Chương II: Thông tư liên tịch 52/2015/TTLT-BLĐTBXH-BCA-BTC Chế độ đối với người được điều động, huy động trực tiếp chữa cháy và phục vụ chữa cháy bị thương, bị chết

Chapter II

BENEFITS POLICY FOR FIREFIGHTERS WHO ARE INJURED OR DEAD WHILE BEING ASSIGNED OR MOBILISED TO DIRECTLY OR INDIRECTLY PERFORM FIREFIGHTING TASKS

Article 3. Benefits policy for firefighters who are injured while being assigned or mobilised to directly or indirectly perform firefighting tasks

1. Payment of medical examination and treatment costs

a) Those who have participated in health insurance, if injured, shall be entitled to payment of medical examination and treatment costs made by the social security agency in accordance with laws on health insurance; shall be reimbursed by their host entities for co-payments and other medical costs which are not included in the list of costs covered by health insurance;   

b) Those who have not participated in health insurance, if injured, shall be reimbursed by their host entities for all of the medical examination and treatment costs.

2. Benefits

a) Those who have participated in social insurance, if injured, shall be entitled to payments of benefits made by the social security agency on either one-time basis or monthly basis which vary depending on their assessed level of work incapacity and total number of social insurance contribution years as provided by laws on social security.

b) Those who have not participated in compulsory social insurance, those who are currently paid monthly retirement or social security benefits, and those who have already received one-time payment of social security benefits, shall be entitled to either one-time benefit payments made by their host entities (exclusive of benefit amounts paid on the basis of the number of social insurance contribution years) if they are subject to 5 - 30% of work incapacity, or monthly benefit payments made by their host entities (exclusive of benefit amounts paid on the basis of the number of social insurance contribution years) if they are subject to 31% or higher percentage of work incapacity.

The amount of benefit payment is equal to the amount of one-time benefit payment or the amount of monthly benefit payment to employees who are subject to work incapacity as prescribed by laws on social security.

Article 4. Benefits policy for firefighters who are dead while being assigned or mobilised to directly or indirectly perform firefighting tasks

1. Those who have participated in social insurance, those who receive retirement pensions or social insurance benefits on a monthly basis, whether dead while directly or indirectly performing firefighting tasks, or dead during the period of initial treatment due to accidents occurring during direct or indirect involvement in firefighting services, shall be entitled to monthly or one-time death benefit payments made by the social security agency; entities or individuals providing funeral services shall be entitled to funeral benefit payments in accordance with laws on social security.

2. Those who have not participated in social insurance, those who have already received one-time payments of social security benefits, whether dead while directly or indirectly performing firefighting tasks, or dead during the period of initial treatment due to accidents occurring during direct or indirect involvement in firefighting services, shall be entitled to the following payments made by their host entities:

a) The amount of one-time death benefit payments which is 36 times higher than the base pay or monthly death benefit payments to relatives of firefighters assigned or mobilised to directly or indirectly perform firefighting tasks.

Eligibility requirements for one-time death benefit payments, and eligibility requirements and amounts of monthly death benefit payments, shall be subject to laws and regulations on social security applied to participants in compulsory social insurance; 

b) Funeral benefit payments to entities or individuals providing funeral and burial services, and amounts of funeral and burial benefit payments, shall be 10 times higher than the base pay;

c) The base pay referred to in Point a, b Clause 2 of this Article is the base pay in the month when firefighters assigned or mobilised to directly or indirectly perform firefighting tasks are dead.

Article 5. Assessment of eligibility to be entitled to war disablement or similar pensions

1. Firefighters directly or indirectly performing firefighting tasks, if injured and eligible for being certified as war invalids or persons entitled to benefits the same as those granted to war invalids, as provided by Clause 1 Article 17 of the Government's Decree No. 31/2013/ND-CP dated April 9, 2013 specifying and guiding implementation of certain articles of the Ordinance on Preferential Treatment Policy for persons rendering meritorious revolutionary services, shall be entitled to war disablement or similar benefits granted by regulatory authorities.

2. Their host entities shall be responsible for preparing application and completing application procedures for war invalidity or similar benefits paid to firefighters who are injured due to being assigned or mobilised to directly or indirectly perform firefighting tasks. 

In the event that they have been certified as war invalids or persons eligible for benefits the same as those granted to war invalids, application documents and procedures for war invalidity or similar benefits shall be subject to legislative regulations on the preferential treatment policy for persons rendering meritorious revolutionary services.

Article 6. Assessment of eligibility to be recognized as deceased revolutionary soldiers

1. Firefighters directly or indirectly performing firefighting tasks, if deceased and eligible for being recognized as deceased revolutionary soldiers, as provided by Clause 1 Article 17 of the Government's Decree No. 31/2013/ND-CP dated April 9, 2013 specifying and guiding implementation of certain articles of the Ordinance on Preferential Treatment Policy, shall be considered or recognized as deceased revolutionary soldiers by regulatory authorities.

2. Their host entities shall be responsible for preparing application and completing application procedures for grant of recognition of deceased revolutionary soldiers to firefighters who are dead due to being assigned or mobilised to directly or indirectly perform firefighting tasks. 

Document requirements and procedures for application for recognition of deceased revolutionary soldiers shall be subject to laws on the preferential treatment policy for persons rendering meritorious revolutionary services.