What are responsibilities of policyholders regarding indemnification principles for occupation accidents or occupation diseases happen to workers working on construction sites in Vietnam?

What are responsibilities of policyholders regarding indemnification principles for occupation accidents or occupation diseases happen to workers working on construction sites in Vietnam?

Pursuant to Clause 1.a Article 26 of the Circular 50/2022/TT-BTC stipulating as follows:

1. When occupation accidents or occupation diseases happen to workers working on construction sites, policyholders and insurers shall cooperate in settling the indemnification as follows:

a) Policyholders shall:

- Immediately notify insurers via means of communication and notify insurers in writing of such incidents within 14 days after occupational accidents or occupational diseases happen to workers working on construction sites.

- Adopt every measure within their capacity to minimize losses.

- Provide documents in indemnification documents according to regulations prescribed in 27 of this Circular and facilitate insurers during the process of verifying such documents.

- Implement and permit insurers to perform actions and measures that are necessary or requested by insurers to protect the rights of insurers after the indemnification of losses subject to indemnification responsibilities according to regulations of this Circular.

What are responsibilities of insurers regarding indemnification principles for occupation accidents or occupation diseases happen to workers working on construction sites in Vietnam?

Pursuant to Clause 1.b Article 26 of the Circular 50/2022/TT-BTC stipulating as follows:

b) Insurers shall:

- Guide and cooperate with policyholders and relevant agencies, organizations, and individuals in sufficiently collecting documents to prepare indemnification documents; identify causes and the extent of damage.

- In case of accepting the indemnification, insurers shall prepare written notifications on the indemnification.

- In case of refusing the indemnification, insurers shall provide explanations in writing.

Which amounts shall be paid for workers, who are injured or die because of occupational accidents or occupational diseases due to the implementation of construction work on construction sites in Vietnam?

Pursuant to Clause 2, 3, and 4, Article 26 of the Circular 50/2022/TT-BTC stipulating as follows:

2. If workers, who are injured or die because of occupational accidents or occupational diseases due to the implementation of construction work on construction sites, are subject to insurance responsibilities, insurers shall pay the amounts agreed upon between construction contractors and workers or legal representatives of workers (in case workers have died), including:

a) Leave allowance during the treatment period as prescribed by the treating doctor shall be determined based on the salary according to the labor contract and shall not exceed the salary of 6 months in each insurance event.

b) Actual medical costs, including emergency costs and inpatient and outpatient treatment costs that are necessary and reasonable but shall not exceed 100 million VND/person/case.

c) In case workers suffer from a working capacity decrease of less than 81%, the specific indemnification for each type of injury and human damage shall be determined according to the Table of payment rates for compulsory insurance for workers working on construction sites according to Appendix IV promulgated with this Circular.

d) If workers die or suffer from a permanent working capacity decrease of at least 81%, insurers shall pay 100 million VND/person/case.

The total insurance payout shall not exceed the total insurance payout prescribed in insurance policies.

3. If occurred occupational accidents or occupational diseases cause injuries to workers, and such injuries aggravate the previous injuries or diseases, insurers are not responsible for indemnifying the aggravating part.

4. Particularly for the case of indemnification according to regulations prescribed in Point b Clause 2 of this Article, if policyholders conclude compulsory insurance policies for workers working on construction sites with 2 or more insurers to insure the same subject, with the same conditions and insurance events, when insurance events occur, each insurer is only responsible for indemnification according to the ratio between the agreed insurance payout to the total insurance payout of all insurance policies concluded by policyholders.

Best regards!