|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
81/2000/ND-CP
|
Hanoi,
December 29, 2000
|
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF THE ORDINANCE ON
PUBLIC-LABOR OBLIGATION
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the September 3, 1999 Ordinance on Public-Labor Obligation;
Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative
Violations;
At the proposal of the Ministry of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
ANNUAL PUBLIC-LABOR
OBLIGATION
Article 1.- The duty to
perform the annual public-labor obligation under Article 7 of the Ordinance on
Public-Labor Obligation is prescribed as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- The number
of annual public-labor obligation workdays under Article 8 of the Ordinance on
Public-Labor Obligation is prescribed as follows:
1. The number of the annual public-labor
obligation workdays is 10 days for every citizen. Where the work site is far
away from the obligation- performing place prescribed in Article 1 of this
Decree and conditions do not permit daily traveling, the time for one round
trip may be included in the number of the annual public-labor obligation
workdays;
2. The public-labor obligation workdays of a
year shall be only mobilized and used in such year. Particularly for the
public-labor fund in cash, if it is not used up in the year, it may be carried
forward to the subsequent year.
Article 3.- The jobs to
be performed with the annual public labor under Article 9 of the Ordinance on
Public-Labor Obligation shall include:
1. Building and renovation of roads in villages
or hamlets, roads leading to rice fields, paths in residential quarters, and
roads under the management of the commune, district and provincial levels;
2. Building and renovation of inter-rice field
irrigation networks and irrigation works under the management of the commune,
district and provincial levels (except dykes and embankments);
3. Building and renovation of health stations,
crèches, kindergarten schools and classes, general education schools;
4. Building and renovation of fallen heroes’
cemeteries and monuments, steles for inscription of fallen heroes’ names;
5. Building and renovation of public-utility
facilities of social nature such as historical relics, cultural relics, and
recreation and entertainment, sport and physical training works not for
commercial purposes.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Officers and men of the people’s army and the
people’s police.
2. Defense workers and employees, workers and
employees of the people’s police working in border communes and districts,
deep-lying areas and islands; in communes, districts and provinces recognized
as mountainous and highland ones; defense workers and employees of itinerant
professional repair teams;
3. Demobilized armymen who are currently
registered as first-grade reserves;
4. War invalids, sick soldiers and those who are
enjoying preferential policies like war invalids;
5. Parents and spouses of fallen heroes, those
who had brought up fallen heroes;
6. Career religious dignitaries as prescribed by
the Government’s Religion Committee;
7. Persons who suffer from mental illnesses,
epilepsy or physical defects who are certified as having lost their working
capacity by specialized doctors of hospitals of rural or urban districts,
provincial cities (hereinafter collectively called district level), hospitals
of provinces and centrally-run cities (hereinafter collectively called
provincial level), central hospitals or branches’ hospitals;
8. Those who suffer a loss of 21% or higher of
their working capacity.
Article 5.- Those who
are temporarily exempt from the annual public-labor obligation under Article 11
of the Ordinance on Public-Labor Obligation shall include:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Parents and spouses of armymen in active
service, whose families are actually facing difficulties as certified by the
People’s Committees of communes, wards or townships (hereinafter collectively
called commune level);
3. Pregnant women, women being on leaves due to
miscarriages, stillbirths, post-natal death of newborns, or women who are
nursing their under-36 month children;
4. Widowed or divorced husbands who are personally
nursing their under-36 month children;
5. Those who are personally rearing or serving
seriously wounded or sick soldiers or disabled persons who suffer a loss of 81%
or higher of their working capacity, at infirmaries. Where the subjects specified
in this Clause are living with their families, one of their families’ members
shall enjoy temporary exemption;
6. Persons who are participating in the key
militia or self-dense forces prescribed in the Ordinance on Militia and
Self-defense Force;
7. State officials and employees mobilized to
work for a definite term in communes, districts or provinces recognized as
mountainous or highland ones; in border communes or districts; islands or
deep-lying areas;
8. Young volunteers who are performing tasks
assigned by competent State bodies;
9. Persons who are the only bread earners in
their families and personally rearing other persons who have lost their working
capacity or not yet reached the working age;
10. Members of households certified by the
commune-level People’s Committees as hungry households according to the
standards set by the Ministry of Labor, War Invalids and Social Affairs;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
12. Doctoral students, master’s students,
practicing students, students and trainees enrolled in full-time long-term
courses at universities, academies, colleges, professional intermediate schools
and vocational schools belonging to the national education system, training
schools of different religious sects, general education pupils, literacy
teachers and learners;
13. Those who are working, studying or laboring
abroad.
Article 6.- Forms of
annual public-labor obligation performance under Article 15 of the Ordinance on
Public-Labor Obligation are prescribed as follows:
Any person who is mobilized to perform the
annual public-labor obligation but does not personally render his/her labor
must get his/her obligation performed by another person or pay a sum of money therefor.
Where a person with the labor obligation wishes to perform his/her obligation
by paying money or getting it performed by another person, he/she shall have to
report such to the People’s Committee of the commune where he/she is expected
to perform the obligation as prescribed in Article 1 of this Decree at least 3
days before the date of performing the obligation.
For the days of performing the annual
public-labor obligation by paying money or getting it performed by another
person, if the persons with the obligation are salaried employees, they may
take an unpaid leave but the leave time shall be decided by the heads of their
agencies or units or by the their employers.
The amount of money paid for each workday and
the conditions required for persons who perform the obligation on other
persons’ behalf shall comply with the provisions in Article 15 of the Ordinance
on Public-Labor Obligation.
Article 7.- The annual
public-labor workday funds prescribed in Article 17 of the Ordinance on
Public-Labor Obligation shall be used concretely as follows:
1. The provincial-level administrations may use
a maximum of 10% of their respective public-labor workday fund. The specific
levels shall be decided by the provincial-level People’s Councils for use as:
a/ Support for the building and renovation of
the provinces’ key public-utility works which are managed by the district
level;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Contributions to the building and renovation
of public-utility works under the provincial-level management.
2. The district-level administrations may use a
maximum of 20% of their respective public-labor workday funds. The specific
levels shall be decided by the district-level People’s Councils for use as:
a/ Support for the building and renovation of
the districts’ key public-utility works which are managed by the commune level;
b/ Support for the building and renovation of
public-utility works of communes facing many difficulties;
c/ Contribution to the building and renovation
of public-utility works under the district-level management.
In special cases where a public-labor workday
fund needs to be supplemented, they must make a plan thereon and propose it to
the provincial-level administrations for consideration and decision.
3. The commune-level administrations may use the
remainder of their public-labor workday funds, after subtracting the
proportions reserved for the provincial level and the district level, for:
a/ Building and renovating the public-utility
works of villages, hamlets, street population groups or equivalent units;
b/ Making contributions to the building and
renovation of public-utility works managed by the commune level.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The People’s Committees of various levels may
use their respective public-labor workday funds in cash to pay for different
entitlements enjoyed by those who render their labor to perform the annual
public-labor obligation as prescribed in Chapter IV of the Ordinance on
Public-Labor Obligation as well as the entitlements enjoyed by labor accident
victims as prescribed in Article 12 of this Decree.
Article 8.- The
management and use of the public-labor workday funds under Article 18 of the
Ordinance on Public-Labor Obligation are prescribed as follows:
The management of the public-labor workday funds
shall comply with the Regulation on management and use of the public-labor
workday funds issued by the Ministry of Finance.
The funding for the mobilization organization as
well as the management of the annual public-labor workday funds, which covers
expenses for management, propaganda, professional fostering, preliminary and
sum-up reviews, rewards and other directly related expenses, shall be allocated
from the local budgets according to the provisions of the State Budget Law.
Chapter II
THE PUBLIC-LABOR
OBLIGATION IN EMERGENCY CASES
Article 9.- Emergency
cases where public labor may be mobilized under Article 23 of the Ordinance on
Public-Labor Obligation are prescribed as follows:
Emergency cases where public labor may be
mobilized are unexpected circumstances which need to be promptly dealt with in
service of the prevention, fight or overcoming of consequences caused by
storms, floods, earthquakes, epidemics, fires and other emergency cases caused
by natural calamities.
Article 10.- The
competence to issue decisions to mobilize the obligatory public labor in
emergency cases shall comply with the provisions in Article 24 of the Ordinance
on Public-Labor Obligation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 11.- The
duration of public-labor mobilization in emergency cases under Article 25 of
the Ordinance on Public-Labor Obligation is prescribed as follows:
The duration of each public-labor mobilization
in emergency cases shall not exceed 5 workdays, including the traveling time.
In special cases, for those who have to work for more than 8 hours a day, the
extra-time hours shall be converted into workdays for incorporation into the
work volume such persons have done to perform their obligation.
If, upon the expiry of the duration of each
emergency mobilization, the work has not yet finished, another force must be
mobilized to replace the current force, it is forbidden to prolong the duration
of each mobilization, except cases of citizens’ voluntariness.
Chapter III
REGIMES FOR PERSONS WHO
GET LABOR ACCIDENTS WHILE PERFORMING THE PUBLIC-LABOR OBLIGATION
Article 12.- Regimes for
persons who get labor accidents while performing the public-labor obligation
under Article 28 of the Ordinance on the Public-Labor Obligation are prescribed
as follows:
1. Persons who perform the public-labor
obligation and get labor accidents in the following cases shall be entitled to
the labor incident regimes:
a/ Getting accidents while performing jobs
specified in Article 9 and Article 23 of the Ordinance on Public-Labor
Obligation assigned by the persons competent to manage and use public labor;
b/ Getting accidents en route while traveling
between the residential place to the working place to perform the public-labor
obligation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Provide first-aid treatment on the spot, then
immediately transfer the victim(s) to a medical establishment;
b/ Make a written record fully describing the
accident, the victim’s injury, the extent of damage, the accident’s cause,
affixed with the signatures of the representative of the work-constructing unit
or the local administration of the commune where the accident occurs and the
representative of the collective of the public-labor obligation performers at
the work site. Where an accident occurs en route, such a record must be affixed
with the stamp and signature of the police or the representative of the
administration of the commune where the accident occurs;
c/ Where a labor accident causes death to or
inflicts serious injuries on many persons, the scene of the labor accident must
be kept intact and the accident must be immediately reported to the labor
safety State inspectorate and the local police for investigation according to
the provisions of the Labor Code and documents guiding the investigation of
labor accidents.
3. Those who get labor accidents while
performing the public-labor obligation shall enjoy the following regimes:
a/ Receiving payment for medical expenses
incurring during the first-aid and emergency treatment till the time when their
injuries become stable and they are discharged from hospital;
b/ After being hospitalized, be recommended by
the labor agency for evaluation of their working capacity at the Medical
Evaluation Council according to the regulations of the Ministry of Health.
For those who have not yet participated in
social insurance and suffer from a 10% or higher decrease in their working
capacity, they shall enjoy a lump-sum allowance. The allowance amount for
persons suffering from a 10% decrease in their working capacity shall be equal
to two months’ minimum salary; if they suffer from a decrease of over 10% in
their working capacity, for every extra 1% they shall enjoy an additional half
of the minimum monthly salary. If they suffer from an 81% or higher decrease in
their working capacity, apart from the lump-sum allowance, they shall also
enjoy the regular allowance regime as prescribed in the Government’s Decree No.
07/2000/ND-CP of March 9, 2000.
For those who have participated in social
insurance, they shall enjoy a lump-sum or monthly allowance as prescribed in
the Social Insurance Charter issued together with the Government’s Decree No.
12/CP of January 26, 1995.
c/ Labor accident victims who have lost one or
several bodily parts or functions, demonstrated in different forms of disability,
thus reducing their mobility and causing difficulties to their labor, daily
life and study, shall enjoy preferential treatment regimes as prescribed by law
for the disabled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 13.- The
funding to cover various regimes for labor accident victims prescribed at
Points a, b and d, Clause 3, Article 12 of this Decree shall be effected as
follows:
1. Where labor accidents occur while the victims
are performing the annual public-labor obligation, the funding shall be
allocated from the work-managing level’s public-labor sources in cash, if such
sources are not enough, the deficit shall be offset with the local budget of
the same level;
2. Where labor accidents occur while the victims
are performing the public-labor obligation in emergency cases, the funding
shall be allocated from the budget of the level that has issued mobilization
decisions; particularly for emergency cases due to storms and floods, the storm
and flood prevention and fight fund shall be used.
3. For those victims who have participated in
social insurance, the death regime and the lump-sum or monthly allowance regime
shall be paid with the social insurance fund.
Chapter IV
RESPONSIBILITIES OF THE
MINISTRIES AND THE PEOPLE’S COMMITTEES OF DIFFERENT LEVELS
Article 14.-
Responsibilities of the ministries, the ministerial-level agencies, the
agencies attached to the Government under Article 33 of the Ordinance on
Public-Labor Obligation are prescribed as follows:
1. The Ministry of Labor, War Invalids and
Social Affairs shall have to:
a/ Elaborate and submit to the competent bodies
for promulgation or promulgate by itself legal documents on public labor;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Inspect, supervise and direct the local
administration of different levels to inspect and supervise the observance of
the public-labor legislation.
2. The Ministry of Finance shall have to:
a/ Promulgate the Regulation on the management
and use of the public-labor workday funds;
b/ Direct the issuance and management of money
receipts prescribed in Article 15 of the Ordinance on Public-Labor Obligation;
c/ Guide, supervise and inspect the management
and use of the public-labor workday funds in localities.
3. The Ministry of Health shall have to guide,
direct, inspect and supervise the organization of medical examination and
treatment, and first aid for labor accident victims at works allowed to use
public labor.
4. The Government’s Religion Committee shall
have to specify career religious dignitaries who are exempt from the annual
public-labor obligation.
Article 15.-
Responsibilities of the People’s Committees of different levels under Article
36 of the Ordinance on Public-Labor Obligation are prescribed as follows:
1. To work out plans on the use of the
public-labor workday funds of their own levels and submit them to the People’s
Council of the same level for decision;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. To open books for closely monitoring and
managing the public-labor workday funds in their respective localities and the
fund’s portion that each level is allowed to use;
4. To observe the regulations on the management
of the annual public-labor workday funds;
5. To direct project and work owners under their
management to use the annual public labor, ensuring the close management and
effective use of the public-labor workday funds and the timely materialization
of all regimes for laborers;
6. To issue, according to their competence,
decisions to mobilize the obligatory public labor if emergency cases occur in
their respective localities, use it for the right purposes and materialize in
time all regimes for laborers;
7. To inspect and supervise the situation on the
performance of the public-labor obligation in their respective localities. To
commend and reward in time units and individuals that have well fulfilled the
obligation, strictly handle violations in the course of performance;
8. To report the results of each mobilization of
the obligatory public labor in emergency cases to the immediate superior
bodies. Annually, to report the results of the public-labor obligation
performance to the People’s Council of the same level and the immediate
superior People’s Committee according to schedule set by the provincial-level
People’s Committees; The provincial-level People’s Committees shall make sum-up
reports and send them to the Government through the Ministry of Labor, War
Invalids and Social Affairs in January of the subsequent year.
Chapter V
SANCTIONING OF
ADMINISTRATIVE VIOLATIONS OF THE PUBLIC-LABOR OBLIGATION
Article 16.- The
sanctioning of administrative violations prescribed in Chapter V of this Decree
shall apply to individuals and organizations that violate the legislation on
public-labor obligation but not so seriously enough to be examined for penal
liability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 18.- The
principles of sanctioning, the statute of limitations of sanctioning,
extenuating circumstances, aggravating circumstances and the time limit for
being considered as not having ever been sanctioned for administrative
violations of the public-labor obligation shall comply with the provisions of
the legislation on sanctioning of administrative violations.
Article 19.- Acts of
violation, the sanctioning forms and fine levels are prescribed as follows:
1. Warning shall apply to acts of failing to
correctly abide by mobilization decisions regarding the time to perform the
annual public-labor obligation in the form of paying money therefor.
2. A fine of between VND 30,000 and VND 70,000
shall be imposed for one of the following acts:
a/ Failing to fulfill the number of the annual
obligatory public-labor workdays without plausible reasons;
b/ Abandoning the assigned tasks without
permission before the expiry of the time limit for performance of the
public-labor obligation in emergency cases.
c/ Making false declarations so as to be
temporarily exempt from the annual public-labor obligation;
d/ Failing to keep to the time to perform the
annual public-labor obligation in the form of paying money as indicated in the
second notice. Repeated violations shall be handled as prescribed for acts
committed in aggravating circumstances;
3. A fine of between VND 70,000 and VND 100,000
shall be imposed for acts of shirking the performance of annual public-labor
obligation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Making false declarations so as to be exempt
from the annual public-labor obligation;
b/ Shirking the performance of annual
public-labor obligation in emergency cases.
Article 20.- Acts of
threatening or resorting to violence to resist people on official duty, which
are not so serious enough to be examined for penal liability, words and acts of
reviling and hurting the honor of people on official duty, shall be handled
according to the provisions at Points a and b, Clause 2; Point c, Clause 3,
Article 5 of Decree No. 49/CP of August 15, 1996 on the sanctioning of
administrative violations in the field of security and order.
Article 21.- The
competence to sanction administrative violations of the public-labor obligation
shall be as follows:
1. The presidents of the commune-level People’s
Committees, specialized labor inspectors on official duty shall be entitled to:
a/ Serve warnings;
b/ Impose fines of up to VND 200,000.
2. The presidents of the district-level People’s
Committees, labor chief inspectors of the provincial/municipal departmental
level shall be entitled to:
a/ Serve warnings;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 22.- The
procedures for sanctioning administrative violations of the public-labor
obligation shall comply with the provisions of the Ordinance on Sanctioning
Administrative Violations.
Article 23.- The method
of fine payment and fine receipts shall comply with the provisions of the
legislation on the handling of administrative violations.
Article 24.- Persons
who are competent to sanction administrative violations of the publi- labor
obligation but cover up, tolerate violating individuals, organizations, fail to
impose sanctions or impose untimely or improper sanctions; impose sanctions
ultra vires; and persons who have no sanctioning competence but arbitrarily
impose sanctions, shall, depending on the seriousness and nature of their
violations, be disciplined or examined for penal liability, and, if causing
material damage, they shall have to make compensation therefor according to law
provisions.
Article 25.-
Organizations, individuals that are sanctioned for administrative violations
according to the provisions of this Decree or their lawful representatives may
lodge complaints about sanctioning decisions with the immediate superior
authorities of the issuers of such sanctioning decisions.
The rights and obligations of the complainant
and the complained, the complaining procedures, the competence to settle
complaints about decisions to sanction administrative violations of the
public-labor obligation shall comply with the provisions of the legislation on
complaints and denunciations.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 26.- This
Decree takes effect 15 days after its signing.
Article 27.- This
Decree replaces Decree No. 56/NDBT of May 30, 1989 of the Council of Ministers
(now the Government).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 28.- The
Minister of Labor, War Invalids and Social Affairs and the concerned ministers
shall have to guide the implementation of this Decree.
Article 29.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai