03:10 | 12/10/2022

Conditions for financial assistance in occupational safety training in Vietnam? Does the enterprise receive financial assistance in occupational safety training?

Can the enterprise receive financial assistance in occupational safety training? Conditions for financial assistance in occupational safety training in Vietnam? Question of Mr. Hai from Khanh Hoa.

What are the conditions for assistance in occupational safety training in Vietnam?

Occupational safety is one of the basic conditions for maintaining production and business activities, improving productivity and quality of work.

Only when employees proactively recognize hazards in the working process as well as take measures to prevent and overcome problems can they ensure safety.

Therefore, occupational safety training is a practical need of both employees and employers to limit risks in the working process and prevent occupational accidents.

Pursuant to Article 32 of Decree No. 88/2020/ND-CP, conditions for financial assistance in occupational safety training are as follows:

Conditions for financial assistance in occupational safety and health training
An employer shall be provided with financial assistance in occupational safety and health training as prescribed in Clause 4 Article 56 of the Law on Occupational Safety and Health if the following conditions are satisfied:
1. The employer has continuously paid occupational accident and disease insurance premiums for employees for whom training assistance is requested for at least 12 months up to the month of request for financial assistance in occupational safety and health training.
2. The employer hires a qualified training organization as prescribed to provide occupational safety and health training or itself provides the training to employees for whom training assistance is requested for the first time or provides periodical training in accordance with applicable regulations of law.
3. The employer has submitted periodic reports on occupational safety and health work and reports on occurrences of occupational accidents of the year preceding the year of request to the Department of Labor, War Invalids and Social Affairs in accordance with law.

According to the above regulations, in order to receive financial assistance in occupational safety training, the employer must:

- Continuously pay occupational accident and disease insurance premiums for employees for whom training assistance is requested for at least 12 months up to the month of request for financial assistance in occupational safety and health training.

- Hire a qualified training organization.

- Submit periodic reports on occupational safety and health work and reports on occurrences of occupational accidents of the year preceding the year of request.Conditions for financial assistance in occupational safety training in Vietnam? Does the enterprise receive financial assistance in occupational safety training?

Conditions for financial assistance in occupational safety training in Vietnam? Does the enterprise receive financial assistance in occupational safety training?

What is the level of financial assistance in occupational safety training in Vietnam?

Pursuant to Article 34 of Decree No. 88/2020/ND-CP stipulating as follows:

Level of financial assistance in occupational safety and health training
An employer is entitled to a maximum lump sum financial assistance within 24 months at a rate of 70% of the actual costs of training for each employee eligible for training assistance, but not exceeding the following:
1. Assistance in initial training:
a) Not exceeding VND 150,000 per person, for the person to be trained who is a safety and health officer;
b) Not exceeding VND 300,000 per person, for the person to be trained who is a manager responsible for occupational safety and health or a health worker;
c) Not exceeding VND 600,000 per person, for the person to be trained who does work subject to strict occupational safety and health requirements;
d) Not exceeding VND 700,000 per person, for the person to be trained who is a person responsible for doing occupational safety and health work.
2. The financial assistance in periodic training shall not exceed 50% of that in initial training prescribed in Clause 1 of this Article.

Thus, the level of financial assistance in occupational safety training is decentralized as follows:

- Not exceeding VND 150,000 per person, for the person to be trained who is a safety and health officer;

- Not exceeding VND 300,000 per person, for the person to be trained who is a manager responsible for occupational safety and health or a health worker;

- Not exceeding VND 600,000 per person, for the person to be trained who does work subject to strict occupational safety and health requirements;

- Not exceeding VND 700,000 per person, for the person to be trained who is a person responsible for doing occupational safety and health work.

What is the sequence of providing financial assistance in occupational safety training in Vietnam?

Pursuant to Article 36 of Decree No. 88/2020/ND-CP stipulating as follows:

Sequence of providing financial assistance in occupational safety and health training
1. The employer shall submit 01 application prescribed in Article 35 hereof to the Department of Labor, War Invalids and Social Affairs according to the Form No. 11 in the Appendix hereof (enclosed with a list of employees receiving the assistance), including the originals of documents evidencing payment for comparison purpose.
2. Within 15 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 12 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.
3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational safety and health training to the employer. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.
4. The Minister of Finance shall provide guidelines for providing financial assistance in training and instruct business establishments to do accounting for the financial assistance provided by the Insurance Fund in accordance with regulations of law.

Thus, in order to receive financial assistance in occupational safety training, the employer shall submit 01 application to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment.

Within 15 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance.

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