Vietnam: From March 1, 2022, what are the regulations on the regimes for people suffering from occupational accidents and diseases?
- What are the regulations on the regimes for people suffering from occupational accidents and diseases?
- What are included in the applications for compensations and benefits?
- What are the regulations on salary as the basis for calculating compensations and benefits for workers leaving work due to occupational accidents and diseases?
- What are the time limits for compensations and benefits for occupational accidents and diseases?
What are the regulations on the regimes for people suffering from occupational accidents and diseases?
According to Articles 3 and 4 of Circular 28/2021/TT-BLDTBXH of Vietnam, persons suffering from occupational accidents and diseases will be entitled to 2 regimes, including compensation and benefits. Specific regulations on compensation and benefits are as follows:
Compensation for occupational accidents and diseases
(1) Eligibility for compensation:
a) Workers suffering from occupational accidents causing at least 5% work capacity reduction or death partially caused by these workers; except for cases prescribed in clause 1 Article 4 hereof.
b) Workers suffering from occupational diseases causing at least 5% work capacity reduction or death upon working to employers or before retiring, leaving work, or transferring to work for other employers (excluding cases that workers suffering from occupational diseases resulting from working for other employers).
(2) Compensation rules:
a) Compensation for occupational accidents shall be given immediately after each accident and not be totaled up;
b) Compensation for workers suffering from occupational diseases shall be given on the basis of:
- Percentage (%) of work capacity reduction (whole person impairment – WPI) for the first medical examination in the first accident.
- Increased percentage (%) of work capacity reduction to compensate differential part between the increase in percentage (%) of work capacity reduction compared to the previous result from the second accident onwards.
(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).
Vietnam: From March 1, 2022, what are the regulations on the regimes for people suffering from occupational accidents and diseases?
Benefits for occupational accidents
(1) Workers suffering from occupational accidents causing at least 5% work capacity reduction or workers’ relatives dying in occupational accidents shall be entitled to benefits for occupational accidents caused by these workers (based on conclusions of the minute of investigation of occupational accidents).
(2) Benefit rules: Benefits for occupational accidents shall be given immediately after each accident and not be totaled up.
(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 took 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).
What are included in the applications for compensations and benefits?
According to Article 6 of Circular 28/2021/TT-BLDTBXH of Vietnam, the applications for compensations and benefits are stipulated as follows:
(1) For a worker who is entitled to compensation and benefit for an occupational accident, his/her employer shall be responsible for preparing an application including:
a) A minute of incident investigation, a meeting report on publicizing the minute of incident investigation of an Incident Investigation Team at the grassroots or province level, or at the central level.
b) A report on medical assessment (a written confirmation of the work capacity deduction percentage resulting in an occupational accident or WPI caused by the occupational accident) or a written confirmation report of worker’s death of a medical authority or a declaration of death of a missing worker of a court.
c) A decision on compensation or benefit for the occupational accident of the employer (according to the form specified in Appendix II issued together with this Circular).
d) A written confirmation of accident on way (if any), for cases prescribed in point c clause 5 Article 35 of the Law on Occupational Safety and Hygiene. Contents of the written confirmation may follow the form specified in Appendix IV issued together with this Circular.
(2) For a worker who is entitled to compensation for an occupational accident, his/her employer shall be responsible for preparing an application including:
a) A dossier of occupational diseases of the worker as prescribed by current laws.
b) A written confirmation report of worker’s death of a medical authority or a medical assessment report (a written confirmation of the percentage of work capacity reduction resulting in the occupational disease) and a conclusion of a competent Medical Assessment Council.
c) A decision on compensation for the occupational disease from the employer (according to form specified in Appendix II issued together with this Circular).
(3) The application shall be made into 03 copies, including:
a) A copy is given to the employer.
b) Another one is given to the worker suffering the occupational accident or disease (or a relative of a worker who died due to an occupational accident or disease).
c) The last one is sent to a Department of Labor-War Invalids and Social Affairs of the area at which the enterprise or authority or organization's headquarters is located within 10 days since the day on which the decision on compensation for the occupational accident or disease or decision on benefit for the occupational accident is issued.
What are the regulations on salary as the basis for calculating compensations and benefits for workers leaving work due to occupational accidents and diseases?
According to Article 5 of Circular 28/2021/TT-BLDTBXH of Vietnam on salary as the basis as follows:
(1) Salary as the basis for calculating compensations and benefits prescribed in Articles 3 and 4 hereof and salary as the basis for calculating expenses payable for treatment and functional recovery prescribed in clause 3 Article 38 of the Law on Occupational Safety and Hygiene shall be the average amount of consecutive 6 months’ salary before the month on which occupational accidents or diseases occur. If the period of working or apprenticeship period is less than 6 months, the salary as the basis for calculating compensations and benefits is the average salary amount of months preceding the month on which occupational accidents occur or the month on which occupational diseases are confirmed.
(2) Monthly salary prescribed in clause 1 of this Article shall be determined according to each entity below:
a) For officials, public employees and people working for the people military forces or the people public security forces, their monthly salaries shall include salaries based on their ranks, positions and salary allowances (if any) (position based allowances, seniority allowances and seniority allowances beyond the frame).
b) For workers working under employment contracts, monthly salary shall include salaries, allowances and other additional amount that two parties has confirmed in their employment contracts.
c) For apprentices, who are entitled to pay, working for employers, their monthly salaries shall be their apprenticeship salaries agreed by two parties; in case of no pay, salary as the basis applied to calculate compensations and benefits prescribed in clause 1 of this Article shall be the minimum salary publicized by the Government in places at which apprentices work.
d) For apprenticeship officials and public employees, their monthly salaries shall be their apprenticeship salaries according to decisions of competent authorities.
dd) For apprenticeship workers, their monthly salaries shall be their apprenticeship salaries agreed by two parties according to regulations of the Labor Code.
What are the time limits for compensations and benefits for occupational accidents and diseases?
The time limits for compensations and benefits for occupational accidents and diseases are stipulated in Article 7 of Circular 28/2021/TT-BLDTBXH of Vietnam as follows:
(1) Decision on compensations or benefits of employers to their workers suffering occupational accidents or diseases must be completed within 05 working days from the days of receiving medical assessment reports of Medical Assessment Councils on percentage of work capacity reduction for serious occupational accidents or from the days on which Incident Investigation Teams of provinces or central authorities organize meetings about publicizing minutes of grassroots-level incident investigation for fatal accidents.
(2) Compensations and benefits must be provided once for workers or their relatives within 05 days from the days on which their employers make decisions on compensation and benefit.
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