Circular No. 24/2022/TT-BLDTBXH on the provision of in-kind allowances for workers operating under hazardous and harmful conditions.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Regulations on providing non-cash benefits to workers engaged in work under hazardous and harmful conditions

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

Based on Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on approved by the Director of the Department of Labor Safety;

The Minister of Labor, Invalids and Social Affairs issues this Circular regulating the provision of non-cash benefits 3. NATIONAL UNIVERSITIES ARE SUBJECT TO STATE MANAGEMENT BY THE MINISTRY OF EDUCATION AND TRAINING, THE MINISTRY OF SCIENCE AND TECHNOLOGY, OTHER MINISTRIES AND SECTORS, AND PEOPLE'S COMMITTEES AT ALL LEVELS WHERE NATIONAL UNIVERSITIES ARE LOCATED, WITHIN THE SCOPE OF THEIR FUNCTIONS AS PROVIDED BY THE GOVERNMENT AND IN COMPLIANCE WITH LAWS. to workers engaged in work under hazardousshall and harmful conditions.

Article 1. Scope of Regulation

This Circular stipulates the conditions, levels, and principles for organizing the provision of non-cash benefits to workers engaged in work under hazardous and harmful conditions.

Article 2. Applicability

1. Workers as prescribed in Clauses 1, 2, and 4 of Article 2 of the Law on Occupational Safety and Health.

2. Employers as prescribed in Clause 2 of Article 3 of the Labor Code.

3. Agencies, organizations, and other individuals related to the implementation of non-cash benefits.

Article 3. Conditions for receiving non-cash benefits

Workers shall be entitled to non-cash benefits when meeting both of the following conditions:

1. Engaging in occupations or jobs listed in the catalog of particularly arduous, dangerous, and harmful occupations and jobs issued by the Minister of Labor, Invalids and Social Affairs.

2. Working in an environment with at least one of the following two factors:

a) Having at least one factor that does not meet the hygiene standards set forth by the Ministry of Health.

b) Being exposed to at least one factor rated four points or higher in the category "Exposure to infectious disease sources" (item 10.1, Section A, Appendix I issued together with Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor, Invalids and Social Affairs prescribing labor condition classification standards).

The determination of the factors as stipulated in Clause 2 of this Article must be carried out by an organization qualified to conduct workplace environmental monitoring according to the law.

Article 4. Level of Non-Cash Benefits

1. Non-cash benefits are calculated based on daily allowances and have monetary values as follows:

a) Level 1: 13,000 VND;

b) Level 2: 20,000 VND;

c) Level 3: 26,000 VND;

d) Level 4: 32,000 VND.

2. For workers meeting the conditions specified in Article 3 of this Circular, specific levels of non-cash benefits for each occupation or job are defined in Appendix I attached hereto and applied according to the corresponding working hours as follows:

a) If working more than 50% of the normal working hours of a working day, they shall receive the full allowance;

b) If working less than 50% of the normal working hours of a working day, they shall receive half the allowance;

c) In cases where workers work overtime, the allowance for non-cash benefits will increase proportionally to the number of overtime hours according to the above principle.

Article 5. Principles for Organizing Non-Cash Benefits

1. The provision of non-cash benefits must be organized during shifts or working days, ensuring convenience, safety, and food hygiene. In cases where workers perform mobile, scattered, or few-person jobs or other jobs with unstable labor organization and cannot organize centralized benefits at the workplace, employers must provide materials for workers to self-provide benefits according to regulations. In such cases, employers must prepare a distribution list signed by the workers and regularly inspect the implementation of benefits by workers.

2. Non-cash benefits may not be paid in cash or included in wages (including inclusion in wage rates).

3. Encouragement is given to employers to consider and decide to provide non-cash benefits at level 1 (13,000 VND) to workers who do not engage in occupations or jobs listed in the catalog of particularly arduous, dangerous, and harmful occupations and jobs prescribed by the Minister of Labor, Invalids and Social Affairs but are working in conditions with at least one hazardous or harmful factor as stipulated in Clause 2 of Article 3 of this Circular.

4. Costs for non-cash benefits are accounted for in regular operating expenses and production and business costs according to the law.

Article 6. Responsibilities of the Employer

1. Must apply technical measures, enhance safety and hygiene equipment to improve working conditions; when it is not possible to eliminate all hazardous factors and harmful elements, they must organize material compensation for workers to prevent diseases and ensure their health.

2. Base on the results of assessing working conditions as stipulated in Article 3 of this Circular to determine the corresponding level of material compensation for each specific occupation and job according to Appendix I issued together with this Circular.

For occupations and jobs with complex working conditions that cannot immediately determine the level of material compensation according to Appendix I issued together with this Circular, the employer must compile the occupational titles and jobs requiring material compensation and submit them to ministries, sectors, or provincial/municipal people's committees for consolidation and provide opinions to the Ministry of Labor, Invalids, and Social Affairs for consideration and decision on the level of compensation.

3. When applying measures to improve working conditions or when working conditions change, they must base on new results regarding working conditions to adjust the levels of compensation in accordance with Articles 3 and 4 of this Circular. Regularly promote the purpose and significance of the material compensation system and disseminate the contents of this Circular to workers.

4. Direct the health department or consult nutrition experts to build a structure of materials used for compensation suitable for detoxification and enhancing body resistance corresponding to the levels of compensation, while also being appropriate to each position and specific job and the health of the worker.

5. Seriously organize material compensation, ensuring that workers fully enjoy the benefits according to the regulations set forth in this Circular.

Article 7. Responsibilities of Ministries, Sectors, and Localities

1. Organize guidance on implementing the provisions of this Circular to enterprises, agencies, and organizations under their management responsibility.

2. Compile the list of occupations and jobs requiring material compensation based on the proposals from enterprises, agencies, and organizations under their management and submit the proposal files to the Ministry of Labor, Invalids, and Social Affairs for review and decision, including the following documents:

a) A summary table of occupations and jobs requiring material compensation at the sectoral and local level according to the model prescribed in Appendix II issued together with this Circular.

b) Data measuring and evaluating hazardous and harmful factors serving as the basis for deciding the level of material compensation.

3. Organize implementation and inspect the enforcement of this Circular against units and enterprises located within their jurisdiction according to their assigned functions and authorities.

Article 8. Effective Date

1. This Circular takes effect from March 1, 2023.

2. Circular No. 25/2013/TT-BLDTBXH dated October 18, 2013, guiding the implementation of the material compensation system for workers in hazardous and toxic working conditions issued by the Minister of Labor, Invalids, and Social Affairs shall cease to be effective from the date this Circular takes effect.

3. Members of the People's Armed Forces shall apply the material compensation system as stipulated in this Circular for workers, except where special legal regulations applicable to this group provide otherwise.

4. During the implementation process, if there are difficulties, please report to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.

Appendix I

TABLE OF MATERIAL COMPENSATION LEVELS BASED ON WORKING CONDITIONS RATE OF SUBSISTENCE IN KIND BASED ON OCCUPATIONỂMỀWORK ACCIDENT

(Attached to Circular No. 24/2022/TT-BLDTBXH dated November 30, 2022, issued by the Minister of Labor, Invalids, and Social Affairs)