Circular No. 71/2002/TT-BNN guiding the implementation of the system of material allowances for workers operating under hazardous and dangerous conditions in the Agriculture and Rural Development sector.

CIRCULAR

Guidelines for implementing the system of material allowances for workers

working under hazardous and toxic conditionsin the Agriculture and Rural Development sector.

Pursuant to Article 104 of Chapter IX of the Labor Code which stipulates that "workers operating under hazardous and toxic conditions shall be provided with material allowances and shall enjoy preferential working hours and rest periods as prescribed by law"; the Ministry of Agriculture and Rural Development has compiled a list of occupations and jobs entitled to material allowances within the sector, which has been agreed upon by the Minister of Labor, War Invalids and Social Affairs and promulgated through Decision No. 558/2002/QĐ-BLĐTBXH dated May 10, 2002 on the list of occupations and jobs entitled to material allowances for workers operating under hazardous and toxic conditions in the Agriculture and Rural Development sector.

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

In accordance with Circular Joint No. 10/1999/TTLT-BLĐTBXH-BYT dated March 17, 1999; to ensure uniform implementation of the List of Occupations and Jobs Entitled to Material Allowances attached to Decision No. 558/2002/QĐ-BLĐTBXH dated May 10, 2002, the Ministry of Agriculture and Rural Development hereby provides the following guidelines:

I. OBJECTS, CONDITIONS AND LEVELS OF ALLOWANCE.

1. Objects:

Workers including students undergoing internships or vocational training who work in enterprises, agencies, administrative units, plant protection branches, veterinary branches, forestry development branches, forest inspection branches at localities, if they have job titles and working conditions similar to those specified in Decision No. 558/2002/QĐ-BLĐTBXH, shall also apply this Circular.Workers engaged in hazardous and toxic job titles and positions according to the list of particularly arduous, toxic, dangerous, and arduous, toxic, and dangerous jobs issued by the Ministry of Labor, War Invalids and Social Affairs through Decisions No. 1453/LĐTBXH-QĐ dated October 13, 1995, Decision No. 915/LĐTBXH-QĐ dated July 30, 1996, Decision No. 1629/LĐTBXH-QĐ dated December 26, 1996, Decision No. 190/LĐTBXH-QĐ dated March 3, 1999, Decision No. 1580/2000/QĐ-BLĐTBXH dated December 26, 2000.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:3. Levels of allowance:

The total number of occupations and jobs entitled to material allowances is 177, divided into four levels based on standard rates and monetary value as follows:Level 4: 2 occupations, allowance value of 6,000 VND/per person

Level 3: 7 occupations, allowance value of 4,500 VND/per person

Level 2: 83 occupations, allowance value of 3,000 VND/per person

Level 1: 85 occupations, allowance value of 2,000 VND/per person

II. PRINCIPLES:

1. The system of material allowances is one of the five components of labor protection measures and does not fall within the wage system; therefore, units must strictly implement the annual labor protection plan (including the material allowance plan) according to the分级任务如下：

2. The organization of material allowances must be carried out during working shifts, cannot be paid in cash, and cannot be included in the unit price of wages.

3. Workers operating in environments with hazardous and toxic factors for more than 50% of the standard working time of a day are entitled to full allowances; if less than 50%, they are only entitled to half of the allowance. In cases where overtime is required, the material allowance will also increase accordingly with the additional hours worked.

4. The funds for material allowances for production and business units are accounted for in product costs or circulation expenses; administrative and public service units include it in regular expenses; for student interns and trainees managed by certain agencies, the respective agency provides the funding.

1. The list of occupations only applies to agricultural, forestry, and water conservancy sectors; other occupations such as mechanical, transportation, construction, etc., are applied according to the regulations of the Ministry of Labor, Invalids and Social Affairs for relevant industries. The list is divided into different levels of allowances for easier management and utilization.

III. IMPLEMENTATION:

2. For facilities that organize mid-shift meals or three-shift systems, the material allowance meals should be combined with these meals to improve quality, facilitate management, and reduce wasted time.

3. In cases where stable labor organization is not possible, such as mobile, scattered, or small-scale operations, employers must provide materials for workers to self-compensate according to regulations, and employers must regularly check compliance.

4. Material allowances are merely supportive measures; therefore, units need to take active steps to improve working conditions and equip protective gear to minimize occupational hazards to the lowest extent possible.

5. Annually, if units require additional heavy and toxic occupations, they can invite provincial or centrally-administered city preventive health centers or other institutions approved by the Ministry of Health to measure the working environment. For jobs directly exposed to infectious sources causing diseases, environmental measurements are not required. If the environmental measurements exceed the permissible hygiene standards set by the Ministry of Health, the unit must submit a report to the immediate superior authority for review and submission to the Ministry for resolution. Units may not independently establish supplementary or amended regulations regarding objects or allowance levels.

6. The Plant Protection Bureau, Veterinary Bureau, Forestry Development Bureau, and Forest Inspection Bureau are responsible for guiding branches to implement this Circular.

7. This Circular takes effect 15 days from the date of issuance and replaces all previous agreements concerning material allowances in the Food Industry Ministry, Grain Ministry, Agriculture Ministry, Forestry Ministry, and Water Resources Ministry.

During implementation, if there are difficulties or issues, units are advised to promptly report them to the Ministry (Department of Agricultural Policy and Rural Development) for study and resolution./.

During the implementation process, if there are any difficulties or obstacles, it is recommended that各单位及时向部（农业政策与农村发展司）反映，以便研究和解决。