What are the documents for claiming occupational accident benefit for Vietnamese employees who have an accident outside the workplace?
- If an employee has an accident outside the workplace, will he/she receive occupational accident insurance benefit in Vietnam?
- How to calculate the lump-sum benefit based on the working capacity decrease in Vietnam?
- What are the regulations on medical assessment of decreased work capacity in Vietnam?
If an employee has an accident outside the workplace, will he/she receive occupational accident insurance benefit in Vietnam?
Pursuant to the provisions of Article 45 of the Law on Occupational Safety and Hygiene 2015, the requirements for receiving occupational accident benefit are as follows:
Requirements for receiving occupational accident benefit
An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:
1. He/she has an accident:
a) 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;
b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
c) On the route between home and work within a reasonable period of time and route;
2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;
3. 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.
Thus, If an employee has an accident outside the workplace, he/she will receive occupational accident insurance benefit when the following requirements are satisfied:
- 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.
In addition, it is necessary to meet the conditions of suffering a working capacity decrease of at least 5% caused by an accident and not be covered by the Insurance fund if he/she has an accident caused by one of the reasons.
Pursuant to the provisions of Article 57 of the Law on Occupational Safety and Hygiene 2015, regulations on documents for claiming occupational accident benefit are as follows:
Documents for claiming occupational accident benefit
1. A social insurance book.
2. A hospital discharge note or copies of medical records after occupational accident treatment for an inpatient.
3. A report of medical assessment of decreased work capacity made by Medical Examination Council.
4. A claim form for occupational accident benefit using the form issued by Vietnam Social Security with the consent of the Ministry of Labor, War Invalids and Social Affairs.
Thus, the documents for claiming occupational accident benefit for employees who have an accident outside the workplace includes:
- A social insurance book.
- A hospital discharge note or copies of medical records after occupational accident treatment for an inpatient.
- A report of medical assessment of decreased work capacity made by Medical Examination Council.
- A claim form for occupational accident benefit using the form issued by Vietnam Social Security with the consent of the Ministry of Labor, War Invalids and Social Affairs.
What are the documents for claiming occupational accident benefit for Vietnamese employees who have an accident outside the workplace?
How to calculate the lump-sum benefit based on the working capacity decrease in Vietnam?
Pursuant to the provisions of Article 48 of the Law on Occupational Safety and Hygiene 2015, regulations on one-time benefits are as follows:
Lump-sum benefit
1. Each employee suffering a working capacity decrease of between 5% and 30% is entitled to a lump-sum benefit.
2. Lump-sum benefit levels:
a) Each employee suffering a 5% working capacity decrease is entitled to a benefit which is five times more than the statutory pay rate, a half of the statutory pay rate shall be added to each additional 1% working capacity decrease;
b) Apart from the benefit level prescribed in Point a of this Clause, each employee is entitled to an additional benefit determined according to the payment period of the insurance premiums which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 month’s salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment; if the employee suffers from the occupational accident in the first month he/she pays premium or discontinued payment of premium until returning to work, the salary of such month shall be the basis for determination of that benefit.
3. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on determination of benefit occupational accident benefit or occupational disease benefit in case of changes in benefit levels given to employees due to re-assessment or thorough assessment.
Thus, the benefit level received is calculated based on the working capacity decrease = (5 x statutory pay rate) + [(0.5 x (% of working capacity decrease -5)) x statutory pay rate]
In addition, employee is entitled to an additional benefit determined according to the payment period of the insurance premiums.
- For a period of social insurance premium payment of one year or less, and shall then be added with 0.3 month’s salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment;
- Tf the employee suffers from the occupational accident in the first month he/she pays premium or discontinued payment of premium until returning to work, the salary of such month shall be the basis for determination of that benefit.
What are the regulations on medical assessment of decreased work capacity in Vietnam?
Pursuant to Article 47 of the Law on Occupational Safety and Hygiene 2015 stipulates as follows:
Medical assessment of decreased work capacity
1. An employee involving in an occupational accident or suffering from an occupational disease is entitled to undergo medical assessment or medical re-assessment of decreased work capacity if he/she is in one of the following cases:
a) Their health condition has become stable after treatment of the first time injury or disease but there are sequelae affecting their health;
b) Their health condition has become stable after treatment of the relapse injury or disease;
c) If their health condition cannot become stable after treatment of the injury or disease as prescribed by the Minister of Health, the employee is entitled to undergo a medical assessment before or during the treatment process.
2. An employee is entitled to thorough assessment of their decreased work capacity when he/she is in one of the following cases:
a) He/she both suffers from an occupational accident and suffers from an occupational disease;
b) He/she suffers from multiple occupational accidents;
c) He/she suffers from multiple occupational diseases.
3. The employee prescribed in Point b Clause 1 of this Article shall be entitled to undergo medical re-assessment of occupational accidents or occupational diseases after 24 months, from the date on which the employee receives the preceding conclusion of decreased work capacity rate made by the Medical Examination Council; in case the employee’s health decline considerably, the period of time for re-assessment shall be shortened as prescribed by the Minister of Health.
Thus, the assessment of reduced working capacity is carried out according to the above regulations.
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