Joint circular No. 13/2012/TTLT-BLDTBXH-BYT of May 30, 2012, guiding the implementation of the regime of allowances in kind to employees exposed to dangerous and hazardous working conditions

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

1. This Circular guides the implementation of the regime of allowances in kind to employees exposed to dangerous and hazardous working conditions in agencies, enterprises and establishments employing labor that operate in Vietnamese territory.

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;

- Level 2: 15,000 dong;

- 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.

4. The expenses for the allowances in kind shall be accounted in the regular operation cost, the product cost or business cost of establishments employing labor and shall be sensible expenses for tax calculating, paying enterprise income tax of  establishments employing labor under current provisions of laws on enterprise income tax. For objects that are pupils and students on practice, job training and apprenticeship, such expenditures shall be covered by the agency that manages these pupils and students.

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 environmentmeasuring and examiningunit, 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.

2. To synthesize trades, jobs need apply the regime of allowances in kind based on suggestions of units and enterprises under their managerial and send to the Ministry of Labor, War Invalids and Social Affairs and Ministry of Public Health for consideration and decision, including:

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.

Article 8. Article of execution

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

ANNEX 1

THE TABLE DETERMINATING LEVELS OF ALLOWANCES IN KIND UNDER CHARACTERISTICS OF WORKING CONDITIONS

(Together with the Joint Circular No.13/2012/TTLT-BLDTBXH-BYT of May 30, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Public Health)