Who is eligible for occupational accident insurance benefits? What are the requirements for receiving occupational accident benefits in Vietnam?
Who is eligible for occupational accident insurance benefits according to regulations?
According to Clause 1, Article 43 of the 2015 Law on Occupational Safety and Hygiene in Vietnam stipulating the employees receiving occupational accident and disease insurance benefits as follows:
Employees receiving the insurance benefits
1. The employees receiving the insurance benefits prescribed in this Section are employees subject to compulsory social insurance as prescribed in Point a, b, c, d, dd, e and h Clause 1 Article 2 and employers as prescribed in Clause 3 Article 2 of the Law on social insurance.
At the same time, based on Clauses 1 and 3, Article 2 of the 2014 Law on Social Insurance in Vietnam on subjects of application of occupational accident insurance benefits as follows:
Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under labor contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense workers, public security workers and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
- Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;
- Salaried managers of enterprises and cooperatives;
- Part-time staffs in communes, wards and townships.
Employers covered by compulsory social insurance include:
- State agencies, non-business units and people's armed forces units;
- Political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations and other social organizations;
- Foreign agencies and organizations, and international organizations operating in the Vietnamese territory;
- Enterprises, cooperatives, individual business households, cooperative groups, and other organizations and individuals that hire or employ employees under labor contracts.
Who is eligible for occupational accident insurance benefits? What are the requirements for receiving occupational accident benefits in Vietnam? (Image from the Internet)
What are the requirements for receiving occupational accident benefits in Vietnam?
According to Article 45 of the 2015 Law on Occupational Safety and Hygiene in Vietnam on the requirements for receiving occupational accident benefits as follows:
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
- He/she has an accident:
+ At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
+ Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
+ On the route between home and work within a reasonable period of time and route;
- He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;
- The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law.
What are the premium rates and contribution sources to the Insurance fund for occupational accidents and occupational diseases?
Pursuant to Article 44 of the 2015 Law on Occupational Safety and Hygiene in Vietnam, the premium rates and contribution sources to the Insurance fund for occupational accidents and occupational diseases are as follows:
Premium rates and contribution sources to the Insurance fund
1. Every month, each employer shall make a contribution up to 1% of their salary fund which is the basis for paying social insurance premiums for employees as prescribed in Article 43 of this Law to the Insurance fund.
2. Contribution sources to the Insurance fund include:
a) Contributions under liability of employers prescribed in Clause 1 of this Article.
b) Profits from investment activities using the fund prescribed in Article 90 and Article 91 of Law on Social insurance;
c) Other lawful revenues.
3. According to balance of the Insurance fund, the Government shall promulgate detailed contribution rate to the Insurance fund prescribed in Clause 1 of this Article.
Thus, based on the above provisions, every month, each employer shall make a contribution up to 1% of their salary fund which is the basis for paying social insurance premiums for employees as prescribed in Article 43 of this Law to the Insurance fund.
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