When are foreign workers in Vietnam eligible to participate in compulsory social insurance?
- When are foreign workers in Vietnam eligible to participate in compulsory social insurance?
- How do foreign workers in Vietnam enjoy occupational accident and occupational disease benefit in Vietnam?
- What are the conditions for foreign workers in Vietnam to receive occupational accident insurance benefit?
When are foreign workers in Vietnam eligible to participate in compulsory social insurance?
Employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory SI program if they obtain work permits, practicing certificates, practicing licenses issued in Vietnam, indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam (stipulated in Clause 1, Article 2 of Decree 143/2018/ND-CP).
When are foreign workers in Vietnam eligible to participate in compulsory social insurance?
How do foreign workers in Vietnam enjoy occupational accident and occupational disease benefit in Vietnam?
According to the provisions of Clause 3, Article 8 of Decree 143/2018/ND-CP, regulations on occupational accident insurance benefits are as follows:
Occupational accident and occupational disease benefit
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3. Occupational accident and occupational disease benefit entitlement rates
a) The one-off insurance benefit payment shall be subject to Article 48 of the Law on Occupational Safety and Hygiene;
b) The monthly insurance benefit shall be subject to clauses 1, 2, 3, 4 and clause 6 Article 49 of the Law on Occupational Safety and Hygiene.
Accordingly, the lump-sum benefit payment shall be subject to Article 48 of the Law on Occupational Safety and Hygiene 2015 as follows:
- Each employee suffering a working capacity decrease of between 5% and 30% is entitled to a lump-sum benefit.
- Lump-sum benefit levels:
+ 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;
+ 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.
- 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.
In addition, the monthly allowance is implemented according to the provisions of Clauses 1, 2, 3, 4 and Clause 6, Article 49 of the Law on Occupational Safety and Hygiene 2015 as follows:
- Each employee suffering a working capacity decrease of at least 31% is entitled to a monthly benefit.
- Monthly benefit levels:
+ Each employee suffering a 31% working capacity decrease is entitled to benefit equivalent to 30% of the statutory pay rate, 2% of the statutory pay rate shall be added to each additional 1% working capacity decrease;
Apart from the benefit levels prescribed in Point a of this Clause, each employee is entitled to receive a monthly additional benefit determined according to the period of social insurance premium payment, 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% of the 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.
- Suspension from or continuation of receipt of monthly benefit of occupational accidents or occupational diseases, or attendance benefit shall comply with Article 64 of Law on Social insurance; documents and procedures for continuation of receipt of monthly benefit of occupational accidents or occupational diseases shall comply with Article 113 and Article 114 of Law on Social insurance. If the receipt of benefit suspend as prescribed in Point c Clause 1 Article 64 of Law on Social insurance, social security agency shall send notifications and provide explanation; decision on termination of benefit receipt shall comply with conclusion of the competent agency.
- If a person who is receiving a monthly occupational accident benefit settles another place in the country and wishes to receive the benefit at the new place, he/she shall send an application to the former social security agency. Within 05 days, from the date on which the application is received, the social security agency shall verify the application; if the application is rejected, they must provide explanation in writing.
- The monthly benefit levels of occupational accidents or occupational diseases, or attendance benefit levels shall be adjusted as prescribed in Law on Social insurance.
What are the conditions for foreign workers in Vietnam to receive occupational accident insurance benefit?
Occupational accident and occupational disease benefit are specified in Clause 1, Article 8 of Decree 143/2018/ND-CP as follows:
Occupational accident and occupational disease benefit
1. Benefit entitlement requirements
a) Requirements for entitlement to the occupational accident benefit shall be subject to Article 45 of the Law on Occupational Safety and Hygiene;
Thus, requirements for receiving occupational accident benefit comply with Article 45 of the Law on Occupational Safety and Hygiene 2015 as follows:
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;
- 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 the Law on Occupational Safety and Hygiene 2015.
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