Conditions for Militia and Self-Defense Forces to Receive Accident Allowance When Not Participating in Social Insurance. What is the Amount of Accident Allowance?
What Are the Conditions for Militia and Self-Defense Forces to Receive Accident Allowances When Not Participating in Social Insurance?
Based on the provisions of point b, clause 1, Article 35 of the Militia and Self-Defense Law 2019, the policies regarding Militia and Self-Defense forces involved in accidents are as follows:
Regime and policies for Militia and Self-Defense forces in cases of sickness, accident, death, injury, or sacrifice
1. Militia and Self-Defense forces, when performing tasks or undergoing training for the Commanding Officer of the Military Command at the commune level in the military sector, shall be entitled to the following policies:
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b) In case of not participating in social insurance, if an accident reduces the working capacity as concluded by the Medical Review Council, an allowance shall be granted according to the degree of working capacity reduction; if death occurs, funeral expenses and survivor benefit allowances shall be granted;
In cases where Militia and Self-Defense forces are not participating in social insurance, they will be entitled to accident allowances if the accident results in a reduction of working capacity, as concluded by the Medical Review Council, according to the degree of such reduction.
Furthermore, according to clause 1, Article 15 of Decree 72/2020/ND-CP, the conditions for Militia and Self-Defense forces not participating in social insurance to receive accident allowances in the aforementioned cases are determined as follows:
- Performing tasks according to the decision of mobilization or the approved plan of competent authorities;- Performing tasks assigned by competent authorities;- On the route to and from the place of duty, within reasonable time and route.
Additionally, according to sub-Section k, Section 1, Part II of Administrative Procedures issued with Decision 2910/QD-BQP in 2020, accident allowances for Militia and Self-Defense forces not participating in social insurance do not apply in the following cases:
- Intentionally self-harming;- Accidents due to personal conflicts with the causer of the accident that are unrelated to task performance;- Accidents due to the use of alcohol, beer, narcotics, precursors, or other addictive substances as prescribed by law.
Conditions for Militia and Self-Defense forces to receive accident allowances when not participating in Social Insurance. What is the level of accident allowance? (Image from the Internet)
What Is the Current Level of Accident Allowance for Militia and Self-Defense Forces Not Participating in Social Insurance?
Based on Decree 72/2020/ND-CP, guiding the Militia and Self-Defense Law on the organization and construction of Militia and Self-Defense forces and related policies.
According to the provisions of clause 3, Article 15 of Decree 72/2020/ND-CP, sub-Section g, Section 2, Part II of Administrative Procedures issued with Decision 2910/QD-BQP in 2020, the accident allowance level for Militia and Self-Defense forces not participating in social insurance is determined as follows:
- During the period of accident treatment, they shall enjoy the same benefits as health insurance for non-commissioned officers and soldiers of the Vietnam People's Army on active duty (including the recurrence of injuries until hospital discharge). During inpatient treatment, they are provided with pathological nourishment.
If Militia and Self-Defense forces are undergoing inpatient treatment but exceed the assigned duty period, medical examination, treatment costs, and nourishing food shall be reimbursed for a maximum of 15 days; if after 15 days the condition is still unstable, treatment shall continue until stable, with 100% of medical examination and treatment costs covered.
- If the accident reduces working capacity by 5%, an allowance of 7,450,000 VND will be granted; for each additional 1% reduction, an extra 745,000 VND will be granted.
- In case the accident leads to death: Relatives are granted a survivor benefit of 53,640,000 VND; the person handling the funeral receives funeral expenses of 14,900,000 VND.
What Are the Duties of Militia and Self-Defense Forces?
Based on the provisions of Article 5 of the Militia and Self-Defense Law 2019, the duties of Militia and Self-Defense forces are as follows:
- Ready to fight, engage in combat, and serve in combat to protect localities, bases, agencies, and organizations.- Coordinate with units of the Vietnam People's Army, the People's Public Security, and other forces within the area to protect national sovereignty, national border security, islands, sea, and airspace of Vietnam; participate in building the entire people's defense, defense area, protect national security, ensure social order and safety, and combat crime and legal violations as prescribed by law.- Perform tasks of military training, political and legal education, competitions, and drills.- Participate in implementing measures on information warfare, cyber warfare as prescribed by law, decisions of competent authorities.- Prevent, combat, and overcome the consequences of disasters, incidents, natural disasters, epidemics, and fires; conduct search and rescue; protect forests, protect the environment, and other civil defense tasks as prescribed by law.- Propagate and mobilize the People to implement the policies and viewpoints of the Communist Party, policies, and laws of the State on defense and security; participate in building comprehensive strong localities and bases; implement social policies.- Perform other tasks as prescribed by law.
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