08:29 | 21/10/2022

What is the administrative penalty imposed upon the employer for failing to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam?

May I ask for the administrative penalty imposed upon the employer for failing to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam according to current regulations? - Question of Mr. Hiep from Tra Vinh.

Does the employer have to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam?

According to Clause 2, Article 38 of the 2015 Law on Occupational Safety and Hygiene in Vietnam on the responsibilities of employers to employees suffering from occupational accidents or occupational diseases as follows:

Responsibilities of employers to employees suffering from occupational accidents or occupational diseases
Each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:
2. Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
a) Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
b) 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;
c) Full payment for treatment for the employee if the employee has not heath insurance;

Thus, according to the regulations, the employer is responsible for co-payment and costs not covered by health insurance for the employee if the employee has health insurance.

What is the administrative penalty imposed upon the employer for failing to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam?

What is the administrative penalty imposed upon the employer for failing to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam? (Image from the Internet)

How much is the administrative penalty imposed upon the employer for failing to make co-payments for the employee who holds a valid health insurance policy and suffers from occupational accidents or occupational diseases in Vietnam?

Pursuant to Clause 1, Article 23 of Decree No. 12/2022/ND-CP stipulating as follows:

Violations against regulations on responsibility of employer to employees suffering from occupational accidents or occupational diseases
1. A fine ranging from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to provide first aid or emergency care t employees suffering from occupational accidents;
b) Failing to make co-payments or other expenses which are not covered by the health insurance fund for the employee who holds valid health insurance policy and suffers from occupational accidents or diseases;
c) Failing to make advance payments of costs of first aid or emergency care or failing to pay all costs of medical services ranging from first aid, emergency care to stable treatment for the employee who does not have a valid health insurance policy and is suffering from occupational accidents or diseases;
d) Failing to recommend employees suffering from occupational accidents or diseases for medical assessment, determination of the level of work capacity reduction, treatment or functional rehabilitation in accordance with regulations of law;
dd) Failing to pay costs of medical examination for assessment of work capacity reduction levels which must be payable by the employer in accordance with regulations of law;
e) Failing to pay or insufficiently or lately paying compensation or allowances to employees suffering from occupational accidents or diseases in accordance with regulations of law.

Thus, the employer failing to make co-payments or other expenses which are not covered by the health insurance fund for the employee who holds valid health insurance policy and suffers from occupational accidents or diseases may face a fine ranging from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND 75.000.000.

Is the employer compelled to make co-payments for the employee who holds valid health insurance policy and suffers from occupational accidents or occupational diseases after having been administratively sanctioned?

According to Clause 3, Article 23 of Decree No. 12/2022/ND-CP stipulating as follows:

Violations against regulations on responsibility of employer to employees suffering from occupational accidents or occupational diseases
3. Remedial measures
a) The employer that commits the violation specified in Point b Clause 1 of this Article is compelled to make co-payments and pay other expenses which are not covered by the health insurance fund for the employee who holds a valid health insurance policy and suffers from occupational accidents or diseases;
b) The employer that commits the violation specified in Point c Clause 1 of this Article is compelled to pay all costs of medical services ranging from first aid, emergency care to stable treatment for the employee who does not have a valid health insurance policy and is suffering from occupational accidents or diseases;
c) The employer that commits the violation specified in Point d Clause 1 of this Article is compelled to recommend employees suffering from occupational accidents or diseases for medical assessment, determination of their work capacity reduction levels, treatment or functional rehabilitation in accordance with regulations of law;
d) The employer that commits the violation specified in Point dd Clause 1 of this Article is compelled to pay costs of medical examination for assessment of the work capacity reduction level for the employee who is recommended by the employer to receive medical assessment from an authorized medical assessment council and is assessed to suffer less than 5% work capacity reduction;
dd) The employer that commits the violation specified in Point e Clause 1 of this Article is compelled to pay the amounts of allowances and/or compensation plus the interest on such amounts, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.

Thus, according to the regulations, the employer is compelled to make co-payments and pay other expenses which are not covered by the health insurance fund for the employee who holds a valid health insurance policy and suffers from occupational accidents or diseases.

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