What is the maximum level of financial assistance in occupational rehabilitation in Vietnam? What are the procedures for providing financial assistance in occupational rehabilitation to employees?
- When will an employee be provided with financial assistance in occupational rehabilitation in Vietnam?
- What is the maximum level of financial assistance in occupational rehabilitation in Vietnam?
- What are the procedures for providing financial assistance in occupational rehabilitation to employees in Vietnam?
When will an employee be provided with financial assistance in occupational rehabilitation in Vietnam?
In Article 24 of Decree 88/2020/ND-CP, there are regulations on conditions for financial support for labor rehabilitation
Conditions for financial assistance in occupational rehabilitation
An employee shall be provided with financial assistance in occupational rehabilitation as prescribed in Point b Clause 2 Article 56 of the Law on Occupational Safety and Health if the following conditions are satisfied:
1. A health facility has recommended occupational rehabilitation;
2. He/she suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;
3. He/she is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.
Thus, employees who suffers from WPI of at least 31% as a result of the occupational accident or occupational disease will receive financial assistance in occupational rehabilitation. At the same time, two additional conditions must be met:
- Appointed by a medical examination and treatment facility for labor function rehabilitation;
- Participating in labor accident and occupational disease insurance according to the provisions of law at the time of the labor accident or occupational disease.
What is the maximum level of financial assistance in occupational rehabilitation in Vietnam? What are the procedures for providing financial assistance in occupational rehabilitation to employees?
What is the maximum level of financial assistance in occupational rehabilitation in Vietnam?
In Article 25 of Decree 88/2020/ND-CP, there are regulations on the level of financial assistance in occupational rehabilitation as follows:
Level of financial assistance in occupational rehabilitation
1. The assistance is 50% of the costs of occupational rehabilitation determined on the basis of list of prices of occupational rehabilitation promulgated by Minister of Health at the time of occupational rehabilitation and after health insurance payout has been provided, but such assistance must not exceed VND 3,000,000 per person per time.
2. The assistance is provided to each employee twice at the maximum and only once a year.
Thus, the maximum level of financial assistance in occupational rehabilitation is equal to 50% of the costs of occupational rehabilitation, but must not exceed VND 3,000,000 per person per time.
Note: costs of occupational rehabilitation are determined on the basis of list of prices of occupational rehabilitation promulgated by Minister of Health at the time of occupational rehabilitation and after health insurance payout has been provided.
What are the procedures for providing financial assistance in occupational rehabilitation to employees in Vietnam?
In Article 27 of Decree 88/2020/ND-CP, there are regulations on the procedures for providing financial assistance in occupational rehabilitation to employees.
Sequence of providing financial assistance in occupational rehabilitation to employees
1. The employer shall submit 01 application prescribed in Article 26 hereof to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment for comparison purpose.
2. Within 05 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. 10 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 rehabilitation to the employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.
Accordingly, the procedures for providing financial assistance in occupational rehabilitation to employees are carried out through the following steps:
Step 1: The employer shall submit 01 application to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment for comparison purpose. Application includes:
- An application form for financial assistance in occupational rehabilitation, which is made using the Form No. 09 in the Appendix of Decree 88/2020/ND-CP.
- In the case of referral between hospitals, a certified true copy of the referral letter from the hospital to the occupational rehabilitation unit of another health facility; in the case of a hospital that has a rehabilitation department, a certified true copy of the medical record stating that the patient is referred to the rehabilitation department.
- Copies of documents evidencing payment of costs of occupational rehabilitation, excluding funding for rehabilitation equipment.
Step 2: Within 05 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. 10 in the Appendix of Decree 88/2020/ND-CP 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
Step 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 rehabilitation to the employee.
In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs
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