The rate of body damage is 86% but still cannot be retired early
Mr. Nguyen Duc On, a worker at 29/3 Textile Joint Stock Company, has been out of work since May 19, 2024. Mr. On has 34 years and 3 months of social insurance contributions from 29/3 Textile Joint Stock Company. Of which, 27 years and 11 months were covered by insurance under the title of " industrial garment repair and maintenance worker". Mr. Nguyen Duc On completed the medical examination procedure and was concluded by the Da Nang City Medical Examination Council as "Reduced working capacity, body injury rate is 86%.
On April 24, 2025, Mr. On submitted the application for Thanh Khe - Lien Chieu inter-district social insurance (old) and was scheduled to return the results on May 14, 2025. However, Mr. On received a phone call from the pension application receiving department - Social Insurance regime Department, Region XXII, answering: The job title recorded in Mr. On's social insurance book "Workers in industrial sewing machine maintenance and repair" is currently not recognized as a heavy, toxic, dangerous job, so it is not eligible for early retirement 18 months compared to the reduced age.
Ms. Le Thi Hai Chau - Chairwoman of the Trade Union of 29/3 Textile and Garment Joint Stock Company - said: Currently, at 29/3 Textile and Garment Joint Stock Company, there are hundreds of cases that are stuck and not recognized as Mr. Nguyen Duc On. And in the immediate future, there have been 16 "exemplary" cases, which have been completed by enterprises and are waiting to be sent to the authorities for recognition.
Proposing the Vietnam General Confederation of Labor to intervene
Ms. Le Thi Hai Chau - Chairwoman of the Trade Union of 29/3 Textile and Garment Joint Stock Company said: During its operation since 1976, the company has always complied with labor laws, especially paying and enjoying heavy and toxic benefits for employees according to the list of particularly arduous, toxic and dangerous heavy and toxic jobs in Decision No. 1629/LDTBXH-QD, dated December 26, 1996 of the Minister of Labor, Invalids and Social Affairs (old), effective from January 1, 1997.
It is worth mentioning that Decision No. 1629 does not specifically regulate the list of occupations in the industrial garment production line, especially the group of heavy, toxic and dangerous work, so the implementation of the social insurance regime is not unified in the whole industry, affecting social insurance benefits for employees.
To overcome this situation, based on Official Dispatch No. 1619/BHXH-TCHC, dated December 12, 2001 of Vietnam Textile and Garment Corporation, the General Director of Vietnam Social Insurance signed Official Dispatch No. 131/BHXH-CDCS, dated January 15, 2002, sent to the Social Insurance agencies of provinces and centrally run cities to notify employees to do 16 jobs, including the job of "werker preserving and repairing industrial sewing machines" as in the case of Mr. Nguyen Duc On, who was quoted above, belonging to the "industrial fairyland" - a group IV worker (a heavy, toxic, dangerous job) in Decision 1629-DBLTBXH-QD.
However, in 2017, the Ministry of Labor, Invalids and Social Affairs replied to Vietnam Social Insurance that: 16 jobs stipulated in Official Dispatch No. 131/BHXH-CDCS, dated January 15, 2002 of the General Director of Vietnam Social Insurance were not recognized by the Ministry of Labor, Invalids and Social Affairs as heavy, toxic jobs. This led to Mr. Nguyen Duc On and many other workers of 29/3 Textile and Garment Joint Stock Company coming to the Social Insurance agency to receive a 5-year early retirement policy (due to having worked, been working hard, or had been in dangerous toxicity for 15 years or more) being refused a resolution because the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs) did not recognize the directive document of the General Director of Vietnam Social Insurance.
This leads to disadvantages not only for employees at 29/3 Textile Joint Stock Company but also for many other employees of all textile and garment enterprises nationwide.
At the 29/3 Textile and Garment Joint Stock Company Trade Union Congress, term 2025 - 2030 - attended by Mr. Huynh Thanh Xuan - Vice President of the Vietnam General Confederation of Labor recently, the 29/3 Textile and Garment Joint Stock Company Trade Union proposed that the Vietnam General Confederation of Labor intervene, so that the Ministry of Home Affairs can recognize Official Letter No. 131/BHXH-CDCS, dated January 15, 2002 of the General Director of Vietnam Social Insurance, to have a basis for localities to recognize the heavy-duty regime for workers in the period from January 1997 to March 2021, when Circular No. 11/2020 takes effect.
