Circular No. 5/LDTBXH-TT guiding the implementation of the allowance for loss of working capacity according to Decision No. 60-HĐBT dated March 1, 1990 of the Council of Ministers.

CIRCULAR

Guidelines for implementing the regime of disability benefits

due to loss of working capacity pursuant to Decision No. 60/HDBT dated March 1, 1990 of the Council of Ministers

Government Council

Pursuant to Decision No. 60/HDBT dated March 1, 1990 of the Council of Ministers, after consultation and agreement with the Ministry of Finance and the Vietnam General Confederation of Labor, the Ministry of Labor, Invalids and Social Affairs hereby issues the following guidelines:

I. OBJECTIVES AND SIGNIFICANCE OF THE AMENDMENT TO THE REGIME

The main content of the amendment aims to address several unreasonable points regarding the duration of monthly disability benefits in order to:

1- Adjust one step towards the principle of distribution according to labor, ensuring social equity, providing preferential treatment for those who have made significant contributions to the country, ensuring the correlation with other regimes within the field of social insurance, and the relationship between different beneficiaries.

2- Enhance the responsibility of various sectors and levels in recruitment, training, and health maintenance for workers and civil servants, contributing to better management and utilization of labor capacity; at the same time, ensuring the legitimate right to rest for workers.

3- Encourage workers and civil servants to uphold labor discipline, and overcome negative manifestations in the implementation of the disability benefit regime.

II. CONTENTS OF THE AMENDMENT TO THE REGIME

1- Duration of Monthly Disability Benefits

a) The subjects specified in Article 1 of Decision No. 60-HDBT are state workers and civil servants, including defense and public security workers receiving monthly disability benefits before October 9, 1989 (the date of issuance of Decision No. 176-HDBT).

b) The duration of monthly benefits shall be half the converted years of service (except for certain subjects specified in Article 2 of Decision No. 60-HDBT).

c) Those not included in the subjects entitled to continue receiving monthly disability benefits under Article 2 of Decision No. 60-HDBT, if their period of monthly disability benefits had expired before July 1, 1990, will be entitled to receive benefits until June 1990 according to Article 3 of Decision No. 60-HDBT.

Example:

Mr. B has 18 years of converted service, retired on November 1, 1980, to receive monthly disability benefits; his period of monthly benefits is 9 years, expiring in November 1989 but he continued to receive benefits until June 1990.

2- Re-examination of Working Capacity and Regime for Those Whose Period of Monthly Disability Benefits Has Expired

For those currently receiving monthly disability benefits, if the subject themselves or local authorities make a request, the Department of Labor, Invalids and Social Affairs will consider and arrange for a re-examination of their working capacity. If they are found to be healthy, they will be handled according to Circular No. 48-TBXH dated September 30, 1985 of the Ministry of Invalids and Social Affairs (former). If their health does not recover, they will continue to receive benefits until the end of the period stipulated in Decision No. 60-HDBT.

After the expiration of the benefit period, those truly facing difficulties in life will be provided with job placement and social relief assistance by local authorities and the Department of Labor, Invalids and Social Affairs at the district, city, and town level.

3- Subjects Entitled to Continue Receiving Monthly Disability Benefits

Certain special subjects, after the expiration of the general period of monthly benefits, are entitled to continue receiving monthly disability benefits as stipulated in Article 2 of Decision No. 60-HDBT. Further guidance on some additional points is as follows:

a) Those injured, suffering from work-related accidents or occupational diseases, who were not classified as disabled when retiring due to loss of working capacity, but whose old injuries or diseases recur during the period of receiving monthly benefits and are subsequently classified as disabled by the Medical Examination Board, are also entitled to continue receiving monthly disability benefits.

b) Those losing working capacity at 81% or more are those who have been classified by the Medical Examination Board upon retirement or those who, during the period of receiving monthly benefits, suffer illness or accidents leading to disability, and are subsequently classified as having lost working capacity at 81% or more by the Medical Examination Board.

c) Those reaching the age limit for labor as stipulated in Decision No. 60-HDBT are divided into two different time periods for consideration of continuing to receive monthly disability benefits.

Those retiring due to loss of working capacity from the date of issuance of Decision No. 176-HDBT onwards are considered to have reached the age limit for labor upon retirement (men aged 60 or older, women aged 55 or older).

Those retiring due to loss of working capacity before the issuance of Decision No. 176-HDBT are considered to have reached the age limit for labor by January 1, 1990 (men born in or before 1929, women born in or before 1934).

d) Those with five years of actual service in regions B, C, K, border areas, distant islands, or regions with many difficulties and hardships are those who actually fought or worked in such places for a total of five years.

Border areas are applied according to Circular No. 14/LD-TT dated January 7, 1985 of the Ministry of Labor (former).

Distant islands are applied according to the provisions in Circular No. 16-TBXH dated May 14, 1981 of the Ministry of Invalids and Social Affairs (former).

Regions with many difficulties and hardships are those with regional allowances of 25% or combat allowances ranging from 10% to 20%, as stipulated in Decree No. 235-HDBT dated September 18, 1985 of the Council of Ministers.

(An appendix is attached to this circular).

e) Those without support and without income sources are those who no longer have direct or indirect caregivers and have no other source of income except for disability benefits.

Those living alone but with stable income from labor, production, trade, etc., do not qualify for continued monthly disability benefits.

For those without a place to rely on, each locality shall annually review their living conditions and income situation to decide whether to continue or cease monthly disability allowance. In cases where allowances have been discontinued, there will be no reconsideration unless the family's actual circumstances are truly difficult, in which case social emergency assistance may be considered.

III. IMPLEMENTATION

It is recommended that the Ministries, sectors, People's Committees of provinces, cities, and centrally governed municipalities organize the dissemination and clear explanation of the purpose, significance, and content of Decision No. 60-HĐBT and the guiding Circular issued by the Ministry of Labor, War Invalids, and Social Affairs to all workers and civil servants.

The Department of Labor, War Invalids, and Social Affairs has the direct responsibility for implementing the policy and plans its implementation in the following steps:

1- Organize in-depth dissemination about the policy and implementation measures for cadres within the sector and widely publicize to the beneficiaries and the general public.

2- Conduct a thorough review of all disability allowance files currently under management. Based on the existing files, calculate the duration of monthly disability allowance entitlement for each individual. Strictly prohibit unauthorized alterations to work history, age, and disability rate records, and take decisive action against violations.

During file reviews, if improper benefit recipients are identified, adjust or terminate benefits promptly and propose disciplinary actions by relevant authorities against staff intentionally violating policies and regulations.

3- After calculating the duration of benefit entitlement, categorize individuals whose benefit period has expired by month, quarter, or year, and select those with special circumstances eligible for continued monthly disability allowance for monitoring and strict adherence to policy.

4- The Director of the Department of Labor, War Invalids, and Social Affairs shall issue decisions on continuing or ceasing monthly disability allowance (according to the model in the annex). These decisions must be filed in the beneficiary's record for management purposes. For those who have exceeded their benefit period, the Labor, War Invalids, and Social Affairs sector shall reclaim the disability allowance certificate and hand over the decision to terminate benefits to the individual.

5- Strengthen file storage procedures, open registration books according to the model provided by the Ministry for strict management of beneficiaries.

During the implementation of this Circular, if any issues arise, it is requested that sectors and localities report them to the Ministry of Labor, War Invalids, and Social Affairs for research and resolution./.