What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
- What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
- What are the procedures for providing financial assistance in occupational disease examination in Vietnam?
- What is the convalescence and health rehabilitation after injury or disease treatment in Vietnam?
What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
In Article 16 of Decree 88/2020/ND-CP, there are provisions as follows:
Conditions for receipt of financial assistance in occupational disease examination for employees
An employer shall be provided with financial assistance in occupational disease examination for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:
1. The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.
2. The employee is diagnosed with an occupational disease by an occupational health facility.
Accordingly, an employer shall be provided with financial assistance in occupational disease examination for an employee if the employee satisfies the following conditions:
- The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.
- The employee is diagnosed with an occupational disease by an occupational health facility.
What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
What are the procedures for providing financial assistance in occupational disease examination in Vietnam?
Pursuant to Article 19 of Decree 88/2020/ND-CP, there are provisions as follows:
Sequence of providing financial assistance in occupational disease examination
1. If the conditions specified in Article 16 are satisfied, the employer shall submit 01 application prescribed in Article 18 hereof to the Department of Labor, War Invalids and Social Affairs.
2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 06 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the employer or employee who submitted the application.
3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational disease examination to the employer or employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.
Thus, the procedure for providing financial assistance in occupational disease examination is carried out according to the above regulations.
In addition, the application for financial assistance in occupational disease examination includes the following documents:
- An application form for financial assistance in occupational disease examination, which is made using the Form No. 05 in the Appendix of Decree 88/2020/ND-CP.
- A certified true copy of the occupational disease record from the occupational health facility.
- Copies of documents evidencing payment of costs of occupational disease examination.
What is the convalescence and health rehabilitation after injury or disease treatment in Vietnam?
Pursuant to Article 54 of the Law on Occupational Safety and Health 2015 stipulates as follows:
Convalescence and health rehabilitation after injury or disease treatment
1. An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.
If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of this Article if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.
2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:
a) Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;
b) Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;
c) Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;
3. The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of this Article shall equal 30% of the statutory pay rate.
Thus, the regime of convalescence and health rehabilitation after illness treatment is carried out according to the above regulations.
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