Circular No. 22/2000/TT-BLDTBXH guiding the implementation of regulations for workers participating in the construction of the Ho Chi Minh Road.

 CIRCULAR

Guidelines for Implementing Benefits for Workers Participating in the Construction of the Ho Chi Minh Road

participate in constructing the Ho Chi Minh Road

Pursuant to Decision No. 18/2000/QĐ-TTg dated February 3, 2000 of the Prime Minister on investment in constructing the Ho Chi Minh Road Phase I, after consulting with relevant ministries and agencies, the Ministry of Labor, Invalids, and Social Affairs hereby provides guidelines for implementing benefits for workers participating in the construction of the Ho Chi Minh Road as follows:

I. APPLICABLE OBJECTS:

1. Workers employed under labor contracts in enterprises and units of voluntary youth assigned by the State to directly construct the Ho Chi Minh Road, including idle local laborers signing direct contracts with enterprises.

2. Idle local laborers voluntarily working in units of voluntary youth and voluntary youth units (hereinafter referred to collectively as units of voluntary youth) undertaking lump-sum contracts based on workload with enterprises constructing the Ho Chi Minh Road.

II. REGIME FOR PERSONNEL:

A. For workers employed under labor contracts in enterprises and units of voluntary youth assigned by the State to directly construct the Ho Chi Minh Road:

1. When using labor, enterprises and units of voluntary youth must conclude labor contracts. The benefits agreed upon in the labor contracts shall be implemented according to the provisions of the Labor Code.

2. Regarding wage and salary supplements serving as the basis for determining unit prices and project estimates:

a- Minimum wage: apply the general minimum wage set by the State. As of January 1, 2000, it is VND 180,000 per month.

b- Wage scale factor: the average job grade for bridge workers is Grade 4.5/7, with a wage factor of 2.26; for road workers, it is Grade 3.5/7, with a wage factor of 1.82.

c- Supplemental benefits

- Regional supplement: apply the regional supplement rate prescribed for the district and commune where the road passes through.

- Mobility supplement:

+ Apply Level 1, with a factor of 0.6 relative to the minimum wage for employees working at locations along the route with a regional supplement of 0.5 or higher.

+ Apply Level 2, with a factor of 0.4 relative to the minimum wage for employees working at locations along the route in other areas.

- Hazardous work supplement:

+ Apply Level 4, with a factor of 0.4 relative to the minimum wage for employees working at locations along the route with a regional supplement of 0.5 or higher.

+ Apply Level 3, with a factor of 0.3 relative to the minimum wage for employees working at locations along the route in other areas.

Attraction supplement: apply a rate of 20% relative to the wage grade, position, specialty, and profession.

- Other supplemental benefits shall be implemented according to current regulations of the State.

Calculation and payment of these supplementary benefits shall be carried out according to Circulars guiding their implementation issued by the Ministry of Labor, Invalids, and Social Affairs.

d- Unstable production factor: apply a rate of 10% relative to the wage grade, position, professional wage, and vocational wage.

e- Method for determining unit wage price and paying wages to workers: Based on labor norms and wage and supplementary benefit parameters mentioned above, enterprises shall determine the unit wage price and settle the wage fund according to the volume and quality of completed construction without exceeding the approved total project estimate.

3. Midday meal allowance: Shall be applied according to the guidelines provided in Circular No. 15/1999/TT-BLDTBXH dated June 22, 1999 of the Ministry of Labor, Invalids, and Social Affairs regarding the implementation of midday meal allowances for workers and staff in state-owned enterprises.

4. Bonus payments shall be made according to current regulations.

B. Benefits for workers employed in units of voluntary youth undertaking lump-sum contracts based on workload with enterprises constructing the Ho Chi Minh Road:

1. Units of voluntary youth when recruiting and utilizing labor must comply with Decision No. 770/TTg dated December 20, 1994 of the Prime Minister concerning the organization and policies for voluntary youth.

The calculation of costs per worker serving as the basis for calculating total labor costs in lump-sum contracts with enterprises must ensure the following items:

a- Wages: The lump-sum wage rate based on the current workload norm shall not be less than VND 15,000 per unit of work.

b- Social insurance: 15% of the lump-sum wage rate.

c- Health insurance: 2% of the lump-sum wage rate.

d- Occupational safety and health equipment:

+ Personal protective equipment: Calculated based on actual expenditures to ensure adequate provision of personal protective equipment for workers in accordance with current standards and specifications.

+ Benefits for workers injured at work: Calculated based on actual expenditures.

e- For every 20 direct workers, the unit of voluntary youth may include one indirect worker based on the lump-sum wage rate.

f- Other expenses:

- Campsite and drinking water expenses for workers: Calculated based on actual expenditures according to current regulations.

- Transportation expenses for workers traveling from their home to the workplace and back: Calculated based on actual expenditures.

2. Benefits for workers employed in units of voluntary youth shall be implemented according to the following provisions:

a- Amounts paid by enterprises to workers through units of voluntary youth for direct payment to workers by the units of voluntary youth:

- Wages:

The lump-sum wage rate based on the current workload and quality norms shall not be less than VND 15,000 per unit of work; if it is impossible to pay based on workload due to the nature of the work, then payment shall be made based on time worked, also not less than VND 15,000 per unit of work.

- Social insurance: 10% of the lump-sum wage rate (retirement social insurance).

- Health insurance: 2% of the lump-sum wage rate. The unit of voluntary youth is responsible for paying directly to workers or purchasing health insurance according to current regulations for workers.

b- Amounts retained by enterprises for settlement to workers based on actual expenditures:

- Social insurance (5%):

+ Workers when taking sick leave: They shall be entitled to sickness allowance equivalent to seventy-five percent of their wage rate during the sick leave period, with a maximum duration of twelve days per month.

+ For workers injured at work: After the injury stabilizes, the enterprise shall introduce them for medical examination to determine the degree of reduction in working capacity at the Medical Examination Board according to the regulations of the Ministry of Health. If the reduction level is from five percent to thirty percent, they shall be granted a one-time allowance equal to twelve months of the minimum wage; if it is thirty-one percent or more, for each additional one percent, an additional half-month of the general minimum wage at the time of payment shall be added.

+ In case a worker dies during working hours, their relatives responsible for funeral arrangements shall be entitled to a funeral allowance equivalent to eight months of the minimum wage prescribed by the State.

+ Workers who suffer from disability due to workplace accidents, manifesting in various forms of disabilities that reduce their working capacity, making labor, living, and studying difficult, shall be entitled to benefits as stipulated by law for disabled persons.

- Occupational safety and health protection:

+ Provision of personal protective equipment: Workers shall be provided with complete personal protective equipment in accordance with current regulations.

+ Payment of medical expenses, emergency transportation costs, and wages during treatment from initial first aid to stable condition, with the amount equivalent to one hundred percent of the wage rate before the workplace accident for injured workers.

+ Compensation for workplace accidents: Enterprises shall be responsible for compensating the relatives of workers who die due to workplace accidents, including those who die during initial treatment or whose working capacity is reduced by eighty-one percent or more due to workplace accidents not caused by the worker's fault, with a minimum compensation of thirty months of the minimum wage prescribed by the State; in cases where the fault lies with the worker, the relatives shall also be granted a minimum allowance of twelve months of the minimum wage prescribed by the State.

- Other benefits:

+ Arrangement of transportation means or travel expenses for a round trip from the place of residence to the workplace.

+ Arrangement of accommodation, meals, rest areas, and drinking water.

In addition to the aforementioned benefits, workers after terminating their employment contracts shall be given priority in recruitment and acceptance if voluntary youth construction units have such needs.

III. IMPLEMENTATION

1. The provisions set forth in Section II of this Circular shall be included in the cost of construction projects. Employers shall be responsible for implementing the benefits for workers in accordance with the provisions of this Circular.

2. Enterprises assigned to construct the Ho Chi Minh Highway shall be responsible for planning and utilizing idle labor resources, which are healthy individuals with good organizational discipline and willing to participate in constructing the Ho Chi Minh Highway (priority shall be given to using local labor along the route). The enterprise must submit requests regarding the number of workers, working hours, required supply periods, tasks to be performed, and work locations to the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) where the route passes through.

3. The Provincial People's Committee shall authorize provincial and municipal youth unions to organize the selection and formation of voluntary youth units to undertake the workload of enterprises constructing the Ho Chi Minh Highway.

4. Departments of Labor, Invalids, and Social Affairs in provinces and centrally governed cities where the route passes through shall be responsible for organizing guidance and inspection of the implementation of this Circular.

5. The Ministry of Transport shall develop plans and allocate workloads involving the use of idle labor to enterprises constructing the Ho Chi Minh Highway and coordinate with the People's Committees of provinces and centrally governed cities to direct and inspect the implementation.

6. This Circular shall take effect fifteen days after its date of issuance. Any issues arising during implementation shall be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.