Vietnam: Requirements for receiving latest occupational accident benefits

Hi Lawnet, I am a worker, so I have some questions regarding occupational accidents: What are the regulations on occupational accidents? What are the requirements for receiving the latest occupational accident benefit?


Vietnam: Requirements for receiving latest occupational accident benefit (Source: Internet)

1. What is an occupational accident?

Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.

(Clause 8, Article 3 of Vietnam's Law on Occupational Safety and Hygiene 2015)

2. Subjects of application of the occupational accident and occupational disease insurance regime

Article 43 of the Law on Occupational Safety and Health 2015 stipulates that the beneficiaries of the occupational accident and occupational disease insurance regime are as follows:

- The employees receiving the insurance benefits prescribed in this Section are employees subject to compulsory social insurance as prescribed in Point a, b, c, d, dd, e and h Clause 1 Article 2 and employers as prescribed in Clause 3 Article 2 of the Law on social insurance 2014.

- If an employee concludes labor contracts with multiple employers, each employer shall pay insurance premiums for the labor contract concluded with the employee who is subject to compulsory social insurance.

When an employee has an occupational accident or suffers from an occupational disease, he/she shall receive the insurance benefit as prescribed by the Government.

3. Requirements for receiving occupational accident benefit

Article 45 of Vietnam's Law on Occupational Safety and Hygiene 2015 stipulates that An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:

- He/she has an accident:

+ At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;

+ Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;

+ On the route between home and work within a reasonable period of time and route;

- He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1, Article 45 of Vietnam's Law on Occupational Safety and Hygiene 2015;

- The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1, Article 40 of the Law on Occupational Safety and Health 2015.

4. Documents for claiming occupational accident benefit

Documents for claiming occupational accident benefit specified in Article 57 of Vietnam's Law on Occupational Safety and Hygiene 2015 is as follows:

- A social insurance book.

- A hospital discharge note or copies of medical records after occupational accident treatment for an inpatient.

- A report of medical assessment of decreased work capacity made by Medical Examination Council.

- A claim form for occupational accident benefit using the form issued by Vietnam Social Security with the consent of the Ministry of Labor, War Invalids and Social Affairs.

5. Provision of the insurance benefits

Article 59 of Vietnam's Law on Occupational Safety and Health 2015 stipulates provision of the insurance benefits

- The employer shall send the claim documents on the insurance benefits to the social security agency within 30 days, from the date on which the adequate documents prescribed in Article 57 and Article 58 of Vietnam's Law on Occupational Safety and Health 2015.

- Within 10 days, from the date on which the adequate documents are received, the social security agency shall provide the insurance benefits; if the documents are rejected, they must provide explanation in writing.

Ngoc Nhi

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