Thông tư 04/2021/TT-BLĐTBXH về hướng dẫn chế độ đối với người được điều động, huy động trực tiếp chữa cháy, phục vụ chữa cháy, thành viên đội dân phòng, đội phòng cháy và chữa cháy cơ sở và chuyên ngành tham gia huấn luyện, bồi dưỡng nghiệp vụ phòng cháy và chữa cháy do Bộ trưởng Bộ Lao động – Thương binh và Xã hội ban hành

CIRCULAR

PROVIDING GUIDANCE ON SEVERAL BENEFITS OF PERSONS ASSIGNED OR MOBILIZED TO DIRECTLY OR INDIRECTLY ENGAGE IN FIREFIGHTING ACTIVITIES; MEMBERS OF NEIGHBORHOOD WATCHES, INTRAMURAL FIREFIGHTING TEAMS AND SPECIALIZED FIREFIGHTING TEAMS PARTICIPATING IN FIRE CONTROL TRAINING ACTIVITIES

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017, 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. 136/2020/ND-CP dated November 24, 2020 elaborating on certain articles and measures for implementation of the Law on Firefighting and Fire Prevention and the Law on Amendments to certain Articles of the Law on Firefighting and Fire Prevention;

Upon the request of the Director of the Labor Relations – Salary Department;

The Minister of Labor, War Invalids and Social Affairs issues the Circular providing guidance on several benefits of persons assigned or mobilized to directly or indirectly engage in firefighting activities; members of neighborhood watches, intramural firefighting teams and specialized firefighting teams participating in fire control training activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on several benefits prescribed in clause 8 of Article 50 in the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020, elaborating on certain articles and measures for implementation of the Law on Firefighting and Fire Prevention and the Law on Amendments to certain Articles of the Law on Firefighting and Fire Prevention (hereinafter referred to as Decree No. 136/2020/ND-CP), including:

1. Benefits offered to persons who are assigned or mobilized to directly or indirectly engage in firefighting activities according to orders of competent persons in the case where they suffer from any accident or any accident that inflicts their incapacity to work according to conclusions of the Medical Assessment Council; are injured or suffer from injuries falling into one of the cases specified in the Ordinance on Incentives for People Rendering Meritorious Services to the Revolution; die or die in one of the cases specified in the Ordinance on Incentives for People Rendering Meritorious Services to the Revolution.

2. Benefits of members of neighborhood watches, intramural firefighting teams and specialized firefighting teams participating in fire control training activities.

3. Benefits of members of neighborhood watches, intramural firefighting teams and specialized firefighting teams that suffer from accidents, health loss or die.

Article 2. Subjects of application

1. Entities, organizations and individuals referred to in the Decree No. 136/2020/ND-CP, including:

a) Persons assigned or mobilized to directly or indirectly engage in firefighting activities.

b) Members of neighborhood watches, intramural firefighting teams and specialized firefighting teams.

c) Persons vested with authority to assign or mobilize persons directly or indirectly engage in firefighting activities.

d) Persons vested with authority to assign members of neighborhood watches, intramural firefighting teams and specialized firefighting teams to participate in fire control training activities.

dd) Agencies, units and organizations that are responsible for the direct management of persons assigned or mobilized to directly or indirectly engage in firefighting activities, members of neighborhood watches, intramural firefighting teams and specialized firefighting teams (hereinafter referred to as directly supervisory entities).

2. Other entities, organizations and persons involved in implementation of regulations laid down herein.

Chapter II

BENEFITS OF PERSONS WHO SUFFER FROM ACCIDENTS, INJURIES OR DIE WHEN BEING ASSIGNED OR MOBILIZED TO DIRECTLY OR INDIRECTLY ENGAGE IN FIREFIGHTING ACTIVITIES

Article 3. Benefits of persons who suffer from accidents or injuries when being assigned or mobilized to directly or indirectly engage in firefighting activities

1. Medical costs

a) Health insurance policyholders who suffer an accident or injury shall be reimbursed for their medical costs by social insurance agencies in accordance with law on health insurance; for their co-payments and other medical expenses that are not on the list of covered medical services by directly supervisory entities.

b) Health insurance non-policyholders who are in an accident or suffer an injury shall be paid all medical costs according to prices of medical services available at public healthcare facilities that are announced by competent authorities.

2. Benefits varying according to levels of incapacity to work

a) If any policyholder of compulsory social insurance who suffers an accident or injury is eligible for occupational accident insurance benefits, he/she is entitled to receive a lump-sum payment of insurance coverage or monthly insurance benefits or caregiver payment benefits varying according to his/her level of incapacity to work and the number of years of payment of social insurance contributions as stated in laws on occupational safety and health from social insurance agencies.

b) If any non-policyholder of compulsory social insurance; any person who is receiving pensions or monthly social insurance benefits; any person who already enjoys a lump-sum payment of social insurance benefits; or any policyholder of compulsory social insurance who is not qualified for occupational accident insurance benefits, suffers an accident or injury, he/she can be entitled to the lump-sum payment of social insurance coverage or monthly insurance benefits or caregiver payment benefits varying according to his/her level of incapacity to work (except those insurance benefits varying according to the number of social insurance contribution years). The lump-sum payment of insurance coverage or monthly insurance benefits or caregiver payment benefits varying according to his/her level of incapacity to work shall be subject to laws on occupational safety and health.

3. Persons certified as war invalids or enjoying policies like war invalids under the provisions of the Ordinance on Incentives for People Rendering Meritorious Services to the Revolution shall be considered by competent authorities to enjoy war invalid policies or enjoy policies like war invalids.

Article 4. Benefits of persons who die when being assigned or mobilized to directly or indirectly engage in firefighting activities

1. If any social insurance policyholder; any person with his/her reserved period of payment of social contributions which is at least 12 months or more; any person who is enjoying his/her monthly pensions or social insurance benefits, dies from being directly or indirectly involved in firefighting activities, or dies during the first treatment of his/her injury caused by an accident occurring when directly or indirectly engaging in firefighting activities, his/her relative can receive monthly or lump-sum survivorship benefits; any entity, organization and individual that provides funeral services can be entitled to funeral service benefits as stated in laws on social insurance.

2. If any person who does not participate in social insurance or who has already enjoyed one-time social insurance benefits dies from being directly or indirectly involved in firefighting activities or dies during the first treatment of his/her injury caused by an accident when on duty for firefighting activities, his/her relative, entity, organization or individual that provides funeral services may be paid the following benefits by his/her directly supervisory entity:

a) His/her relative is entitled to a one-time survivorship benefit equal to the one-time benefit paid to persons who die from occupational accidents in accordance with law on occupational safety and health, or a monthly survivorship benefit equal to the monthly survivorship benefit paid to persons participating in social insurance in accordance with law on social insurance. Conditions for entitlement to the one-time survivorship benefit or monthly survivorship benefits must satisfy the conditions regarding relatives as prescribed by law on social insurance for persons participating in social insurance.

b) Entities, organizations or individuals providing funeral services may be paid benefits for their funeral services. The amount of benefit for funeral services is equal to the amount of benefit paid to persons participating in social insurance in accordance with law on social insurance.

3. Persons who are eligible for recognition as martyrs according to the provisions of the Ordinance on Incentives for People Rendering Meritorious Services to the Revolution may be recognized as martyrs by competent authorities.

Chapter III

BENEFITS OF MEMBERS OF NEIGHBORHOOD WATCHES, INTRAMURAL FIREFIGHTING TEAMS AND SPECIALIZED FIREFIGHTING TEAMS PARTICIPATING IN FIRE CONTROL TRAINING ACTIVITIES

Article 5. Benefits or allowances of members of neighborhood watches, intramural firefighting teams and specialized firefighting teams participating in fire control training activities

For each day of participation in a fire control training session, each member of a neighborhood watch can be paid the amount equal to the amount calculated by multiplying 0.6 by the region-specific minimum wage per day; for each member of an intramural firefighting team or a specialized firefighting team, equal to the amount calculated by multiplying 0.3 by the region-specific minimum wage per day, by the directly supervisory entity.

The amount calculated by multiplying 0.6 by the region-specific minimum wage per day is determined as dividing the monthly rate of region-specific minimum wage applicable to the employee working under a labor contract at any enterprise located in the region I as prescribed by the Government at the time of fire control training by 26 days.

Article 6. Benefits of members of neighborhood watches, intramural firefighting teams and specialized firefighting teams who suffer from accidents or injuries when participating in fire control training activities

1. Medical costs

a) Health insurance policyholders who suffer from an accident or injury shall be reimbursed for their medical costs by social insurance agencies in accordance with law on health insurance; for their co-payments and other medical expenses that are not on the list of covered medical services by directly supervisory entities;

b) Health insurance non-policyholders who are in an accident or suffer an injury shall be paid all medical costs according to prices of medical services available at public healthcare facilities that are announced by competent authorities.

2. Occupational accident benefits

a) If policyholders of compulsory social insurance participating in fire control training sessions suffer from accidents or health loss, they can be paid occupational accident benefits by social insurance agencies in accordance with law on occupational safety and health.

b) If non-policyholders of compulsory social insurance or persons who are being entitled to pensions, monthly social insurance benefits or persons already receiving the lump-sum social insurance benefits are in an accident or suffer from health loss when participating in fire control training sessions, they can be paid benefits similar to occupational accident benefits by their directly supervisory entities in accordance with law on occupational safety and health (except those benefits varying according to the number of years of their social insurance contribution).

Article 7. Benefits of members of neighborhood watches, intramural firefighting teams and specialized firefighting teams who die when participating in fire control training activities

1. If any social insurance policyholder; any person with his/her reserved period of payment of social contribution which is at least 12 months or more; any person who is enjoying his/her monthly pensions or social insurance benefits, dies from participation in fire control training sessions, or dies during the first treatment of his/her injury caused by an accident occurring when participating in fire control training sessions, his/her relative and entity, organization or individual providing funeral services can receive the following benefits:

a) His/her relative is entitled to the following benefits:

a1) Monthly or lump-sum survivorship benefits paid by the social insurance agency in accordance with laws on social insurance.

a2) Benefits paid on a one-off basis for death due to an occupational accident by the social insurance agency to people participating in compulsory social insurance.

a3) The received amount equal to a lump-sum benefit paid upon death due to an occupational accident according to the provisions of laws on occupational safety and health by his/her directly supervisory entity to persons participating in voluntary social insurance, persons with the reserved period of social insurance contribution that is at least 12 months or more, persons who are receiving monthly pensions or social insurance benefits.

b) Entities, organizations or individuals providing funeral services may be paid benefits for their funeral services in accordance with laws on social insurance.

2. If any person not participating in social insurance; any person already receiving lump-sum social insurance benefit, dies from participation in fire control training sessions, or dies during the first treatment of his/her injury caused by an accident occurring when participating in fire control training sessions, his/her relative can be paid the benefit amount on a one-off basis for death caused by occupational accidents in accordance with laws on occupational safety and health, the lump-sum or monthly survivorship benefits, and the entity, organization or individual providing funeral services may be entitled to the benefit paid for funeral services by his/her directly supervisory entity. The amount of and conditions for entitlement of the lump-sum survivorship benefit or benefit for funeral services shall be subject to clause 2 of Article 4 herein.

Chapter IV

BUDGET FOR PAYMENT OF BENEFITS

Article 8. Financing from the Health Insurance and Social Insurance Funds

1. The Health Insurance Fund shall pay medical costs prescribed in laws on health insurance in accordance with point a of clause 1 of Article 3 and point a of clause 1 of Article 6 herein.

2. The Social Insurance Fund shall pay benefits prescribed in point a of clause 2 of Article 3; clause 1 of Article 4; point a of clause 2 of Article 6; point a1, a2 and b of clause 1 of Article 7 herein.

Article 9. Financing from the state budget

1. The central government’s budget shall provide funds to pay costs falling within the annual estimate made by the Ministry of Labor, War Invalids and Social Affairs for benefits of persons injured or dead when being assigned or mobilized to directly or indirectly engage in firefighting activities if they satisfy conditions for eligibility for recognition as war invalids, beneficiaries of treatment policies applied to war invalids or martyrs as provided in clause 3 of Article 3 and clause 3 of Article 4 herein.

2. The local government's budget shall provide funds to pay costs falling within the annual estimate made by the commune-level People's Committee for the following benefits:

a) Benefits of persons who suffer from accidents, are injured or die when being assigned or mobilized to directly or indirectly engage in firefighting activities; members of neighborhood watches, intramural firefighting teams and specialized firefighting teams who suffer from accidents, are injured or die when participating in fire control training activities under its remit as provided herein.

b) Payment of reimbursements for co-payment costs and other expenses not on the list of costs and expenses covered by health insurance as specified in point a of clause 1 of Article 3; medical examination and treatment costs and expenses specified in point b of clause 2 of Article 3, benefit prescribed in point b of clause 2 of Article 3 and clause 2 of Article 4 herein to directly supervisory entities of which operating costs and expenses are not covered by the state budget.

Article 10. Financing from directly supervisory entities

1. Directly supervisory entities shall pay the benefits stated herein as follows:

a) Co-payment costs and other expenses not on the list of costs and expenses covered by health insurance as specified in point a of clause 1 of Article 3 and point a of clause 1 of Article 6; medical costs and expenses prescribed in point b of clause 1 of Article 3 and point b of clause 1 of Article 6 herein;

b) The benefits prescribed in point b of clause 2 of Article 3; clause 2 of Article 4; point b of clause 2 of Article 6; point a3 of clause 1 and clause 2 of Article 7 herein.

c) Benefits and allowances stipulated in Article 5 herein.

2. As for directly supervisory entities of which recurrent operating costs and expenses are covered by the state budget, funds given these entities to pay the benefits prescribed in clause 1 of this Article shall be subject to current regulations on decentralization of authority over the state budget’s funding and the financial autonomy of public administrative agencies or public service delivery units.

3. As for directly supervisory entities of which recurrent operating costs and expenses are not covered by the state budget, co-payment costs and other expenses not on the list of costs and expenses covered by health insurance as specified in point a of clause 1 of Article 3; medical examination and treatment costs and expenses specified in point b of clause 1 of Article 3; the benefits prescribed in point b of clause 2 of Article 3 and clause 2 of Article 4 herein shall be reimbursed to these entities by People’s Committees of the communes where assigned or mobilized persons register their permanent residence.

4. Entities directly supervising those persons not managed by entities or organizations are People's Committees of the communes that grant permanent residence registration.

Chapter V

IMPLEMENTATION PROVISIONS

Article 11. Entry into force

1. This Circular shall enter into force as of August 15, 2021.

The Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC dated December 10, 2015 of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of Finance, providing guidance on benefits of persons assigned or mobilized to directly or indirectly engage in firefighting activities; members of neighborhood watches, intramural firefighting teams and specialized firefighting teams participating in fire control training activities, shall become defunct as of the effective date of this Circular.

2. If legal documents referred to in this Circular are amended, supplemented or replaced, this shall entail revision of regulations used as references herein and new ones shall prevail.

Article 12. Implementation responsibilities

1. Persons having competence in assigning and mobilizing persons shall be responsible for declaring, investigating and statistically reporting on accidents and giving certification to those who suffer from accidents, injuries or death; cooperating with directly supervisory entities and relevant agencies to prepare documentation and complete procedures for providing benefits for persons assigned or mobilized to directly or indirectly engage in firefighting activities, members of neighborhood watches, intramural firefighting teams and specialized firefighting teams participating in fire control training activities in accordance with this Circular.

2. Directly supervisory entities shall be responsible for presiding over and cooperating with entities, organizations and individuals concerned to submit application documentation for benefits; providing adequate funding and paying benefits under their jurisdiction.

3. Commune-level People’s Committees shall assume the following responsibilities:

a) Provide adequate funding, pay benefits under their jurisdiction in accordance with this Circular.

b) Reimburse costs and expenses paid in advance by directly supervisory entities for benefits, including: co-payment costs and other expenses not on the list of costs and expenses covered by health insurance as specified in point a of clause 1 of Article 3; medical examination and treatment costs and expenses specified in point b of clause 1 of Article 3; benefits prescribed in point b of clause 2 of Article 3 and clause 2 of Article 4 herein to directly supervisory entities of which operating costs and expenses are not covered by the state budget.

In the course of implementation, if there is any difficulty that arises, entities, organizations, units or individuals may inform it to the Ministry of Labor, War Invalids and Social Affairs to receive its timely improvements and instructions./.

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