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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS - THE MINISTRY OF PUBLIC
HEALTH
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
13/2012/TTLT-BLDTBXH-BYT
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Hanoi, May 30, 2012
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JOINT CIRCULAR
GUIDING
THE IMPLEMENTATION OF THE REGIME OF ALLOWANCES IN KIND TO EMPLOYEES EXPOSED TO
DANGEROUS AND HAZARDOUS WORKING CONDITIONS
Pursuant to
Article 104 of the Labor Code, of June 23, 1994; Law amending and supplementing
a number of article of the 2002 Labor Law in 2002;
Pursuant to the
Government’s Decree No.06/CP, of January 20, 1995 providing in details a number of articles of Labor Code relating to labor safety and
hygiene; the Government’s Decree No.110/2002/ND-CP of December 27, 2002
amending and supplementing a number of articles of the Decree No. 06/CP;
Pursuant to the
Government’s Decree No.186/2007/ND-CP of December 25, 2007, 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.188/2007/ND-CP of December 27, 2007, defining the
functions, tasks, powers and organizational structure of the Ministry of Public
Health and the Government’s Decree No. 22/2010/ND-CP of
March 09, 2010, amending and supplementing article 3 of the Government’s Decree
No.188/2007/ND-CP of December 27, 2007;
The Joint of
Labor, War invalids and Social affairs Ministry and Public Ministry of Public Health guiding the implementation organization of
the regime of allowances in kind to employees exposed to dangerous and
hazardous working conditions, as follow:
Article 1.
Subjects and scope of application
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2. This Circular
applies to: civil servants; public employees; laborers; pupils, students on
practice, apprenticeship or job training (hereinafter referred referred
to as laborers), work in agencies, enterprises and establishments
employing labor that operate in Vietnamese territory including even cipher
officers ; except for laborers working in trades which they enjoy regime of quantitative feeding promulgated together
with the Decision No.234/2005/QD-TTg, of September 26, 2005 of the Prime
Minister on the specific
regime for workers, officers, public employees of some trades in state companies and the Decision No.72/2008/QD-TTg, of May 30,
2008 of the Prime Minister on amending and supplementing a number of articles
of the Decision No.234/2005/QD-TTg
Article 2.
Conditions of being enjoyed the regime of allowances in kind and levels of allowances
1. Laborers are
enjoyed the regime of allowances in kind when they have enough the following
conditions:
a) Working in
trades and jobs under the list of the specially heavy, noxious and hazardous,
or heavy, noxious and hazardous trades and jobs stipulated by the Ministry of
Labor, War invalids and Social affairs
b) Working in the
working environment having at least one of the hazardous and noxious elements
and fails to meet the allowed hygienic norms set by the Ministry of Public
Health or contacting directly with sources of infection.
Determining
elements stipulated in point b, clause 1 this article must be executed by units
that are eligible for working environment measuring and examining as prescribed
in the Circular No.19/2011/TT-BYT of June 06, 2011, of the Ministry of Public
Health, on guiding the management of labor hygiene, laborers’ health and
occupational diseases (hereinafter referred to as working environment measuring
and examining units).
2. Levels of
allowances:
a) The allowances in
kind are made per capita and valued in money corresponding to the following
levels:
- Level 1: 10,000 dong;
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- Level 3: 20,000 dong;
- Level 4: 25,000 dong.
b) Determining levels of allowances in kind based on characteristics of labor
conditions shall be executed as prescribed in the Annex 1
promulgated together with this Circular.
Article 3.
Principles of allowance organization
1. Organization of
allowances in kind must be executed during the work shift or working day,
ensure convenience and hygiene.
2. Don’t permit to
pay in cash; don’t permit to include in the wage unit price.
If, due to the
still unstable organization of labor (example: such as roving work, scattered
work or work with a small labor force), it is impossible to organize collective
on-site allowance, the employer must supply food in kind to the laborers who
have the duty to organize themselves the food allowance as prescribed. … In
this case the employer must make the list of issuance, with laborers'
signatures for receipt; regularly inspect the implementation by the laborers;
annual synthesize and report to the local Labor, War Invalids and Social
Affairs Service.
3. Laborers, who work in an environment involving hazardous and noxious elements
for 50% and more of the standard time of the working day, shall enjoy the full
allowance ration. If they work for 50% and less of the standard time of the
working day, they shall enjoy half of the allowance ration.
In case of
overtime work, the regime of allowance in kind shall increase proportionally to
the overtime hours.
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Article 4.
Responsibility of the labor employers
1. Applying
technical measures, strengthening equipments of labor safety and labor hygiene
to improve labor conditions; when the hazardous and
noxious elements cannot be overcome completely, must organize allowances in
kind for laborers to prevent from diseases and ensure health of laborers.
2. Organization of
annual working environment measurements. Basing on result of annual measurements of the working environment by
working environment measuring and examining unit, comparing to
norms of working environment, applying levels of allowances in kind in
correspondence with each particular trades, jobs as prescribed in Annex 1
promulgated together with this Circular.
For trades, jobs
with complex working condition for which can not determine immediately the
levels of allowances in kind as prescribed in Annex 1
promulgated together with this Circular, the employer must synthesize trades
and jobs being suggested to having allowances in kind to send
to Ministres, branches or People’s
Committee of centrally-affiliated cities and provinces that manage direct (hereinafter referred to as authority in charge) to synthesize and have
opinion for the Ministry of Labor, War Invalids and Social
Affairs in sponsoring and coordinating with the Ministry of Public Health to consider and make decision
3. Popularizing
the aim and significance of the regime of allowances in kind and popularizing the content of this Circular and the regulations of their establishments on the implementation of this regime down to each
laborer.
4. Directing the
basing health body to make the composition of kind used as allowances in
conformity with the detoxification and body resistance in correspondence with the levels of allowance.
5. Organization of
allowances in kind in order to ensure that the laborers are entitled to enjoy the allowance regime adequately and in conformity with the
regime as prescribed in this Circular.
Article 5.
Responsibility of the ministries, branches and localities
1. To organize the
guidance for the implementation of the stipulations in this Circular to each
unit and enterprise under their managerial.
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b) An integrated
list of the trades and jobs in the branches and localities where allowances in
kind should apply under form prescribed in Annex 2 promulgated together with
this Circular;
b) Results of the
annual measurements of the working environment involving hazardous and noxious
elements at the working places of the working environment measuring and
examining unit. For the trades and jobs in direct contact
with the sources of infection as stipulated in point b, clause 1, article 2 of
this Circular, there is no need to attach the results of the measurements of
the working environment.
3. To organize the
implementation, inspection and supervision of the implementation of this
Circular down to each unit and enterprise located in the localities according
to their functions and competence.
Article 6. Transition
article
Agreements of
allowances in kind with regard to the trades and jobs which have been agreed
upon by the Ministry of Labor, War Invalids and Social Affairs and authorities in charge
as stipulated in the Joint Circular No.10/1999/TTLT-BLDTBXH-BYT of march 17,
1999 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry
of Public Health, shall be implemented as follows:
1. From July 15,
2012 until the end of December 31, 2012, implement according to the levels of
allowance prescribed in point a, clause 2, article 2 of this Circular.
2. From January 1,
2013, the levels of allowance in kind shall be determined as prescribed in
clause 2, article 4 of this Circular.
Article 7.
Reference article
In case documents
which are referenced in this Circular, replaced or admended, supplemented, the
replacing, amending and supplementing documents shall be applied.
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1. This Circular
takes effect from July 15, 2012.
2. Annulling the Joint Circulars: No.10/1999/TTLT/BLDTBXH-BYT of March 17,
1999, of Ministry of Labor, War invalids and Social
affairs and Ministry of Public Health, guiding the implementation of the regime
of allowances in kind for laborers working in hazardous and noxious conditions;
No.10/2006/TTLT-BLDTBXH-BYT of September 12, 2006, amending and supplementing
clause 2, item II of the Joint Circular
No.10/1999/TTLT-BLDTBXH-BYT dated 17/3/1999 of Ministry of
Labor, War invalids and Social affairs and Ministry of
Public Health when this Circular takes effect.
Any problem
arising during the implementation of this Circular, agencies, organizations,
individuals shall be suggested to reply to Ministry of Labor, War
invalids and Social affairs and Ministry of
Public Health for study and settlement
FOR
THE MINISTER OF HEALTH
DEPUTY MINISTER
Nguyen Thanh Long
FOR
THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER
Bui Hong Linh
ANNEX 1
THE TABLE DETERMINATING LEVELS OF ALLOWANCES IN KIND
UNDER CHARACTERISTICS OF WORKING CONDITIONS
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No.
Working
conditions
Norm
of working environment
Level
of allowance
1
Type
IV
(Heavy,
noxious and hazardous jobs)
Having at least 01 noxious and
hazardous element, failing to meet the allowed hygienic norms.
Level
1
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Level
1
Having at least 02 noxious and
hazardous elements, failing to meet the allowed hygienic norms.
Level
2
Having at least 01 noxious and
hazardous elements, failing to meet the allowed hygienic norms and direct
contacting with sources of infection by micro-organisms causing diseases to
humans.
Level
2
2
Type
V
(Special
heavy, noxious and hazardous jobs)
Having at least 01 noxious and
hazardous element, failing to meet the allowed hygienic norms.
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Direct contacting with sources
of infection by micro-organisms causing diseases to humans.
Level
2
Having at least 02 noxious and
hazardous elements, failing to meet the allowed hygienic norms.
Level
3
Having at least 01 noxious and
hazardous elements, failing to meet the allowed hygienic norms and direct
contacting with sources of infection by micro-organisms causing diseases to
humans.
Level
3
3
Type
VI
(Special
heavy, noxious and hazardous jobs)
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Level
3
Direct contacting with sources
of infection by micro-organisms causing diseases to humans.
Level
3
Having at least 02 noxious and
hazardous elements, failing to meet the allowed hygienic norms.
Level
4
Having at least 01 noxious and
hazardous elements, failing to meet the allowed hygienic norms and direct
contacting with sources of infection by micro-organisms causing diseases to
humans.
Level
4