Thông tư 04/2021/TT-BLĐTBXH hướng dẫn chế độ đối với người phòng cháy, chữa cháy

CIRCULAR

Providing guidance on a number of benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams participating in professional trainings and refreshers on fire prevention and fighting

_________________

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

Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting;

At the proposal of the Director of the Department of Industrial Relations and Wage;

The Minister of Labor, Invalids and Social Affairs hereby promulgates the Circular providing guidance on a number of benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams participating in professional trainings and refreshers on fire prevention and fighting.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidance on a number of benefits prescribed in Clause 8, Article 50 of the Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting (hereinafter referred to as the Decree No. 136/2020/ND-CP), including:

1. The benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting in accordance with the summons and mobilization orders of competent persons in cases where such persons are injured in accidents which reduce their working capacity in accordance with the conclusion of the Medical Assessment Council, or injured in one of the cases prescribed in the Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution, or dead in one of the cases prescribed in the Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution.

2. The benefits for members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting.

3. The benefits for members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting, who suffer from accidents, health loss or death.

Article 2. Subjects of application

1. Agencies, organizations and individuals prescribed in the Decree No. 136/2020/ND-CP in the following cases:

a) Persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting.

b) Members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams.

c) Persons competent to mobilize or send people to directly suppress fires and support the work of fire prevention and fighting.

d) Persons competent to mobilize members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams to participate in in professional trainings and refreshers on fire prevention and fighting.

dd) Agencies, units and organizations that are responsible for directly managing the persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams (hereinafter referred to as the direct managers).

2. Other agencies, organizations and individuals involved in the implementation of this Circular.

Chapter II
BENEFITS APPLICABLE TO PERSONS MOBILIZED AND SENT TO DIRECTLY SUPPRESS FIRES AND SUPPORT THE WORK OF FIRE PREVENTION AND FIGHTING, WHO SUFFER FROM ACCIDENTS, INJURIES OR DEATH

Article 3. Benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, who suffer from accidents or injuries

1. Medical examination and treatment expenses

a) Persons currently participating in health insurance who suffer from accidents or injuries shall be paid for their medical examination and treatment expenses by the social insurance agencies in accordance with the law provisions on health insurance; or be paid by their direct managers for the co-payments and medical expenses that are not covered by the health insurance.

b) Persons not participating in health insurance who suffer from accidents or injuries shall be paid by their direct manager for all medical examination and treatment expenses at the prices for medical examination and treatment services of public medical establishments prescribed by the competent authorities.

2. Allowances depending on the extent of working capacity decrease

a) Persons currently participating in compulsory social insurance who suffer from accidents or injuries and are eligible for the occupational accident insurance allowances shall be paid lump-sum allowances or monthly allowances, service allowances by the social insurance agencies depending on the extent of their working capacity decrease and the number of years of paying social insurance premiums in accordance with the law provisions on occupational safety and health.

b) Persons who do not participate in compulsory social insurance, those who are enjoying pension or monthly social insurance allowances, those who have already been entitled to lump-sum social insurance allowances, or those who are currently participating in compulsory social insurance but not eligible for occupational accident insurance allowances when they suffer accidents or injuries, shall be paid lump-sum allowances or monthly allowances, service allowances by their direct managers depending on the extent of their working capacity decrease (except for allowances calculated on the number of years of paying social insurance premiums). The rates of the lump-sum allowances or monthly allowances, service allowances for employees suffering working capacity decrease shall comply with the law provisions on occupational safety and health.

3. Persons who are fully qualified for certification as wounded soldiers, or those who are eligible for entitlement to preferential policies as wounded soldiers as prescribed in the Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution, shall be considered by competent agencies to enjoy preferential policies for wounded soldiers or be entitled to preferential policies as wounded soldiers.

Article 4. Benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, who are dead

1. If persons who are currently participating in social insurance, those who are having their social insurance payment period reserved but have paid social insurance premiums for full 12 months or more, or those who are enjoying their monthly pension or social insurance allowances die when suppressing fires and supporting the work of fire prevention and fighting or during the first-time treatment of injuries caused by accidents while suppressing fires and supporting the work of fire prevention and fighting, their relatives shall be entitled to monthly survivorship allowances or lump-sum survivorship allowances; agencies, organizations or individuals that organize their funerals shall be entitled to the support for funeral costs in accordance with the law provisions on social insurance.

2. If persons who do not participate in social insurance, or those who have already been entitled to lump-sum social insurance allowances die when suppressing fires and supporting the work of fire prevention and fighting or during the first-time treatment of injuries caused by accidents while suppressing fires and supporting the work of fire prevention and fighting, their relatives and the agencies, organizations or individuals that organize their funerals shall be paid the allowances by their direct managers as follows:

a) Their relatives shall be entitled to lump-sum survivorship allowances equal to that of those who die due to occupational accidents as prescribed the law provisions on occupational safety and health, or monthly survivorship allowances equal to that of people currently participating in social insurance as prescribed the law provisions on social insurance. Those who are entitled to lump-sum survivorship allowances or monthly survivorship allowances must satisfy the conditions on relatives as prescribed by the law provisions on social insurance with regard to people currently participating in social insurance.

b) Agencies, organizations, or individuals that organize their funerals shall be entitled to the support for funeral costs. The rate of funeral cost support shall be equal to such rate for people currently participating in social insurance as prescribed by law provisions on social insurance.

3. Persons who are eligible for recognition as martyrs in accordance with the Ordinance on Preferential Treatment for People with Meritorious Services to the Revolution shall be considered by competent agencies to be recognized as martyrs.

Chapter III
BENEFITS FOR MEMBERS OF CIVIL DEFENSE TEAMS, GRASSROOTS-LEVEL AND SPECIALIZED FIRE PREVENTION AND FIGHTING TEAMS WHEN PARTICIPATING IN PROFESSIONAL TRAININGS AND REFRESHERS ON FIRE PREVENTION AND FIGHTING

Article 5. Allowances and rewards for members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting

Members of civil defense teams shall be paid an amount equal to 0.6 of the minimum region-based daily wage and members of grassroots-level and specialized fire prevention and fighting teams shall be paid an amount equal to 0.3 of the minimum region-based daily wage by their direct managers for each day they participate in professional trainings and refreshers on fire prevention and fighting.

The minimum region-based daily wage shall be determined by dividing the minimum region-based monthly wage applicable to employees working under labor contracts at enterprises located in Region I as prescribed by the Government at the time of participating in professional trainings and refreshers on fire prevention and fighting with the number of 26 days.

Article 6. Benefits for members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting, who suffer from accidents or injuries

1. Medical examination and treatment expenses

a) Persons currently participating in health insurance who suffer from accidents or injuries shall be paid for their medical examination and treatment expenses by the social insurance agencies in accordance with the law provisions on health insurance; or be paid by their direct managers for the co-payments and medical expenses that are not covered by the health insurance.

b) Persons not participating in health insurance who suffer from accidents or injuries shall be paid by their direct manager for all medical examination and treatment expenses at the prices for medical examination and treatment services of public medical establishments prescribed by the competent authorities.

2. Benefits for those suffering from occupational accidents

a) Persons currently participating in compulsory social insurance who participate in professional trainings and refreshers on fire prevention and fighting and suffer from accidents or health loss shall be paid the occupational accident benefits by the social insurance agencies in accordance with the law provisions on occupational safety and health.

b) Persons who do not participate in compulsory social insurance, those who are enjoying pension or monthly social insurance allowances, those who have already been entitled to lump-sum social insurance allowances, if they participate in professional trainings and refreshers on fire prevention and fighting and suffer from accidents or health loss, shall be paid by their direct managers the same benefits as the occupational accident insurance prescribed by the law provisions on occupational safety and health (except for allowances calculated on the number of years of paying social insurance premiums).

Article 7. Benefits for members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting, who are dead

1. If persons who are currently participating in social insurance, those who are having their social insurance payment period reserved but have paid social insurance premiums for full 12 months or more, or those who are enjoying their monthly pension or social insurance allowances die when participating in professional trainings and refreshers on fire prevention and fighting or during the first-time treatment of injuries when participating in professional trainings and refreshers on fire prevention and fighting, their relatives and agencies, organizations or individuals that organize their funerals shall be entitled to the following benefits:

a) Their relatives shall be entitled to the benefits including:

a1) Monthly survivorship allowances or lump-sum survivorship allowances paid by the social insurance agencies in accordance with the law provisions on social insurance.

a2) Lump-sum allowances upon death due to occupational accidents paid by the social insurance agencies for the persons currently participating in compulsory social insurance.

a3) Financial support equal to the lump-sum allowances for those who die in occupational accidents as prescribed by the law provisions on occupational safety and health, paid by the direct managers for the persons currently participating in voluntary social insurance, those who are having their social insurance payment period reserved but have paid social insurance premiums for full 12 months or more, or those who are enjoying their monthly pension or social insurance allowances.

b) Agencies, organizations, or individuals that organize their funerals shall be entitled to the support of funeral costs in accordance with the law provisions on social insurance.

2. If persons who do not participate in social insurance, or those who have already been entitled to lump-sum social insurance allowances die when participating in professional trainings and refreshers on fire prevention and fighting or during the first-time treatment of injuries when participating in professional trainings and refreshers on fire prevention and fighting, their relatives shall be entitled to the support equal to the lump-sum allowances for those who die in occupational accidents as prescribed by the law provisions on occupational safety and health, lump-sum survivorship allowances or monthly survivorship allowances, and the agencies, organizations or individuals that organize their funerals shall be entitled to the support of funeral costs paid by their direct managers. Levels and conditions for entitlement to lump-sum or monthly survivorship allowances and the support of funeral costs shall comply with the provisions of Clause 2, Article 4 of this Circular.

Chapter IV
FUNDING FOR THE BENEFITS

Article 8. Sources from the Health Insurance Fund and the Social Insurance Fund

1. The health insurance fund shall cover the medical examination and treatment expenses in accordance with the law provisions on health insurance as prescribed at Point a, Clause 1, Article 3, and Point a, Clause 1, Article 6 of this Circular.

2. The social insurance fund shall cover the benefits prescribed at Point a, Clause 2, Article 3; Clause 1, Article 4; Point a, Clause 2, Article 6; Points a1, a2 and Point b, Clause 1, Article 7 of this Circular.

Article 9. Sources from the State budget

1. The Central budget shall include in the annual estimates of the Ministry of Labor, Invalids and Social Affairs the funding for benefits applicable persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting who suffer from injuries or death and are eligible for recognition as wounded soldiers or beneficiaries of preferential policies as wounded soldiers, or martyrs as prescribed in Clause 3, Article 3 and Clause 3, Article 4 of this Circular.

2. The local budgets shall include in the annual estimates of the commune-level People's Committees the funding for the following benefits:

a) The benefits applicable to persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams participating in professional trainings and refreshers on fire prevention and fighting who suffer from accidents, injuries or death and are under the management of the commune-level People's Committees as prescribed in this Circular.

b) The co-payments and expenses that are not covered by the health insurance as prescribed at Point a, Clause 1, Article 3; the medical examination and treatment expenses prescribed at Point b, Clause 1, Article 3; the benefits prescribed at Point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular in order to refund to the direct managers in cases where the direct managers are not funded by the State budget.

Article 10. Sources from the direct managers

1. The direct managers shall pay the benefits prescribed in this Circular as follows:

a) The co-payments and expenses that are not covered by the health insurance as prescribed at Point a, Clause 1, Article 3 and Point a, Clause 1, Article 6, and the medical examination and treatment expenses prescribed at Point b, Clause 1, Article 3 and Point b, Clause 1, Article 6 of this Circular;

b) The benefits prescribed at Point b, Clause 2, Article 3; Clause 2, Article 4; Point b, Clause 2, Article 6; Point a3, Clause 1, and Clause 2, Article 7 of this Circular.

c) Allowances and rewards prescribed in Article 5 of this Circular.

2. For the direct managers which are funded by the State budget for their regular operations, the funding for them to pay the benefits prescribed in Clause 1 of this Article shall comply with the current law provisions on decentralized allocation of the State budget and the self-funding of administrative agencies and public service providers.

3. For the direct managers which are not funded by the State budget for their regular operations, the payments for the benefits, including the co-payments and expenses that are not covered by the health insurance as prescribed at Point a, Clause 1, Article 3; the medical examination and treatment expenses prescribed at Point b, Clause 1, Article 3; the benefits prescribed at Point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular, shall be refunded to them by the commune-level People's Committees of the places where the persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting register their permanent residences.

4. The direct managers of persons who are not under the management of agencies, units or organizations are the commune-level People's Committees of the places where their permanent residences are registered.

Chapter V
PROVISIONS OF IMPLEMENTATION

Article 11. Effect

1. This Circular takes effect from August 15, 2021.

The Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC dated December 10, 2015 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security and the Ministry of Finance providing guidance for the persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, and cadres and members of the civil defense teams, grassroots-level and specialized fire prevention and fighting teams when participating in professional trainings and refreshers on fire prevention and fighting shall be annulled from the effective date of this Circular.

2. If the legal documents referenced in this Circular are amended, supplemented, or replaced, the contents referred to them in this Circular therefore shall be amended and implemented to suit the amendments, supplements, or replacements.

Article 12. Responsibilities for implementation

1. The persons competent to mobilize or send people to directly suppress fires and support the work of fire prevention and fighting shall declare, investigate and report on accidents, and certify for the accidents, injuries or deaths; coordinate with the direct managers and relevant agencies to compile dossiers and carry out procedures for entitlement of the benefits for persons mobilized and sent to directly suppress fires and support the work of fire prevention and fighting, members of civil defense teams, grassroots-level and specialized fire prevention and fighting teams participating in professional trainings and refreshers on fire prevention and fighting in accordance with this Circular.

2. The direct managers shall assume the prime responsibility for, and coordinate with concerned agencies, organizations, and individuals in, compiling dossiers of request for consideration and entitlement of the benefits; allocate funding sources and pay the benefits within the ambit of their responsibility.

3. The commune-level People's Committees shall:

a) Allocate sufficient funding sources and pay the benefits within the ambit of responsibility of the commune-level People's Committees as prescribed in this Circular.

b) Refund the payments by the direct managers for the benefits, including the co-payments and expenses that are not covered by the health insurance as prescribed at Point a, Clause 1, Article 3; the medical examination and treatment expenses prescribed at Point b, Clause 1, Article 3; the benefits prescribed at Point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular to the direct managers which are not funded by the State budget.

In the course of implementation, if there are any problems, agencies, organizations, units, and individuals shall report them to the Ministry of Labor, Invalids and Social Affairs for timely supplement and guidance./.

The Minister

Dao Ngoc Dung