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DECISION No. 37/2001/QD-TTg OF MARCH 21, 2001 ON THE CONVALESCENCE LEAVE APPLICABLE TO LABORERS PARTICIPATING IN SOCIAL INSURANCE THE PRIME MINISTER Pursuant to the Law on Organization of the Government of September 30, 1992; Pursuant to the June 23, 1994 Labor Code; At the proposal of the Minister of Labor, War Invalids and Social Affairs, DECIDES: Article 1.- To apply the convalescence leave regime to laborers who participate in compulsory social insurance and have worked in their agencies or units for three full years or more and suffer from health decline; who have not yet fully recovered after their hospitalization due to illnesses, labor accidents or occupational diseases; or to female laborers who suffer from post-natal health decline. Article 2.- 1. Those who suffer from health decline may take convalescence leave once a year. The duration for such a leave shall be between 5 and 10 days, depending on the degree of the laborers’ health decline. 2. The duration of convalescence leave shall not be subtracted from the laborers’ annual leaves. Article 3.- 1. There are two levels of funding for convalescence leave as follows: - 80,000 VND/day/person for convalescents at convalescent establishments; - 50,000 VND/day/person for convalescents at their homes; female laborers who remain weak after taking post-natal leave. 2. Vietnam Social Insurance shall organize and manage the granting and settlement of the convalescence funding for each agency, unit and enterprise. 3. The heads of the agencies, units and enterprises shall coordinate with the grassroots trade unions in deciding eligible laborers as provided for in Article 1 of this Decision and make arrangements for them to take convalescence leave; and settle the convalescence funding with the social insurance agency. Article 4.- The convalescence funding shall be covered by the Social Insurance Fund as equal to 0.6% of the total wage fund actually paid for social insurance, and deducted from the source of 5% of the units’ total wage fund paid for social insurance for sicknesses and maternity, labor accidents and occupational diseases. Article 5.- This Decision takes effect as from June 1, 2001. Article 6.- The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Ministry of Finance in guiding the implementation of this Decision after consulting with Vietnam Labor Confederation. Article 7.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision. For the Prime Minister
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