Thông tư liên tịch 52/2015/TTLT-BLDTBXH-BCA-BTC

JOINT CIRCULAR

PROVIDING GUIDANCE ON THE BENEFITS POLICY FOR FIREFIGHTERS ASSIGNED OR MOBILISED TO DIRECTLY OR INDIRECTLY PERFORM FIGHTFIGHTING TASKS, AND OFFICERS OR MEMBERS OF NEIGHBORHOOD-PROTECTING TEAMS, INTRAMURAL AND SECTORAL FIREFIGHTING TEAMS, WHO PARTICIPATE IN FIRE DRILLS OR FIRE TRAINING COURSES 

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, 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. 106/2014/ND-CP dated November 17, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No. 79/2014/ND-CP dated July 31, 2014 specifying implementation of certain articles of the Law on Fire Prevention and Firefighting, and the Law on Revision of certain articles thereof;

The Minister of Labor, War Invalids and Social Affairs, the Minister of Public Security and the Minister of Finance hereby introduce the Joint Circular providing guidance on the benefits policy for firefighters assigned or mobilised to directly or indirectly perform firefighting tasks, and officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams, who participate in fire drills or fire training courses. 

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Joint Circular provides guidance on regulations applied to payment of medical examination, treatment costs and benefits; assessment of eligibility to be entitled to war disablement or similar pensions; assessment of eligibility to be recognized as a deceased revolutionary soldier who is dead while on duty as a firefighter assigned or mobilised to directly or indirectly perform his/her firefighting tasks; payment of wages or salaries, bonuses, allowances and social security benefits or covers to an officer or member of a neighborhood-protecting team, intramural or sectoral firefighting team who is injured or dead whilst participating in a fire drill or fire training course, as prescribed by Point d, dd, e Clause 1, 4 and 5 Article 35 of the Government's Decree No. 79/2014/ND-CP dated July 31, 2014 specifying implementation of certain articles of the Law on Fire Prevention and Firefighting, and the Law on Revision of certain articles thereof (hereinafter referred to as Decree No. 79/2014/ND-CP).  

Article 2. Scope

1. Firefighters assigned or mobilised to directly or indirectly perform firefighting tasks in accordance with laws on fire prevention and firefighting. 

2. Officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams. 

3. Persons empowered to assign or mobilise firefighters to directly or indirectly perform firefighting tasks. 

4. Persons empowered to assign or mobilise officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams to participate in fire drills or fire training courses.

5. Entities assuming responsibility for directly managing firefighters assigned or mobilised to directly or indirectly perform firefighting tasks, and officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams (hereinafter referred to as host entity). 

6. Other entities or individuals involved in implementation of regulations set forth in this Joint Circular.

Chapter II

BENEFITS POLICY FOR FIREFIGHTERS WHO ARE INJURED OR DEAD WHILE BEING ASSIGNED OR MOBILISED TO DIRECTLY OR INDIRECTLY PERFORM FIREFIGHTING TASKS

Article 3. Benefits policy for firefighters who are injured while being assigned or mobilised to directly or indirectly perform firefighting tasks

1. Payment of medical examination and treatment costs

a) Those who have participated in health insurance, if injured, shall be entitled to payment of medical examination and treatment costs made by the social security agency in accordance with laws on health insurance; shall be reimbursed by their host entities for co-payments and other medical costs which are not included in the list of costs covered by health insurance;   

b) Those who have not participated in health insurance, if injured, shall be reimbursed by their host entities for all of the medical examination and treatment costs.

2. Benefits

a) Those who have participated in social insurance, if injured, shall be entitled to payments of benefits made by the social security agency on either one-time basis or monthly basis which vary depending on their assessed level of work incapacity and total number of social insurance contribution years as provided by laws on social security.

b) Those who have not participated in compulsory social insurance, those who are currently paid monthly retirement or social security benefits, and those who have already received one-time payment of social security benefits, shall be entitled to either one-time benefit payments made by their host entities (exclusive of benefit amounts paid on the basis of the number of social insurance contribution years) if they are subject to 5 - 30% of work incapacity, or monthly benefit payments made by their host entities (exclusive of benefit amounts paid on the basis of the number of social insurance contribution years) if they are subject to 31% or higher percentage of work incapacity.

The amount of benefit payment is equal to the amount of one-time benefit payment or the amount of monthly benefit payment to employees who are subject to work incapacity as prescribed by laws on social security.

Article 4. Benefits policy for firefighters who are dead while being assigned or mobilised to directly or indirectly perform firefighting tasks

1. Those who have participated in social insurance, those who receive retirement pensions or social insurance benefits on a monthly basis, whether dead while directly or indirectly performing firefighting tasks, or dead during the period of initial treatment due to accidents occurring during direct or indirect involvement in firefighting services, shall be entitled to monthly or one-time death benefit payments made by the social security agency; entities or individuals providing funeral services shall be entitled to funeral benefit payments in accordance with laws on social security.

2. Those who have not participated in social insurance, those who have already received one-time payments of social security benefits, whether dead while directly or indirectly performing firefighting tasks, or dead during the period of initial treatment due to accidents occurring during direct or indirect involvement in firefighting services, shall be entitled to the following payments made by their host entities:

a) The amount of one-time death benefit payments which is 36 times higher than the base pay or monthly death benefit payments to relatives of firefighters assigned or mobilised to directly or indirectly perform firefighting tasks.

Eligibility requirements for one-time death benefit payments, and eligibility requirements and amounts of monthly death benefit payments, shall be subject to laws and regulations on social security applied to participants in compulsory social insurance; 

b) Funeral benefit payments to entities or individuals providing funeral and burial services, and amounts of funeral and burial benefit payments, shall be 10 times higher than the base pay;

c) The base pay referred to in Point a, b Clause 2 of this Article is the base pay in the month when firefighters assigned or mobilised to directly or indirectly perform firefighting tasks are dead.

Article 5. Assessment of eligibility to be entitled to war disablement or similar pensions

1. Firefighters directly or indirectly performing firefighting tasks, if injured and eligible for being certified as war invalids or persons entitled to benefits the same as those granted to war invalids, as provided by Clause 1 Article 17 of the Government's Decree No. 31/2013/ND-CP dated April 9, 2013 specifying and guiding implementation of certain articles of the Ordinance on Preferential Treatment Policy for persons rendering meritorious revolutionary services, shall be entitled to war disablement or similar benefits granted by regulatory authorities.

2. Their host entities shall be responsible for preparing application and completing application procedures for war invalidity or similar benefits paid to firefighters who are injured due to being assigned or mobilised to directly or indirectly perform firefighting tasks. 

In the event that they have been certified as war invalids or persons eligible for benefits the same as those granted to war invalids, application documents and procedures for war invalidity or similar benefits shall be subject to legislative regulations on the preferential treatment policy for persons rendering meritorious revolutionary services.

Article 6. Assessment of eligibility to be recognized as deceased revolutionary soldiers

1. Firefighters directly or indirectly performing firefighting tasks, if deceased and eligible for being recognized as deceased revolutionary soldiers, as provided by Clause 1 Article 17 of the Government's Decree No. 31/2013/ND-CP dated April 9, 2013 specifying and guiding implementation of certain articles of the Ordinance on Preferential Treatment Policy, shall be considered or recognized as deceased revolutionary soldiers by regulatory authorities.

2. Their host entities shall be responsible for preparing application and completing application procedures for grant of recognition of deceased revolutionary soldiers to firefighters who are dead due to being assigned or mobilised to directly or indirectly perform firefighting tasks. 

Document requirements and procedures for application for recognition of deceased revolutionary soldiers shall be subject to laws on the preferential treatment policy for persons rendering meritorious revolutionary services.

Chapter III

BENEFIT POLICY FOR OFFICERS OR MEMBERS OF NEIGHBORHOOD-PROTECTING TEAMS, INTRAMURAL AND SECTORAL FIREFIGHTING TEAMS WHO PARTICIPATE IN FIRE DRILLS OR FIRE TRAINING COURSES

Article 7. Benefits paid during the duration of participation in fire drills or fire training courses

Officers or members of neighborhood-protecting teams shall be entitled to the amount of one-time benefit payments paid by their host entities which is 1.5 times higher than their base pay calculated for one day of participation in fire drills or fire training courses.

The daily base pay is calculated as the monthly base pay stipulated by the Government divided by 22 days.

Article 8. Wages or bonuses paid during the duration of participation in fire drills or fire training courses

Officers or members of intramural and sectoral firefighting teams shall be paid wages or bonuses by their host entities during the duration of their participation in fire drills or fire training courses, subject to the following provisions:

1. Wages (including wage amounts, allowances and other supplementary amounts, if any) paid during the duration of participation in fire drills or fire training courses. Wages used as the basis for calculation of amounts of payments for their time spent on participating in fire drills or fire training courses shall be subject to legislative regulations on wage or salary and statutes of salary or wage payment of host entities.

2. The amount of bonus payment paid during the duration of participation in fire drills or fire training courses shall be 0.5 times as much as the amount of wage payment. 

The daily wage amount used as the basis for calculating such amount of bonus payment shall be determined as follows:

a) As for host entities complying with the pay scheme regulated by the State, such amount is calculated as the current factor of wage or allowance (if any) in the salary scale or payroll issued together with the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004 on the pay scheme applied to officers, public servants or employees and armed forces multiplied by the base wage amount divided by 22 days; 

b) As for host entities complying with the pay scheme decided by employers, such amount is calculated as the daily wage amount currently paid to employees in accordance with labor laws on salary and wage.

Article 9. Benefits policy for officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams who suffer accidents during the period of participation in fire drills or fire training courses

1. Participants in compulsory social insurance, if they have accidents or suffer from harm to their health when participating in fire drills or fire training courses, shall be entitled to occupational accident benefit payments made by the social security agency in accordance with laws on social security.

2. Those who have yet to participate in compulsory social insurance or are currently paid retirement pensions or monthly social security benefit payments, or those who have already received one-time social security benefit payments, if being injured due to participation in fire drills or fire training courses, shall be paid the following benefits by their host entities:

a) Assessment of level of work incapacity;

b) One-time benefit payments, which vary depending on level of work incapacity, to those subject to 5 – 30% of work incapacity.   The benefit amount is calculated as follows: in the case of 5% of work incapacity, such amount is 05 times as much as the base pay amount. In the case of additional 1% of work incapacity, payment of such amount is equal to the initial amount plus the amount which is 0.5 times as much as the base pay amount;

c) Monthly benefit payments, which vary depending on level of work incapacity, to those subject to more than 31% of work incapacity.   The benefit amount is calculated as follows: in the case of 31% of work incapacity, such amount is 30% times as much as the base pay amount. In the case of additional 1% of work incapacity, payment of such amount is equal to the initial amount plus the amount which is 2% of the base pay amount;

d) Provision of support equipment for daily life activities, or orthopaedic instruments on yearly basis, depending on seriousness levels of injury or disability;    

dd) Service benefit payments which are equal to the base pay amounts to those who are subject to at least 81% of work incapacity, suffer rachioplegia, one or two-eye vision impairment, or two-limb amputation or impairment, or mental illnesses;

e) 5 – 10 days off for health rehabilitation and recovery granted to those who have experienced complete treatment of their injuries or disabilities, but have yet to fully recover their health.     The daily benefit payment is calculated as 25% of the base pay amount if they rest for health recovery and rehabilitation at home; equal to 40% of the base pay amount if they rest for health recovery and rehabilitation at healthcare service establishments.

3. The duration of such benefit payments referred to in Point b, c and dd of this Article shall begin from the month in which accident sufferers have already undergone medical treatment processes and are discharged from healthcare service establishments. In the event that disabilities or injuries recur and after re-assessment of level of work incapacity occurs, the new duration calculated for benefit payments shall begin from the month in which the conclusion of the Medical Examination Council is obtained.

Article 10. Benefit policy for officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams who are dead during the period of participation in fire drills or fire training courses

1. With regard to those who have participated in social insurance, those who currently receive retirement pensions or social insurance benefits on a monthly basis, whether dead while participating in fire drills or fire training courses, or dead during the period of initial treatment due to accidents occurring during the period of participation in fire drills or fire training courses, their relatives shall be entitled to monthly or one-time death benefit payments paid by the social security agency; entities or individuals providing funeral and burial services shall be entitled to funeral and burial benefit payments in accordance with laws on social security.

2. Those who have not participated in social insurance, those who have already received one-time payments of social security benefits, whether dead while participating in fire drills or fire training courses, or dead during the period of initial treatment due to accidents occurring during the duration of participation in fire drills or fire training courses, shall be entitled to the following payments made by their host entities:

a) One-time death benefit payment equal to 36 times higher than the base pay amount;

b) One-time death benefit payment, monthly death benefit payment or funeral and burial benefit payment, referred to in Clause 2 Article 4 hereof.

Chapter IV

FUND FOR PAYMENT OF THESE BENEFITS

Article 11. Funds derived from the health insurance and social security fund

1. The health insurance fund shall be responsible for paying medical examination or treatment costs in accordance with laws on social security as referred to in Point a Clause 1 Article 3 hereof.

2. The social security fund shall be responsible for paying benefits referred to in Point a Clause 2 Article 3, Clause 1 Article 4, Clause 1 Article 9 and Clause 1 Article 10 hereof.

Article 12. Funds derived from the state budget

The central budget shall provide appropriations included in the annual estimate for the Ministry of Labor, War Invalids and Social Affairs to pay benefits to firefighters assigned or mobilised to directly or indirectly perform firefighting tasks if they are injured or dead and meet eligibility requirements for war disablement or similar benefits as referred to in Article 5, or are recognized as deceased revolutionary soldiers as referred to in Article 6 hereof.

Estimation of, compliance with and settlement of statutory funds shall be subject to laws and regulations on the state budget that govern persons rendering meritorious revolutionary services.

Article 13. Funds derived from host entities

1. Host entities shall pay benefits stipulated by this Joint Circular, including:

a) Co-payment or other costs which are not included in the list of costs covered by health insurance as provided by Clause 1 Article 3; medical examination and treatment costs referred to in Point b Clause 1 Article 3;

b) Benefits referred to in Point b Clause 2 Article 3; Clause 2 Article 4; Article 7;

c) Salaries and bonuses referred to in Article 8 hereof;

d) Benefits referred to in Clause 2 Article 9; Clause 2 Article 10.

2. As for host entities of which operating expenses are covered by the state budget, payments for benefits referred to in Clause 1 of this Article shall be covered by the state budget according to assigned amounts included in the annual estimate of each host entity. Estimation of, compliance with and settlement of statutory funds shall be subject to laws and regulations on the state budget.

3. As for host entities of which operating expenses are not covered by the state budget, payments for benefits referred to in Clause 1 of this Article shall be recorded as reasonable costs thereof.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14. Entry into force

1. This Joint Circular shall enter into force from January 28, 2016.

2. Benefits stipulated by Clause 1 Article 3, Article 4, Article 7 and Article 8; regulations on assessment of work incapacity, rest for health recovery or rehabilitation of officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams during the period of participation in fire drills or fire training courses under the provisions of Article 9, Article 10 hereof shall be applied from the date of entry into force of the Decree No. 79/2014/ND-CP.

Article 15. Implementation responsibility

1. Persons having authority over assignment or mobilization shall be responsible for reporting, investigating and making statistics of accidents, giving certification in case of accidents, injuries or deaths; collaborating with host entities and relevant agencies in preparing application and completing application procedures for benefits granted to firefighters assigned or mobilised to directly or indirectly perform firefighting tasks, officers or members of neighborhood-protecting teams, intramural and sectoral firefighting teams participating in fire drills or fire training courses under the provisions of this Joint Circular.  

2. Host entities shall undertake and collaborate with entities or individuals concerned in preparation of application for benefits; assurance of adequacy of funds and payment of benefits within their jurisdiction.

3. The Vietnam Social Security shall guide host and other entities and individuals concerned to prepare application, implement processes and procedures for benefits; pay benefits within the delegated authority thereof in accordance with provisions laid down herein.

In the course of implementation of this Joint Circular, it is recommended that entities and individuals must send feedbacks to the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of Finance for any amendment to or timely guidance on this Joint Circular./.