JOINT CIRCULAR No. 28/2013/TTLT-BYT-BLDTBXH ON THE PERCENTAGE OF BODILY INJURY CAUSED BY INJURIES, DISEASES, DISABILITIES, AND OCCUPATIONAL DISEASES

JOINT CIRCULAR

Regulations on the percentage of bodily injury due to injuries, diseases, disabilities, and occupational diseases

disease, disability, and occupational disease

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Pursuant to the Labour Code No. 10/2012/QH13 dated June 18, 2012;

Pursuant to the Social Insurance Law No. 71/2006/QH11 dated June 29, 2006;

Pursuant to the Preferential Treatment Ordinance for Persons with Meritorious Services to the Revolution No. 26/2005/PL-UBTVQH11 dated June 29, 2005 and the Ordinance Amending and Supplementing Certain Provisions of the Preferential Treatment Ordinance for Persons with Meritorious Services to the Revolution No. 04/2012/UBTVQH13 dated July 16, 2012;

Pursuant to the Government Decree No. 45/2013/NĐ-CP dated May 10, 2013 detailing certain provisions of the Labour Code regarding working hours, rest periods, labour safety, and hygiene;

Pursuant to the Government Decree No. 31/2013/NĐ-CP dated April 9, 2013 detailing and guiding the implementation of certain provisions of the Preferential Treatment Ordinance for Persons with Meritorious Services to the Revolution;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Based on the proposal of the Director of the Department of Medical Examination and Treatment, the Head of the Legal Affairs Department, the Ministry of Health, and the Director of the Occupational Safety and Health Department, the Department of Persons with Meritorious Services, the Head of the Legal Affairs Department, the Ministry of Labour, Invalids and Social Affairs;

The Minister of Health and the Minister of Labour, Invalids and Social Affairs hereby issue this Joint Circular regulating the percentage of bodily injury due to injuries, diseases, disabilities, and occupational diseases.

Article 1. Provisions on the percentage rate of bodily injury

2. In this Circular, the term "percentage of bodily injury" (hereinafter referred to as "TTCT") is used interchangeably for the percentage of reduced work capacity, injury rate, disability rate, disease rate, and health damage rate.

Article 2. Principles for determining the percentage of bodily injury

1. The total percentage (%) of bodily injury of a person shall not exceed 100%.

2. Each bodily injury shall only be counted once for the percentage of bodily injury.

Example: Mr. Nguyen Van A suffered complete injury to the median nerve causing atrophy of the right hand muscles, then the percentage of bodily injury of Mr. Nguyen Van A shall only be calculated according to the percentage of complete injury to the median nerve (31-35%). In this case, the percentage of bodily injury due to atrophy of the right hand muscles shall not be counted, because the atrophy of the right hand muscles is a consequence of the injury to the median nerve already counted above.

3. If multiple injuries are symptoms of a syndrome or a disease listed in the percentage tables stipulated in Article 1 of this Circular, the percentage rate of bodily injury shall be determined according to the syndrome or the disease.

Example: Mr. Nguyen Van B was diagnosed with unstable schizophrenia with symptoms of hallucinations and muscle rigidity, then the percentage of bodily injury shall be calculated according to the percentage of unstable schizophrenia (51-55%); it shall not be determined by adding the percentage of bodily injury due to hallucinations and the percentage of bodily injury due to muscle rigidity.

4. If the body is determined to have one injury, the percentage of bodily injury shall be the upper limit of the percentage of that injury.

Example: Mr. Nguyen Van C lost one-third of his right arm, according to Table 1, Article 1 of this Circular, the percentage of bodily injury is 61-65%, then the percentage of bodily injury of Mr. Nguyen Van C is determined to be 65%.

5. When combining the percentage of bodily injury, only the upper limit of the highest percentage of bodily injury shall be taken once, from the second percentage of bodily injury onwards, the lower limit of the percentage of bodily injury shall be taken for calculation, in sequence from the highest percentage of bodily injury to the lowest percentage of bodily injury.

6. The percentage of bodily injury is a whole number. When calculating the percentage of bodily injury, only the first decimal place shall be considered. If the first decimal place is greater than or equal to 5, it shall be rounded up to one unit.

Article 3. Method for Determining the Percentage of Body Damage

1. The determination of the percentage of body damage is calculated according to the following formula:

Total percentage rate of bodily injury = T1 + T2 + T3 +...+ Tn

Where:

T1: The highest percentage (%) of body damage from the first injury; T1 is determined as the highest percentage (%) of body damage among all injuries.

T2: The percentage (%) of body damage from the second injury; T2 = (100 - T1) x lower limit of the second injury's body damage/100%.

T3: The percentage (%) of body damage from the third injury; T3 = (100 - T1 - T2) x lower limit of the third injury's body damage/100%.

Tn: The percentage (%) of body damage from the nth injury; Tn = {100 - T1 - T2 - T3 - … - T(n-1)} x lower limit of the nth injury's body damage/100%.

2. Example: Mr. Nguyen Van D is determined to have three body damages:

- Amputation of one-third of the middle part of the right arm, with a percentage of body damage ranging from 61% to 65%.

- Moderate hearing impairment in both ears at level I, with a percentage of body damage ranging from 21% to 25%.

- Blindness in the left eye without enucleation, with a percentage of body damage of 41%.

Applying the above method, the total percentage of body damage for Mr. Nguyen Van D is calculated as follows:

T2 = (100 - 65) x 41/100% = 14.35%, rounded to 14.0%.

T3 = (100 - 65 - 14.0) x 21/100% = 4.41%, rounded to 4.0%.

The total percentage of body damage for Mr. Nguyen Van D is 65% + 14.0% + 4% = 83%.

The percentage of body damage for Mr. Nguyen Van D is 83%.

Article 4. Transitional Provisions

In cases where a medical examination and appraisal determines a recurrence, re-examination due to injury, illness, or disability, and the percentage of body damage determined under this Circular is lower than the percentage of body damage previously concluded under the laws on the percentage of body damage due to injury, illness, or disability before the effective date of this Circular, then the previously determined percentage of body damage shall be maintained.

Article 5. Effective Date

1. This Circular takes effect from November 15, 2013.

2. Circular No. 12-TTLB dated July 26, 1995, issued jointly by the Ministry of Health and the Ministry of Labor, Invalids, and Social Affairs, which stipulates standards for disabilities and illnesses, ceases to be effective from the date this Circular takes effect. The table of percentages of loss of work capacity due to occupational diseases attached to the following Circulars is abolished: Joint Circular No. 29/TT-LB dated December 25, 1991, issued by the Ministry of Health, the Ministry of Labor, Invalids, and Social Affairs, and the General Confederation of Trade Unions Vietnam supplementing certain occupational diseases; Joint Circular No. 08/TTLB dated May 19, 1976, issued by the Ministry of Health, the Ministry of Labor, Invalids, and Social Affairs, and the Vietnam General Confederation of Labor regarding certain occupational diseases and benefits for state employees suffering from occupational diseases; Decision No. 27/2006/QD-BYT dated September 21, 2006, issued by the Minister of Health to supplement four occupational diseases to the list of occupational diseases covered by insurance; Decision No. 167/1997/QD-BYT dated February 4, 1997, issued by the Minister of Health to issue a supplementary five occupational diseases to the list of occupational diseases covered by insurance.

Article 6. Implementation Organization

1. The Department of Medical Examination and Treatment, Ministry of Health, is responsible for directing, inspecting, and urging subordinate units under the Ministry of Health, provincial and municipal health departments directly under the central government, and health departments of ministries and sectors to implement in accordance with the provisions of this Circular.

2. The Department of Occupational Safety and Health, and the Department of War Veterans and Martyrs' Affairs, Ministry of Labor, Invalids, and Social Affairs, based on their assigned functions and responsibilities, are responsible for directing, inspecting, and urging implementation in accordance with the provisions of this Circular.

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