Circular 24/2022/TT-BLDTBXH allowance in kind for laborers working in dangerous, hazardous conditions

CIRCULAR

Prescribing the allowance in kind for laborers working in dangerous and hazardous conditions

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Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs hereby promulgates the Circular prescribing the allowance in kind for laborers working in dangerous and hazardous conditions.

Article 1. Scope of regulation

Circular prescribes the conditions, levels and principles for organization of the allowance in kind for laborers working in dangerous and hazardous conditions.

Article 2. Subjects of application

1. Laborers defined in Clauses 1, 2 and 4 Article 2 of the Law on Occupational Safety and Health.

2. Employers defined in Clause 2 Article 3 of the Labor Code.

3. Other agencies, organizations and individuals involved in the implementation of the allowance in kind.

Article 3. Conditions for receiving the allowance in kind

Laborers shall be entitled to the allowance in kind when fully satisfying the following conditions:

1. Performing occupations or jobs on the list of particularly heavy, hazardous or dangerous occupations and jobs or the list of heavy, hazardous or dangerous occupations and jobs promulgated by the Minister of Labor, Invalids and Social Affairs.

2. Currently working in a labor environment in which at least one of the two following elements exits:

a) Dangerous or hazardous elements which fail to satisfy permissible hygiene standards and regulations as prescribed by the Ministry of Health.

b) Being in contact with at least one element which is scored 4 points or higher, in the group “In contact with sources of infectious diseases under the Law on Prevention and Control of Infectious Diseases” (No. 10.1 Section A of Appendix I to Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021, of the Minister of Labor, Invalids and Social Affairs, providing criteria for labor classification based on working conditions).

The determination of elements specified in Clause 2 of this Article must be conducted by an organization fully satisfying the conditions for the working environment monitoring as prescribed by laws.

Article 4. Allowance levels

1. Allowances in kind shall be rationed on a daily basis and of monetary value at the following levels:

a) Level 1: VND 13,000;

b) Level 2: VND 20,000;

c) Level 3: VND 26,000;

d) Level 4: VND 32,000.

2. For laborers fully satisfying the conditions specified in Article 3 of this Circular, the specific allowance level for each occupation or job is defined in Appendix I to this Circular and applied for the corresponding working time. To be specific:

a) If a laborer works for 50% or more of the normal working hours in a workday, he/she may enjoy the whole allowance ration;

b) If a laborer works for under 50% of the normal working hours in a workday, he/she may enjoy half of the allowance ration;

c) In case a laborer works overtime, the ration of the allowance in kind may increase in proportion to overtime hours according to the above principle.

Article 5. Principles of provision of the allowance in kind

1. The allowance in kind is provided during a work shift or a workday, ensuring convenience, hygiene and food safety. In case the allowance cannot be provided to all laborers at the same workplace due to unstable organization of labor, or laborers perform itinerary jobs at different places or jobs requiring few laborers, employers shall provide the allowance in kind to laborers for use under regulations. In this case, employers shall make a list of allowance recipients with their signatures, and regularly inspect the use of the allowance by laborers.

2. The allowance must neither be provided in cash nor paid as salary (not even in the salary unit price) instead of physical things.

3. Employers are encouraged to consider and decide on the provision of the allowance in kind at level 1 (VND 13,000) for laborers not doing occupations and jobs in the list of particularly heavy, hazardous or dangerous occupations and jobs, or the list of heavy, hazardous or dangerous occupations and jobs promulgated by the Minister of Labor, Invalids and Social Affairs, but currently working in a labor condition in which at least one of the dangerous or hazardous elements exists as prescribed in Clause 2 Article 3 of this Circular.

4. Expenses for the allowance in kind must be accounted as regular operation expenses or production and business expenses as prescribed by laws.

Article 6. Responsibilities of employers

1. To apply technical measures and furnish more labor safety and sanitation devices in order to improve working conditions. When unable to remove all dangerous or hazardous elements from the labor environment, employers shall provide the allowance in kind to laborers in order to prevent diseases and ensure their health.

2. Based on the results of evaluating the conditions under Article 3 of this Circular, to determine the in-kind allowance level for each specific occupation or job in accordance with the provisions provided in Appendix I to this Circular.

For occupations or jobs to be performed in complicated working conditions, making it impossible to promptly determine levels of the allowance in kind as specified in Appendix I to this Circular, employers shall enumerate occupational titles or jobs for which the allowance in kind is needed, then propose them to ministries, sectors or provincial-level People’s Committees for summarization and submission of opinions to the Ministry of Labor, Invalids and Social Affairs for consideration and decision on allowance levels.

3. When applying measures to improve working conditions, or when working conditions change, to adjust allowance levels in compliance with Article 4 of this Circular based on new results of the labor conditions in accordance with Articles 3 and 4 of this Circular. To regularly communicate the purpose and significance of the allowance in kind and the contents of this Circular to their laborers.

4. To direct their units’ health divisions or consult nutrition experts in formulating the structure of the allowance in kind at different levels suitable to the detoxification and enhancement of body resistance as well as suitable to each position or job and the laborers’ health.

5. To strictly implement the allowance in kind to laborers in a sufficient and proper manner under this Circular.

Article 7. Responsibilities of ministries, sectors and localities

1. To guide enterprises, agencies and organizations under their management in implementing this Circular.

2. To enumerate occupations and jobs for which the allowance in kind needs to be provided at the request of enterprises, agencies and organizations under their management and submit application dossiers to the Ministry of Labor, Invalids and Social Affairs for consideration and decision. Such dossier comprises the following documents:

a) Lists of occupations and jobs of their sectors or localities for which the allowance in kind must be provided, made according to the form provided in Appendix II to this Circular.

b) Data for measurement and evaluation of dangerous and hazardous elements which are used as a basis for deciding the in-kind allowance levels.

3. To organize, examine and inspect the implementation of this Circular in units and enterprises in their localities according to their assigned functions and vested powers.

Article 8. Effect

1. This Circular takes effect from March 01, 2023.

2. Circular No. 25/2013/TT-BLDTBXH dated October 18, 2013, of the Ministry of Labor, Invalids and Social Affairs, guiding the implementation of the allowance in kind for laborers working in dangerous or hazardous conditions ceases to be effective on the effective date of this Circular.

3. Persons in the people’s armed forces shall be entitled to the allowance in kind as same as that applicable to the laborers specified in this Circular, unless otherwise specified by specific legal documents.

4. Any problems arising in the course of implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement./.

APPENDIX I

LIST OF LEVELS OF ALLOWANCE IN KIND ACCORDING TO CHARACTERISTICS OF WORKING CONDITIONS

(Attached to Circular No. 24/2022/TT-BLDTBXH dated November 30, 2022, of the Minister of Labor, Invalids and Social Affairs)

* Other Appendices are not translated herein.