Vietnam: What is the assistance level for students facing occupational accidents during the practice duration?
- Shall students facing occupational accidents during the practice duration in Vietnam receive benefits?
- What is the assistance level for students facing occupational accidents during the practice duration in Vietnam?
- What are the responsibilities of education and training institutions and vocational education and training institutions for students facing occupational accidents during the practice duration in Vietnam?
Shall students facing occupational accidents during the practice duration in Vietnam receive benefits?
Pursuant to Article 70 of the 2015 Law on Occupational Safety and Hygiene as follows:
Occupational safety and hygiene applicable to students, apprentices, and interns
1. Educational institutions and vocational institutions shall ensure requirements for occupational safety and hygiene applicable to students, and apprentices during their practice duration similar to the employees prescribed in Articles 15, 15, 18, 19, 20, 23, 24, 25, and Clause 1 Article 27 of this Law.
2. The employer shall implement regulations on occupational safety and hygiene applicable to apprentices and interns similarly to the employees prescribed in this Law, including cases in which they have occupational accidents.
3. During the practice duration, students, and apprentices must comply with regulations on occupational safety and hygiene promulgated by education and training institutions and vocational education and training institutions.
If a student has an occupational accident during the practice duration, he/she shall receive benefits as prescribed by the Government.
Accordingly, students facing occupational accidents during the practice duration in Vietnam receive benefits according to regulations.
What is the assistance level for students facing occupational accidents during the practice duration in Vietnam?
Pursuant to Clause 4, Article 33 of Decree 39/2016/ND-CP as follows:
Support from education and training institutions and vocational education and training institutions for pupils and students who have occupational accidents during their practice duration
...
4. Provides one-time assistance in cash for the affected pupils and students as follows:
a) At least equal to 0.6 time of statutory pay rate in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive an additional 0.16 time of statutory pay rate in case of working capacity reduction from 11% to 80%;
b) At least equal to 12 times of statutory pay rate for pupils and students with the working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accidents;
c) Assistance to the affected pupils and students must be conducted within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to accident.
Accordingly, the one-time assistance level in cash for students facing occupational accidents during the practice duration is as follows:
- At least equal to 0.6 time of statutory pay rate in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive an additional 0.16 time of statutory pay rate in case of working capacity reduction from 11% to 80%;
- At least equal to 12 times of statutory pay rate for pupils and students with the working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accidents;
Note: Assistance to the affected pupils and students must be conducted within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to an accident.
What are the responsibilities of education and training institutions and vocational education and training institutions for students facing occupational accidents during the practice duration in Vietnam?
Pursuant to Article 33 of Decree 39/2016/ND-CP, the responsibilities of education and training institutions and vocational education and training institutions for students facing occupational accidents during the practice duration in Vietnam are:
- Promptly provide first-aid and emergency for affected pupils and students.
- Pay medical fees from first-aid and emergency to stable treatment for the affected pupils and students as follows:
+ Pay in advance and pays the co-payments and the expenses not included in the list paid by the health insurance for pupils and students who participate in health insurance;
+ Pay all medical expenses for pupils and students who do not participate in health insurance;
- Introduce the affected pupils and students for medical examination to determine the body injury at the medical examination Council and pays the fees of consultation and examination of body injury.
- Provide one-time assistance in cash for students facing occupational accidents during the practice duration at the level specified in Clause 4, Article 33 of Decree 39/2016/ND-CP
- For cases where students are employees sent by employers to study, education and training institutions and vocational education and training institutions shall:
+ Perform responsibilities for students specified in Clause, Article 33 of Decree 39/2016/ND-CP
+ Coordinate with employers to declare, investigate and report occupational accidents in accordance with the Law on Occupational Safety and Hygiene 2015 and Decree 39/2016/ND-CP
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