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THE MINISTRY OF
LABOR, WARD INVALIDS AND SOCIAL AFFAIRS – THE MINISTRY OF PUBLIC SECURITY –
THE MINISTRY OF FINANCE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
52/2015/TTLT-BLDTBXH-BCA-BTC
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Hanoi, December
10, 2015
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JOINT CIRCULAR
PROVIDING
GUIDANCE ON THE BENEFITS POLICY FOR FIREFIGHTERS ASSIGNED OR MOBILISED TO
DIRECTLY OR INDIRECTLY PERFORM FIGHTFIGHTING TASKS, AND OFFICERS OR MEMBERS OF
NEIGHBORHOOD-PROTECTING TEAMS, INTRAMURAL AND SECTORAL FIREFIGHTING TEAMS, WHO
PARTICIPATE IN FIRE DRILLS OR FIRE TRAINING COURSES
Pursuant to the Government's Decree No.
106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and
organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to the Government's Decree No.
106/2014/ND-CP dated November 17, 2014, defining the functions, tasks, powers
and organizational structure of the Ministry of Public Security;
Pursuant to the
Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the
functions, tasks, entitlements and organizational structure of the Ministry of
Finance;
Pursuant to the Government's Decree No.
79/2014/ND-CP dated July 31, 2014 specifying implementation of certain articles
of the Law on Fire Prevention and Firefighting, and the Law on Revision of
certain articles thereof;
The Minister of Labor, War Invalids and Social
Affairs, the Minister of Public Security and the Minister of Finance hereby
introduce the Joint Circular providing guidance on the benefits policy for
firefighters assigned or mobilised to directly or indirectly perform
firefighting tasks, and officers or members of neighborhood-protecting teams,
intramural and sectoral firefighting teams, who participate in fire drills or
fire training courses.
Chapter I
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Article 1. Scope
This Joint Circular provides guidance on
regulations applied to payment of medical examination, treatment costs and
benefits; assessment of eligibility to be entitled to war disablement or
similar pensions; assessment of eligibility to be recognized as a deceased
revolutionary soldier who is dead while on duty as a firefighter assigned or
mobilised to directly or indirectly perform his/her firefighting tasks; payment
of wages or salaries, bonuses, allowances and social security benefits or
covers to an officer or member of a neighborhood-protecting team, intramural or
sectoral firefighting team who is injured or dead whilst participating in a
fire drill or fire training course, as prescribed by Point d, dd, e Clause 1, 4
and 5 Article 35 of the Government's Decree No. 79/2014/ND-CP dated July 31,
2014 specifying implementation of certain articles of the Law on Fire Prevention
and Firefighting, and the Law on Revision of certain articles thereof (hereinafter
referred to as Decree No. 79/2014/ND-CP).
Article 2. Scope
1. Firefighters assigned or mobilised to directly
or indirectly perform firefighting tasks in accordance with laws on fire
prevention and firefighting.
2. Officers or members of neighborhood-protecting
teams, intramural and sectoral firefighting teams.
3. Persons empowered to assign or mobilise
firefighters to directly or indirectly perform firefighting tasks.
4. Persons empowered to assign or mobilise officers
or members of neighborhood-protecting teams, intramural and sectoral
firefighting teams to participate in fire drills or fire training courses.
5. Entities assuming responsibility for directly
managing firefighters assigned or mobilised to directly or indirectly perform
firefighting tasks, and officers or members of neighborhood-protecting teams,
intramural and sectoral firefighting teams (hereinafter referred to as host
entity).
6. Other entities or individuals involved in
implementation of regulations set forth in this Joint Circular.
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BENEFITS POLICY FOR
FIREFIGHTERS WHO ARE INJURED OR DEAD WHILE BEING ASSIGNED OR MOBILISED TO
DIRECTLY OR INDIRECTLY PERFORM FIREFIGHTING TASKS
Article 3. Benefits policy for
firefighters who are injured while being assigned or mobilised to directly or
indirectly perform firefighting tasks
1. Payment of medical examination and treatment
costs
a) Those who have participated in health insurance,
if injured, shall be entitled to payment of medical examination and treatment
costs made by the social security agency in accordance with laws on health
insurance; shall be reimbursed by their host entities for co-payments and other
medical costs which are not included in the list of costs covered by health
insurance;
b) Those who have not participated in health
insurance, if injured, shall be reimbursed by their host entities for all of
the medical examination and treatment costs.
2. Benefits
a) Those who have participated in social insurance,
if injured, shall be entitled to payments of benefits made by the social
security agency on either one-time basis or monthly basis which vary depending
on their assessed level of work incapacity and total number of social insurance
contribution years as provided by laws on social security.
b) Those who have not participated in compulsory
social insurance, those who are currently paid monthly retirement or social
security benefits, and those who have already received one-time payment of
social security benefits, shall be entitled to either one-time benefit payments
made by their host entities (exclusive of benefit amounts paid on the basis of
the number of social insurance contribution years) if they are subject to 5 - 30%
of work incapacity, or monthly benefit payments made by their host entities
(exclusive of benefit amounts paid on the basis of the number of social
insurance contribution years) if they are subject to 31% or higher percentage
of work incapacity.
The amount of benefit payment is equal to the
amount of one-time benefit payment or the amount of monthly benefit payment to
employees who are subject to work incapacity as prescribed by laws on social
security.
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1. Those who have participated in social insurance,
those who receive retirement pensions or social insurance benefits on a monthly
basis, whether dead while directly or indirectly performing firefighting tasks,
or dead during the period of initial treatment due to accidents occurring
during direct or indirect involvement in firefighting services, shall be
entitled to monthly or one-time death benefit payments made by the social
security agency; entities or individuals providing funeral services shall be
entitled to funeral benefit payments in accordance with laws on social
security.
2. Those who have not participated in social insurance,
those who have already received one-time payments of social security benefits,
whether dead while directly or indirectly performing firefighting tasks, or
dead during the period of initial treatment due to accidents occurring during
direct or indirect involvement in firefighting services, shall be entitled to
the following payments made by their host entities:
a) The amount of one-time death benefit payments
which is 36 times higher than the base pay or monthly death benefit payments to
relatives of firefighters assigned or mobilised to directly or indirectly
perform firefighting tasks.
Eligibility requirements for one-time death benefit
payments, and eligibility requirements and amounts of monthly death benefit
payments, shall be subject to laws and regulations on social security applied
to participants in compulsory social insurance;
b) Funeral benefit payments to entities or
individuals providing funeral and burial services, and amounts of funeral and
burial benefit payments, shall be 10 times higher than the base pay;
c) The base pay referred to in Point a, b Clause 2
of this Article is the base pay in the month when firefighters assigned or
mobilised to directly or indirectly perform firefighting tasks are dead.
Article 5. Assessment of eligibility
to be entitled to war disablement or similar pensions
1. Firefighters directly or indirectly performing
firefighting tasks, if injured and eligible for being certified as war invalids
or persons entitled to benefits the same as those granted to war invalids, as
provided by Clause 1 Article 17 of the Government's Decree No. 31/2013/ND-CP
dated April 9, 2013 specifying and guiding implementation of certain articles
of the Ordinance on Preferential Treatment Policy for persons rendering
meritorious revolutionary services, shall be entitled to war disablement or
similar benefits granted by regulatory authorities.
2. Their host entities shall be responsible for
preparing application and completing application procedures for war invalidity
or similar benefits paid to firefighters who are injured due to being assigned
or mobilised to directly or indirectly perform firefighting tasks.
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Article 6. Assessment of
eligibility to be recognized as deceased revolutionary soldiers
1. Firefighters directly or indirectly performing
firefighting tasks, if deceased and eligible for being recognized as deceased
revolutionary soldiers, as provided by Clause 1 Article 17 of the Government's
Decree No. 31/2013/ND-CP dated April 9, 2013 specifying and guiding
implementation of certain articles of the Ordinance on Preferential Treatment
Policy, shall be considered or recognized as deceased revolutionary soldiers by
regulatory authorities.
2. Their host entities shall be responsible for
preparing application and completing application procedures for grant of
recognition of deceased revolutionary soldiers to firefighters who are dead due
to being assigned or mobilised to directly or indirectly perform firefighting
tasks.
Document requirements and procedures for
application for recognition of deceased revolutionary soldiers shall be subject
to laws on the preferential treatment policy for persons rendering meritorious
revolutionary services.
Chapter III
BENEFIT POLICY FOR
OFFICERS OR MEMBERS OF NEIGHBORHOOD-PROTECTING TEAMS, INTRAMURAL AND SECTORAL
FIREFIGHTING TEAMS WHO PARTICIPATE IN FIRE DRILLS OR FIRE TRAINING COURSES
Article 7. Benefits paid during
the duration of participation in fire drills or fire training courses
Officers or members of neighborhood-protecting
teams shall be entitled to the amount of one-time benefit payments paid by
their host entities which is 1.5 times higher than their base pay calculated
for one day of participation in fire drills or fire training courses.
The daily base pay is calculated as the monthly
base pay stipulated by the Government divided by 22 days.
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Officers or members of intramural and sectoral
firefighting teams shall be paid wages or bonuses by their host entities during
the duration of their participation in fire drills or fire training courses,
subject to the following provisions:
1. Wages (including wage amounts, allowances and
other supplementary amounts, if any) paid during the duration of participation
in fire drills or fire training courses. Wages used as the basis for
calculation of amounts of payments for their time spent on participating in
fire drills or fire training courses shall be subject to legislative
regulations on wage or salary and statutes of salary or wage payment of host
entities.
2. The amount of bonus payment paid during the
duration of participation in fire drills or fire training courses shall be 0.5
times as much as the amount of wage payment.
The daily wage amount used as the basis for
calculating such amount of bonus payment shall be determined as follows:
a) As for host entities complying with the pay
scheme regulated by the State, such amount is calculated as the current factor
of wage or allowance (if any) in the salary scale or payroll issued together
with the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004 on the
pay scheme applied to officers, public servants or employees and armed forces
multiplied by the base wage amount divided by 22 days;
b) As for host entities complying with the pay
scheme decided by employers, such amount is calculated as the daily wage amount
currently paid to employees in accordance with labor laws on salary and wage.
Article 9. Benefits policy for
officers or members of neighborhood-protecting teams, intramural and sectoral
firefighting teams who suffer accidents during the period of participation in
fire drills or fire training courses
1. Participants in compulsory social insurance, if
they have accidents or suffer from harm to their health when participating in
fire drills or fire training courses, shall be entitled to occupational
accident benefit payments made by the social security agency in accordance with
laws on social security.
2. Those who have yet to participate in compulsory
social insurance or are currently paid retirement pensions or monthly social
security benefit payments, or those who have already received one-time social
security benefit payments, if being injured due to participation in fire drills
or fire training courses, shall be paid the following benefits by their host
entities:
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b) One-time benefit payments, which vary depending
on level of work incapacity, to those subject to 5 – 30% of work
incapacity. The benefit amount is calculated as follows: in the
case of 5% of work incapacity, such amount is 05 times as much as the base pay
amount. In the case of additional 1% of work incapacity, payment of such amount
is equal to the initial amount plus the amount which is 0.5 times as much as
the base pay amount;
c) Monthly benefit payments, which vary depending
on level of work incapacity, to those subject to more than 31% of work
incapacity. The benefit amount is calculated as follows: in the
case of 31% of work incapacity, such amount is 30% times as much as the base
pay amount. In the case of additional 1% of work incapacity, payment of such
amount is equal to the initial amount plus the amount which is 2% of the base
pay amount;
d) Provision of support equipment for daily life
activities, or orthopaedic instruments on yearly basis, depending on
seriousness levels of injury or disability;
dd) Service benefit payments which are equal to the
base pay amounts to those who are subject to at least 81% of work incapacity,
suffer rachioplegia, one or two-eye vision impairment, or two-limb amputation
or impairment, or mental illnesses;
e) 5 – 10 days off for health rehabilitation and
recovery granted to those who have experienced complete treatment of their
injuries or disabilities, but have yet to fully recover their
health. The daily benefit payment is calculated as 25%
of the base pay amount if they rest for health recovery and rehabilitation at
home; equal to 40% of the base pay amount if they rest for health recovery and
rehabilitation at healthcare service establishments.
3. The duration of
such benefit payments referred to in Point b, c and dd of this Article shall
begin from the month in which accident sufferers have already undergone medical
treatment processes and are discharged from healthcare service establishments.
In the event that disabilities or injuries recur and after re-assessment of
level of work incapacity occurs, the new duration calculated for benefit
payments shall begin from the month in which the conclusion of the Medical
Examination Council is obtained.
Article 10. Benefit policy for
officers or members of neighborhood-protecting teams, intramural and sectoral
firefighting teams who are dead during the period of participation in fire
drills or fire training courses
1. With regard to those who have participated in
social insurance, those who currently receive retirement pensions or social
insurance benefits on a monthly basis, whether dead while participating in fire
drills or fire training courses, or dead during the period of initial treatment
due to accidents occurring during the period of participation in fire drills or
fire training courses, their relatives shall be entitled to monthly or one-time
death benefit payments paid by the social security agency; entities or
individuals providing funeral and burial services shall be entitled to funeral
and burial benefit payments in accordance with laws on social security.
2. Those who have not participated in social
insurance, those who have already received one-time payments of social security
benefits, whether dead while participating in fire drills or fire training
courses, or dead during the period of initial treatment due to accidents
occurring during the duration of participation in fire drills or fire training
courses, shall be entitled to the following payments made by their host
entities:
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b) One-time death benefit payment, monthly death
benefit payment or funeral and burial benefit payment, referred to in Clause 2
Article 4 hereof.
Chapter IV
FUND FOR PAYMENT OF
THESE BENEFITS
Article 11. Funds derived from
the health insurance and social security fund
1. The health insurance fund shall be responsible
for paying medical examination or treatment costs in accordance with laws on
social security as referred to in Point a Clause 1 Article 3 hereof.
2. The social security fund shall be responsible
for paying benefits referred to in Point a Clause 2 Article 3, Clause 1 Article
4, Clause 1 Article 9 and Clause 1 Article 10 hereof.
Article 12. Funds derived from
the state budget
The central budget shall provide appropriations
included in the annual estimate for the Ministry of Labor, War Invalids and
Social Affairs to pay benefits to firefighters assigned or mobilised to
directly or indirectly perform firefighting tasks if they are injured or dead
and meet eligibility requirements for war disablement or similar benefits as
referred to in Article 5, or are recognized as deceased revolutionary soldiers
as referred to in Article 6 hereof.
Estimation of, compliance with and settlement of
statutory funds shall be subject to laws and regulations on the state budget
that govern persons rendering meritorious revolutionary services.
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1. Host entities shall pay benefits stipulated by
this Joint Circular, including:
a) Co-payment or other costs which are not included
in the list of costs covered by health insurance as provided by Clause 1
Article 3; medical examination and treatment costs referred to in Point b
Clause 1 Article 3;
b) Benefits referred to in Point b Clause 2 Article
3; Clause 2 Article 4; Article 7;
c) Salaries and bonuses referred to in Article 8
hereof;
d) Benefits referred to in Clause 2 Article 9;
Clause 2 Article 10.
2. As for host entities of which operating expenses
are covered by the state budget, payments for benefits referred to in Clause 1
of this Article shall be covered by the state budget according to assigned
amounts included in the annual estimate of each host entity. Estimation of,
compliance with and settlement of statutory funds shall be subject to laws and
regulations on the state budget.
3. As for host entities of which operating expenses
are not covered by the state budget, payments for benefits referred to in
Clause 1 of this Article shall be recorded as reasonable costs thereof.
Chapter V
IMPLEMENTATION
PROVISIONS
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1. This Joint Circular shall enter into force from
January 28, 2016.
2. Benefits stipulated by Clause 1 Article 3, Article
4, Article 7 and Article 8; regulations on assessment of work incapacity, rest
for health recovery or rehabilitation of officers or members of
neighborhood-protecting teams, intramural and sectoral firefighting teams
during the period of participation in fire drills or fire training courses
under the provisions of Article 9, Article 10 hereof shall be applied from the
date of entry into force of the Decree No. 79/2014/ND-CP.
Article 15. Implementation
responsibility
1. Persons having authority over assignment or
mobilization shall be responsible for reporting, investigating and making
statistics of accidents, giving certification in case of accidents, injuries or
deaths; collaborating with host entities and relevant agencies in preparing
application and completing application procedures for benefits granted to
firefighters assigned or mobilised to directly or indirectly perform
firefighting tasks, officers or members of neighborhood-protecting teams,
intramural and sectoral firefighting teams participating in fire drills or fire
training courses under the provisions of this Joint Circular.
2. Host entities shall undertake and collaborate
with entities or individuals concerned in preparation of application for
benefits; assurance of adequacy of funds and payment of benefits within their
jurisdiction.
3. The Vietnam Social Security shall guide host and
other entities and individuals concerned to prepare application, implement
processes and procedures for benefits; pay benefits within the delegated authority
thereof in accordance with provisions laid down herein.
In the course of implementation of this Joint
Circular, it is recommended that entities and individuals must send feedbacks
to the Ministry of Labor, War Invalids and Social Affairs, the Ministry of
Public Security and the Ministry of Finance for any amendment to or timely
guidance on this Joint Circular./.
PP. THE
MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan
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PP. THE
MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER
Pham Minh Huan