Has the Decree 143/2024/ND-CP regulating voluntary occupational accident insurance for employees not working under labor contracts in Vietnam been issued yet?
Has the Decree 143/2024/ND-CP regulating voluntary occupational accident insurance for employees not working under labor contracts in Vietnam been issued yet?
On November 1, 2024, the Government of Vietnam issued Decree 143/2024/ND-CP which provides for the following issues:
- The regime of voluntary occupational accident insurance for employees working without labor contracts
- The voluntary occupational accident insurance fund; documentation, procedures for participation, settlement of voluntary occupational accident insurance policies
- Rights and responsibilities of social insurance agencies, state labor management agencies, and employees regarding voluntary occupational accident insurance.
Decree 143/2024/ND-CP applies to the following subjects:
- Employees working without labor contracts who are 15 years old or older, not subject to compulsory social insurance on occupational accidents, and are participating in voluntary occupational accident insurance.
- Agencies, organizations, and individuals related to voluntary occupational accident insurance.
Article 3 of Decree 143/2024/ND-CP defines an occupational accident as an accident that causes injury to any part or function of the body or causes the death of an employee, occurring during the labor process, particularly in connection with the employee performing professions or tasks at registered times and workplaces for voluntary occupational accident insurance as regulated in Clause 1, Article 14 of Decree 143/2024/ND-CP.
Has the Decree 143/2024/ND-CP regulating voluntary occupational accident insurance for employees not working under labor contracts in Vietnam been issued yet? (Image from the Internet)
When do employees temporarily suspend contributions to occupational accident insurance?
Based on Article 13 of Decree 143/2024/ND-CP on the temporary suspension of voluntary occupational accident insurance contributions:
Article 13. Temporary suspension of voluntary occupational accident insurance contributions
- When the deadline for voluntary occupational accident insurance contributions as stipulated at Point b Clause 4 Article 11 of this Decree has passed, and the employee participating in the voluntary occupational accident insurance does not contribute, it is considered a temporary suspension of contributions to voluntary occupational accident insurance.
- Individuals who are temporarily suspending voluntary occupational accident insurance contributions, if they wish to continue, must re-register their contribution method as stipulated in Article 17 of this Decree.
According to the above provisions, employees temporarily suspend contributions to occupational accident insurance when the contribution deadline is passed, and the employee participating in the voluntary occupational accident insurance does not contribute.
When are employees in Vietnam not eligible for occupational accident policies?
Based on Article 5 of Decree 143/2024/ND-CP on the conditions for enjoying voluntary occupational accident insurance policies:
Article 5. Conditions for enjoying voluntary occupational accident insurance policies
- Employees participating in the voluntary occupational accident insurance are entitled to voluntary occupational accident insurance policies as stipulated in Article 4 of this Decree when they meet the following conditions:
a) Have a reduction in working capacity of 5% or more due to occupational accidents occurring while participating in voluntary occupational accident insurance;
b) Not falling into the cases stipulated in Clause 2 of this Article.
- Employees are not entitled to the occupational accident policies in Article 4 of this Decree if the accident occurs due to one of the following reasons:
a) Conflict between the victim and the person causing the accident unrelated to the work, labor tasks;
b) The employee intentionally self-destructs their own health;
c) Use of illegal drugs or narcotics contrary to legal regulations.
According to the above provisions, employees are not entitled to occupational accident policies when the accident occurs due to one of the following reasons:
- Conflict between the victim and the person causing the accident unrelated to work, labor tasks
- The employee intentionally self-harms their own health
- Use of illegal drugs or substances contrary to legal regulations
Note: Decree 143/2024/ND-CP takes effect from January 1, 2025.
