Joint circular No. 13/2012/TTLT-BLDTBXH-BYT dated May 30, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health guiding the implementation of the regime of allowances in kind to employees exposed to dangerous and hazardous working conditions

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS - THE MINISTRY OF HEALTH

Joint Circular No. 13/2012/TTLT-BLDTBXH-BYT of May 30, 2012, guiding the regime of allowances in kind for laborers working in dangerous or hazardous conditions

Pursuant to Article 104 of the June 23, 1994 Labor Code; and the 2002 Law Amending and Supplementing a Number of Articles of the Labor Code;

Pursuant to the Government’s Decree No. 06/CP of January 20, 1995, detailing a number of articles of the Labor Code on labor safety and sanitation; Decree No. 110/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of 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 Health, and the Government’s Decree No. 22/2010/ND-CP of March 9, 2010, amending and supplementing Article 3 of Decree No. 188/2007/ND-CP of December 27, 2007;

The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health jointly guide the regime of allowances in kind for laborers working in dangerous or hazardous conditions as follows:

Article 1. Subjects and scope of application

1. This Joint Circular guides the implementation of the regime of allowances in kind for laborers working in dangerous or hazardous conditions in labor-employing agencies, enterprises and establishments operating in the Vietnamese territory.

2. This Joint Circular applies to civil servants; public employees; laborers; students on practice or apprenticeship or job trainees (below collectively referred to as laborers) working in labor-employing agencies, enterprises and establishments operating in the Vietnamese territory, including cipher officers; and does not apply to laborers working in sectors and occupations eligible for food rations defined in the Prime Minister’s Decision No. 234/2005/QD-TTg of September 26, 2005, on special regimes for workers, staff members and public employees of state companies in a number of sectors and occupations, and Decision No. 72/2008/QD-TTg of May 30, 2008, amending and supplementing a number of articles of Decision No. 234/2005/QD-TTg.

Article 2. Conditions for receiving allowances in kind and allowance levels

1. Laborers are entitled to allowances in kind when fully satisfying the following conditions:

a/ Performing occupations or jobs on the list of particularly heavy, hazardous or dangerous occupations and jobs and heavy, hazardous or dangerous occupations and jobs promulgated by the Ministry of Labor, War Invalids and Social Affairs;

b/ Currently working in a labor environment in which at least one of the dangerous or hazardous elements exists, making such environment not up to sanitation standards promulgated by the Ministry of Health, or in direct contact with sources of disease transmission.

The identification of the elements mentioned at Point b, Clause 1 of this Article shall be conducted by units having sufficient conditions for measuring and inspecting labor environments as provided in the Ministry of Health’s Circular No. 19/2011/TT-BYT of June 6, 2011, guiding the management of labor sanitation and health and occupational diseases (below referred to as labor environment-measuring and -inspecting units).

2. Allowance levels:

a/ Allowances in kind are rationed and valued in money at the following levels:

- Level 1: VND 10,000;

- Level 2: VND 15,000;

- Level 3: VND 20,000;

- Level 4: VND 25,000.

b/ The determination of levels of allowance in kind according to characteristics of labor conditions complies with Appendix 1 to this Circular.

Article 3. Principles of provision of allowances in kind

1. Allowances in kind shall be provided during a working shift or day, ensuring convenience and hygiene.

2. Allowances must neither be provided in cash nor included in the wage unit price.

In case allowances cannot be provided in a collective and on-site manner due to unstable organization of labor (for example, roving jobs, scattered jobs or few laborers), employers shall hand allowances in kind to laborers for use according to regulations. In this case, employers shall make a list of allowances received by laborers with their signatures, regularly inspect the use of allowances by laborers, and sum up and report it to provincial-level Departments of Labor, War Invalids and Social Affairs.

3. A laborer working in an environment in which a dangerous or hazardous element exists for 50% or more of the standard time of a working day may enjoy the whole allowance ration. If he/she works for under 50% of the standard time of a working day, he/she may enjoy half of the allowance ration.

In case of overtime work, allowances in kind may increase in proportion to overtime hours.

4. Expenses for allowances in kind shall be accounted into regular operation expenses or production or business expenses of employers and regarded as reasonable expenses upon calculation and payment of enterprise income tax by employers in accordance with the current law on enterprise income tax. Particularly, expenses for allowances in kind for students on job practice or apprenticeship or job trainees shall be paid by their managing agencies.

Article 4. 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 hazardous elements in working conditions, employers shall provide allowances in kind to laborers with a view to preventing diseases and ensuring their health.

2. To annually measure the labor environment’s parameters. Based on results of measurement of the labor environment’s parameters provided by measuring units, to inspect the labor environment against the labor environment criteria, and provide allowances in kind corresponding to each specific occupation or job as specified in Appendix 1 to this Circular.

For occupations or jobs to be performed in complicated working conditions, making it impossible to promptly determine levels of allowance in kind as specified in Appendix 1 to this Circular, employers shall enumerate occupational titles or jobs for which allowances in kind are demanded, then propose them to directly managing ministries, sector management agencies or provincial-level People’s Committees (below referred to as managing agencies) for summarization and comment before the Ministry of Labor, War Invalids and Social Affairs assumes the prime responsibility for, and coordinates with the Ministry of Health in, considering and deciding them.

3. To publicly announce the purpose and significance of allowances in kind as well as contents of this Circular and regulations of their establishments on this regime to their laborers.

4. To direct their units’ health sections in formulating the structure of allowances in kind at different levels suitable to the detoxification and enhancement of resistance of the body.

5. To provide adequate allowances in kind to laborers according to this Circular.

Article 5. Responsibilities of ministries, sectors and localities

1. To guide units and enterprises under their management in implementing this Circular.

2. To enumerate occupational titles and jobs for which allowances in kind need to be provided at the request of units and enterprises under their management and submit to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health for consideration and decision the following:

a/ Lists of occupational titles and jobs of their sectors or localities for which allowances in kind should be provided, made according to the form provided in Appendix 2 to this Circular (not translated herein);

b/ Results of annual measurement of the labor environment in which exist dangerous or hazardous elements at workplaces of units measuring or inspecting the labor environment. For occupations or jobs performed by laborers in direct contact with sources of disease transmission as specified at Point b, Clause 1, Article 2 of this Circular, these results are not required.

3. To organize the implementation of this Circular in units and enterprises located in their localities, and conduct examination and inspection according to their assigned functions and vested powers.

Article 6. Transitional provisions

Agreements on allowances in kind for occupational titles and jobs already reached by the Ministry of Labor, War Invalids and Social Affairs with managing agencies in accordance with 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 Health shall be implemented as follows:

1. From July 15, 2012, through December 31, 2012, allowances shall be provided at the level specified at Point a, Clause 2, Article 2 of this Circular.

2. From January 1, 2013, levels of allowance in kind shall be determined in accordance with Clause 2, Article 4 of this Circular.

Article 7. Reference provision

In case the documents referred to in this Circular are replaced or amended, replacing or amending documents apply.

Article 8. Implementation provisions

1. This Circular takes effect on July 15, 2012.

2. As of the effective date of this Circular, 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 Health, guiding the regime of allowances in kind for laborers working in dangerous or hazardous conditions; and Joint Circular No. 10/2006/TTLT/BLDTBXH-BYT of September 12, 2006, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, amending and supplementing Clause 2, Section II of Joint Circular No. 10/1999/TTLT-BLDTBXH-BYT, are annulled.

Any difficulties or problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health for consideration and settlement.-

For the Minister of Health
Deputy Minister
NGUYEN THANH LONG 

For the Minister of
Labor, War Invalids and Social Affairs
Deputy Minister
BUI HONG LINH

Appendix 1

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

(To 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 Health)

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