Can workers who have an occupational accidents in abroad be supported by Fund for Overseas Employment Support in Vietnam?

Main Content

• Fund for Overseas Employment Support in Vietnam
• Principles of supporting workers
• What are the regulation on supporting workers who have an occupational accidents in abroad?

Fund for Overseas Employment Support in Vietnam

Pursuant to Article 3 of Decision 40/2021/QD-TTg on Fund for Overseas Employment Support in Vietnam, the regulations on establishing the Fund for Overseas Employment Support in Vietnam as follows:

"Article 3. Establishment of the Fund for Overseas Employment Support

1. To establish the Fund for Overseas Employment Support under the Ministry of Labor, Invalids and Social Affairs in order to support the market development, stabilization and expansion; prevent, minimize and risk management for workers and enterprises; protect legitimate rights and interests of workers.

2. The Fund is headquartered in Hanoi and has its own website.

3. The Fund’s transaction name in English is the Fund for Overseas Employment Support, abbreviated as FES."

Principles of supporting workers

According to Article 9 of Decision 40/2021/QD-TTg, the principles of supporting workers are:

"Article 9. Principles for supporting workers

1. Workers making full contributions to the Fund shall be entitled to a support in accordance with this Decision. The support shall be applied from the time the workers make contributions to the Fund.

2. For each time of contribution to the Fund, the worker shall receive one-time support for each support content specified in this Decision.

3. Provisions specified in Articles 10, 11, 12 and 13 of this Decision shall only apply to cases arising during the period the workers working abroad under contracts.

4. In case the worker has received support for vocational training from programs, projects or policies covered by the State budget, they shall not be entitled to the support specified in Article 15 of this Decision and vice versa.

5. Support contents from the Fund shall not reduce or change or remove any rights and obligations of the workers or rights and obligations toward the workers of employers or enterprises, organizations sending workers abroad in accordance with the Law on Vietnamese Guest Workers and other laws."

What are the regulation on supporting workers who have an occupational accidents in abroad?

According to Article 10 of Decision 40/2021/QD-TTg on supporting workers who no longer work abroad due to occupational accidents, risks, sicknesses or diseases and have to return home ahead of schedule as follows:

1. Support level: from VND 10,000,000/case to VND 30,000,000/case.

2. Workers or persons authorized by workers or their at-law representatives shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a) A copy of the contract liquidation document signed between the worker and the enterprise, organization or individual sending workers abroad, clearly stating reason for return home ahead of schedule; or the employer’s written notice of the termination of contract with the worker due to the above-mentioned reasons;

b) A copy of the worker's health certificate, or other papers proving the worker’s diseases or injuries granted by health authority of the host country;

c) A copy of the worker's passport;

d) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and provide support at requests of workers. In case of refusal, it shall issue a written reply clearly stating the reason.

Thus, if you cannot continue to work because of an occupational accidents, you will be supported by Fund for Overseas Employment Support in Vietnam to return home with the maximum of 30 million VND. Best regards!