Thông tư 11/2001/TT-BLĐTBXH của Bộ Lao động, Thương binh và Xã hội về việc hướng dẫn thực hiện Quyết định số 37/2001/QĐ-TTg ngày 21/3/2001 của Thủ tướng Chính phủ về việc nghỉ dưỡng sức, phục hồi sức khoẻ cho người lao động tham gia bảo hiểm xã hội

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION No. 37/2001/QD-TTg OF MARCH 21, 2001 ON THE CONVALESCENCE OR HEALTH REHABILITATION LEAVE FOR LABORERS PARTICIPATING IN SOCIAL INSURANCE

In furtherance of the Prime Minister’s Decision No.37/2001/QD-TTg of March 21, 2001 on the convalescence or health rehabilitation leave for laborers participating in social insurance, after consulting the Finance Ministry, the Vietnam Labor Confederation and a number of concerned ministries and branches, the Ministry of Labor, War Invalids and Social Affairs hereby guides the implementation thereof as follows:

I. OBJECTS OF APPLICATION

Objects eligible for convalescence or health rehabilitation leave as specified in the Prime Minister s Decision No.37/2001/QD-TTg of March 21, 2001 are laborers who participate in the compulsory social insurance prescribed in the Social Insurance Regulation promulgated together with the Government s Decree No.12/CP of January 26, 1995, Decree No.45/CP of July 15, 1995 and Decree No.73/1999/ND-CP of August 19, 1999 and the Prime Minister s Decision No.58/TTg of February 3, 1994, concretely as follows:

- State employees and public servants working in the State management agencies, public-service units and bodies of the Party and mass organizations from the central to district levels;

- Laborers working in the State enterprises and enterprises of non-State economic sectors, which employ 10 laborers or more each;

- Laborers working in foreign-invested enterprises, export processing zones, industrial parks, foreign agencies or organizations or international organizations in Vietnam;

- Laborers working in service business organizations attached to administrative and public-service agencies or bodies of the Party and mass organizations;

- Laborers working in enterprises and service organizations belonging to the armed forces;

- Persons holding people-elected or elected posts and working in the State management agencies, the Party s and mass organizations bodies from the central to district levels;

- Armymen, people s policemen, national defense workers and employees enjoying salaries according to the salary system applicable to the armed forces;

- Laborers working in non-public socialized establishments in the educational, healthcare, cultural and sport domains and currently participating in the compulsory social insurance as prescribed in the Government s Decree No.12/CP of January 26, 1995.

- Commune or ward medical workers currently participating in the compulsory social insurance as prescribed in the Government s Decree No.12/CP of January 26, 1995.

II. CONVALESCENCE OR HEALTH REHABILITATION LEAVE CONDITIONS AND DURATIONSAND ALLOWANCE LEVELS THEREFOR

1. Conditions:

Laborers who have fully paid social insurance premiums as prescribed shall be entitled to convalescence or health rehabilitation leave when meeting one of the two following conditions:

a/ Having worked and paid social insurance premiums for 3 full years or more and suffering from health deterioration;

b/ Remaining weak after hospitalization due to illness, labor accidents or occupational diseases (including in-patient and out-patient treatment); or after maternity (including miscarriage) leave.

2. Convalescence or health rehabilitation leave durations:

a/ Laborers who fully meet the conditions prescribed at Point 1 above shall be entitled to take a convalescence or health rehabilitation leave of between 5 and 10 days for one year (including weekends, public holidays and traveling time in case such convalescence or health rehabilitation leave duration is spent at public convalescent establishments) with allowance levels provided for at Point 3 below.

b/ The convalescence or health rehabilitation leave duration shall not be subtracted from the annual leave.

3. Convalescence or health rehabilitation leave allowance levels:

- The level of VND 80,000/day shall be applicable to convalescents at public convalescent establishments. This level includes: meals, accommodations, traveling and common medicaments.

- The level of VND 50,000/day shall be applicable to convalescents who stay at their homes, and female laborers who remain weak after taking maternity leave.

Apart from the above-specified levels funded by the social insurance fund, the units are encouraged to deduct part from their welfare funds to support their laborers during convalescence or health rehabilitation leaves.

III. ORGANIZATION OF IMPLEMENTATION

1. Responsibilities of agencies, units and enterprises:

a/ In order to apply the prescribed regimes in a just and reasonable manner, basing themselves on the conditions prescribed at Point 1, Section II above, the heads of the concerned agencies, units and enterprises (hereafter collectively referred to as units) shall coordinate with the trade union s executive boards in considering and deciding laborers who are fully eligible for convalescence or health rehabilitation leave through the following steps:

- Organizing annual health checks to determine persons suffering health deterioration and having worked and paid social insurance premiums for 3 full years or more who need to take the convalescence or health rehabilitation leave.

- For those suffering from illness, labor accidents or occupational diseases, the units heads shall base themselves on medical records and/or opinions of medical treatment establishments to determine persons whose health remains poor and who need convalescence or health rehabilitation leave.

- For female laborers after maternity leaves (or miscarriage), the units’ heads shall coordinate with the trade union s executive boards or women affair boards (if any) in considering and deciding eligible cases.

After determining persons eligible for convalescence or health rehabilitation leave, the units’ heads shall draw up lists of such persons and coordinate with the trade union s executive boards in organizing convalescence or health rehabilitation for their laborers at their homes or convalescent establishments (public), depending on the laborers conditions and aspirations.

b/ The funding source to cover expenses for convalescence or health rehabilitation for the units laborers shall not exceed 0.6% of their total wage fund amount actually paid for social insurance for one year. In cases where a unit does not use up the funding amount allocated to it, the remainder shall be channeled into the social insurance fund. Any excessive expenses shall not be covered by allocated funding but must be made up for by the units’ own sources.

c/ Annually, the units shall have to make final settlement of their convalescence or health rehabilitation funding with the social insurance agencies according to the current regulations.

2. Responsibilities of the social insurance agencies:

a/ Vietnam Social Insurance shall guide the social insurance agencies of the provinces and centrally-run cities, social insurance agencies of the army and the police in retaining at the units 0.6% of the total wage fund amount actually paid for social insurance (deducted from the source of paid social insurance premiums of 5% of the units total wage fund for three short-term regimes: illness, pregnancy-maternity, labor accident or occupational disease) right in the first quarter of the plan year, so that the units can take initiative in organizing convalescence or health rehabilitation for laborers.

b/ Vietnam Social Insurance shall organize the management, allocation and final settlement of funding source for convalescence or health rehabilitation to the units.

c/ Annually, Vietnam Social Insurance shall have to synthesize reports on situation of convalescence or health rehabilitation into a general report on realization of the social insurance policy, then send it simultaneously to the Ministry of Labor, War Invalids and Social Affairs and Vietnam Labor Confederation.

3.The Ministry of Labor, War Invalids and Social Affairs shall coordinate with Vietnam Labor Confederation in organizing the inspection and supervision of the observance of the convalescence and health rehabilitation regime.

This Circular takes effect as from June 1, 2001. Problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and solution.