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MINISTRY OF
HEALTH - MINISTRY OF LABOR; WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No:
28/2013/TTLT-BYT-BLĐTBXH
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Hanoi, September
27, 2013
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JOINT CIRCULAR
ON
RATINGS OF IMPAIRMENTS CAUSED BY INJURIES, ILLNESS, DISABILITY AND OCCUPATIONAL
DISEASES
Pursuant to the Labor Code No. 10/2012/QH13
dated June 18, 2012;
Pursuant to the Law on Social insurance No.
71/2006/QH11 dated June 29, 2006;
Pursuant to the Ordinance on preferential
treatment for revolutionary activists No. 26/2005/PL-UBTVQH11 dated June 29,
2005 and the Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012 providing
amendments to it;
Pursuant to the Decree No. 45/2013/NĐ-CP dated
May 10, 2013 by the Government detailing a number of articles of the Labor Code
on working hours, resting hours, labor safety and labor hygiene;
Pursuant to the Decree No. 31/2013/NĐ-CP dated
April 09, 2013 by the Government providing guidance on a number of articles of
the Ordinance on preferential treatment for revolutionary activists;
Pursuant to the Decree No. 63/2012/NĐ-CP dated
August 31, 2012 on defining the functions, tasks, powers and organizational
structure of the Ministry of Health;
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At the request of Head of the Department of
medical examination and treatment, Head of the Legal Department affiliated to
the Ministry of Health and Head of the Department of labor safety, Department
of National Devotees, Head of the Legal Department affiliated to the Ministry
of Labor, War Invalids and Social Affairs;
The Minister of Health and the Minister of
Labor, War Invalids and Social Affairs promulgate the Joint Circular on ratings
of impairments caused by injuries, illness, disability and occupational
diseases.
Article 1. Assessment of the
impairment ratings
1. Tables of impairment ratings (IR) used for
medical assessment examination, forensic medicine examination and forensic
psychiatric medicine assessment are enclosed herewith: Table No. 1: Ratings of
impairments caused by injuries; Table No. 2: Ratings of impairments caused by
illness and disability; Table No. 3: Ratings of impairments caused by
occupational diseases.
2. IRs in this Circular are used for rating
reduction in work capacity, physical injuries, disabilities, diseases and
losing health.
Article 2. Principle for the
calculation of IR
1. The whole person impairment (WPI) of a person
shall not exceed 100%.
2. Each impairment can only be counted once.
Example: Mr. Nguyen Van A suffered from complete
damage to the ulnar nerve which leads to muscle atrophy in his right hand, the
WPI of Mr. Nguyen Van A is only calculated according to the rating of
impairment caused by the ulnar nerve damage (31-35%). In this case, muscle
atrophy in his right hand should not be taken into account since it is the result
of the above-mentioned ulnar nerve damage.
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Example: Mr. Nguyen Van B was diagnosed with
unstable schizophrenia whose side effects consist of hallucinogen and muscular
dystrophy. The WPI is calculated according to the IR caused by unstable
schizophrenia (51-55%); it is not permitted to determine the WPI by combining
the IR of hallucinogens or muscular dystrophy.
4. If a person is found to have one (1) impairment,
the WPI shall equal the upper limit of that IR.
Example: Mr. Nguyen Van C lost 1/3 of his right
arm, as stipulated in Table 1, Article 1 of this Circular, the IR is 61-65% so
his WPI will be 65%.
5. When calculate the WPI, only the upper limit of
the IR shall be taken into account, from the second IR one onwards, only the
lower limit of the second IR shall be considered, in descending order.
6. IR is an integer. When calculating the IR, only
use one digit after decimal point. If the decimal digit is 5 or higher, round
the number to one unit.
Article 3. Method of
determining the POBD
1. WPI shall be calculated as follows:
WPI = IR1 + IR2 + IR3 +…+ IRn
Where:
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IR2: The second IR; IR2 = (100 – IR1) x the lower
limit of the second IR/100%
IR3: The third IR; T3 = (100–IR1-IR2) x the lower
limit of the third IR/100%
IRn: The n IR; IRn = {100–IR1-IR2-IR3-…-IR(n-1)} x
the lower limit of the n IR/100%
2. Example: Mr. Nguyen Van D suffers from 3
impairments:
- Loss of 1/3 of middle right arm, the IR is
61-65%.
- Hearing loss level I, the IR is 21-25%
- Left eye blindness without enucleation, the IR is
41%
Applying the above method, the WPI of Mr. Nguyen
Van D is calculated as follows:
IR1 = 65%,
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IR3 = (100 –
65-14.0) x 21/100% = 4.41%, rounded to 4.0%
The WPI of Mr. Nguyen Van D is 65% + 14.0% + 4% =
83%
The WPI of Mr. Nguyen Van D is 83%
Article 4. Transitional
provision
In cases the person who undergo a relapse
evaluation or re-evaluation of impairments and the IR calculated according to
this Circular is lower than the IR concluded according to the provisions of the
law on IR caused by injuries, illnesses or disabilities before the effective
date of this Circular, the latter shall apply.
Article 5. Effect
1. This Circular takes effect on November 15, 2013.
2. Joint Circular No. 12-TTLB dated July 26, 1995
prescribed by the Ministry of Health - Ministry of Labor, War Invalids and
Social Affairs on standards for impairments and diseases cease to be effective
from the effective day of this Circular. Annul the table of loss of work
capacity rate caused by occupational diseases issued together with the
following circulars: Joint Circular No. 29/TT-LB dated December 25, 1991
prescribed by the Ministry of Health, the Ministry of Labor, War Invalids and
Social Affairs; Vietnam General Confederation of Labor on adding a number of
occupational diseases; Joint Circular No. 08/TTLB dated May 19, 1976 prescribed
by the Ministry of Health, the Ministry of Labor, War Invalids and Social
Affairs and the Vietnam General Confederation of Labor on stipulating a number
of occupational diseases and preferential treatment for state employees;
Decision No. 27/2006/QD-BYT dated 21 September 2006 prescribed by the Minister
of Health on the addition of four occupational diseases to the List of
occupational diseases covered by insurance; Decision No. 167/1997/QD-BYT dated
February 4, 1997 prescribed by the Health Minister on promulgating the addition
of five occupational diseases to the list of occupational diseases covered by
insurance.
Article 6. Implementation
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2. Department of Occupational Safety and Health,
Department of National Devotees, Ministry of Labor, War Invalids and Social
Affairs shall direct, inspect and urge the implementation of this Circular.
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Health and the Ministry
of Labor, War Invalids and Social Affairs for consideration and resolution./.
PP. MINISTER OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER
Bui Hong Linh
PP. MINISTER OF
THE MINISTRY OF HEALTH
DEPUTY MINISTER
Nguyen Viet Tien