Vietnam: What kind of benefits will workers suffering from occupational accidents receive in 2023 according to the law?
When is the time for receiving occupational accident benefits in Vietnam?
Pursuant to Article 50 of the 2015 Law on Occupational Safety and Hygiene in Vietnam stipulating as follows:
Time for benefit receipt
1. Time for benefit receipt prescribed in Article 48, 49 and 52 of this Law shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient; with regard to thorough assessment of decreased work capacity prescribed in Clause 2 Article 47 of this Law, the time for benefit receipt shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital regarding the last occupational accident or occupational disease or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient.
If it fails to determine the time for which the employee’s health become stable or he/she is discharged from the hospital, the time for benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council; if the employee is infected with HIV/AIDS due to occupational accidents, the time for benefit receipt shall be determined from the month in which the employee receive a Certificate of HIV/AIDS infection due to occupational accidents.
2. If the employee undergoes medical assessment of decreased work capacity prescribed in Point b Clause 1 and Clause 2 Article 47 of this Law, the time for new benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council.
Thus, the time for receiving occupational accident benefits shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital regarding the last occupational accident or occupational disease or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient.
What kind of benefits will workers suffering from occupational accidents receive in 2023 according to the law?
What are the requirements for receiving occupational accident benefits in Vietnam?
Pursuant to Article 45 of the 2015 Law on Occupational Safety and Hygiene in Vietnam, 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.
What kinds of benefits for people suffering from occupational accidents according to current regulations are there?
- Compensation for occupational accidents
Pursuant to Clause 3, Article 3 of Circular No. 28/2021/TT-BLDTBXH stipulating as follows:
Compensation for occupational accidents and diseases
…
3. Rate of compensation:
Compensation for workers suffering from occupational accidents is prescribed in points a and b clause 1 of this Article as follows:
a) At least a 30 months’ salary shall be paid for workers suffering from a work capacity reduction of at least 81% or for relatives of workers who died in occupational accidents or diseases.
b) At least a 1,5 month’s salary shall be paid for workers suffering from a work capacity reduction of between 5% and 10%; if workers suffer from a work capacity reduction of from 11% to 80%, a 0,4 month’s salary shall be added according to the following formula or Appendix I issued together with this Circular for every 1% increase in work capacity reduction percentage:
Tbt = 1,5 + {(a - 10) x 0,4}
Whereas:
- Tbt: amount of compensation for workers suffering from at least 11% work capacity reduction (unit: months’ salary);
- 1,5: amount of compensation for workers suffering from a work capacity reduction of from 5% to 10%;
- a: percentage (%) of work capacity reduction of workers suffering occupational accidents or diseases;
- 0,4: Coefficient of compensation when work capacity reduction percentage increases by 1%.
Example 1:
- Mr. A has suffered from an occupational disease and taken the first medical assessment to confirm a 15% work capacity reduction. The first compensation for Mr. A shall be calculated as follow:
Tbt = 1,5 + {(15- 10) x 0,4}= 3,5 (months’ salary).
- Periodically, Mr. A had 35% work capacity reduction in the second medical assessment (the work capacity reduction had increased by 20% compared to the first medical assessment). The second compensation for Mr. A shall be calculated as follow:
Tbt = 20 x 0,4 = 8,0 (months’ salary).
- Benefits for occupational accidents
Pursuant to Clause 3, Article 4 of Circular No. 28/2021/TT-BLDTBXH stipulating as follows:
Benefits for occupational accidents
…
3. Rate of benefits:
a) At least a 12 months’ salary shall be paid for workers suffering at least 81% work capacity reduction or for relatives of workers dying in occupational accidents or diseases;
b) At least a 0,6 month’s salary shall be paid for workers suffering from a work capacity reduction of between 5% and 10%; if workers suffer from a work capacity reduction of from 11% to 80%, the following formula or Appendix I issued together with this Circular shall be applied:
Ttc = Tbt x 0,4
Whereas:
- Ttc: Rate of benefits for workers suffering at least over 10% work capacity reduction (unit: months’ salary);
- Tbt: amount of compensation for workers suffering at least 10% work capacity reduction (unit: month’s salary);
Example 2:
- Mr. B has suffered from an occupational accident caused by himself due to violations against regulations on occupational safety. Mr. B took a medical assessment to confirm a 15% work capacity reduction after this accident. The first benefit for Mr. B: Ttc = Tbt x 0,4 = 3,5 x 0,4 = 1,4 (month’s salary).
- Then Mr. B has suffered from another accident when he was returning home after work (this case is investigated and confirmed to be entitled to benefits according to clause 1 of this Article). Mr. B has taken a medical assessment to confirm a 20% work capacity reduction after this accident. The second benefit for Mr. B shall be calculated as follow:
Ttc = Tbt x 0,4 = 5,5 x 0,4 = 2,2 (months’ salary).
- Benefits for occupational accidents or diseases for workers firstly assessed as work capacity reduction
Pursuant to Clause 1, Article 9 of Circular No. 28/2021/TT-BLDTBXH stipulating as follows:
Benefits for occupational accidents or diseases for workers firstly assessed as work capacity reduction
1. A lump-sum benefit for an occupational accident or disease prescribed in clause 2 Article 48 of the Law on Occupational Safety and Hygiene is calculated as follows:
Whereas:
- Lmin: the statutory pay rate of the month in which the worker enjoys the benefit.
- m: work capacity reduction percentage of the worker suffering the occupational accident or disease (m is an absolute value from 5 to 30).
- L: amount of salary used to pay to the fund according to clause 7 Article 11 of Decree No. 88/2020/ND-CP.
- t: total number of years that the payment to the fund is taken according to clause 6 Article 11 of Decree No. 88/2020/ND-CP.
Thus, according to current regulations, employees will be entitled to the above occupational accident benefits when they fully meet the conditions and are eligible for occupational accident benefits according to each specific above regulation.
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