What are payments included in indemnification for construction site personnel in Vietnam?
What are the principles of indemnification for construction site personnel in Vietnam according to Decree 67/2023/ND-CP?
Article 52 of Decree 67/2023/ND-CP stipulates the principles of indemnification for construction site personnel as follows:
Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
1. When a labor accident or occupational disease occurs for construction site personnel, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
a) Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such accident or disease happens to the construction site personnel.
b) Implementing all measures within their capacity to minimize damages.
c) Implementing and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered losses according to regulations herein.
2. When a labor accident or occupational disease occurs for construction site personnel, the insurer shall guide the policyholder and cooperate with the policyholder and relevant agencies, organizations and individuals in collecting sufficient documents to make an application for insurance claims; determine the cause and extent of damage.
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Accordingly, indemnification principles for construction site personnel include the following 3 principles:
When a labor accident or occupational disease occurs for construction site personnel, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
- Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such accident or disease happens to the construction site personnel.
- Implementing all measures within their capacity to minimize damages.
- Implementing and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered losses according to regulations herein.
What are payments included in indemnification for construction site personnel in Vietnam?
What are payments included in indemnification for construction site personnel in Vietnam?
Clause 3, Article 52 of Decree 67/2023/ND-CP regulates that when an employee is dead or injured due to a covered labor accident or occupational disease arising from construction on the construction site, the insurer shall pay amounts agreed upon between the construction contractor and the employee or the employee's legal representative (in case the employee is dead), including the following payments:
- The allowance for leaving work during the treatment period prescribed by the treating doctor which is calculated based on the employee’s salary according to the employment contract but not exceeding 6 months' salary in each insured event.
- Actual medical expenses including emergency expenses, necessary and reasonable inpatient and outpatient treatment expenses.
- In case the employee has a working capacity impairment of less than 81%, the specific coverage rate for each type of injury or damage to life shall be determined according to the Schedule of compulsory insurance indemnities for construction site personnel according to Annex VII enclosed with Decree 67/2023/ND-CP.
- In case the employee is dead or has a working capacity impairment of 81% or more, the insurer shall pay VND 100 million to one employee in one case.
The total insurance indemnity as prescribed at Points a, b, c and dd shall not exceed VND 100 million per employee per case in case the maximum coverage is VND 100 million.
In addition, in case a labor accident or occupational disease arising causes injury to the employee and this injury is aggravated by previous injuries or diseases, the insurer is not responsible for providing indemnity for such aggravated part.
What is the insurance period for construction site personnel in Vietnam?
Article 50 of Decree 67/2023/ND-CP stipulates the insurance period as follows:
Insurance period
1. The insurance period of a compulsory insurance for construction site personnel shall start from the commencement date of construction to the end of the maintenance period of the construction work as prescribed by law.
2. The specific insurance period of construction site personnel shall be determined on the basis of their employment contracts and written confirmations of construction contractors of the length of time spent working on construction sites.
Accordingly, the insurance period of a compulsory insurance for construction site personnel shall start from the commencement date of construction to the end of the maintenance period of the construction work as prescribed by law.
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