New policies on labor and insurance in Vietnam effective from February 2023? Amending regulations on reassessment of health due to occupational accidents in Vietnam?
- New policies on labor and insurance in Vietnam effective from February 2023?
- Amending regulations on reassessment of health due to occupational accidents in Vietnam?
- Are employees suffering from cancer entitled to lump-sum social insurance benefits right after resignation without postponement of 1 year?
- What are changes in the contract regime for some jobs in state agencies?
New policies on labor and insurance in Vietnam effective from February 2023?
From February 2023, there are 03 new policies on labor and new insurance as follows:
- Changes related to the contract regime for some jobs in state agencies.
- Health can be re-examined due to occupational accidents at any time without waiting 2 years as before.
- Having cancer, the employee is entitled to receive lump-sum social insurance right after leaving the job without waiting for 01 year as before.
New policies on labor and insurance in Vietnam effective from February 2023? Amending regulations on reassessment of health due to occupational accidents in Vietnam?
Amending regulations on reassessment of health due to occupational accidents in Vietnam?
One of the new policies on labor - insurance that took effect in February 2023, notably mentioned in Circular 18/2022/TT-BYT of Vietnam, is:
According to the provisions of Clause 8, Article 1 of Circular 18/2022/TT-BYT of Vietnam stipulating as follows:
Amending and supplementing a number of articles of Circular No. 56/2017/TT-BYT dated December 29, 2017 of the Minister of Health detailing the implementation of the Law on Social Insurance and the Law on Occupational Safety and Hygiene in the health sector (hereinafter referred to as Circular No. 56/2017/TT-BYT)
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8. To amend Clause 1, Article 12 as follows:
"1. For cases of re-examination of occupational accidents and occupational diseases, employees are entitled to take the initiative to go for an assessment of working capacity reduction and be paid a fee for assessment in case the assessment results are satisfactory to increase the allowance for occupational accidents and diseases."
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Thus, according to the above regulations, employees suffering from occupational accidents or diseases who have undergone a health assessment to enjoy the occupational accident and occupational disease regime can take the initiative to go to the doctor to reassess the decrease in working capacity if necessary.
According to the old regulations, if the employee wants to re-assess the occupational accident or occupational disease, the employee must wait at least 02 years (full 24 months) from the date the employee is concluded by the Medical Assessment Council that the decrease in working capacity due to the most recent previous occupational accident or occupational disease.
In addition, according to the new regulations, the employee is also entitled to the occupational accident and disease insurance fund to pay the fee for re-examination if the results of the assessment determine that the employee is eligible to increase the allowance for occupational accidents and diseases.
On the contrary, if the reassessment results are not enough to be adjusted to increase the allowance, the employee who actively requests for re-examination will have to bear the cost of the examination and assessment.
Are employees suffering from cancer entitled to lump-sum social insurance benefits right after resignation without postponement of 1 year?
From February 15, 2023, Circular 18/2022/TT-BYT of Vietnam has revised the regulations on sick cases entitled to lump-sum social insurance in Circular 56/2017/TT-BYT of Vietnam.
According to the new regulations, employees with health problems will be entitled to social insurance benefits if they fall into one of the following cases:
- People who are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has turned to AIDS. Previously, Circular 56/2017/TT-BYT required that employees suffering from cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, etc. must also meet the additional condition that they do not carry out daily personal activities by themselves but need someone to monitor, assist and take care of them completely before they can be entitled to one-time social insurance benefits right after they quit their jobs.
- Persons suffering from diseases and illnesses with a labor reduction of 81% or more and unable to control themselves or perform daily activities of personal activities but need someone to monitor, assist and take care of them.
Thus, employees who unfortunately have cancer can receive lump-sum social insurance right after leaving work without waiting for 01 year as previously prescribed.
Circular 18/2022/TT-BYT of Vietnam takes effect from February 15, 2023.
What are changes in the contract regime for some jobs in state agencies?
From February 22, 2023, Decree 111/2022/ND-CP takes effect to replace Decree 68/2000/ND-CP. Therefore, the regulations related to the contract regime for some jobs in state agencies are also changed. Decree 111/2022/ND-CP has detailed the implementation of the contract regime in administrative agencies and public service providers into 03 groups, specifically as follows:
Group 1: Support and service jobs subject to regimes according to labor and civil laws and other relevant regulations:
- Driving, guarding, except for cases in group 2.
- Receptionist, serving; Housekeeper; Keep car; maintaining, maintaining and operating the headquarters, equipment and machinery serving the activities of the agency or unit.
- Other support and service jobs that are not defined as civil servants or public employees.
Group 2: Support and service work applying the same regimes and policies as civil servants, including:
- Security guard at the Office of the Party Central Committee, Office of the President, Office of the National Assembly, Office of the Government; The Vault or the Vault of Seals has the same value as the money of the State Bank, the State Treasury, the Tax Seals, and the Customs Seals.
- Driving a car for the Minister or equivalent or higher; special-use vehicles for transporting money of the State Bank and State Treasury;
- People who do other support and service jobs at important and secret agencies at the Central Government.
Group 3: Professional work.
In addition, Decree 111/2022/ND-CP also limits only 02 types of contracts signed with non-payroll people, not cadres, civil servants and public employees in state agencies, which are employment contracts and service contracts.
Instead of the former administrative agencies, public service providers can also sign asset lease contracts, economic contracts or other types of contracts.
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