Joint Circular No. 6/TT-LB guiding the implementation of Directive No. 324-CT dated December 29, 1988 of the Chairman of the Council of Ministers on the hardship allowance for workers and civil servants.

 JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DIRECTIVE NO. 324-CT OF THE PRESIDENT OF THE STATE COUNCIL ON DIFFICULTY ALLOWANCES FOR WORKERS AND EMPLOYEES ISSUED ON DECEMBER 29, 1988

To implement Directive No. 324-CT dated December 29, 1988 of the President of the State Council on difficulty allowances for workers and employees; the Ministry of Labor - Invalids and Social Affairs - Ministry of Finance - Vietnam General Confederation of Labor Unions provide guidelines as follows:

I- MONTHLY DIFFICULTY ALLOWANCES FOR WORKERS AND EMPLOYEES WITH MANY PEOPLE ACTUALLY NEEDING TO BE SUPPORTED AND EXPERIENCING SUBSTANTIAL DIFFICULTIES IN LIVING

1. The subjects eligible for consideration for difficulty allowances are workers and employees; those receiving salaries in armed forces; those working under long-term contracts with salaries and benefits similar to those of workers and employees in the same profession; those receiving pensions, those who have stopped working due to loss of labor capacity, occupational accidents, and occupational diseases categories I and II; war invalids categories I and II; disabled veterans categories I and II; currently receiving monthly allowances, having many people actually needing to be supported, and experiencing substantial difficulties in living.

Those actually needing to be supported include:

a) Biological or adoptive parents, stepfathers, stepmothers directly supporting (must be in the same household registration) of the worker's or employee's spouse, who have reached retirement age, have no other children to rely on, and do not receive a pension or allowance.

b) Children: including biological children, illegitimate children, adopted children (must be in the same household registration) who have not yet reached working age or have reached working age but are severely disabled and require full support from their parents.

2. Conditions and levels of allowances:

All subjects eligible for consideration for difficulty allowances mentioned above, if they have many people actually needing to be supported and their family lives solely on state salaries or allowances without any other sources of income, and experience substantial daily difficulties, will receive allowances starting from the third person actually needing to be supported and not exceeding two allowances per month.

The following cases will receive allowances starting from the second person actually needing to be supported and also not exceeding two allowances per month.

- Workers, employees, retirees, occupational accident victims, or occupational disease category I, those who have stopped working due to loss of labor capacity of 81% or more, or have exceeded working age and are widowed (or divorced), without additional income sources.

- Both spouses are workers or employees or retirees, and one of them is disabled or has lost labor capacity of 81% or more.

- One spouse is a worker or employee, while the other is serving military service.

- Both spouses are war invalids category II, or one is a war or disabled veteran category I and the other is a worker or employee.

In particularly difficult cases, allowances will be provided starting from the first person actually needing to be supported and not exceeding three allowances per month.

- Both spouses are war invalids category I.

- War or disabled veterans category I who are widowed (or divorced) and alone must ensure the livelihood of the entire family.

- Both spouses: one is a war or disabled veteran category I, and the other is a war or disabled veteran category II or has lost labor capacity of 81% or more.

Each difficulty allowance is calculated based on no more than 10 kilograms of food grain per month at the local trading price (in areas where the price is raised to sell at one price, that area is responsible for subsidizing the difference between the trading price and the one-price selling price).

All subjects mentioned above, if they have a third child born from January 1, 1989 onwards (after Decision No. 162-HĐBT dated October 18, 1988 of the State Council on population policy and family planning), then this third child will not be considered for difficulty allowance.

II- EMERGENCY ALLOWANCES FOR WORKERS AND EMPLOYEES WHEN THEIR FAMILY ENCOUNTERS UNEXPECTED ACCIDENTS LEADING TO SUBSTANTIAL DIFFICULTIES IN LIVING

1. All subjects mentioned in point 1, section I, when their family encounters unexpected accidents (long-term illness, death, house fire...), and the family does not have the ability to cope, will be considered for emergency allowances. However, in cases caused by natural disasters or enemy attacks affecting a wide area in the locality, the subjects mentioned above in that area will be considered for social relief assistance according to the general social relief policy of the state and will not be included in the scope of emergency difficulty allowances under this Circular.

2. Depending on the level of difficulty in each case, emergency allowances will be provided to each family ranging from the value of 20 to not more than 40 kilograms of food grain per month at the local trading price, and not more than twice a year.

III- METHODS OF CONSIDERING AND PAYING ALLOWANCES

1. Based on the subjects, conditions, and levels of allowances stipulated in this Circular, every month, the heads of units will closely coordinate with the Chairmen of the grassroots trade unions to review and consider regular and emergency difficulty allowances, ensuring accurate and appropriate distribution according to the existing financial resources.

For subjects enjoying social policies who are considered for difficulty allowances, the War Invalids Committee and the Pensioners Liaison Board at the commune or ward level will examine each specific case through the People's Committee of the commune or ward to propose decisions on allowances to the District or County People's Committee for accurate and appropriate distribution.

2. When considering allowances, attention should be paid to:

a) Monthly difficulty allowances are not long-term stable allowances for the recipients; they are only provided when the recipient actually faces difficulties in a given month, and discontinued when there are no longer such difficulties.

b) Attention should be given to workers and employees who previously had the right to purchase food grains and fuel.

c) Among those enjoying social policies for war invalids, special attention should be given to those who have made significant contributions, are truly facing difficulties, and those receiving allowances for loss of labor capacity of 81% or more or have reached retirement age with many people needing to be supported and are truly facing difficulties.

3. The method of paying allowances, this allowance will be distributed monthly along with the salary or social allowance, pension for the first time.

To avoid duplication, when considering and paying allowances, agencies and enterprises shall follow the provisions below:

a) If both spouses are workers, civil servants, or regular contract employees receiving salaries and benefits similar to state workers and civil servants, then the agency or enterprise managing the female spouse shall be responsible for examining, deciding, and disbursing the allowance.

b) If one spouse is a worker or civil servant currently employed, while the other belongs to the armed forces or has retired due to loss of working capacity..., then the state agency or enterprise managing the employed worker or civil servant shall examine, decide, and disburse the allowance.

c) If both spouses belong to the armed forces, then the Ministry of National Defense and the Ministry of Public Security shall examine and disburse the allowance.

d) If both spouses have retired or stopped working due to loss of working capacity and are currently receiving social allowances or pensions, then the labor - war invalids and social affairs agency shall disburse the allowance.

IV- SOCIAL ALLOWANCE EXPENSES

1. Until a social fund is established, the source of funds for regular and emergency social allowances shall be covered by the state budget and shall be allocated from 2% of the 10% social insurance retained at the grassroots level by the Ministry of Labor, Invalids, and Social Affairs to form a hardship allowance fund. Any surplus must be remitted to the Department of Finance.

In cases where enterprises or agencies have welfare funds or ministerial funds with sufficient conditions, the heads of these units or agencies should coordinate with the local trade unions to allocate a portion to supplement the hardship allowance fund for their own units.

2. Quarterly, the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs, and the General Confederation of Trade Unions of Vietnam shall jointly allocate regular and emergency hardship allowance funds to the Departments of Finance, the Ministry of National Defense, and the Ministry of Public Security. Based on the allocated budget, the Departments of Finance, the Ministry of National Defense, and the Ministry of Public Security shall review and distribute the funds to local units, including central units located in those areas. Units receiving hardship allowance funds are responsible for examining and disbursing the allowance within the allocated budget (quota). If there is a shortage, they may use the welfare fund to make up the difference.

3. Quarterly, units must prepare reports on the settlement of hardship allowance expenses and submit them to the Departments of Finance, the Ministry of National Defense, and the Ministry of Public Security for review and consolidation of hardship allowance settlements to be submitted to the Ministry of Finance.

V- IMPLEMENTATION PROVISIONS

This Circular takes effect from January 1, 1989, replacing Circular No. 21/TT-LB dated November 16, 1985, and other specialized documents (War Invalids and Social Affairs, Labor - War Invalids and Social Affairs, National Defense). During implementation, if there are difficulties or obstacles, they should be reported to the Joint Ministry of Labor, Invalids, and Social Affairs - Finance and the General Confederation for research and resolution.