When are employees entitled to occupational accident and occupational disease benefits in Vietnam? What are the employer's responsibilities?
What is an occupational accident? What is an occupational disease?
Pursuant to Clause 8, Article 3 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating as follows:
Interpretation of terms
…
8. Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.
Thus, occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.
Pursuant to Clause 9, Article 3 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating as follows:
Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
…
9. Occupational disease means a disease caused by the harmful working condition of an occupation on an employee.
According to that, occupational disease means a disease caused by the harmful working condition of an occupation on an employee.
When are employees entitled to occupational accident and occupational disease benefits in Vietnam? What are the employer's responsibilities?
When are employees entitled to occupational accident and occupational disease benefits in Vietnam?
Pursuant to Article 45 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating 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, 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.
Pursuant to Article 46 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating as follows:
Requirements for receiving occupational disease benefit
1. An employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:
a) He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law;
b) He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of this Article.
2. If an employee who has retired or no longer does the jobs posing risk of occupational diseases on the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law is detect any occupational disease within a prescribed time, he/she might receive benefits as prescribed by the Government.
Thus, an employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:
- He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the 2015 Law on Occupational Safety and Hygiene of Vietnam;
- He/she suffers a working capacity decrease of at least 5% caused by a disease.
- If an employee who has retired or no longer does the jobs posing risk of occupational diseases on the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the 2015 Law on Occupational Safety and Hygiene of Vietnam is detect any occupational disease within a prescribed time, he/she might receive benefits as prescribed.
What are the responsibilities of employers for employees suffering from occupational accidents and occupational diseases?
Pursuant to Article 38 of the 2015 Law on Occupational Safety and Hygiene of Vietnam, the responsibilities of employers to employees suffering from occupational accidents or occupational diseases are as follows:
- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
+ Full payment for treatment for the employee if the employee has not health insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;
- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;
- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
- If the employer does not buy the insurance for the employee subject to compulsory social insurance as prescribed in Law on social insurance, apart from the compensation and/or benefit prescribed in Article 38 of this Law, the employer shall pay an amount equivalent to the insurance benefits prescribed in Section 3 of this Chapter; the payment is a lump-sum payment or a monthly payment depending on contracting parties, or at the request of the employee if they cannot reach an agreement.
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