Vietnam: What are the new policies on labor and insurance taking effect from February 2023? What are the new regulations on labor and insurance from February 2023?
- What are the new policies on labor and insurance taking effect from February 2023 in Vietnam?
- What are the changes in the conclusion of contracts for performing tasks in state agencies of Vietnam?
- Is it possible to re-expertise the health in Vietnam due to occupational accidents at any time without waiting 2 years as before?
- Shall employees suffering from cancer in Vietnam receive lump-sum social insurance benefits just after quitting their jobs without waiting for 01 year as before?
What are the new policies on labor and insurance taking effect from February 2023 in Vietnam?
From February 2023, there are 03 new policies on labor and insurance as follows:
- Changes related to the conclusion of contracts for performing tasks in state agencies.
- It is possible to re-expertise the health due to occupational accidents at any time without waiting 2 years as before.
- Employees suffering from cancer shall receive lump-sum social insurance benefits just after quitting their jobs without waiting for 01 year as before.
Thus, there are 03 new policies on labor and insurance mentioned as above.
What are the changes in the conclusion of contracts for performing tasks in state agencies of Vietnam?
From February 22, 2023, Decree 111/2022/ND-CP will take effect to replace Decree 68/2000/ND-CP. Ther are the changes in the conclusion of contracts for performing tasks in state agencies of Vietnam. Decree 111/2022/ND-CP has detailed the conclusion of contracts for performing tasks in administrative agencies and administrative units in 03 groups as follows:
Group 1: Support and serve the application of regulations according to the labor code, civil code, and other relevant regulations:
- Driver, guard, except in group 2.
- Receptionist and assistants; groceries; vehicle keeping workers; maintenance workers and operators of headquarters, equipment and machinery under for operations of agencies and units.
- Persons performing other supporting and serving jobs are not identified as civil servants or public employees.
Group 2: Support and serve the application of regulations and policies as civil servants, including:
- Security guards at the Office of the Party Central Committee, Office of the President, Office of the National Assembly, and Office of the Government; The vault or seal repository is only valid as the money of the State Bank, the State Treasury, the Tax Seal, the Customs Seal.
- Drivers of the Minister or equivalent or higher; drivers specialized in transporting money from the State Bank and the State Treasury;
- Persons performing other supporting and serving jobs are not identified as important and privy bodies at the Central Government.
Group 3: Professional jobs.
In addition, Decree 111/2022/ND-CP also limits only 02 types of contracts concluded with non-payroll people who are not cadres, civil servants, and employees in state agencies, including employment contracts, and service contracts instead of leasing contracts, economic contracts, or other types of contracts as before.
Is it possible to re-expertise the health in Vietnam due to occupational accidents at any time without waiting 2 years as before?
Pursuant to Clause 8 Article 1 of Circular 18/2022/TT-BYT as follows:
Amending and supplementing a number of articles of Circular No. 56/2017/TT-BYT dated December 29, 12 of the Minister of Health detailing the implementation of the Law on Social Insurance and the Law on Occupational Safety and Health in the field of health (hereinafter abbreviated as Circular No. 56/2017/TT-BYT)
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8. Clause 1 of Article 12 is amended as follows:
"1. In case of re-expertise of occupational accidents and occupational diseases, the employee may actively go to the examination to expertise rate of working capacity decreases and be paid the expertise fee in case the expertise results are eligible for increases in the allowance level of occupational accidents and occupational diseases.".
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This is also one of the new policies on labor and insurance taking effect in February 2023.
Thus, employees who have suffered occupational accidents or occupational diseases that have undergone health expertise to receive allowances for occupational accidents and occupational diseases can completely actively go to the examination to re-expertise the rate of working cability decreases at the demands.
According to the old regulations, if the employee wishes to re-expertise occupational accidents and occupational diseases, 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 rate of working cability decreases due to occupational accidents and occupational diseases before.
In addition, according to the new regulations, employees are also paid the re-expertise fee by the occupational accident and occupational disease benefit fund if the re-expertise results determine that the employee is eligible for increases in the allowance level of occupational accidents and occupational diseases. On the contrary, if the re-expertise results are not eligible for increases of the allowance level of occupational accidents and occupational diseases, the employee must pay re-expertise fees.
Shall employees suffering from cancer in Vietnam receive lump-sum social insurance benefits just after quitting their jobs without waiting for 01 year as before?
From February 15, 2023, Circular 18/2022/TT-BYT has amended regulations on cases of disease eligible for lump-sum social insurance benefits in Circular 56/2017/TT-BYT.
According to the new regulations, employees facing health problems will receive social insurance benefits if they fall into one of the following cases:
- People suffering from cancer, polio, cirrhosis of the liver, leprosy, severe tuberculosis, HIV/AIDS. Previously, according to Circular 56/2017/TT-BYT, people who suffer from cancer, polio, cirrhosis of the liver, leprosy, severe tuberculosis, HIV/AIDS and total loss of the worker’s functions, self-control or are unable to move, dress, keep personal hygiene and complete other everyday tasks without other people watching, helping and taking care of them shall receive lump-sum social insurance benefits.
- People suffering from diseases with a rate of working cability decreases of 81% or more and who are unable to self-control or perform their own daily activities.
Thus, employees suffering from cancer can receive lump-sum social insurance benefits just after quitting their jobs without waiting for 01 year as before.
Circular 18/2022/TT-BYT will take effect from February 15, 2023.
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