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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
11/LDTBXH-TT
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Hanoi,
April 07, 1997
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CIRCULAR
GUIDING
THE SOCIAL INSURANCE REGIMES APPLICABLE TO PERSONS ENGAGED IN OCCUPATIONS OR
WORK LISTED AS EXTRA-HEAVY, -HARMFUL, -HAZARDOUS AND HEAVY, HARMFUL, HAZARDOUS
OCCUPATIONS OR WORK
Pursuant to the Regulation on
Social Insurance issued together with Decree No.12-CP of January 26, 1995 and the
Regulation on Social Insurance for Military Officers, Career Military
Personnel, Non-Commissioned Officers and Soldiers of the Peoples Army and the
Peoples Public Security issued together with Decree No.45-CP of July 15, 1995
of the Government;
Pursuant to Decisions No.1453/LDTBXH-TT of October 13, 1995, No.915/LDTBXH -TT
of July 30, 1996, No.1629/LDTBXH-TT of December 26, 1996, No.1085/LDTBXH-TT of
September 6, 1996 and No.44/LDTBXH-TT of January 29, 1997 of the Ministry of
Labor, War Invalids and Social Affairs issuing provisional lists of
extra-heavy, harmful, hazardous occupations and work and heavy, harmful,
hazardous occupations or work;
The Ministry of Labor, War Invalids and Social Affairs guides the application
of social insurance regimes for persons engaged in extra-heavy, -harmful,
-hazardous occupations or work and heavy, harmful, hazardous occupations or
work, as follows:
I. APPLICABLE SUBJECTS:
The applicable subjects are
persons who are actually engaged in extra-heavy, harmful, hazardous occupations
or work and heavy, harmful, hazardous occupations or work in the List of
Occupations set by the Ministry of Labor, War Invalids and Social Affairs and
who are subject to compulsory social insurance provided for in the following
documents:
- The Regulation on Social
Insurance issued together with Decree No.12-CP of January 26, 1995 of the
Government and Circular No.06/LDTBXH-TT of April 4, 1995 of the Ministry of
Labor, War Invalids and Social Affairs guiding the implementation of the
Regulation on Social Insurance;
- The Regulation on Social
Insurance for military officers, professional military personnel,
non-commissioned officers and soldiers of the Peoples Army and the Peoples
Police, issued together with Decree No.45-CP of July 15, 1995 of the Government
and inter-ministerial Circular No.29/LB-TT of November 2, 1995 of the Ministry
of Labor, War Invalids and Social Affairs, the Ministry of Defense and the
Ministry of the Interior guiding the implementation of the Regulation on Social
Insurance.
II. METHOD FOR CALCULATING
TIME OF BEING ENGAGED IN EXTRA-HEAVY, -HARMFUL, -HAZARDOUS CCUPATIONS OR WORK,
HEAVY, HARMFUL, HAZARDOUS OCCUPATIONS OR WORK SO AS TO ENJOY THE SOCIAL
INSURANCE
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On the basis of the occupations
or work included in the List issued together with the Decisions of the Ministry
of Labor, War Invalids and Social Affairs, the time calculation shall be
applied as follows:
a- The time a person has spent
on performing an occupation or a work of category V or category VI shall be
calculated as the time spent on performing extra-heavy, harmful, hazardous
occupations or work;
b- The time a person has spent
on performing an occupation or a work of category IV shall be calculated as the
time spent on performing a heavy, harmful, hazardous occupation or work;
2. Method of calculating time
for persons who have spent a period of time performing extra-heavy, harmful,
hazardous occupations or work and heavy, harmful, hazardous occupations or work
prior to the effective date of this Circular.
a/ For persons who have been
engaged in occupations or work which were formerly (prior to the effective date
of this Circular) put in category IV, and now remain in category IV under the
new List of Occupations, the time shall be calculated according to category IV
from the date they began performing such occupations or work.
For example:
A person has since 1960
performed an occupation which wad formerly in category IV and now remains in
category IV under the new List of Occupations; his/her time of being engaged in
the heavy, harmful, hazardous occupation shall be calculated from 1960 up to
now.
b/ For persons who have been in
occupations or work which were formerly in category V and are now in category V
or category VI under the new List of Occupations, their duration shall be
calculated according to category V or VI from the date they began performing
such occupations or work.
For example:
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c/ For a person who has been
engaged in the same occupation or work, which was formerly not categorized but
is now put in category IV or higher category, the time he/she has been engaged
in such occupation or work shall be calculated according to category IV or
higher category from the date he/she began performing such occupation or work.
For example:
A person who has since 1992
worked as a brick layer in Truong Sa (the Spratley archipelagos) and his/her
job was formerly not categorized, which is now put in category IV, his/her
duration of performing such occupation shall be calculated from 1992 up to now according
to category IV.
d/ For persons who have been
engaged in occupations or work which were in lower categories and now put in
higher categories under the new List of Occupations, their duration shall be
calculated according to the higher categories from the date began performing
such occupations or work.
For example:
A person has since 1972 been
engaged in installing and repairing underground communication cable, which was
formerly put in category IV but is now put in category V under Decision
No.1453/LDTBXH-QD of October 13, 1995, his/her time for performing such
occupation shall be calculated from 1972 up to now according to category V.
e/ For persons who have been
engaged in occupations or work which were formerly put in higher categories,
but are now in lower categories under the new List of Occupations, their
duration of being engaged in such occupations or work shall be calculated
according to the previous higher categories from the time they began performing
such occupations or work up to now and according to the new lower categories
from now on.
For example:
An armyman has since 1980 worked
as petroleum store-keeper. The period from 1980 up to now shall be calculated
according to category V under the provisions in the appendix attached to
inter-ministerial Circular No.313/TT-LB of March 3, 194 of the Ministry of
Defense, the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Finance. The period from now on shall be calculated according to
category IV under the List of Occupations issued together with Decision
No.1085/LDTBXH-QD of September 6, 1996 of the Ministry of Labor, War Invalids
and Social Affairs. The time calculation method applicable to such armymen is
as follows:
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- The period from now on shall
be calculated under category IV (heavy, harmful, hazardous occupations).
III. APPLICATION OF SOCIAL
INSURANCE REGIMES
For persons who are engaged in
extra-heavy, -harmful, -hazardous occupations or work and heavy, harmful,
hazardous occupations or work and are entitled to enjoy social insurance
regimes like other laborers; and at the same time are entitled to enjoy regimes
specified in the Regulation on Social Insurance issued together with Decree
No.12-CP of January 26, 1995 of the Government and Circular No.06/LDTBXH-TT of
April 4, 1995 of the Ministry of Labor, War Invalids and Social Affairs or the
Regulation on Social Insurance for Officers and Soldiers of the Peoples Army
and the Peoples Police, issued together with Decree No.45-CP of July 15, 1995
of the Government and inter-ministerial Circular No.29/LB-TT of November 2, 195
of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Defense
and the Ministry of the Interior.
IV. THE ORGANIZATION OF
IMPLEMENTATION
This Circular takes effect after
15 days from the date of its signing. The earlier stipulations contrary to this
Circular are now annulled.
For persons who have retired and
been entitled to social insurance regimes prior to the effective date of this
Circular, their working period shall not be re-calculated under this Circular.
If problems arise during the
course of implementation, they must be reported to the Ministry of Labor, War
Invalids and Social Affairs for consideration and solution.
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