to ensure accurate distribution according to plans, sectors should immediately stop the practice of arbitrarily mobilizing and raising labor costs without going through the Labor Department.

- In the process of mobilizing and hiring workers, efforts should be made to secure assistance and leadership from the People's Committees, sectors, and organizations such as the Trade Union Federation, Youth League, Women's Union, and Agricultural Association at the local level. Local agencies and organizations will conduct education and awareness campaigns to encourage workers' participation in construction. Therefore, labor costs should not follow excessively high and unreasonable market prices. Consideration should be given to both aspects to avoid significantly impacting funds while also ensuring workers are not paid too low a wage.

- On the other hand, it is necessary for everyone to clearly understand that outside the market, although wages may be slightly higher, they are only temporary. Apart from daily wages, there are no other benefits. Conversely, working for the Government ensures additional benefits such as press, education, medical care, sick leave allowances, etc., beyond wages.

b) When paying wages to workers, sectors, localities, and construction sites shall calculate based on the circumstances:

1. – Apply the wage levels stipulated in Circular No. 4 and this supplementary circular.

2. – May increase by 5%, 10%, 15%, or up to 20% of each wage level.

- Increasing wages by four steps of 5%, 10%, 15%, or 20% is a measure of necessity to address planning needs and difficulties in mobilizing workers. When applying this measure, careful consideration and calculation must be made, based specifically on the special situation of each locality, according to the requirements of the plan, and the type of worker. Avoid widespread application. If in regions with regional allowances, after calculating wages according to the circular plus regional allowances already cover the cost of living, then absolutely no further percentage increases should be applied.

- When two or three sectors require the same type of worker for work on a common site, the Committee, labor authority, trade union federation, and using sectors need to convene to establish a unified wage rate. Avoid situations where the same government agency pays different wages, leading workers to compare and envy, wanting to leave one agency for another to earn higher wages.

c) Efforts must be made to overcome all difficulties and obstacles to enable workers at construction sites to take on contracts, benefiting both the workers and the plan. However, avoid situations of bare contracting without strict leadership, which could harm the people's livelihood and further deplete the treasury.

C. – ADMINISTRATIVE AND MANAGEMENT STAFF;

- For administrative and management staff, according to the necessary requirements, they will be arranged within the staffing quota and enjoy the general system like other cadres and employees in that sector. If overtime work is required, overtime allowance will be calculated according to the spirit of Joint Circular No. 12-TT-LB dated July 5, 1956, issued by the Ministries of Interior, Labor, and Finance (but note not to overwork).

- For retained workers, classification and arrangement will also be carried out. If the new wage is higher, they will enjoy the new wage. If the new wage is lower than the old one, they will retain the old wage.

II. - SICK ALLOWANCE

Circular No. 4 stipulates: "For days when work cannot be performed due to rain, typhoon, flood, illness, or waiting due to the construction site not being ready in time, a daily food allowance of 630 dong will be guaranteed. In cases of illness, in addition to the daily food allowance of 630 dong, if approved by the medical personnel or the site command, an additional sickness allowance of 150 or 300 dong per day may be granted."

It is hereby stipulated:

a) Illness:

- All workers and regular laborers who are paid daily wages or on contract (excluding those paid monthly wages) will receive full wages (and regional allowances if applicable) for the first ten days (including Sundays) of illness. From the eleventh day onwards, each day of illness (including Sundays) will be compensated with a sickness allowance equal to 80% of their daily wage (and regional allowances if applicable).

- Example:

A regular laborer working in a region with a 20% regional allowance receives a daily wage of:

1,250 dong +	(1,250 dong x 20%)	= 1,500 dong.
	100

If this person falls ill for thirty days, the first ten days (including Sundays) will be compensated with full wages, 1,500 dong per day.

From the eleventh to the thirtieth day (including Sundays), a sickness allowance of:

(1,250 dong x 80%)	+	(1,250 dong x 20%)	= 1,250 dong
100		100

- If the worker or laborer is hospitalized or must stay at a health station, clinic, or hospital, they will receive the sickness allowance to cover daily meals according to the standard set by the construction site, health station, clinic, or hospital, with any surplus being personal expenses.

- In addition to the sickness allowance specified above, if deemed necessary by medical personnel, an additional daily allowance of 150 or 300 dong (as stipulated in Circular No. 04) may be granted. However, the standard should be appropriate to the local living conditions to effectively support workers and laborers. In expensive areas, the standard of 300 dong should be applied.

- During the period of illness, timely and appropriate medical care must be provided based on the actual needs of the patient, not limited to a fixed number of days or dependent on a 3% sick leave ratio, ensuring the patient recovers quickly to return to work.

- In cases where hospitals, clinics, or health stations lack beds, and patients must stay at the unit or nearby homes (such as in cities or towns), they will still receive medical care and sickness allowances equivalent to those in hospitals, clinics, or health stations.

- For chronic illnesses requiring long-term treatment, the above regulations apply, with additional provisions to be established later. (Excluding the South and demobilized soldiers who have separate policies).

a) Illness due to workplace accidents:

- In cases where cadres, workers, or laborers suffer injury or death due to workplace accidents, compensation will be provided according to Circular No. 4.

- In cases of injury preventing work, requiring hospitalization at the unit, health station, clinic, or hospital, cadres, workers, laborers, and workers will receive full wages (and regional allowances if applicable) rather than an 80% wage allowance as in ordinary illness.

- During the treatment period, in addition to their own wages, the injured person will receive medical care and sickness allowances similar to those for ordinary illness. If necessary, the standards for medicine and allowances can exceed those for ordinary illness.

c) Medicine Standards:

- The medicine standard for plains is 6,000 dong per person and for mountainous areas is 11,060 dong per person (including 3,000 dong for preventive medicines) per year as stipulated in Circular No. 4 is only a budgetary standard. Depending on the actual situation of each place, expenditures on medicines may exceed or fall short of the budgetary standard. Local Health and Finance Departments, when reviewing budgets, should provide sufficient funds based on the actual needs of each construction site, avoiding mechanical cuts just because the budget exceeds the standard.

- The provision of various types of medicine must closely match the needs of each location. It is necessary to avoid situations where medicines that are frequently used are supplied in small quantities, while those rarely used are supplied in large quantities, or where funds are spent on purchasing expensive and rarely used medicines, while there is a lack of funds for purchasing common and inexpensive medicines that are needed in large quantities. Attention should be paid to researching and providing medicines suitable for women's diseases.

- It is necessary to strengthen professional training for medical staff, provide sufficient staffing according to the spirit of Circular No. 4, and ensure that it meets the actual requirements of each construction site.

III. - PAYMENT OF SALARIES IN SPECIFIC CASES

All officers A, B, C, rations, provisions, regular workers, and workers on piece-rate or daily wages will follow the principles below:

1. – For officially designated holidays stipulated in Circular No. 4, days transferring from one place to another, and days assigned by the construction site to attend training or conferences, full salary shall be paid.

2. – If working on an officially designated holiday, double salary shall be paid. (For those receiving monthly salaries, an additional one-twenty-fifth of their monthly salary shall be added).

3. – If working on a Sunday, the salary shall be the same as on a normal workday. (For those receiving monthly salaries, an additional one-twenty-fifth of their monthly salary shall be added).

4. – In cases where work is not performed due to rain, typhoons, floods, or waiting for the construction site to prepare for commencement, a subsistence allowance equal to eighty percent of the salary (and regional allowance if applicable) shall be provided, similar to sick leave.

5. – If work is performed for four hours or more on rainy days, full salary shall be paid. Specific cases of intermittent rain and sunshine shall be regulated by the construction site rules.

6. – When mobilized to travel from the local area to the construction site and upon completion of work returning home, transportation costs shall be covered, and a daily subsistence allowance shall be provided during travel:

a) On departure: 900 dong (including both regular workers and craftsmen).

b) Upon return: eighty percent of the salary (and regional allowance if applicable), including both laborers and craftsmen.

IV. - MATERNITY

- If there is a pregnant person at the construction site, efforts should be made to arrange light work and avoid tasks requiring climbing, lifting, or frequent bending.

- At eight months of pregnancy, they should be allowed to return home to give birth. (Except in special cases such as when both husband and wife are working at the construction site, if the wife returns home without family or close relatives to rely on, the command post of the construction site may consider the circumstances and allow her to temporarily remain at the construction site. After giving birth, the construction site will find appropriate measures to address the production conditions).

- Each person on maternity leave (regardless of the length of service at the construction site) shall receive a subsistence allowance of fifty days' salary (and regional allowance if applicable) and fifteen thousand dong for nourishment and expenses during childbirth.

- Transportation costs and a daily subsistence allowance of eighty percent of the salary (and regional allowance if applicable) shall be provided for the journey back home.

- If requesting resignation, in addition to the maternity allowance, an additional severance allowance as specified in Section VIII (end of the Circular) shall be provided.

Miscarriage:

- Miscarriage from the seventh month onwards shall be treated as premature delivery, entitling the individual to rest from work and a subsistence allowance of twenty-five days' salary (and regional allowance if applicable).

- Miscarriage from the sixth month or earlier, depending on the assessment by doctors or nurses, may entitle the individual to rest from work for ten to fifteen days with full salary (and regional allowance if applicable).

- In cases of miscarriage, if the individual becomes weak, they shall be admitted to the infirmary, clinic, or hospital for treatment and shall be treated similarly to those who are ill due to illness.

V. - MENSTRUATION

- During menstruation, sisters should not be required to perform heavy or strenuous work, climbing, or being submerged in water. They can perform light work and work on dry land. Work can be adjusted according to their strength, productivity may be lower than usual, or working hours may be shorter than usual, but they still receive full salary. For example, normally a sister carries thirty loads of soil per day, each load weighing twenty kilograms; during menstruation, she may only carry ten or fifteen loads, each weighing ten or fifteen kilograms.

- If feeling unwell, doctors or nurses may assess and allow complete rest from work, treating them as sick, and providing the sick leave allowance as specified above, along with necessary medication and nourishment.

- For menstrual-related illnesses such as prolonged amenorrhea or irregular menstruation, the relevant departments should study and gradually transfer sisters who have been working for a long time in mountainous areas to lowland areas or reassign them to more suitable work.

VI. - DRINKING WATER

- All workers, laborers, craftsmen, those on monthly, daily wages, or piece-rate work shall be provided with sufficient hot drinking water by the construction site during work.

- Depending on the situation and customs of each place, it could be lime water or tea.

- The cost of tea and firewood shall be borne by the construction site fund and shall not be charged to workers.

VII. - LEAVE

- All officers, workers, laborers, craftsmen, regardless of whether they are from the South or North, if they have worked on construction sites for over one year, the command post of the construction site will arrange for them to take leave in rotation.

- The arrangement for leave should be carefully planned to avoid affecting the construction site's schedule and should prioritize those who have been working for a long time, taking into account the special or urgent circumstances of each individual.

- The leave period is seven days excluding travel days. Transportation costs for going and returning and subsistence allowances for travel days (both going and returning) and days off at home shall be provided (and regional allowance if applicable). For those receiving monthly salaries, transportation costs for going and returning and a daily subsistence allowance of twelve hundred dong for travel days (both going and returning) shall be provided.

- Each person should arrange their leave to combine with handling personal matters such as visiting relatives, getting married, etc.

- In cases where leave has already been taken but there are special circumstances such as seriously ill parents, spouse, children, or death, they may need to return home again, which shall be decided by the construction site.

- The second leave will not be provided with transportation costs and subsistence allowances as specified above. In special cases, if assistance with transportation costs is needed, it will be reviewed and proposed by the Trade Union and agreed upon by the command post of the construction site.

VIII. - SUBSIDIES WHEN ALLOWING WORKERS AND LABORERS TO RETURN TO THEIR LOCAL AREA

(Including daily wages and piece-rate work)

Currently, on construction sites, there are often people who, due to weakness or the end of their work, are allowed to return to their local area.

To provide brothers and sisters with conditions to live for a period while seeking employment at the local level, in addition to the travel expenses and living allowances already stipulated above, they shall also be entitled to the following subsistence allowance:

a) Those who have served on construction sites for six months or more upon returning shall receive a subsistence allowance equivalent to fifteen days' salary (and regional allowance if applicable).

b) Those who have served on construction sites for one year or more upon returning shall receive a subsistence allowance equivalent to thirty days' salary (and regional allowance if applicable).

c) Those who have served on construction sites for eighteen months or more upon returning shall receive a subsistence allowance equivalent to sixty days' salary (and regional allowance if applicable).

- If brothers and sisters are transferred continuously from one construction site to another, the time used to calculate the allowance shall be the continuous service time on these construction sites, regardless of which ministry or industry the construction sites belong to.

- Those who intentionally return without the consent of the construction site command will not be entitled to the allowances specified above.

Upon departure, in addition to the subsistence allowance, each person shall also receive a certificate of service achievement from the construction site and an introduction letter to the local People's Committee and labor authority to ensure care and priority in medical treatment or job placement in case of illness.

In the future, the entire construction site system will be reviewed to be more appropriate, but currently, it is necessary to temporarily supplement some urgent issues to alleviate difficulties for brothers and sisters. Therefore, relevant departments need to review Circular No. 4 and this Circular, strictly implementing the provisions already stipulated.

These are new efforts by the Party and Government at a time when there are many difficulties. It is necessary to make brothers and sisters understand to overcome common difficulties.

On the other hand, we must also actively and thoroughly address issues related to labor protection, accident prevention, food supply, medical supplies, timely care for the sick, improving living and working conditions, rest, and encouraging cultural activities to make everyone on the construction site clearly see the care of the Party and Government, thereby feeling secure in their service, enthusiastic about increasing productivity to ensure the completion and overfulfillment of state plans.

All administrative committees, labor authorities, financial authorities, and relevant agencies at all levels must actively implement this Circular correctly and regularly report results to the Ministry of Labor and relevant ministries.

Other provisions set forth in Circular No. 4 that are not modified by this Circular remain in effect.

DEPUTY MINISTER OF FINANCE DEPUTY MINISTER       Trinh Van Binh

THE MINISTER MINISTRY OF LABOR       Nguyen Van Tao