Thông tư liên tịch 28/2013/TTLT-BYT-BLDTBXH

JOINT CIRCULAR

ON RATINGS OF IMPAIRMENTS CAUSED BY INJURIES, ILLNESS, DISABILITY AND OCCUPATIONAL DISEASES

Pursuant to the Labor Code No. 10/2012/QH13 dated June 18, 2012;

Pursuant to the Law on Social insurance No. 71/2006/QH11 dated June 29, 2006;

Pursuant to the Ordinance on preferential treatment for revolutionary activists No. 26/2005/PL-UBTVQH11 dated June 29, 2005 and the Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012 providing amendments to it;

Pursuant to the Decree No. 45/2013/NĐ-CP dated May 10, 2013 by the Government detailing a number of articles of the Labor Code on working hours, resting hours, labor safety and labor hygiene;

Pursuant to the Decree No. 31/2013/NĐ-CP dated April 09, 2013 by the Government providing guidance on a number of articles of the Ordinance on preferential treatment for revolutionary activists;

Pursuant to the Decree No. 63/2012/NĐ-CP dated August 31, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government's Decree No. 106/2012/NĐ-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the request of Head of the Department of medical examination and treatment, Head of the Legal Department affiliated to the Ministry of Health and Head of the Department of labor safety, Department of National Devotees, Head of the Legal Department affiliated to the Ministry of Labor, War Invalids and Social Affairs;

The Minister of Health and the Minister of Labor, War Invalids and Social Affairs promulgate the Joint Circular on ratings of impairments caused by injuries, illness, disability and occupational diseases.

Article 1. Assessment of the impairment ratings

1. Tables of impairment ratings (IR) used for medical assessment examination, forensic medicine examination and forensic psychiatric medicine assessment are enclosed herewith: Table No. 1: Ratings of impairments caused by injuries; Table No. 2: Ratings of impairments caused by illness and disability; Table No. 3: Ratings of impairments caused by occupational diseases.

2. IRs in this Circular are used for rating reduction in work capacity, physical injuries, disabilities, diseases and losing health.

Article 2. Principle for the calculation of IR

1. The whole person impairment (WPI) of a person shall not exceed 100%.

2. Each impairment can only be counted once.

Example: Mr. Nguyen Van A suffered from complete damage to the ulnar nerve which leads to muscle atrophy in his right hand, the WPI of Mr. Nguyen Van A is only calculated according to the rating of impairment caused by the ulnar nerve damage (31-35%). In this case, muscle atrophy in his right hand should not be taken into account since it is the result of the above-mentioned ulnar nerve damage.

3. If multiple impairments are symptoms of a syndrome or a disease listed in any of the Tables mentioned in Article 1 of this Circular, the IR shall be determined according to the syndrome or the disease.

Example: Mr. Nguyen Van B was diagnosed with unstable schizophrenia whose side effects consist of hallucinogen and muscular dystrophy. The WPI is calculated according to the IR caused by unstable schizophrenia (51-55%); it is not permitted to determine the WPI by combining the IR of hallucinogens or muscular dystrophy.

4. If a person is found to have one (1) impairment, the WPI shall equal the upper limit of that IR.

Example: Mr. Nguyen Van C lost 1/3 of his right arm, as stipulated in Table 1, Article 1 of this Circular, the IR is 61-65% so his WPI will be 65%.

5. When calculate the WPI, only the upper limit of the IR shall be taken into account, from the second IR one onwards, only the lower limit of the second IR shall be considered, in descending order.

6. IR is an integer. When calculating the IR, only use one digit after decimal point. If the decimal digit is 5 or higher, round the number to one unit.

Article 3. Method of determining the POBD

1. WPI shall be calculated as follows:

WPI = IR1 + IR2 + IR3 +…+ IRn

Where:

IR1: The first IR, which is the highest

IR2: The second IR; IR2 = (100 – IR1) x the lower limit of the second IR/100%

IR3: The third IR; T3 = (100–IR1-IR2) x the lower limit of the third IR/100%

IRn: The n IR; IRn = {100–IR1-IR2-IR3-…-IR(n-1)} x the lower limit of the n IR/100%

2. Example: Mr. Nguyen Van D suffers from 3 impairments:

- Loss of 1/3 of middle right arm, the IR is 61-65%.

- Hearing loss level I, the IR is 21-25%

- Left eye blindness without enucleation, the IR is 41%

Applying the above method, the WPI of Mr. Nguyen Van D is calculated as follows:

IR1 = 65%,

IR2 = (100 - 65) x 41/100% = 14.35%, rounded to 14.0%

IR3 = (100 – 65-14.0) x 21/100% = 4.41%, rounded to 4.0%

The WPI of Mr. Nguyen Van D is 65% + 14.0% + 4% = 83%

The WPI of Mr. Nguyen Van D is 83%

Article 4. Transitional provision

In cases the person who undergo a relapse evaluation or re-evaluation of impairments and the IR calculated according to this Circular is lower than the IR concluded according to the provisions of the law on IR caused by injuries, illnesses or disabilities before the effective date of this Circular, the latter shall apply.

Article 5. Effect

1. This Circular takes effect on November 15, 2013.

2. Joint Circular No. 12-TTLB dated July 26, 1995 prescribed by the Ministry of Health - Ministry of Labor, War Invalids and Social Affairs on standards for impairments and diseases cease to be effective from the effective day of this Circular. Annul the table of loss of work capacity rate caused by occupational diseases issued together with the following circulars: Joint Circular No. 29/TT-LB dated December 25, 1991 prescribed by the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs; Vietnam General Confederation of Labor on adding a number of occupational diseases; Joint Circular No. 08/TTLB dated May 19, 1976 prescribed by the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and the Vietnam General Confederation of Labor on stipulating a number of occupational diseases and preferential treatment for state employees; Decision No. 27/2006/QD-BYT dated 21 September 2006 prescribed by the Minister of Health on the addition of four occupational diseases to the List of occupational diseases covered by insurance; Decision No. 167/1997/QD-BYT dated February 4, 1997 prescribed by the Health Minister on promulgating the addition of five occupational diseases to the list of occupational diseases covered by insurance.

Article 6. Implementation

1. Medical Service Administration - Ministry of Health shall direct, inspect, and urge affiliated entities of the Ministry of Health, departments of health of central-affiliated cities or provinces, health agencies of Ministries/regulatory bodies to implement in accordance with provisions of this Circular.

2. Department of Occupational Safety and Health, Department of National Devotees, Ministry of Labor, War Invalids and Social Affairs shall direct, inspect and urge the implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.