Circular 28/2013/ttlt-Byt-Bldtbxh: Regulating The Rate Of Injury To The Body Caused By Injury, Disease, Illness, And Occupational Disease

Original Language Title: Thông tư liên tịch 28/2013/TTLT-BYT-BLĐTBXH: Quy định tỷ lệ tổn thương cơ thể do thương tích, bệnh, tật và bệnh nghề nghiệp

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MINISTRY OF HEALTH-MINISTRY OF LABOR-COMMERCE AND SOCIETY
Number: 28 /2013/TTLT-BYT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 27, 2013

FEDERAL INFORMATION

Regulation of body injury rates by injury,

Disease, disease, and occupational diseases.

________________

The National Labor Code base 10 /2012/QH13 June 18, 2012;

Number of Social Insurance 71 /2006/QH11 June 29, 2006;

The French apartment is a public favor with the revolution. 26 /2005/PL-UBTVQH11 June 29, 2005 and the French command amended, adding some of the provisions of the Ordinances of Public Incentives to the digital revolution. 04 /2012/UBTVQH13 July 16, 2012;

Base of Protocol 45 /2013/NĐ-CP 10 May 2013 of the Government rules out certain provisions of the Labor Code of the time of work, time of rest and safety of labor, labor hygiene;

Number Protocol 31 /2013/NĐ-CP April 9, 2013 of the Government rules the details, instructs the implementation of some of the provisions of the Ordinances of the Public Privilege of the Revolution;

Base of Protocol 63 /2012/NĐ-CP August 31, 2012 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Health;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

At the suggestion of the Bureau of Management, Disposition, the Chief of the Legal Affairs, the Department of Health and the Bureau of Public Safety, the Bureau of People with Public Affairs, the Legal Affairs Department, the Ministry of Labor and Social Services;

Minister of Health, Minister of Labor-Trade and Social Affairs issued a joint venture that regulates the rate of bodily harm due to injury, disease, disease, and occupational diseases.

What? 1. The regulation of the body injury rate

1. The applicable Board pursues the rate of injury to the body applied in the medical examiner, the forensic examiner and the mental health examiner as follows: Table 1. Body damage rate due to injury; Table 2. Rate of body injury due to disease, defects; Table 3. The rate of bodily harm due to occupational illness.

2. In this message, the body injury rate (later known as: TTCT) is generally used for the rate of labor impairment, injury rate, injury rate, disease rate, health damage rate.

What? 2. The principle of determining the body injury rate

1. The total percentage (%) TTCT of a person is not exceeded 100%.

2. Each of the body damage is only calculated at the rate of the percentage of the body.

For example: Mr. Nguyen Văn A suffered a complete nerve damage that caused the muscle to atrophy the right hand muscle, then the percentage of his body injury, Nguyen Van A, was calculated only in proportion to the total nerve damage of the universe (31-35%). In this case, it is not calculated that the ratio of the lesions to the right hand muscle atrophy, as the hand muscle atrophy must be due to the consequences of the underlying nerve damage that has been calculated above.

3. If multiple TTCT is a symptom of a syndrome or belonging to a disease that is specified in the specified Rate Table at Article 1 This is the ratio of the rate of TTCT to be determined by the syndrome or by that disease.

For example: Mr. Nguyen Văn B was identified as instable treatment schizophrenia, which has hallucinations of hallucination and muscle tension, then the rate of percentage of TTCT is calculated according to the non-stable treatment of mental illness (51-55%); it is not identified. The TTCT is by plus the percentage of the hallucinations TTCT and the ratio of% TTCT to stress the muscle.

4. If the body is determined to have 1 (one) of damage, the rate of% TTCT is the highest limit of the percentage of that body injury.

For example, he has a 1/3 amputated text between the right arm, as specified in Table 1, Article 1 This is a rate of 61-65%, and the TCTCT rate of Mr. Nguyen Văn C is identified as 65%.

5. When the aggregation of the ratio of% TTCT, is only given the upper limit of the highest rate of TTCT once, from the second TTCT onwards, take the lower limit of the ratio of% TTCT to calculate, according to the sequence from the highest percentage of TTCT to the lowest rate of TTCT.

6. The percentage of TTCT is integer. When calculating the ratio of% TTCT only crosses the decimal to one digit. If the decimal digit is greater than or equal to 5, then the number is 1 unit.

What? 3. The method of determining the body injury rate

1. The determination of the body injury rate is calculated according to the following formula:

Total ratio of% TTCT = T1 + T2 + T3 + ... + Tn

In it:

T1: The rate of T1% of the first injury; T1 is determined to be the highest percentage of TTCT in TTCT.

T2: Rate of the T2% of the second injury; T2 = (100-T1) x limit below of the 2-100% TTCT.

T3: Rate of T3% of the third injury; T3 = (100-T1-T2) x limit below of TTCT by 3/100%.

Tn: The rate of% TTCT of the second injury, Tn = {100-T1-T2-T3-... -T (n-1)} the lower limit of TTCT n/100%.

2. For example: Mr. Nguyen Van D is determined to have 03 TTCT:

-Amputate 1/3 between right arm, the ratio of% TTCT is 61-65%.

-That sounds like an average of two ears, the percentage of TTCT is 21-25%.

-Left eye blind has not removed the eyesight, the ratio of the percentage of TTCT is 41%.

Applying the above method, the total percentage of Mr. Nguyen Van D's TTCT is calculated as follows:

T1 = 65%,

T2 = (100-65) x 41/100% = 14.35%, rounding up the number of 14.0%.

T3 = (100-65-14, 0) x 21/100% = 4.41%, rounding up the number 4.0%.

The total TTCT rate of Mr. VD is 65% + 14.0% + 4% = 83%

His TTCT rate was 83%.

What? 4. The transition clause

The case of the medical examiner relocating the reissue, the examination of the welfare judge due to disability, disease, defects that the percentage of TTCT identified when applied to this Notice is lower than the rate of% TTCT has been concluded in accordance with the laws of the law. % TTCT due to a disability, illness, disability prior to this time of time is in effect, holding the ratio of the% TTCT that the person has previously identified.

What? 5. Effect of execution

1. This message has been in effect since November 15, 2013.

2. The 12-TTLB issue dated July 26, 1995 of the United Health-Ministry of Labor-Trade and Social Affairs regulation on the standard of disability and disease criteria expires since this Private Day is in effect. Abolition of the loss of labor rates caused by occupational diseases was issued with the Ministry of Information issued by the Ministry of Health (29 /TT-LB on December 25, 1991) of the Ministry of Health, Ministry of Labor, Trade and Social Affairs, and the Corporation of the Workers ' Union of Vietnam complements some diseases. occupational; 808 /TTLB on 19 May 1976 of the Ministry of Health, Ministry of Trade and Social Affairs, the Corporation of Vietnam provided a number of occupational diseases and the regime to treat state employees with occupational diseases; Decision No. 1 and Social Service. 27 /2006/QĐ-BYT September 21, 2006, of the Minister of Health on the addition of 4 occupational diseases to the Catalogue of Occupational Diseases; Decision No. 167 /1997/QĐ-BYT April 4, 1997, of the Minister of Health for the addition of 5 occupational diseases to the category of occupational diseases.

What? 6. Organization to execute

1. The Department of Management, which is responsible for the Department of Health, is responsible for directing, checking out the positions of the Department of Health, the Department of Health, the Central City, the Central City, and the Department of Health, the actual implementation of this information.

2. The Bureau of Labor Safety, the Bureau of People with the Labor Department of Labor and Social Affairs, the mandate is delivered, which is responsible for directing, checking, and the current administration on this Smart.

In the course of implementation if there is difficulty, entangrium, units, localities need to reflect promptly on the Ministry of Health, the Ministry of Labor-Trade and Society to be guided, resolved ./.

KT. Minister of Health.
Chief.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

(signed)

(signed)

Nguyen Write

Master Hung