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MINISTRY OF
LABOR - WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
24/2022/TT-BLDTBXH
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Hanoi, November
30, 2022
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CIRCULAR
ON
PERQUISITES FOR EMPLOYEES WORKING IN DANGEROUS, HAZARDOUS CONDITIONS
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to Decree No. 62/2022/ND-CP dated
September 12, 2022 of the Government on functions, tasks, powers, and
organizational structures of Ministry of Labor - War Invalids and Social
Affairs;
At request of Director of Occupational Safety
Administration;
The Minister of Labor - War Invalids and Social
Affairs promulgates Circular on perquisites for employees working in dangerous,
hazardous conditions.
Article 1. Scope
This Circular prescribes eligibility, levels, and
rules for organizing perquisites for employees working in dangerous, hazardous
conditions.
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1. Employees as mentioned under Clauses 1, 2, and 4
Article 2 of the Law on Occupational Safety and Hygiene.
2. Employers as mentioned under Clause 2 Article 3
of the Labor Code.
3. Other agencies, organizations, and individuals
related to the set-up of perquisites.
Article 3. Eligibility for
perquisites
Employees shall be eligible for perquisites when
all requirements below are met:
1. The employees working in occupations and
professions named under lists of extremely arduous, hazardous and dangerous
occupations and professions and arduous, hazardous and dangerous occupations
and professions promulgated by the Minister of Labor - War Invalids and Social
Affairs.
2. The employees are working in environments where
at least 1 of the 2 factors below is present:
a) There is at least one dangerous or hazardous
factor that fails to meet permissible hygiene standards and regulations
according to the Ministry of Health.
b) The employees make contact with at least 1
factor which is given a score of 4 under the sub-heading titled “Contact with
sources of infectious diseases according to the Law on Prevention and Control
of Infectious Diseases” (number 10.1 of Section A, Appendix I attached to
Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of
Labor - War Invalids and Social Affairs).
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Article 4. Levels of
perquisites
1. Perquisites shall be calculated on the basis of
standard daily allowance and have monetary equivalent depending on the levels
below:
a) Level 1: 13.000 VND;
b) Level 2: 20.000 VND;
c) Level 3: 26.000 VND;
d) Level 4: 32.000 VND.
2. If employees meet all requirements under Article
3 hereof, specific perquisite levels for each profession and occupation are
prescribed under Appendix I attached hereto and vary depending on working hour
as follows:
a) If the employees’ working hour is 50% or more of
regular working hour in a working day, they are eligible for full perquisite
level;
b) If the employees’ working hour is less than 50%
of regular working hour in a working day, they are eligible for half perquisite
level;
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Article 5. Rules for organizing
perquisites
1. Perquisites must be organized within the working
shift or working day while adhering to food safety and hygiene and being
convenient. If the nature of the work requires employees to be mobile or
disperse or causes group perquisites to be unfeasible on the spot, employers
shall provide employees with the perquisites and allow employees to help themselves
as per the law. In this case, employers must produce records of recipients in
which employees sign and regularly inspect the use of perquisites of employees.
2. Perquisites must not be paid in form of money or
included in salaries (or included in piece rate) as a substitute.
3. Employers are encouraged to consider and adopt
level 1 perquisites (13.000 VND) for employees who are not working in
occupations and professions named under lists of extremely arduous, hazardous,
dangerous occupations and professions, arduous, hazardous, dangerous
occupations and professions prescribed by the Minister of Labor - War Invalids
and Social Affairs but are working in an environment where at least one of the
factors under Clause 2 Article 3 hereof is present.
4. Perquisite costs shall be recorded as recurrent
expenditure, business expenses as per the law.
Article 6. Responsibilities of
employers
1. Adopt technical solutions, improve occupational
safety and hygiene equipment in order to boost working conditions; organize
perquisites if dangerous and hazardous factors are not fully remediated.
2. Rely on evaluation results of conditions under
Article 3 hereof in order to determine matching perquisites levels for each
occupation and profession in accordance with Appendix I attached hereto.
With respect to occupations and professions with
complicated working conditions where perquisites levels cannot be immediately
determined in accordance with Appendix I attached hereto, employers must
consolidate all titles for which perquisites are requested and submit to
ministries or central departments or People’s Committees of provinces and
central-affiliated cities and Ministry of Labor - War Invalids and Social
Affairs.
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4. Order local medical department or consult
nutrition experts to develop compositions of perquisites in order to remove
toxin, boost resistance depending on perquisites levels and specific
occupation, profession, health of employees.
5. Strictly organize perquisites and ensure that
employees receive sufficient benefits in accordance with this Circular.
Article 7. Responsibilities of
ministries, central departments, and local governments
1. Provide guidance on implementation of this
Circular for enterprises, agencies, and organizations under their management.
2. Consolidate the list of occupations and
professions for which perquisites are requested by enterprises, agencies, and
organizations under their management and submit the request to Ministry of
Labor - War Invalids and Social Affairs. The request consists of:
a) Schedule consolidating all occupations and
professions for which perquisites are requested in the sector, provinces,
cities using form under Appendix II attached hereto.
b) Measurement and evaluation parameters of
dangerous factors and hazardous factors serving as the basis for determining
perquisites.
3. Organize, inspect, and investigate the
implementation of this Circular in local entities and enterprises within the
vested functions and powers.
Article 8. Entry into force
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2. Circular No. 25/2013/TT-BLDTBXH dated October
18, 2013 of the Minister of Labor - War Invalids and Social Affairs guiding the
implementation of perquisites for employees working in dangerous and hazardous
conditions expire from the effective date hereof.
3. Personnel affiliated to people’s armed forces
shall benefit from perquisites in the same manner as employees under this Circular
unless otherwise specified by legislative documents applying to these
personnel.
4. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry for
consideration./.
PP. MINISTER
DEPUTY MINISTER
Le Van Thanh
APPENDIX I
perquisites levels based on working conditions
(enclosed with Circular No. 24/2022/TT-BLDTBXH dated November 30, 2022 of the
Minister of Labor, Invalids and Social Affairs)
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Classification
of working conditions
Criteria
Perquisites
levels
1
Class
IV
(Arduous,
hazardous and dangerous occupations and professions)
There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health or there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
Level
1
There are at least 02 dangerous
or hazardous factors that fail to meet permissible hygiene standards and
regulations according to the Ministry of Health.
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There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health and there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
Level
2
2
Class
V
(Extremely
arduous, hazardous and dangerous occupations and professions)
There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health or there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
Level
2
There are at least 02 dangerous
or hazardous factors that fail to meet permissible hygiene standards and
regulations according to the Ministry of Health.
There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health and there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
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3
Class
VI
(Extremely
arduous, hazardous and dangerous occupations and professions)
There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health or there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
Level
3
The 02 following conditions are
met:
- There is at least one dangerous
or hazardous factor that fails to meet permissible hygiene standards and
regulations according to the Ministry of Health or there is at least one criterion
of working conditions under the number 10.1 of Section A, Appendix I attached
to Circular No. 29/2021/TT-BLDTBXH which is given a score of 4 or higher.
- There is at least one criterion
of working conditions under from the number 02 to the number 09 of Section A,
Appendix I of Circular No. 29/2021/TT-BLDTBXH which is given a score of 5 or
higher.
Level
4
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APPENDIX II
List of occupations and professions for which
perquisites are provided
(enclosed with Circular No. 24/2022/TT-BLDTBXH dated November 30,
2022 of the Minister of Labor, Invalids and Social Affairs)
Name of governing body
name of agency/organization
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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list of occupations and professions for which
perquisites are requested in ..(year)..
No.
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Result
of measuring dangerous factors and hazardous factors(2)
Measuring
agency(3)
Requested
perquisites level(4)
Note
1
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2
3
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4
5
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6
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…(location)…,
date….month…year…..
Head of unit
(signature and seal)
_____________________
Notes:
(1) Occupations/work
named in the list of extremely arduous, hazardous and dangerous occupations and
professions and arduous, hazardous and dangerous occupations and professions
promulgated by the Minister of Labor - War Invalids and Social Affairs.
(2) Specify measurements
and evaluating factors serving as the basis for determining perquisites
(according to Clause 2 Article 3 of this Circular).
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(4) Daily perquisites
level requested under Clause 1 Article 4 of this Circular.