If I have an occupational accident beyond working time, am I entitled to occupational accident benefit in Vietnam?

If I have an occupational accident beyond working time, am I entitled to occupational accident benefit in Vietnam?

Pursuant to Article 45 of the 2015 Law on Occupational Safety and Hygiene, it is stipulated that an employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:

1. He/she has an accident:

a) 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;

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

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

2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;

3. 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 this Law.

Thus, according to the above regulations in Vietnam, if you participate in full occupational accident and occupational disease insurance and suffer a occupational accident beyond working time at the workplace leading to a working capacity decrease of at least 5% are still entitled to the occupational accident regime.

What do documents for claiming occupational accident benefit in Vietnam comprise?

In Article 57 of the Law on Occupational Safety and Hygiene 2015, documents for claiming occupational accident benefit are as follows:

1. A social insurance book.

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

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

4. 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.

According to this Article, documents for claiming occupational accident benefit will include the components as prescribed above, the employer is responsible for submitting the documents for claiming occupational accident benefit to the social insurance agency in Vietnam.

How many days of convalescence and health rehabilitation in Vietnam can an employee who has an occupational accident return to work be entitled to?

According to Article 54 of the 2015 Law on Occupational Safety and Hygiene, convalescence and health rehabilitation after injury or disease treatment are as follows:

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, if within the first 30 days of returning to work, your health has not recovered, you will be given convalescence and health rehabilitation from 5 to 10 days in Vietnam.

Best Regards!