What are the guidelines for perquisites levels based on working conditions in Vietnam? What are the regulations on the eligibility for perquisites? - Thai Binh (Lang Son, Vietnam)
Guidelines for perquisites levels based on working conditions in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 3 of Circular 24/2022/TT-BLDTBXH, employees shall be eligible for perquisites when all requirements below are met:
- The employees working in occupations and professions named under lists of extremely arduous, hazardous and dangerous occupations and professions and arduous, hazardous and dangerous occupations and professions promulgated by the Minister of Labor - War Invalids and Social Affairs.
- The employees are working in environments where at least 1 of the 2 factors below is present:
+ There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health.
+ The employees make contact with at least 1 factor which is given a score of 4 under the sub-heading titled “Contact with sources of infectious diseases according to the Law on Prevention and Control of Infectious Diseases” (number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH).
The identification of factors under Clause 2 of Article 3 of Circular 24/2022/TT-BLDTBXH must be performed by organizations eligible for operating in working environment monitoring as per the law.
Guidelines for perquisites levels based on working conditions in Vietnam are based on Appendix I to Circular 24/2022/TT-BLDTBXH:
No. |
Classification of working conditions |
Criteria |
Perquisites levels |
1 |
Class IV (Arduous, hazardous and dangerous occupations and professions) |
There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health or there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. |
Level 1 |
There are at least 02 dangerous or hazardous factors that fail to meet permissible hygiene standards and regulations according to the Ministry of Health. |
Level 2 |
||
There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health and there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. |
Level 2 |
||
2 |
Class V (Extremely arduous, hazardous and dangerous occupations and professions) |
There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health or there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. |
Level 2 |
There are at least 02 dangerous or hazardous factors that fail to meet permissible hygiene standards and regulations according to the Ministry of Health. There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health and there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. |
Level 3 |
||
3 |
Class VI (Extremely arduous, hazardous and dangerous occupations and professions) |
There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health or there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. |
Level 3 |
The 02 following conditions are met: - There is at least one dangerous or hazardous factor that fails to meet permissible hygiene standards and regulations according to the Ministry of Health or there is at least one criterion of working conditions under the number 10.1 of Section A, Appendix I attached to Circular 29/2021/TT-BLDTBXH which is given a score of 4 or higher. - There is at least one criterion of working conditions under from the number 02 to the number 09 of Section A, Appendix I of Circular 29/2021/TT-BLDTBXH which is given a score of 5 or higher. |
Level 4 |
Circular 24/2022/TT-BLDTBXH takes effect from March 1, 2023 and replaces Circular 25/2013/TT-BLDTBXH dated October 18, 2013.
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