Decree No. 81/2000/NĐ-CP detailing and guiding the implementation of the Ordinance on Compulsory Public Labor Service

DECREE OF THE GOVERNMENT

Detailed regulations and guidance on the implementation of the Civic Labor Service Ordinance

 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Civic Labor Service Ordinance dated September 3, 1999;

Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

 

DECREE:

PART I

ANNUAL CIVIC LABOR SERVICE

Article 1. The responsibility for performing annual civic labor service pursuant to Article 7 of the Civic Labor Service Ordinance is stipulated as follows:

Vietnamese citizens, males from 18 years old to 45 years old, and females from 18 years old to 35 years old, have the responsibility to perform annual civic labor service at the place where they permanently reside and have permanent household registration, or have continuously registered temporary residence for six months or more.

Article 2. The number of working days for performing annual civic labor service pursuant to Article 8 of the Civic Labor Service Ordinance is stipulated as follows:

1.Each citizen's annual civic labor service working days amount to ten days. In cases where construction projects are located far from the place of duty as specified in Article 1 of this Decree, and there are no conditions for daily return, the time spent traveling once for both going and returning shall be deducted from the annual civic labor service working days;

2. The working days of annual civic labor service of any given year can only be mobilized for use within that year. For the civic labor fund in monetary form, if it remains unused in the year, it may be carried over to the following year.

Article 3. The tasks utilizing annual civic labor service as stipulated in Article 9 of the Civic Labor Service Ordinance include:

1. Building and repairing village roads, communal roads, field access roads, residential area roads managed by commune, district, and provincial levels;

2. Building and repairing irrigation systems within fields, water conservancy works managed by commune, district, and provincial levels (excluding dikes and levees);

3. Building and repairing health stations, kindergartens, primary schools;

4. Building and repairing martyrs' cemeteries, memorials to martyrs, monuments inscribed with martyrs' names;

5. Building and repairing other social welfare public works such as historical sites, cultural relics, recreational facilities, sports and physical training facilities not for commercial purposes.

Article 4. Citizens exempted from performing annual civic labor service as stipulated in Article 10 of the Civic Labor Service Ordinance include:

1. Military personnel and police officers;

2. Defense workers and police workers employed in border communes, border districts, remote areas, islands; in mountainous and highland communes, districts, provinces recognized as mountainous and highland regions; defense workers belonging to mobile repair teams;

3. Veterans registered in the first reserve category;

4. War invalids, disabled veterans, and persons enjoying benefits equivalent to war invalids;

5. Parents, spouses of martyrs, or persons raising martyrs;

6. Professional religious officials as prescribed by the Government's Religious Affairs Committee;

7. Persons suffering from mental illness, epilepsy, or physical disabilities confirmed by a specialist doctor at a county-level hospital, district-level hospital, provincial-level hospital, central-level hospital, or sectoral hospital as unable to work;

8. Persons whose ability to work has been reduced by 21% or more.

Article 5. Those eligible for temporary exemption from performing annual civic labor service as stipulated in Article 11 of the Civic Labor Service Ordinance include:

1. Persons undergoing treatment at health stations, hospitals, medical facilities licensed for operation or outpatient treatment according to a physician's prescription; undergoing rehabilitation at rehabilitation centers; the sole family member directly caring for seriously ill relatives;

2. Parents, spouses of military personnel on active duty with genuinely difficult family circumstances certified by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune, ward, town (hereinafter referred to collectively as commune level);

3. Pregnant women, women on leave due to miscarriage, stillbirth, death of a newborn, or nursing infants under 36 months;

4. Men whose wives have died or divorced and who are directly raising infants under 36 months;

5. Persons directly nurturing or serving severely wounded war invalids, severely wounded disabled veterans, or persons with severe disabilities reducing their ability to work by 81% or more in centralized care facilities. If these individuals live in families, one person in the family may be temporarily exempted;

6. Persons participating in core militia and self-defense forces as prescribed by the Militia and Self-Defense Force Ordinance;

7. State officials dispatched to work for a limited period in mountainous and highland communes, districts, provinces recognized as mountainous and highland regions; border communes, border districts; islands; remote areas;

8. Volunteers and voluntary youth currently performing duties assigned by state authorities;

9. The sole breadwinner in a family directly nurturing another person who is unable to work or has not reached working age;

10. Members of households recognized by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune level as destitute households based on standards set by the Ministry of Labor, Invalids, and Social Affairs;

11. Chief and Deputy Chiefs of Commune Police, Commune Police Officers; Village Chiefs, Communal Chiefs, or equivalents;

12. Graduate students, master's degree students, internship students, undergraduate students, vocational high school students, specialized secondary school students, vocational training students in the national education system, religious training institutions; high school students, those teaching and learning to eliminate illiteracy;

13. Persons working, studying, or laboring abroad.

Article 6. The forms of implementing annual civic labor service pursuant to Article 15 of the Civic Labor Service Ordinance are stipulated as follows:

Citizens mobilized to perform annual civic labor service, if they cannot go to work directly, must arrange for someone else to work in their place or pay money. In cases where the duty is fulfilled through payment or by someone else working in their place, the person obligated to perform civic labor must report to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune level where the citizen performs the duty stipulated in Article 1 of this Decree at least three days before the duty date.

The days during which the person subject to community labor service performs suchservice by paying money or having another person perform the service on theirbehalf shall be considered as workdays without pay. However, the timing of suchleave shall be determined by the head of the agency, unit, or employer.

The amount payable for each day of community labor service and the conditionsfor those performing the service on behalf of others shall be implemented inaccordance with the provisions set forth in Article 15 of the Ordinance onCommunity Labor Service Obligation.

, Clause 1, Clause 2 Article 7a of this Regulation.The annual community labor service day fund specified in Article 17 of theOrdinance on Community Labor Service Obligation shall be utilized as follows:

1. Provincial authorities may use up to 10% of the community labor service dayfund, with specific amounts determined by the Provincial People's Council forthe following purposes:

a) Supporting the construction and repair of provincial key public works managedby the district level;

b) Supporting the construction and repair of public works in districts or citieswith many difficulties;

c) Contributing to the construction and repair of public works managed by theprovincial level.

2. District authorities may use up to 20% of the community labor service dayfund, with specific amounts determined by the District People's Council for thefollowing purposes:

a) Supporting the construction and repair of district-level key public worksmanaged by the commune level;

b) Supporting the construction and repair of public works in communes with manydifficulties;

c) Contributing to the construction and repair of public works managed by thedistrict level;

In special cases requiring additional funding from the community labor serviceday fund, a plan must be prepared and submitted to the provincial authority forconsideration and decision.

3. Commune authorities may use the remaining portion of the community laborservice day fund, after deducting the portions allocated to the provincial anddistrict levels, for the following purposes:

a) Constructing and repairing public works in villages, hamlets, residentialwards, or equivalent units;

b) Contributing to the construction and repair of public works managed by thecommune level.

In special cases requiring additional funding from the community labor serviceday fund, a plan must be prepared and submitted to the district authority forconsideration and decision.

4.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels may use the community labor service day fundin cash from their own level to pay for benefits for individuals performingcommunity labor service annually as prescribed in Chapter IV of the Ordinanceon Community Labor Service Obligation and for individuals injured in laboraccidents as stipulated in Article 12 of this Decree.

Article 8. Management and utilization of the community labor service day fund as providedfor in Article 18 of the Ordinance on Community Labor Service Obligation areregulated as follows:

The management of the community labor service day fund shall be carried out inaccordance with the regulations on the management and use of the communitylaborservice day fund issued by the Ministry of Finance.

Expenses for organizing the mobilization and management of the annual communitylabor service day fund include management costs, publicity, vocational training,interim reviews, final summaries, awards, and other directly related expensesprovided for in the State Budget Law by local budgets.

 

Chapter II

EMERGENCY COMMUNITY LABOR SERVICE OBLIGATION

Article 9. Emergency mobilization of community labor service obligation as provided for inArticle 23 of the Ordinance on Community Labor Service Obligation is regulatedas follows:

Emergency situations that require the mobilization of community labor servicewill include urgent cases that need timely resolution to serve the prevention,control, or mitigation of consequences caused by typhoons, floods, earthquakes,epidemics, fires, and other emergencies caused by natural disasters.

Article 10. The authority to issue decisions on the mobilization of community labor serviceobligation in emergency situations shall be carried out in accordance with theprovisions of Article 24 of the Ordinance on Community Labor Service Obligation.

When there is an emergency mobilization order from the authorized person, theindividuals mobilized have the duty to participate promptly in labor to prevent,control, or mitigate the consequences, thereby minimizing potential damage tothe lowest extent possible.

Article 11. The duration of emergency mobilization of community labor service as providedfor in Article 25 of the Ordinance on Community Labor Service Obligation isregulated as follows:

The duration of emergency mobilization of community labor service in eachperiod shall not exceed five working days, including travel time. In specialcases, if individuals are required to work more than eight hours a day, theadditional hours worked shall be converted into working days for calculation ofthe actual performance of their obligations.

Upon completion of the emergency mobilization period, if the work has not beencompleted, other forces must be mobilized to replace them, and the duration ofthe current mobilization period shall not be extended, except in cases wherecitizens volunteer.

 

Chapter III

BENEFITS FOR PERSONS INJURED IN LABOR ACCIDENTS WHILE PERFORMING COMMUNITYLABOR SERVICE OBLIGATION

REGULATIONS ON BENEFITS FOR PERSONS INJURED IN LABOR ACCIDENTS WHILEPERFORMING COMMUNITY LABOR SERVICE OBLIGATION

Article 12. Regulations on benefits for persons injured in labor accidents while performingcommunity labor service obligation as provided for in Article 28 of the Ordinanceon Community Labor Service Obligation are regulated as follows:

1. Individuals performing community labor service obligation who suffer laboraccidents under the following circumstances shall be entitled to benefits for laboraccidents:

a) Suffering an accident while performing tasks assigned by the authorizedperson managing and using community labor services as stipulated in Articles 9and 23 of the Ordinance on Community Labor Service Obligation;

b) Suffering an accident on the route from their residence to the workplace toperform community labor service obligation.

2. In the event of a labor accident at a construction site, the project owner shallbe responsible for:

a) Providing immediate first aid and emergency care on-site, then transferringthe injured person to a medical facility;

b) Recording a detailed report of the accident, including the victim's injuries,severity of damage, cause of the accident, and signatures of representatives ofthe construction unit or local government at the commune level where theaccident occurred, and representatives of the group performing community laborservice obligation at the construction site. In cases of accidents occurring on theroute to and from work, the report must bear the stamp and signature of thepolice or representative of the local government at the commune level where theaccident occurred;

c) In cases of fatal labor accidents or accidents causing serious injuries tomultiple people, the scene of the accident must be preserved intact, and theState Labor Inspection Authority and local police must be immediately notifiedto conduct an investigation according to the Labor Code and relevant guidancedocuments for investigating labor accidents.

3. Persons injured in labor accidents while performing community labor serviceobligation shall be entitled to the following benefits:

a) Be reimbursed for medical expenses during emergency treatment until stablecondition, up to discharge from hospital;

b) After treatment, be referred by the labor authority for a work capacityassessment at the Medical Appraisal Council in accordance with the regulationsof the Ministry of Health.

Inthe case where a person who has not participated in Social Insurance has theirwork capacity reduced by 10% or more, they shall be entitled to a one-timeallowance. The allowance amount for a 10% reduction in work capacity is equal totwo months of the minimum wage; if the work capacity is reduced by more than10%, an additional half month of the minimum wage will be added for each 1%increase. If the work capacity is reduced by 81% or more, in addition to theone-time allowance, they shall also enjoy the regular relief benefits prescribedin Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government.

Inthe case where a person has participated in Social Insurance, they shall enjoyeither a one-time allowance or monthly allowance according to the regulations ofthe Social Insurance Charter issued together with Decree No. 12/CP dated January26, 1995 of the Government.

c) A person suffering from occupational injury resulting in impairment of oneor multiple body parts or functions, manifesting in various disabilities thatreduce their ability to function, making labor, daily life, and study difficultshall be entitled to preferential treatment as prescribed by law for persons withdisabilities.

d) In the event of death, including death during initial treatment, if thedeceased had not participated in Social Insurance, the person directlyresponsible for funeral arrangements shall receive funeral expenses equivalentto eight months of the minimum wage, and the family of the deceased shall bereimbursed once for five months of the minimum wage; if the deceased hadparticipated in Social Insurance, it shall be implemented according to theregulations of the Social Insurance Charter issued together with Decree No.12/CP dated January 26, 1995 of the Government.

Article 13.The funding for the benefits provided when an occupational accident occurs asprescribed in points a, b, and d Clause 3 Article 12 of this Decree shall beimplemented as follows:

1. In the case of an occupational accident occurring while performing annualpublic service labor duties, the funding shall be sourced from the public servicelabor fund in cash from the project management level, and if insufficient,from the local government budget at the same level;

2. In the case of an occupational accident occurring while performing publicservice labor duties in urgent situations, the funding shall be sourced from thebudget allocated for mobilization decisions, and specifically, in cases ofurgent situations due to typhoons or floods, the typhoon and flood preventionfund shall be utilized;

3. For individuals participating in Social Insurance, the death benefit and onetime or monthly allowance shall be paid from the Social Insurance Fund.

 

Chapter IV

RESPONSIBILITIES OF MINISTRIES AND PEOPLE'S COMMITTEES AT ALL LEVELS

Article 14. The responsibilities of Ministries, agencies equivalent to Ministries, andgovernment agencies under Article 33 of the Public Service Labor Obligation Ordinanceare stipulated as follows:

1.The Ministry of Labor, Invalids and Social Affairs is responsible for:

a) Drafting and submitting to competent authorities for issuance or issuinglegal documents on public service labor;

b) Guiding localities in planning the use of the public service labor day fund,reporting on the results of using such funds, reporting on the results of eachemergency mobilization of public service labor, and annually reporting on theimplementation of the Public Service Labor Obligation Ordinance;

c) Inspecting, supervising, and directing local-level administrative bodies toinspect and supervise the implementation of laws on public service labor.

2. The Ministry of Finance is responsible for:

a) Issuing the Management and Utilization Regulations for the Public ServiceLabor Day Fund;

b) Directing the issuance and management of receipts for fees as prescribed inArticle 15 of the Public Service Labor Obligation Ordinance;

c) Guiding, inspecting, and supervising the management and utilization of thePublic Service Labor Day Fund in localities.

3. The Ministry of Health is responsible for guiding, directing, inspecting,and supervising the organization of medical examinations, treatments, andemergency care for occupational accidents at projects utilizing public service labor.

4. The Government's Religious Affairs Commission is responsible for specifyingthe specific professional religious officials exempted from annual publicservicelabor obligations.

Article 15.Responsibilities of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels underArticle 36 of the Public Service Labor Obligation Ordinance are stipulated asfollows:

1. Planning the use of the public service labor day fund at their level andsubmitting it to the People's Council at the same level for decision;

2. Based on the plan approved by the People's Council at the same level andrequests from the higher-level People's Committee to issue decisions onannual mobilization of public service labor;

3. Maintaining records and strictly managing the public service labor day fundwithin their jurisdiction and the portion of the fund used at each level;

4. Adhering to the management regulations for the annual public service laborday fund;

5. Directing project managers and construction sites under their management touse public service labor annually, ensuring strict management and effectiveutilization of the public service labor day fund, and fully and promptlyimplementing benefits for workers;

6. Issuing decisions to mobilize public service labor in urgent situations withintheir jurisdiction according to their authority, using the funds for theirintended purpose, and fully and promptly implementing benefits for workers;

7. Inspecting and supervising the implementation of public service laborobligations within their jurisdiction. Promptly rewarding units and individualswho perform well, and strictly punishing any violations during theimplementation process;

8. Reporting the results of each emergency mobilization of public service laborto the higher-level authority. Annually reporting the results of public serviceobligation implementation to the People's Council at the same level and the higher-level People's Committee in accordance with the deadline set by Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial People's Committee; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial People's Committee aggregates reports to the Governmentthrough the Ministry of Labor, Invalids, and Social Affairs in January of thenext year.

 

Chapter V

ADMINISTRATIVE SANCTIONS FOR VIOLATIONS

VIOLATIONS OF PUBLIC SERVICE LABOR OBLIGATIONS

Article 16. Administrative sanctions prescribed in Chapter V of this Decree shall beapplied to individuals and organizations violating laws on public service laborobligations but not reaching the threshold for criminal prosecution.

Article 17. Forms of administrative sanctions for violations of public service laborobligations include warnings and fines.

Article 18. Principles for imposing penalties, statute of limitations for penalties, mitigatingcircumstances, aggravating circumstances, and the period during which a violationof public service labor obligations is considered not yet penalized shall beapplied in accordance with the provisions of the law on administrative violations.

Article 19The acts of violation, forms, and levels of penalty are stipulated as follows:

1. A warning penalty shall be applied to the act of failing to comply with thedecision on mobilization regarding the time of performing annual public servicelabor obligation through payment.

2. A fine from VND 30,000 to VND 70,000 shall be imposed for any of thefollowing acts:

a) Failing to perform the required number of days of annual public service laborobligation without a legitimate reason;

b) Voluntarily abandoning assigned tasks before the completion of the annualpublic service labor obligation in urgent cases;

c) Misrepresenting information to temporarily exempt oneself from performing theannual public service labor obligation;

d) Failing to comply with the time of performing the annual public service laborobligation through payment for the second notification. If the violationcontinues, it will be handled according to the regulations on aggravated acts.

3. A fine from VND 70,000 to VND 100,000 shall be imposed for the act of evadingthe performance of the annual public service labor obligation.

4. A fine from VND 100,000 to VND 200,000 shall be imposed for any of thefollowing acts:

a) Misrepresenting information to be exempted from performing the annual publicservice labor obligation;

b) Evading the performance of the annual public service labor obligation inurgent cases.

Article 20. Acts of threatening or using violence against law enforcement officers but notreaching the level of criminal prosecution; verbal or behavioral insults orinsults directed at law enforcement officers shall be handled according to pointa, b clause 2; point c clause 3 Article 5 Decree No. 49/CP dated August 15, 1996on administrative penalties in the field of security and public order.

Article 21. Administrative penalty authority for acts violating public service laborobligations shall be implemented as follows:

1. The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the commune level, Labor Inspector currentlyperforming official duties has the right:

a) To impose a warning penalty;

b) To impose a fine up to VND 200,000.

2. The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the district level, Head of the LaborInspectorate at the provincial level has the right:

a) To impose a warning penalty;

b) To impose a fine up to VND 10,000,000.

Article 22. Procedures for imposing administrative penalties for acts violating publicservicelabor obligations shall be carried out in accordance with the provisions of theAdministrative Penalty Law.

Article 23. The form of payment of fines and receipts for collecting fines shall becarriedout in accordance with the provisions of the law on handling administrativeviolations.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."Any person authorized to impose administrative penalties for acts violatingpublic service labor obligations who shields, tolerates individuals ororganizations committing violations, fails to impose penalties or imposespenalties untimely, improperly, or beyond their authority; or persons withoutsuch authority who arbitrarily impose penalties shall be subject to disciplinaryaction or criminal liability, if material damage is caused, they must providecompensation in accordance with the law, depending on the degree and nature ofthe violation.

Article 25. Organizations or individuals subject to administrative penalties under thisDecreeor their lawful representatives have the right to appeal the penalty decisionto the immediate superior of the person issuing the penalty decision.

Rights and obligations of the appellant and the respondent, appeal procedures;authority to resolve appeals against decisions on administrative penalties foracts violating public service labor obligations shall be carried out inaccordance with the provisions of the law on appeals and complaints.

 

Chapter VI

IMPLEMENTING PROVISIONS

Article 26This Decree takes effect fifteen days after the date of signature.

Article 27. This Decree replaces Decree No. 56/HĐBT dated May 30, 1989 of the Council ofMinisters (now the Government).

Previous provisions contrary to this Decree are abolished.

Article 28. The Minister of Labor, Invalids and Social Affairs and the Ministers of relatedministries are responsible for guiding the implementation of this Decree.

Article 29The Ministers, Heads of ministerial-level agencies, Heads of agencies under theGovernment, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.