Thông tư 11-LĐTBXH/TT-1997 hướng dẫn áp dụng chế độ bảo hiểm xã hội đối với người làm nghề hoặc công việc thuộc danh mục nghề, công việc đặc biệt nặng nhọc, độc hại, nguy hiểm và nặng nhọc, độc hại, nguy hiểm do Bộ Lao động, thương binh và xã hội ban hành

CIRCULAR

GUIDING THE SOCIAL INSURANCE REGIMES APPLICABLE TO PERSONS ENGAGED IN OCCUPATIONS OR WORK LISTED AS EXTRA-HEAVY, -HARMFUL, -HAZARDOUS AND HEAVY, HARMFUL, HAZARDOUS OCCUPATIONS OR WORK

Pursuant to the Regulation on Social Insurance issued together with Decree No.12-CP of January 26, 1995 and the Regulation on Social Insurance for Military Officers, Career Military Personnel, Non-Commissioned Officers and Soldiers of the Peoples Army and the Peoples Public Security issued together with Decree No.45-CP of July 15, 1995 of the Government;Pursuant to Decisions No.1453/LDTBXH-TT of October 13, 1995, No.915/LDTBXH -TT of July 30, 1996, No.1629/LDTBXH-TT of December 26, 1996, No.1085/LDTBXH-TT of September 6, 1996 and No.44/LDTBXH-TT of January 29, 1997 of the Ministry of Labor, War Invalids and Social Affairs issuing provisional lists of extra-heavy, harmful, hazardous occupations and work and heavy, harmful, hazardous occupations or work;The Ministry of Labor, War Invalids and Social Affairs guides the application of social insurance regimes for persons engaged in extra-heavy, -harmful, -hazardous occupations or work and heavy, harmful, hazardous occupations or work, as follows:

I. APPLICABLE SUBJECTS:

The applicable subjects are persons who are actually engaged in extra-heavy, harmful, hazardous occupations or work and heavy, harmful, hazardous occupations or work in the List of Occupations set by the Ministry of Labor, War Invalids and Social Affairs and who are subject to compulsory social insurance provided for in the following documents:

- The Regulation on Social Insurance issued together with Decree No.12-CP of January 26, 1995 of the Government and Circular No.06/LDTBXH-TT of April 4, 1995 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of the Regulation on Social Insurance;

- The Regulation on Social Insurance for military officers, professional military personnel, non-commissioned officers and soldiers of the Peoples Army and the Peoples Police, issued together with Decree No.45-CP of July 15, 1995 of the Government and inter-ministerial Circular No.29/LB-TT of November 2, 1995 of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Defense and the Ministry of the Interior guiding the implementation of the Regulation on Social Insurance.

II. METHOD FOR CALCULATING TIME OF BEING ENGAGED IN EXTRA-HEAVY, -HARMFUL, -HAZARDOUS CCUPATIONS OR WORK, HEAVY, HARMFUL, HAZARDOUS OCCUPATIONS OR WORK SO AS TO ENJOY THE SOCIAL INSURANCE

1. Principle for time calculation.

On the basis of the occupations or work included in the List issued together with the Decisions of the Ministry of Labor, War Invalids and Social Affairs, the time calculation shall be applied as follows:

a- The time a person has spent on performing an occupation or a work of category V or category VI shall be calculated as the time spent on performing extra-heavy, harmful, hazardous occupations or work;

b- The time a person has spent on performing an occupation or a work of category IV shall be calculated as the time spent on performing a heavy, harmful, hazardous occupation or work;

2. Method of calculating time for persons who have spent a period of time performing extra-heavy, harmful, hazardous occupations or work and heavy, harmful, hazardous occupations or work prior to the effective date of this Circular.

a/ For persons who have been engaged in occupations or work which were formerly (prior to the effective date of this Circular) put in category IV, and now remain in category IV under the new List of Occupations, the time shall be calculated according to category IV from the date they began performing such occupations or work.

For example:

A person has since 1960 performed an occupation which wad formerly in category IV and now remains in category IV under the new List of Occupations; his/her time of being engaged in the heavy, harmful, hazardous occupation shall be calculated from 1960 up to now.

b/ For persons who have been in occupations or work which were formerly in category V and are now in category V or category VI under the new List of Occupations, their duration shall be calculated according to category V or VI from the date they began performing such occupations or work.

For example:

A person has since 1970 been engaged in an occupation which was formerly in category V and now remains in category V under the new List of Occupations, his/her time of performing the extra-heavy occupation shall be calculated from 1970 up to now.

c/ For a person who has been engaged in the same occupation or work, which was formerly not categorized but is now put in category IV or higher category, the time he/she has been engaged in such occupation or work shall be calculated according to category IV or higher category from the date he/she began performing such occupation or work.

For example:

A person who has since 1992 worked as a brick layer in Truong Sa (the Spratley archipelagos) and his/her job was formerly not categorized, which is now put in category IV, his/her duration of performing such occupation shall be calculated from 1992 up to now according to category IV.

d/ For persons who have been engaged in occupations or work which were in lower categories and now put in higher categories under the new List of Occupations, their duration shall be calculated according to the higher categories from the date began performing such occupations or work.

For example:

A person has since 1972 been engaged in installing and repairing underground communication cable, which was formerly put in category IV but is now put in category V under Decision No.1453/LDTBXH-QD of October 13, 1995, his/her time for performing such occupation shall be calculated from 1972 up to now according to category V.

e/ For persons who have been engaged in occupations or work which were formerly put in higher categories, but are now in lower categories under the new List of Occupations, their duration of being engaged in such occupations or work shall be calculated according to the previous higher categories from the time they began performing such occupations or work up to now and according to the new lower categories from now on.

For example:

An armyman has since 1980 worked as petroleum store-keeper. The period from 1980 up to now shall be calculated according to category V under the provisions in the appendix attached to inter-ministerial Circular No.313/TT-LB of March 3, 194 of the Ministry of Defense, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance. The period from now on shall be calculated according to category IV under the List of Occupations issued together with Decision No.1085/LDTBXH-QD of September 6, 1996 of the Ministry of Labor, War Invalids and Social Affairs. The time calculation method applicable to such armymen is as follows:

- The period from 1980 up to now shall be calculated according to category V (extra-heavy, -harmful and -hazardous occupations);

- The period from now on shall be calculated under category IV (heavy, harmful, hazardous occupations).

III. APPLICATION OF SOCIAL INSURANCE REGIMES

For persons who are engaged in extra-heavy, -harmful, -hazardous occupations or work and heavy, harmful, hazardous occupations or work and are entitled to enjoy social insurance regimes like other laborers; and at the same time are entitled to enjoy regimes specified in the Regulation on Social Insurance issued together with Decree No.12-CP of January 26, 1995 of the Government and Circular No.06/LDTBXH-TT of April 4, 1995 of the Ministry of Labor, War Invalids and Social Affairs or the Regulation on Social Insurance for Officers and Soldiers of the Peoples Army and the Peoples Police, issued together with Decree No.45-CP of July 15, 1995 of the Government and inter-ministerial Circular No.29/LB-TT of November 2, 195 of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Defense and the Ministry of the Interior.

IV. THE ORGANIZATION OF IMPLEMENTATION

This Circular takes effect after 15 days from the date of its signing. The earlier stipulations contrary to this Circular are now annulled.

For persons who have retired and been entitled to social insurance regimes prior to the effective date of this Circular, their working period shall not be re-calculated under this Circular.

If problems arise during the course of implementation, they must be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and solution.

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