What are the requirements for receiving occupational disease benefits in Vietnam according to regulations?
What are the requirements for receiving occupational disease benefits in Vietnam?
Pursuant to the provisions of Article 46 of the 2015 Law on Occupational Safety and Hygiene in Vietnam on the requirements for receiving occupational disease benefits as follows:
Requirements for receiving occupational disease benefits
1. An employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:
b) He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law;
b) He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of this Article.
2. If an employee who has retired or no longer does the jobs posing risk of occupational diseases on the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law is detect any occupational disease within a prescribed time, he/she might receive benefits as prescribed by the Government.
Thus, based on the above provisions, an employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:
- He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law;
- He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of this Article.
What are the requirements for receiving occupational disease benefits in Vietnam according to regulations? (Image from the Internet)
How much is the level of financial assistance in occupational disease treatment?
According to the provisions of Article 21 of Decree No. 88/2020/ND-CP on the level of financial assistance in occupational disease treatment as follows:
Level of financial assistance in occupational disease treatment
1. The assistance is 50% of the costs of treatment of the occupational disease determined on the basis of list of prices of occupational disease treatment promulgated by Minister of Health at the time on which the employee had the occupational disease treatment and after health insurance payout has been provided, but such assistance must not exceed VND 15,000,000 per person.
2. The assistance is provided to each employee twice at the maximum and only once a year.
Thus, according to regulations, the level of financial assistance in occupational disease treatment is 50% of the costs of treatment of the occupational disease determined on the basis of list of prices of occupational disease treatment promulgated by Minister of Health at the time on which the employee had the occupational disease treatment and after health insurance payout has been provided, but such assistance must not exceed VND 15,000,000 per person.
What are the responsibilities of employers to employees suffering from occupational diseases in Vietnam?
According to Article 38 of the 2015 Law on Occupational Safety and Hygiene in Vietnam, each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases in Vietnam as follows:
- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
+ Full payment for treatment for the employee if the employee has not health insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;
- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;
- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;
- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of this Article shall include salary, allowances and additional payments as prescribed in legislation on labor.
- The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clauses 3, 4, and 5 of this Article.
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