Circular 28/2021/TT-BLDTBXH detailing Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases

CIRCULAR

Detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases

________________

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

Pursuant to the Government’s Decree No. 88/2020/ND-CP dated July 28, 2020 detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accidents and diseases insurance;

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 prescribing the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the request of the Director of the Bureau for Safe Work;

The Minister of Labor, Invalids and Social Affairs hereby issues the Circular detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides a number of articles of the Law on Occupational Safety and Health regarding the regimes for employees subject to occupational accidents and diseases under the employer’s charge and social insurance on occupational accidents and diseases.

Article 2. Subjects of application

1. The provisions on responsibilities of the employer for employees subject to occupational accidents and diseases in this Circular shall be applied to the subjects specified in Clauses 1, 2, 4 and 5, Article 2 of the Law on Occupational Safety and Health.

2. The provisions on social insurance regimes for employees subject to occupational accidents and diseases in this Circular shall be applied to the subjects specified in Article 2 of the Government's Decree No. 88/2020/ND-CP.

Chapter II

THE REGIMES FOR PERSONS SUBJECT TO OCCUPATIONAL ACCIDENTS AND DISEASES UNDER THE EMPLOYER’S CHARGE

Article 3. Compensation for occupational accidents and diseases

1. Compensation cases:

a) Employees suffer from occupational accidents which reduce their working capacity by 5% or more or die due to occupational accidents which are not entirely caused by the fault of the employees themselves; except for the cases specified in Clause 1, Article 4 of this Circular.

b) Employees suffer from occupational diseases which reduces their working capacity by 5% or more or die due to occupational diseases while working for the employer, or before retirement, before resignation, before moving to work for another employer (except for cases where the employees suffer from occupational diseases caused by doing jobs for the other employer).

2. Principles for compensation:

a) Compensation to employees subject to occupational accidents shall be settled on each individual case without accrual of previous cases;

b) Compensation per case to employees subject to occupational accidents shall be done as follows:

- For the first check-up, percentage of impaired work capability (proportion of bodily injury) shall be based on to determine the compensation;

- From the second and later check-ups, the increased percentage of impaired work capability shall be based on to determine the compensation for the difference in percentage of impaired work capability between current check-up and previous one.

3. Compensation level:

Compensation to persons subject to occupational accidents and diseases as defined in Points a, b, Clause 1 of this Article shall be calculated as follows:

a) At least equal to 30 months of the salary for employees losing work capability from 81% and over, or for the relatives of the employees who become fatal due to occupational accidents and diseases;

b) At least equal to 1.5 times of the salary for employees losing work capability from 5-10%; in cases where the work capability is impaired from 11% to 80%, for every 1% increase, 0.4 months' salary shall be added to the compensation in accordance with the formula below or in accordance with the table in Appendix I issued together with this Circular:

Tbt = 1.5 + {(a - 10) x 0.4}

Of which:

- Tbt: Compensation level for those who lose work capability from 11% and over (calculation unit: salary);

- 1.5: Compensation level for those losing work capability from 5% to 10%;

- a: The percentage of impaired work capability due to occupational accidents and diseases;

- 0.4: Coefficient of compensation when impairment of work capability increases by 1%;

Example 1:

- Mr. A suffers from an occupational disease and in the first check-up, the impairment of his work capability is determined as 15%. Therefore, the compensation level for this first check-up shall be calculated as follows:

Tbt = 1.5 + {(15 - 10) x 0.4} = 3.5 (salary).

- In the second check-up, the impairment of his work capability is determined as 35% (up 20% compared to the first check-up). The compensation level to Mr. A in the second check-up shall be calculated as follows:

Tbt = 20 x 0.4 = 8.0 (salary).

Article 4. Allowance for occupational accidents

1. Employees who suffer from occupational accident and lose work capability from 5% and over or relatives of employees who die due to occupational accidents shall be entitled to the allowance for occupational accident, if the occupational accident is entirely caused by such employee's own fault (based on the conclusion of the occupational accident investigation report).

2. Principles of the allowance: The allowance shall be provided on each individual case without accrual of previous cases.

3. Allowance level:

a) At least 12 months of the salary for employees losing work capability from 81% and over, or for relatives of the employees becoming fatal due to occupational accidents;

b) At least equal to 0.6 times of the salary for employees losing work capability from 5 to 10%; in case work capability is impaired from 11% to 80%, the allowance shall be calculated in accordance with the formula below or in accordance with the table in Appendix I issued together with this Circular

Ttc = Tbt x 0.4

Of which:

- Tbc: The allowance level for employees who lose work capability from 10% and over (calculation unit: salary);

- Tbt: The compensation level for those who lose work capability from 10% and over (calculation unit: salary);

Example 2:

- Mr. B suffers from an occupational accident for the first time caused by his violation of labor safety, not due to others’ fault. After medical examination, the impairment of his work capability caused by the accident is determined as 15%. The allowance level paid to Mr. B for the first time shall be: Ttc = Tbt x 0.4 = 3.5 x 0.4 =1.4 (salary).

- In the second time, Mr. B suffers from an accident when traveling from his working place to home and is identified as eligible for the allowance in accordance with regulations in Clause 1 of this Article. In this second medical examination, the impairment of his work capability is determined as 20%. The allowance level paid to Mr. B for the second time shall be:

Tbc = Tbt x 0.4 = 5.5 x 0.4 = 2.2 (salary).

Article 5. Salary as the basis for paying compensation and allowance for employees who resign due to occupational accidents and diseases

1. The salary serving as the basis for the calculation of compensation and allowance as specified in Article 3 and Article 4 of this Circular and the salary serving as the basis for employees who are subject to occupational accidents or diseases and have to stop working for treatment and rehabilitation as specified in Clause 3, Article 38 of the Law on Occupational Safety and Health shall be the average sum of the salary of six consecutive months before the occupational accident or disease takes place. If employees, apprentices or probationary staff’s working time is less than six months, the salary serving as the basis for the calculation of compensation, allowance shall be the average sum of the salary of consecutive months before the occupational accident or disease takes place.

2. The salary as defined in Clause 1 of this Article shall be determined specifically as follows:

a) For officials and civil servants, persons from the people’s armed units, the people’s public security, the monthly salary shall include the within-grade and position salary and allowances (if any) related to the salary (the position allowance, seniority allowance, excessive seniority allowance).

b) For employees working under an employment contract, the monthly salary shall be the salary level, allowance and other additional incomes agreed by both sides in the employment contract;

c) For apprentices who work for the employer with an apprenticeship salary, the monthly salary shall be the apprenticeship salary agreed upon by the two parties; In case there is no salary for such apprentices, the salary serving as the basis for compensation and allowance specified in Clause 1 of this Article shall be the minimum salary announced by the Government at the location where such apprentices work.

d) For civil servants and public employees during the probationary period, the monthly salary shall be the probationary salary in accordance with the decision of the competent agency.

dd) For employees who are on probation, the monthly salary shall be the probationary salary agreed upon by the two parties in accordance with the provisions of the applicable Labor Code.

Article 6. Dossiers for compensation and allowance

1. For employees eligible for compensation and allowance due to occupational accidents, the employer shall be responsible for preparing the dossiers which include the following documents:

a) Accident investigation report, minutes of meeting about announcement of the accident investigation report by the local, provincial-level or central accident investigation team.

b) Medical examination report (the document to the determine level of work capability impairment caused by the occupational accident or the rate of bodily injury due to occupational accident) or the death confirmation of such employees issued by the forensic science agency or the death confirmation of the Court in case of missing;

c) Decision on compensation and allowance for occupational accidents by the employer (in accordance with the form provided in the Appendix II issued together with this Circular).

d) Written confirmation of an accident on the way back and forth (if any), for the case specified at Point c, Clause 5, Article 35 of the Law on Occupational Safety and Health. The contents of the written confirmation shall be made in accordance with the form in Appendix IV issued together with this Circular.

2. For employees eligible for compensation regimes due to occupational diseases, the employer shall be responsible for preparing the dossiers which include the following documents:

              a) The employee’s records of occupational disease in accordance with the applicable law regulations;

b) The death confirmation issued by a forensic science agency which attributes the employee’s death to occupational diseases or the medical examination report (the document to determine level of work capability impairment caused by occupational diseases) and the conclusion by the competent Medical Examination Council;

c) The Decision on compensation for occupational diseases issued by the employer (using the form provided in the Appendix III issued together with this Circular).

3. The dossier shall be made into three sets, of which:

a) One set to be kept by the employer;

b) One set to be kept by the employee who is subject to occupational accident or disease (or relatives of the employee in cases where such employee is dead due to occupational accident or diseases).

c) One set to be sent to the Department of Labor, Invalids and Social Affairs of the locality where the enterprise, agency or organization is headquartered within 10 days since the decision on compensation for occupational accidents and diseases or on allowance for occupational accident is issued.

Article 7. Time limit for compensation and allowance

1. The Decision on compensation and allowance for employees subject to occupational accidents and diseases by the employer must be completed within 05 working days, from the date on which the medical examination report of the Medical Examination Council on the level of work capability impairment is received for severe occupational accidents or from the date on which the provincial-level or central occupational accident investigation team organizes the meeting to announce the occupational accident investigation minutes for cases of occupational accidents causing deaths.

2. Payment of compensation and allowance must be made once to the employees or their relatives within 05 days from the date on which the decision on is compensation or allowance is issued by the employer.

Article 8. Settlement of regimes for occupational accidents and diseases for special cases

1. For employees subject to occupational accidents and diseases who do not participate in health insurance, the employer shall pay all medical expenses from first aid and emergency treatment to stable treatment for them.

2. For employees subject to compulsory social insurance, if the employer does not pay social insurance premiums for them, the amount corresponding to the allowance payment regime specified in Clause 2 Article 42 of the Law on Occupational Safety and Health, which the employer must pay to employees suffering from occupational accidents or occupational diseases on behalf of the social insurance agency, shall be implemented as follows:

a) For employees who suffer from working capacity loss ranging from 5% to 30%, the employer shall make a one-time payment as the allowance for occupational accidents and diseases equal to the level specified in Clause 2, Article 48 of the Law on Occupational Safety and Health.

b) For employees who suffer from work capability loss ranging from 31% and over, employers shall make monthly payments as the allowance for occupational accidents and diseases equal to the level specified in Clause 2, Article 49 of the Law on Occupational Safety and Health. The payment may be made once or on a monthly basis depending on the agreement between the parties, in cases of failing to reach an agreement, the form of payment shall be made at the request of the employees.

3. For employees subject to compulsory social insurance participation who suffer from occupational accidents and diseases at the time of not registering for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund within the time limit prescribed by the law provisions, the employer shall be responsible for settling the rights of employees in accordance with Clause 4, Article 39 of the Law on Occupational Safety and Health and Clause 3 of this Article.

4. In cases where an employee suffers from an accident while commuting from his/her place of residence to the workplace or from the workplace to his/her place of residence within a reasonable time and route, right in the first month of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund or in the first month of return to work and resumes paying insurance premiums after an interrupted period due to termination of his/her labor contract, the employer must pay insurance premiums for him/her to the Occupational Accident and Disease Insurance Fund for that month.

5. For employees who have resigned from work or retired before the employer makes a dossier to settle the social insurance regime for occupational accidents during their working time, the employer shall send the dossier to social insurance agencies of localities where the employees are residing or where their pension is paid; in this case, the dossier does not include the social insurance book.

6. Employees not eligible for enjoying the occupational accident regime as prescribed at Point c, Clause 1, Article 40 of the Law on Occupational Safety and Health are the cases where the employees suffer from accidents caused due to the illegal use of narcotics or other addictive drugs specified in the List issued together with the Government’s Decree No. 73/2018/ND-CP dated May 15, 2018, on the lists of narcotic substances and precursors

7. In cases where an employee who concurrently signs labor contracts with more than one employer suffers from an occupational accident or disease, the unit which assigns tasks or jobs leading to his/her occupational accident or disease shall be responsible for making dossiers for and settling enjoyment of occupational accident and disease regimes for such employee.

8. In cases where an employee who concurrently signs labor contracts with more than one employer suffers from an accident on the way from the workplace of one employer to the workplace of another employer within a reasonable time and route, which is determined as an accident subject to occupational accident regimes, the unit where the employee comes to work shall be determined as the unit where the employee suffers from the accident and the employer of such unit shall be responsible for making dossiers for and settling enjoyment of occupational accident regimes for such employee.

Chapter III

SEVERAL SOCIAL INSURANCE REGIMES FOR PERSONS SUBJECT TO OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 9. Occupational accident and disease allowance for employees undergoing the first-time assessment of work capability impairment

1. The lump-sum occupational accident and disease allowance specified in Clause 2, Article 48 of the Law on Occupational Safety and Health shall be determined as follows:

= {5 x L_min + (m-5) x 0.5 x L_min} + {0.5 x L + (t-1) x 0.3 x L}

Of which:

- L_min: The basic salary at the time of allowance enjoyment.

- m: The impairment level of work capability due to occupational accidents and diseases (absolute number 5 ≤ m ≤ 30).

- L: The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP.

- t: The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 6, Article 11 of the Decree No. 88/2020/ND-CP.

Example 1: Mr. A, a civil servant, suffered from an occupational accident on June 16, 2020. After stabilizing his injury, he was discharged from the hospital on July 5, 2020. Upon an assessment, the impairment of his work capability due to occupational accidents was determined as 20%. Mr. A has made 10 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund; the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in May 2020 according to the salary regime prescribed by the State has the coefficient of 3.66. The basic salary in July, 2020 is VND 1,600,000, so the lump-sum occupational accident allowance for Mr. A shall be calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

5 x 1,600,000 + (20 - 5) x 0.5 x 1,600,000 = 20,000,000 (VND)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.5 x 3.66 x 1,600,000 + (10 - 1) x 0.3 x 3.66 x 1,600,000 = 18,739,200 (VND).

- The lump-sum allowance for Mr. A is:

20,000,000 + 18,739,200 = 38,739,200 (VND)

Example 2: Mr. B suffered from an occupational accident on May 12, 2020. After stabilizing his injury, he was discharged from the hospital on August 10, 2020. Upon an assessment, the impairment of his work capability due to occupational accidents was determined as 20%.

Mr. B started participating in social insurance from January 2019 and is entitled to the State’s salary regime. He has made 01 year and 4 months’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund; The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in April 2020 has the coefficient of 2.34. The basic salary in August 2020 is VND 1,600,000, so the lump-sum occupational accident allowance for Mr. B shall be calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

5 x 1,600,000 + (20 - 5) x 0.5 x 1,600,000 = 20,000,000 (VND)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is: 0.5 x 3,486,600 = 1,743,300 (VND)

(Mr B’s social insurance premium payment in April 2020 is: 2.34 x 1,490,000 = VND 3,486,600, the basic salary in April 2020 is VND 1,490,000).

- The lump-sum allowance for Mr. B is:

20,000,000 + 1,743,300 = 21,743,300 (VND)

Example 3: Mr. D suffered from an occupational accident in August 2016. After stabilizing his injury, the impairment of his work capability due to occupational accidents was determined as 20%. Mr. D has made 14 years’ payment of social insurance premiums (including 01 year’s payment of social insurance premiums in accordance with the Government’s Decree No. 09/ND-CP dated January 23, 1998, 02 years’ voluntary payment of social insurance premiums, 10 years’ compulsory payment of social insurance premiums for two pension and survivorship regimes, and 10 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund); the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in July 2016 is VND 3,200,000; the basic salary in the month of allowance enjoyment is VND 1,210,000 per month.

Mr. D shall be eligible for a lump-sum occupational accident allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

5 x 1,210,000 + (20- 5) x 0.5 x 1,210,000 = 15,125,000 (VND)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.5 x 3,200,000 + (10 - 1) x 0.3 x 3,200,000 = 10,240,000 (VND)

The lump-sum allowance for Mr. D is:

15,125,000 + 10,240,000 = 25,365,000 (VND).

Example 4: Mr. B has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at enterprise X from September 2020 and suffered from an occupational accident on September 16, 2020. After stabilizing his injury, he underwent an impairment assessment and the Medical Assessment Council gave a conclusion that the impairment of his work capability due to occupational accidents was 20%. The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in September 2020 is VND 5,000,000; the basic salary in the month of allowance enjoyment is VND 1,600,000 per month. Mr. B shall be eligible for a lump-sum occupational accident allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

5 x 1,600,000 + (20-5) x 0.5 x 1,600,000 = 20,000,000 (VND)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is: 0.5 x 5,000,000 = 2,500,000 (VND)

- The lump-sum allowance for Mr. B is:

20,000,000 + 2,500,000 = 22,500,000 (VND)

2. The monthly occupational accident and disease allowance specified in Clause 2, Article 49 of the Law on Occupational Safety and Health shall be determined as follows:

= {0.3 x L_min + (m - 31) x 0.02 x L_min} + {0.005 x L + (t - 1) x 0.003 x L}

Of which:

L_min: The basic salary at the time of allowance enjoyment.

- m: The impairment level of work in working capability due to occupational accidents and occupational diseases (absolute number 31 ≤ m ≤ 100).

- L: The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP.

- t: The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 6, Article 11 of the Decree No. 88/2020/ND-CP.

Example 5: Mr. E suffered from a traffic accident on the way to a meeting in August 2020. After stabilizing his injury, the impairment of his work capability due to occupational accidents was determined as 40%. Mr. E has made 12 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in July 2020 is VND 5,000,000. The basic salary in the month of allowance enjoyment is VND 1,600,000 per month. Mr. E shall be eligible for a monthly occupational accident allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

0.3 x 1,600,000 + (40 - 31) x 0.02 x 1,600,000 = 768,000 (VND/month)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.005 x 5,000,000 + (12 - 1) x 0.003 x 5,000,000 = 190,000 (VND/month)

- The monthly allowance for Mr. E is:

768,000 VND/month + 190,000 VND/month = 958,000 (VND/month).

Example 6: Mr. M has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at enterprise X from September 2020 and suffered from an occupational accident on September 5, 2020. After stabilizing his injury, he underwent an impairment assessment and the Medical Assessment Council gave a conclusion that the impairment of his work capability due to occupational accidents was 40%, the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in September 2020 is VND 5,000,000. The basic salary in the month of allowance enjoyment is VND 1,600,000 per month. Mr. M shall be eligible for a monthly occupational accident allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability is:

0.3 x 1,600,000 + (40 - 31) x 0.02 x 1,600,000 = 768,000 (VND/month)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is: 0.005 x 5,000,000 = 25,000 (VND/month)

- The monthly allowance for Mr. M is:

768,000 VND/month + 25,000 VND/month = 793,000 (VND/month)

Example 7: Mr. Q has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X from January 2015 to December 2017 with a salary of VND 17,000,000 per month. He has also made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise Z from January 2017 to December 2018 with a salary of VND 5,000,000 per month.

On January 9, 2017, Mr. Q suffered from an occupational accident. Thus, Enterprise Z still has to pay insurance premiums to the Occupational Accident and Disease Insurance Fund in January 2017 for Mr. Q, and the time period and salary as the basis for calculating the occupational accident allowance according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund for Mr. Q shall be determined as follows:

- The time period for calculation of Mr. Q’s occupational accident allowance shall be only from January 2015 to December 2016.

- The salary used as the basis for calculation of Mr. Q’s occupational accident allowance according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund shall be equal to:

+ The total salary of December 2016 at Enterprise X and the salary of January 2017 at Enterprise Z in the case where Mr. Q suffered from an occupational accident at Enterprise Z;

+ The salary of December 2016 at Enterprise X in the case where Mr. Q suffered from an occupational accident at Enterprise X.

Example 8: Mr. A has entered into a labor contract and applied for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X. Concurrently, Mr. A also has entered into a labor contract and applied for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise Y. In August 2020, on the way to a meeting as designated by Enterprise X, Mr. A had an accident. After stabilizing his injury, he underwent an impairment assessment which indicated that the impairment of his work capability was 40%. Mr. A has made 12 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund; the total salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X and Enterprise Y is VND 13,400,000. The basic salary in the first month of occupational accident allowance enjoyment is VND 1,600,000 per month. Mr. A shall be eligible for a monthly allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability = 0.3 x 1,600,000 + (40 - 31) x 0.02 x 1,600,000 = 768,000 (VND/month).

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund = 0.005 x 13,400,000 + (12 - 1) x 0.003 x 13,400,000 = 509,200 (VND/month).

- The monthly allowance is: 768,000 + 509,200 = 1,277,200 (VND/month).

Enterprise X shall be responsible for making a dossier and submitting it to the social insurance agency where he is making payment of social insurance premiums to settle the occupational accident regime for Mr. A.

Example 9: Mr. A has entered into labor contracts and applied for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at both Enterprise X and Enterprise Y from August 2020. On August 20, 2020, on the way to a meeting as designated by Enterprise X, Mr. A had a traffic accident. After stabilizing his injury, he underwent an impairment assessment which indicated that the impairment of his work capability was 40%.

Mr. A has made less than 01 year’s payment of insurance premiums to the Occupational Accident and Disease Insurance Fund; The total salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X and Enterprise Y is VND 13,400,000. It is assumed that the basic salary in the month of allowance enjoyment is VND 1,600,000 per month. Mr. A shall be eligible for a monthly allowance with the allowance calculated as follows:

- The allowance level calculated according to the impairment of work capability = 0.3 x 1,600,000 + (40 - 31) x 0.02 x 1,600,000 = 768,000 (VND/month).

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund = 0.005 x 13,400,000 = 67,000 (VND/month).

- The monthly allowance is: 768,000 VND/month + 67,000 VND/month = 835,000 (VND/month).

Enterprise X shall be responsible for making a dossier and submitting it to the social insurance agency where he is making payment of social insurance premiums to settle the occupational accident regime for Mr. A.

3. In cases where a person who is enjoying a monthly labor accident or occupational disease allowance intends to go aboard and applies for a lump-sum allowance, the lump-sum allowance shall be equal to 3 months of current allowance amount.

Example 10: Mrs. A is enjoying a monthly occupational accident allowance with the allowance level in December 2019 equal to VND 2,000,000. In January 2020, Mrs. A goes abroad to settle down, she shall be entitled to a lump-sum allowance equal to: 3 x VND 2,000,000 = VND 6,000,000.

4. For employees infected with HIV/AIDS due to occupational accidents and risks while performing their duties, they shall be entitled to a monthly occupational disease allowance equal to that of employees suffering from an occupational disease due to the work capability impairment of at least 61% without medical assessment.

In cases where the medical assessment results show that the employees suffer from a higher level of work capability impairment, the allowance level shall be calculated according to the level of work capability impairment at the conclusion of the Medical Assessment Council. In such cases, the dossiers for enjoyment of the occupational disease regime shall include minutes of medical assessment.

Article 10. Settlement of occupational accident and disease allowance for employees undergoing reassessment of work capability impairment after their injury or disease recurs

1. For employees who are enjoying an occupational accident and disease allowance in accordance with the law provisions on social insurance before January 1, 2007:

a) With regard to an employee who has enjoyed a lump-sum occupational accident and disease allowance in accordance with the law provisions on social insurance before January 1, 2007:

- In cases where the reassessment result shows that the impairment of his/her work capability is under 31%, the employee shall be entitled to a lump-sum allowance as follows:

- In cases where the reassessment result shows that the impairment of his/her work capability is equal to 31% or more, the employee shall be entitled to monthly allowance. The allowance level is specified at Point b of this Clause.

Example 11: In October 2006, Mr. B suffered from an occupational accident with the work capability impairment of 21%, and he had received a lump-sum allowance of VND 5,400,000. In March 2017, Mr. B had the work capability impairment reassessed due to his recurring injury, and the reassessed impairment of his work capability was 45%. Accordingly, the impairment of his work capability is classified into the group 2, which means that he is entitled to a monthly allowance equal to 0.6 of the basic salary.

It is assumed that the basic salary in the month when the Medical Assessment Council issues the reassessment conclusion is VND 1,210,000 per month. The monthly allowance for Mr. B is: 0.6 x 1,210,000 = 720,000 (VND/month).

b)  With regard to an employee who has enjoyed monthly occupational accident and disease allowance in accordance with the law provisions on social insurance before January 1, 2007, based on the reassessment result of work capability impairment, his/her monthly allowances are specified as follows:

2. For an employee who has enjoyed a lump-sum occupational accident and occupational disease allowance from January 1, 2007:

a) After the reassessment, if the impairment of his/her work capability shows an increase but under 31%, he/she shall be entitled to a lump-sum allowance. The lump-sum allowance shall be calculated by the difference between the allowance calculated according to the new level of work capability impairment and the allowance calculated according to the former level of work capability impairment. Specifically as follows:

= {5 x L_min+ (m₁ - 5) x 0.5 x L_min} - {5 x L_min +(m - 5) x 0.5 x L_min}

Of which:

- L_min: The basic salary at the time of allowance enjoyment.

- m₁: The reassessed impairment of work capability due to occupational accidents or diseases (absolute number 5 ≤ m₁ ≤ 30).

- m: The impairment of work capability due to occupational accidents or diseases (absolute number 5 ≤ m ≤ 30).

Example 12: In August 2013, Mr. C suffered from an occupational accident with the work capability impairment of 20%. In October 2016, he had the work capability impairment reassessed due to his recurring injury, and the reassessed impairment of his work capability was 30%. The basic salary in the month when the Medical Assessment Council issues the reassessment conclusion is VND 1,210,000 per month. Mr. C shall be entitled to a lump-sum allowance as follows:

{5 x L_min + (30 - 5) x 0.5 x L_min} - {5 x L_min + (20 - 5) x 0.5 x L_min} =

= (5 x L_min + 12.5 x L_min) - (5 x L_min + 7.5 x L_min) = 5 x L_min =

= 5 x VND 1,210,000 = 6,050,000 (VND).

b) After the reassessment, if the impairment of his/her work capability is equal to 31% or more, he/she shall be entitled to the monthly allowance calculated according to the new level of work capability impairment:

= {0.3 x L_min + (m₁ - 31) x 0.02 x L_min} + {0.005 x L+ (t - 1) x 0.003 x L}

Of which:

- L_min: The basic salary at the time of allowance enjoyment.

- m₁: The reassessed impairment of work capability due to occupational accidents or diseases (absolute number 31≤ m₁ ≤ 100).

- L: The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP.

- t: The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 6, Article 11 of the Decree No. 88/2020/ND-CP.

Example 13: In August 2016, Mr. P suffered from an occupational accident with the work capability impairment of 20%. Until the month of occupational accident, Mr. P has made 12 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, and the salary and wages of the month preceding the month of occupational accident is VND 3,500,000. In November 2020, he had the work capability impairment reassessed due to his recurring injury, and the reassessed impairment of his work capability is 32%. It is assumed that the basic salary in the month when the Medical Assessment Council issues the re-assessment conclusion is VND 1,500,000 per month. Mr. P shall be entitled to monthly allowance calculated according to the following formula:

The monthly allowance for Mr. P is:

{0.3 x L_min + (32-31) x 0.02 x L_min} + {0.005 x L x (12-1) x 0.003 x L}

= 0.32 x L_min + 0.038 x L = 0.32 x 1,500,000+ 0.038 x 3,500,000= 480,000 + 133,000 = 613,000 (VND).

3. For an employee who has enjoyed monthly occupational accident and disease allowance from January 1, 2007 onwards, if the impairment of his/her work capability, upon a reassessment, varies, his/her new monthly allowance shall be calculated in accordance with Clause 2, Article 9 of this Circular, in which the allowance calculated according to the impairment of work capability shall be calculated according to the new level of work capability impairment. The allowance calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is the current allowance level.

= {0.3 x L_min + (m₁ - 31) x 0.02 x L_min} + {0.005 x L + (t - 1) x 0.003 x L}

Of which:

- L_min: The basic salary at the time of allowance enjoyment.

- m₁: The reassessed impairment of work capability due to occupational accidents or diseases (absolute number 31≤ m ≤ 100).

- L: The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP.

- t: The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 6, Article 11 of the Decree No. 88/2020/ND-CP.

Example 14: In September 2016, Mr. D suffered from an occupational accident with a work capability impairment of 40%, then, he is entitled to monthly occupational accident allowance. In November 2020, he had the work capability impairment reassessed due to his recurring injury, and the reassessed impairment of his work capability was 45%. It is assumed that the basic salary in the month when the Medical Assessment Council issues the re-assessment conclusion is VND 1,600,000 per month, and the allowance calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at the time when the Medical Assessment Council issues the re-assessment conclusion is VND 162,000 per month.

Mr. D shall be entitled to a monthly allowance calculated as follows:

- The allowance level calculated according to the new level of work capability impairment (after the reassessment) is:

0.3 x 1,600,000 + (45 - 31) x 0.02 x 1,600,000 = 928,000 (VND/month)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is VND 162,000 per month.

- The new monthly allowance for Mr. D is:

VND 928,000 + VND 162,000 = 1,090,000 (VND).

4. For employees who suffer from occupational accidents or diseases, and the impairment of their work capability is not eligible for the occupational accident or disease allowance, if after the reassessment of his/her recurring injury or disease, the impairment of his/her work capability is eligible for the occupational accident or disease allowance, the allowance level shall be calculated in accordance with Clauses 1 and 2, Article 9 of this Circular.

5. The occupational accident and disease allowance for employees whose work capability impairment is reassessed in accordance with Clauses 2 and 3 of this Article shall be calculated according to the basic salary in the month when the Medical Assessment Council issues the reassessment conclusion.

Article 11. Settlement of occupational accident and disease allowance regimes for employees who have enjoyed a lump-sum or monthly allowance but suffer from a new occupational accident and disease or HIV/AIDS infection due to occupational accidents or risks under general assessment

1. In cases where employees who have enjoyed a lump-sum or monthly occupational accident or disease allowance suffer from a new occupational accident or disease at a point of time from January 1, 2007 onwards, their new allowance level shall be calculated depending on the new level of work capability impairment determined in a general assessment, in which:

a) The allowance level calculated according to the new level of work capability impairment is calculated according to the basic salary in the month when the Medical Assessment Council issues the general assessment conclusion or in the month in which the HIV/AIDS certification is issued.

b) The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, after the general assessment, is calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund until the last time of occupational accidents or diseases, and the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is specified in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP of the last time of occupational accidents or diseases.

= {0.3 x L_min + (m₂ - 31) x 0.02 x L_min} + {0.005 x L + (t - 1) x 0.003 x L}

Of which:

- L_min: The basic salary at the time of allowance enjoyment.

- m₂: The impairment of work capability due to occupational accidents or diseases after general assessment (absolute number 31≤ m₂ ≤ 100)

- L: The salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 7, Article 11 of the Decree No. 88/2020/ND-CP.

- t: The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund as prescribed in Clause 6, Article 11 of the Decree No. 88/2020/ND-CP.

Example 15: Mrs. K has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X from January 1, 2015 to October 2017 with a salary of VND 15,000,000 per month. On July 9, 2016, Mrs. K suffered from an occupational accident, the Medical Assessment Council gave the assessment result that the impairment of her work capability was 20%, and Mrs. K enjoyed a lump-sum occupational accident regime. From January 1, 2017 to December 31, 2017, Mrs. K entered into a labor contract and participated in occupational accident and occupational disease insurance at Enterprise Z with a salary of VND 4,000,000 per month. On March 21, 2017, Ms. K continued to have an occupational accident, and the Medical Assessment Council gave the assessment result that the general impairment of her work capability was 27%.

- The allowance level calculated according to the impairment of work capability after the general assessment is:

5 x 1,210,000 + (27 - 5) x 0.5 x 1,210,000 = 19,360,000 (VND).

- The allowance level calculated according to the time of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund:

+ The time period for calculation of occupational accident allowance is: 28 months from January 2015 to February 2017 and from January 2017 to February 2017. Due to the overlapping period of time from January 2017 to February 2017, the time period for calculation of occupational accident allowance is 26 months, equivalent to 2 years and 2 months.

+ The salary for calculation of occupational accident allowance is:

VND 15,000,000 + VND 4,000,000 = VND 19,000,000.

+ The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.5 x 19,000,000 + (2 - 1) x 0.3 x 19,000,000 = 15,200,000 (VND).

- The new occupational accident allowance level is:

VND 19,360,000 + VND 15,200,000 = 34,560,000 (VND).

Example 16: In August 2016, Mr. G suffered from an occupational accident with the work capability impairment of 40%. In October 2016, Mr. G suffered from another occupational accident and was treated at the hospital. After stabilizing his injury, in November 2016, Mr. G was discharged from the hospital, and in December 2016, underwent a general assessment and the Medical Assessment Council gave the result that his new level of work capability impairment was 45%. Until September 2016, Mr. G has made 13 years’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, and the salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund in September 2016 is VND 3,680,000. It is assumed that the basic salary in the month when the Medical Assessment Council issues the general assessment conclusion is VND 1,210,000 per month. The monthly allowance for Mr. G is calculated as follows:

- The allowance level calculated according to the impairment of work capability after the general assessment is:

0.3 x 1,210,000 + (45 - 31) x 0.02 x 1,210,000 = 701,800 (VND/month)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.005 x 3,680,000 + (13 - 1) x 0.003 x 3,680,000 = 150,880 (VND/month)

- The new monthly allowance for Mr. G is:

701,800 VND/month + 150,880 VND/month = 852,680 (VND/month)

Example 17: Mr. A has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise X from January 1, 2013 to October, 2015, with a salary of VND 20,000,000 per month. On March 1, 2014, he suffered from an occupational accident, and his injury rate was determined 45% by the Medical Assessment Council. Accordingly, he has been entitled to monthly occupational accident allowance. From January 2016 to December 2016, Mr. A has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise Y with a salary of VND 24,200,000 VND per month. Concurrently, he entered into a labor contract and has made payment of insurance premiums to the Occupational Accident and Disease Insurance Fund at Enterprise Z from July 1, 2016 to December, 2016, with a salary of VND 3,000,000 per month.

On December 1, 2016, Mr. A suffered from an occupational accident, and his injury rate was determined 58% by the Medical Assessment Council. It is assumed that the basic salary in the month when the Medical Assessment Council issues the reassessment conclusion is VND 1,210,000 per month. The monthly occupational accident allowance for Mr. A is calculated as follows:

- The allowance level calculated according to the impairment of work capability after the general assessment is:

0.3 x 1,210,000 + (58 - 31) x 0.02 x 1,210,000= 1,016,400 (VND/month)

- The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund:

+ The salary for calculation of occupational accident allowance is:

24,200,000 + 3,000,000 = 27,200,000 (VND), which is 20 times higher than the basic salary, so it is only calculated as 20 times of the basic salary, equivalent to VND 24,200,000.

+ The time period for calculation of occupational accident allowance is: 34 months (from January 2013 to October 2015) + 11 months (from January 2016 to November 2016) = 45 months = 3 years and 9 months.

The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund:

0.005 x 24,200,000 + (3 - 1) x 0.003 x 24,200,000 = VND 266,200

- The new occupational accident allowance level is:

1,016,400 + 266,200 = 1,282,600 (VND/month)

2. In cases where an employee suffered from an occupational accident or disease when participating in occupational accident and occupational disease insurance with multiple labor contracts and received a certain amount of allowance; then, he suffered from another occupational accident or disease with less labor contracts but the allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund prescribed in Clause 1 of this Article is less than the current amount of allowance, the current allowance shall prevail.

Example 18: In case of Mr. A mentioned in Example 17, it is assumed that the labor contract concluded between Mr. A and Enterprise Z from July 1, 2016 to December 12, 2018 agrees the salary of VND 3,000,000 per month.

On March 1, 2018, Mr. A suffered from another occupational accident, and his injury rate was determined 70% by the Medical Assessment Council. It is assumed that the basic salary in the month when the Medical Assessment Council issues the reassessment conclusion is VND 1,210,000 per month. The monthly occupational accident allowance for Mr. A is calculated as follows:

- The current allowance level for Mr. A is: 1,282,600 (VND/month)

- The allowance level calculated according to the impairment of work capability after the general assessment is:

0.3 x 1,210,000 + (70 - 31) x 0.02 x 1,210,000= 1,306,800 (VND/month)

- The time period for calculation of occupational accident allowance is: 34 months (from January 2013 to October 2015) + 26 months (from January 2016 to February 2018) = 60 months = 5 years.

+ The salary for calculation of occupational accident allowance is: 3,000,000 (VND).

+ The time period for calculation of new occupational accident allowance is: 5 years.

The allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is:

0.005 x 3,000,000 + (5 - 1) x 0.003 x 3,000,000 = 51,000 (VND)

Thus, the new allowance level calculated according to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund is less than the current allowance level, so it should remain at the current level of VND 266,200.

- The new occupational accident allowance is: 1,306,800 + 266,200 = 1,573,000 (VND)

3. The time for allowance enjoyment shall begin from the month the employees complete their treatment or are discharged from the hospital of the last occupational accident or disease or from the month when the Medical Assessment Council issues the assessment conclusion in cases where the employees have not received inpatient care or it is unable to identify the ending of treatment or patient discharge.

Article 12. Regulations on allocation of money for buying assistive and orthopedic devices and the time period of allocation

1. An employee who had an occupational accident or disease resulting in injuries to the body functions may, depending on his/her current state, be provided with money for buying assistive and orthopedic devices as indicated by a health examination and treatment establishment or orthopaedic and functional rehabilitation establishment under the sector of  Labor, Invalids and Social Affairs or a hospital of provincial or higher level (hereinafter referred to as orthopaedic and functional rehabilitation establishment).

2. Types of assistive and orthopedic devices and the time period of allocation

a) Prosthetic arms;

b) Plastic arm braces;

c) Prosthetic legs;

d) Plastic leg braces;

dd) A pair of orthopaedic shoes or sandals;

e) Thigh splints, leg splints;

g) Trunk orthosis;

h) Wheelchairs or lever powered wheelchairs or alternative facilities with equivalent costs;

i) Crutches;

k) Hearing aids;

l) Ocular prosthesis;

m) Making dentures by number of missing teeth; removable dentures;

n) Purchase of assistive devices in cases of hemiplegia, diplegia, or psychotic agitation.

In cases where an employee both suffers from psychotic agitation and hemiplegia or diplegia, he/she is only entitled to receive money once to buy assistive devices;

o) In cases where both wheelchair/lever powered wheelchair and prosthetic legs/foot are provided, the use period (the time peiod of allocation) of each mean is 6 years.

3. The allocation level of money for buying assistive and orthopedic devices (including auxiliary articles and maintenance kits) and the time period of allocation are specified in Appendix V issued together with this Circular.

4. The allocation of money for buying assistive and orthopedic devices (including auxiliary articles and maintenance kits) for the entire use period (the time peiod of allocation) shall be conducted at the same time.

Article 13. Procedures for allocation of money for buying assistive and orthopedic devices

1. Persons eligible for allocation of assistive and orthopedic devices shall submit an indication of orthopaedic and functional rehabilitation establishments competent in use of assistive and orthopedic devices to competent social insurance agencies.

2. Social insurance agencies

a) Within 10 working days from the date on which valid documents prescribed in Clause 1 of this Article are received, social insurance agencies shall be responsible for verifying the dossier and making decisions on allocation of money for buying assistive and orthopedic devices within a specific period of time for persons subject to occupational accidents and diseases.

b) In cases where the submitted documents are invalid, within a period of 03 working days, social insurance agencies must send a written reply clearly stating the reasons, enclosed with all submitted documents to the applicants.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 14. Principles for implementation of compensation and allowance for occupational accidents and diseases

Persons participating in compulsory social insurance who are entitled to compensation and allowance for occupational accidents and diseases in accordance with Section 2, Chapter III of the Law on Occupational Safety and Health and Chapter II of this Circular shall also be considered for enjoyment of social insurance regimes for occupational accidents and diseases specified in Section 3, Chapter III of the Law on Occupational Safety and Health and Chapter III of this Circular.

Article 15. Responsibilities of employers

1. To regularly improve working conditions and take care of employees’ health.

2. To fully implement the regimes for employees subject to occupational accidents and occupational diseases as prescribed by the law provisions.

3. To coordinate with relevant agencies in settling compensation liability under the Civil Code with the parties causing occupational accidents or traffic accidents on the way from the place of residence to the workplace and vice versa (if any).

4. Employers are encouraged to pay compensation and allowance to employees subject to occupational accidents or occupational diseases at a higher rate than those specified in this Circular.

Article 16. Responsibilities of provincial-level Departments of Labor, Invalids and Social Affairs

1. To coordinate with relevant agencies in disseminating, guiding, organizing the implementation, inspection, examination, supervision and handling of violations, solving problems, and reviewing the implementation of the Circular at their locality.

2. To receive and keep dossiers of paying compensation and allowance for occupational accidents and diseases from employers.

Article 17. Responsibilities of social insurance agencies

1. The Vietnam Social Security shall guide the participation in the payment of occupational accident and disease insurance premiums; record and certify the payment to the compulsory occupational accident and disease insurance fund on the social insurance book for employees entering into labor contracts with one or multiple employers as a basis to settle the regimes of occupational accidents and diseases as prescribed and be responsible for the implementation of this Circular.

2. Social insurance agencies of the Ministry of National Defense and the Ministry of Public Security shall be responsible for settling the regimes of occupational accidents and diseases for employees working in the Ministry of National Defense and the Ministry of Public Security in accordance with this Circular.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Circular takes effect on March 1, 2022.

The Circular No. 04/2015/TT-BLDTBXH dated February 2, 2015 of the Minister of Labor, Invalids and Social Affairs, guiding the implementation of the employer’s compensation, allowance and medical expenses regimes for employees subject to occupational accidents and occupational diseases and the Circular No. 26/2017/TT-BLDTBXH dated September 20, 2017 of the Minister of Labor, Invalids and Social Affairs, providing and guiding the implementation of compulsory occupational accident and disease insurance regimes cease to be effective from the effective date of this Circular.

Any problems arising in the course of implementation shall be reported to the Ministry of Labor, Invalids and Social Affairs for guidance./.

The Minister

DAO NGOC DUNG

APPENDIX I

TABLE OF THE EMPLOYERS’ COMPENSATION AND ALLOWANCE FOR EMPLOYEES SUBJECT TO OCCUPATIONAL ACCIDENTS AND DISEASES

(Issued together with the Circular No. 28/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor, Invalids and Social Affairs)