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Circular 02/2008/ttlt/bca-Bqp-Bldtbxh: Modification, The Addition Of A Score Of Circular No. 148/ttlt/bca-Bqp-Bldtbxh On September 14, 2007 Guide To Perform A Number Of Articles Of The Ngh

Original Language Title: Thông tư liên tịch 02/2009/TTLT/BQP-BCA-BLĐTBXH: Sửa đổi, bổ sung một số điểm của Thông tư liên tịch số 148/2007/TTLT/BQP-BCA-BLĐTBXH ngày 14 tháng 9 năm 2007 hướng dẫn thực hiện một số điều của Ngh

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The level of deterioration of labor before the assessment rate reduced the ability of labor after the examiner again once the subsidy Level From 5% to 10% From 10% or less are not entitled to new subsidies From 11% to 20% 4, general minimum wage From 21% to 30% of the general minimum wage may 8 From 11% to 20% From 20% or down does not affect new subsidies From 21% to 30% of the general minimum wage From April 21 to 30% From 30% down Don't enjoy subsidies-case after the judge had reduced the labor ability level from 30% or more, then the support of labor accidents, occupational disease every month. Enjoy rates as stipulated in table a2 of this weather.

Example 4: comrade Lieutenant Nguyen Tuan Anh of labor accident in December 2006 with a decline in the ability of labor is 25%, has labor support, once under the provisions of Decree No. 45/CP on 15/7/1995 of the Government is the same x 12 months = 450,000 5,400,000. In December 2008 due to recurrent injuries, Mr. Nguyen Tuan Anh is the assessment, the level of potential new workers is 32%. As a rule, Mr. Nguyen Tuan Anh was transferred to workers ' compensation benefits to the Group's monthly 1 from December 2008, the general minimum wage in December 2008 is VND 540,000 per month, Mr. Nguyen Tuan Anh is entitled to a monthly allowance is: 540.000 VND x 0.4 month = 216,000/month.

A2) for workers to have workers ' compensation benefits, occupational disease every month according to the provisions of the law on social insurance before 1 January 2007, after the assessment, depending on the results of the assessment rate decreased labor ability, are entitled to a monthly allowance according to the following rules : the level of deterioration of labour monthly allowance Group 1: From 31% to 40%, 0.4 general minimum wage Group 2: From 41% to 50%, the general minimum wage 0.6 Group 3: From 51% to 60%, 0.8 general minimum wage Group 4: From 61% to 70% of the 1.0, the general minimum wage Group 5 : From 71% to 80%, 1.2 General minimum wage Group 6: From 81% to 90%, 1.4 general minimum wage Group 7: From 91% to 100%, the general minimum wage a3 1.6) for workers to have workers ' compensation benefits, occupational disease once the provisions of article 21 of Decree 66/2007/ND-CP :-after the assessment, the level of deterioration of labor increase compared with earlier and under 31% of the allowances. Once allowance is calculated by the difference between the level of subsidies calculated according to the level of potential new workers with a pension calculated according to the level of the labour potential.

Example 5: comrade Lieutenant Chile Posted Seven, labour accident on 14 June 2007, hospital treatment, on 20 July 2007 to discharge of the Unit continued the work. Salary, social insurance premiums in May 2007 of Comrade Lê Posted Seven is 3,078,000 copper, working time as of May 2007 is 14 years 7 months. On September 14, 2007 the Council of medical examiners concluded labor ability decline 21% and was entitled to workers ' compensation subsidy once under the provisions of Decree No. 68/2008/ND-CP DATED February 2009, by the ... injury recurrence was assessed, the level of potential new workers is 30%. Assuming the general minimum wage in February 2009 was 540,000 Dong per month, Comrade Lê Posted Seven support once the following: {5 x 540.000 VND + (30-5) x 0.5 x 540.000 VND} {5 x 540.000 VND + (21-5) x 0.5 x 540.000 VND} = 12.5 x 540,000 VND VND 540,000 Dong 2,430,000 = 8 x-after the judge again , the level of labour ability decline from 31% over the monthly pension entitlement according to the instructions in paragraph 7 of part III Section A circular No. 148/TTLT/BCA-BQP-BLDTBXH, in that the level of subsidies calculated according to the level of potential workers is calculated according to the level of potential new workers; the level of subsidies calculated according to number of years social insurance premiums are calculated according to the number of years of social insurance, wages and social insurance premiums calculated allowance once before.

Example 6: Well the case of Comrade Lieutenant Chile Posted Seven mentioned in example 5. February 2009 due to recurrent injuries, Comrade Lê Posted Seven is the assessment, the level of potential new workers is 35%. Assuming the general minimum wage in February 2009 is VND 540,000 per month, Comrade Lê Posted Seven enjoy a monthly allowance as follows:-the level of subsidies calculated according to the level of potential new workers (35%) is: 0.3 x VND 540,000 + (35-31) x 0.02 x 540,000 DD = DD + 162,000 43,200 DD = 205,200/month.

-The level of subsidies calculated according to number of years social insurance (as of May 2007): 0.005 x 3,078,000 DD + (14-1) x 0.003 x 3,078,000 VND VND VND = 120,042 + 15,390 = 135,432/month.

-Monthly allowance of Comrade Lê Posted Seven is: VND VND = 135,432 + 205,200 340,632/month.

A4) for workers to have workers ' compensation benefits, the monthly occupational diseases prescribed in article 22 of Decree 66/2007/ND-CP, when inspections are reduced ability to change labor, the new monthly allowance is calculated according to the provisions in clause 7 Item III of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH in which the level of subsidies calculated according to the level of potential workers is calculated according to the level of potential new workers; the level of subsidies calculated according to the number of years of social insurance is the level we enjoy.

Example 7: the case of Comrade Lieutenant Chile Posted Seven mentioned in example 5 but the level of deterioration of labour by the Board of medical examiners concluded on 14/9/2007 is 31%, being allowances monthly workers ' compensation under article 22 of Decree 66/2007/ND-CP in which the level of subsidies calculated according to number of years social insurance currently enjoy is 135,432/month. Due to recurrent injuries, may 02 2009 comrade Lê Posted Seven is the assessment, the level of potential new workers is 40%. Assuming the general minimum wage in February 2009 is VND 540,000 per month, Comrade Lê Posted Seven enjoy a monthly allowance as follows:-the level of subsidies calculated according to the level of potential new workers (40%) is: 0.3 x at VND 540,000 + (40-31) x 0.02 x 540,000 DD = DD + 162,000 97,200 DD = 259,200/month.

-The level of subsidies calculated according to number of years social insurance is current levels enjoyed by 135,432/month.

-Monthly allowance of Comrade Lê Posted Seven is: VND VND = 135,432 + 259,200 394,632/month.

A5) labor accident allowance, occupational diseases for workers are declining levels back inspection the ability of labor regulation at this point are calculated according to the general minimum wage in April have concluded the examination of the Board of medical examiners.

b the aggregate assessment level) the deterioration of labour: conditions to assess the aggregate level of deterioration of labour provisions in clause 2 Article 41 of law of social insurance.

Labor accident allowance, occupational diseases for workers are aggregate assessment levels of deterioration of labor be directed as follows: for the labourer has to support the labor accidents, occupational disease once or monthly from January 2007 onwards the labor accident new occupational diseases, depending on the level of deterioration due to labor accidents, occupational disease after the general assessment to address workers ' compensation assistance, occupational diseases prescribed in clause 6, clause 7 Item III of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH in which: b1) level of subsidies calculated according to the level of potential new workers is calculated according to the general minimum wage in the month out of treatment of labor accident, occupational disease or, at last, have concluded the general assessment of the Board of medical examiners if not inpatient treatment.

B2) allowance calculated according to number of years social insurance premiums after the general assessment is calculated according to the number of years of social insurance, wages and social insurance premiums of adjacent months before the holiday to treat labor accidents, occupational disease.

Example 8: Comrade DENG Xiaoping Hung, employee of the Government body, the labor accident in May 2007, the deterioration of labor was 32%, being allowances monthly workers ' compensation under article 22 of Decree 66/2007/ND-CP 01/2009 Comrade DENG Xiaoping Hung labor accident times 2 , was treated at the hospital. After treatment, February 2009 be released about units continue the work, in March 2009 was general assessment at the medical examiners with the deterioration of labor after the general assessment was 36%. As of December 2008, Comrade DENG Xiaoping Hung there 15 years 6 months social insurance, salary, social insurance premiums 12/2008 is VND 2,452,950 (coefficient of 3.95; 15%) in craft seniority, assuming the general minimum wage in February 2009 is VND 540,000 per month, the monthly subsidies of Comrade DENG Xiaoping Hung after the general assessment was calculated as follows :-the level of subsidies calculated according to the level of potential new workers (36%) after the general assessment is: 0.3 x at VND 540,000 + (36-31) x 0.02 x 540,000 VND VND VND 54,000 + 162,000 = = 216,000/month.

-The level of subsidies calculated according to number of years social insurance (as of December 2008): 0.005 x 2,452,950/e + (15-1) x 0.003 x 2,452,950 VND VND VND 103,024 12,265 = + = 115,289/month.

-Monthly allowance of Comrade DENG Xiaoping Hung is: 216,000 + 115,289 = 331,289 VND VND/month.

c) time allowance:-time workers ' compensation benefits, occupational diseases after inspection left the level of deterioration of labor is counted since October have the conclusions of the Board of medical examiners;


-Time workers ' compensation benefits, occupational disease after the general assessment of the level of labor potential is calculated from the month the employee treatment is complete, discharge of treated industrial accident, occupational disease or, at last, have concluded the general assessment of the Board of medical examiners if not inpatient treatment.

d) responsible for implementation: as proposed by the heads of agencies, direct management unit of workers, social security, the Ministry of defence, the Ministry of public security, social security, social insurance body responsible Government introduces workers to the Board of medical examiners to judge or general assessment accidents occupational diseases ".

2. Amendments and supplements Section 8 clause III of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH DATED as follows: "8. the grant of aid activities, orthotic granting aid activities, orthotic for workers in labor accident, occupational disease stipulated in article 24 of Decree 66/2007/ND-CP DATED as follows workers suffer accidents, occupational disease that hurt the functioning of the body depending on injury, illness was granted the money to buy the means of assistance and orthopedic instruments as specified in the basis of Orthopedics and rehabilitation Department of the labour sector and Social Affairs or of provincial hospital , city (known as the basis of adjustment and rehabilitation), namely: a) mode of money buying the means of assistance activities, orthotic: a1) for people with amputated legs, amputated arms, paralyzed:-leg sufferers are granted money to buy fake legs, the limit is 3 years (if resident in the mountainous the higher the annual term, the region is 2 years); each year are granted additional 170,000 contract to purchase extra items;

-Who lost both feet or half-foot Mount fake leg or being short feet, the feet were crooked deviation be granted money to buy a pair of Orthopedic shoes or a pair of Orthopedic shoes, the limit is 2 years;

-People with amputated hands are granted money to buy prosthetic, the limit is 5 years; each year are granted more 60,000 Dong to buy the extra items;

-People paralyzed or paralyzed people or list 2 foot or both feet amputated is no longer the ability to manually move the granted amount to buy a wheelchair or wheelchairs; each year are granted more 300,000 contract for maintenance of vehicles.

The level of money granted to buy aid activities, orthotic made as means of assistance and Orthotics in the appendix to this circular.

A2) for people with broken eyes, broken teeth, broken People:-Deaf eyes are granted money once to insert the eye according to the actual documents of the basis adjustment and rehabilitation where the treatment;

-Who fractured teeth are granted money for dentures with teeth 1/1,000,000 price, the limit is 5 years;

-Who are deaf in both ears are granted 500,000 Dong to buy hearing aids, the limit is 3 years.

b) modes of payment money train, airport workers specified in point a above is paid once the money train, bus and on State regulation of the prices with the common transport from the place of residence or from the workplace to the Orthopedic facility, rehabilitation.

c) the responsibility of the Ministry of national defense, social security, social insurance, social insurance government body:-Level referral to chiropractic institutions and rehabilitation for people who are directly managed, in working-level pages are the means fit the function get hurt;

-Funding to buy the vehicles are granted and more as defined in point a above; payment of the ship the car back as defined in point b above. "

3. additional account 10 in section III of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH DATED as follows: "10. Convalescence, rehabilitation after treatment of labor accidents, occupational diseases, convalescence rehabilitation after treatment of labor accidents, occupational diseases specified in paragraph 1 Article 28 of Decree 66/2007/ND-CP, do the following: during the period of 60 days, from the date of conclusion of the Board of medical examiners that health is still weak, the employees are vacation packages, restore health. Time and the level of enjoyment of strength, restore health to follow the provisions of clause 2, Article 28 paragraph 3 of Decree 66/2007/ND-CP DATED. "

IV. PENSION REGIME 1. Additional point e in paragraph 6 section IV of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH DATED as follows: "e) in time to participate in social insurance, workers from the two stages and over subject to make salary mode due to State regulation, the calculation of the average salary in the public sector are calculated according to the provisions of point a , b, c and d above depends on the time of the first workers to join the compulsory social insurance.

Example 9: comrade Lieutenant CN Mai Thi Hong, has taken place the process variables involved social insurance are as follows:-From September 5, 1994 to December 2003 are secondary school teachers;

-From January 2004 the holiday did not participate in the social insurance, reserve the time involved previous social insurance (9, 11);

-September 2006 was recruited into army units, transfer the folded middle salary group 1, tier 3, 4.10, the wage coefficient Lieutenant CN.

So, later when tackling social security regime, the average salary, social insurance premiums for the calculation of pensions, subsidies once upon retirement or pension once when serving is calculated on average, wages of the last 5 years (60 months) before comrade Mai Hong retired or serving the first time (by comrades Hong insured mandatory social was February 1994 month. "

2. additional account 10, paragraph 11, paragraph 12 in section IV of part A of the circular No. 148/TTLT/BCA-BQP-BLDTBXH DATED as follows: "10. For these cases the employee sentenced to prison from January 1995 onwards or unauthorized exit or the Court declared as missing, after finishing a fine project Executive in prison or on water settled or been declared missing Court return , if unsolved, social security mode for the time involved, the previous social insurance agency, the old unit is responsible for social insurance reports the Ministry of defence, the Ministry of public security, social security, social insurance body the Government granted the shared social insurance (if not yet granted the shared social insurance) and solve the retirement mode or edit mode social insurance subsidy levels once or reserve time before work, about social insurance in the province, the city where legal residency to receive and settle the mode according to the provisions of the law on social insurance.

11. Workers were entitled to pensions, the social insurance pension monthly, have no interruption time field of pensions, social insurance subsidies every month that are not delegated to others the field of pensions, social insurance allowance every month, to be further entitled to pensions, social insurance subsidies every month workers have a petition stating the reason for interruption of the fields of pensions, social insurance subsidies and certified by the local authority of residence about not punished in prison or not illegal immigration or the Court declared as missing in the field of pensions social insurance allowances, monthly.

The months have not received pensions, grants monthly social insurance for eligible workers on the social insurance agencies to be reimbursed according to the level of pensions, grants monthly social insurance as defined in each month, not including interest.

12. With regard to the paused to enjoy pensions, grants monthly social security specified in article 62 the social insurance Law, the moment continue to enjoy pensions, social insurance allowances monthly since March following January adjoining convict prison sentence done Executive in prison , or, who was the Court declared as missing return (by day, recorded in the decision), or the exit back to the legal settlement (by date of entry) ".

V. TERMS Of ENFORCEMENT 1. Additional amendments clause 7 C section circular No. 148/TTLT/BCA-BQP-BLDTBXH DATED as follows: "7. Pursuant to the regulations, convalescence rehabilitation in Decree No. 152/2006/ND-CP, Decree No. 68/2007/ND-CP, guidance in circular No. 01/2008/TT-BLDTBXH DATED September 23, 2008 by the Ministry of labor, invalids and Social Affairs and the guidance in this circular Social insurance, the Ministry of defence, the Ministry of public security, social security, social insurance government body is responsible for guidance and implementation to suit the characteristics of the Organization, its industry ".

VI. EFFECTIVE IMPLEMENTATION of this circular have the effect after 15 days from the date The report.

The provisions of this circular for accidents, occupational diseases; pension regime was to apply from 1 January 2007.

In the process of implementation if there are obstacles, reflections on the Minister to consider the guidelines,./.