What documents are included in the Dossier for claiming voluntary occupational accident insurance from January 1, 2025 in Vietnam?

What documents are included in the Dossier for claiming voluntary occupational accident insurance from January 1, 2025 in Vietnam?

Pursuant to Article 22 of Decree 143/2024/ND-CP on the Dossier for claiming voluntary occupational accident insurance:

Article 22. Dossier for claiming voluntary occupational accident insurance

1. The documentation required includes:

a) Social insurance book;

b) Discharge paper or a copy of the medical records after treatment for an occupational accident for inpatient cases;

c) Assessment record of the reduced working capacity degree by the Medical Assessment Council;

d) Copy of death certificate, extract of death registration, death notice, or copy of a legally effective court's declaration of death particularly in cases of death due to an occupational accident;

dd) Occupational accident investigation report;

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Thus, the Dossier for claiming voluntary occupational accident insurance includes:

- Social insurance book

- Discharge paper or a copy of the medical records after treatment for an occupational accident for inpatient cases

- Assessment record of the reduced working capacity degree by the Medical Assessment Council

- Copy of death certificate, extract of death registration, death notice, or copy of a legally effective court's declaration of death particularly in cases of death due to an occupational accident

- Occupational accident investigation report

- Application form for occupational accident benefits by the employee or relatives of the deceased in fatal accident cases

- Original invoices, lawful documentation related to the assessment costs of reduced working capacity

What documents are included in the Dossier for claiming voluntary occupational accident insurance from January 1, 2025 in Vietnam? (Image from Internet)

What is the contribution rate for voluntary occupational accident insurance for 6 months in Vietnam?

According to Article 11 of Decree 143/2024/ND-CP stipulating the payment methods and premium levels for employees participating in voluntary occupational accident insurance:

Article 11. Payment Methods and Premium Levels for Employees in Voluntary Occupational Accident Insurance

1. Employees participating in voluntary occupational accident insurance register with the social insurance agency through one of the following payment methods:

a) Payment every 6 months;

b) Payment every 12 months.

2. Participants in voluntary occupational accident insurance may change their payment method. The change is executed after completing the previously registered payment cycle.

3. Premium amounts for voluntary occupational accident insurance are as follows:

a) For 6 months, the amount equals 6% of the monthly minimum wage of Region IV;

b) For 12 months, the amount equals 12% of the monthly minimum wage of Region IV.

4. The insurance payment period for the payment methods stipulated in Clause 1 of this Article is implemented as follows:

a) For the first time, immediately upon registration for voluntary occupational accident insurance;

b) For subsequent times, within 10 days before the end of the payment cycle.

c) Immediately upon re-registration for voluntary occupational accident insurance according to Article 17 of this Decree.

Based on Article 3 of Decree 74/2024/ND-CP which stipulates the minimum wage as follows:

According to the above regulations, the 6-month premium for voluntary occupational accident insurance for employees equals 6% of the monthly minimum wage of Region 4, equivalent to 207,000 VND.

Does the employer in Vietnam have the right to unilaterally terminate the labor contract with an employee who has suffered an accident?

Pursuant to Article 36 of Labor Code 2019 stipulating the right of the employer to unilaterally terminate the labor contract:

Article 36. Right of the Employer to Unilaterally Terminate the Labor Contract

1. The employer may unilaterally terminate the labor contract in the following cases:

a) The employee frequently fails to complete the work as stated in the labor contract as determined by the criteria for evaluating work completion level in the employer's regulations. The work completion evaluation regulations are issued by the employer but must be consulted with the organization representing employees at the grassroots if such an organization exists at the workplace;

b) The employee has been ill or injured and has undergone treatment for 12 continuous months for those working under an indefinite-term labor contract, or 06 continuous months for those working under a fixed-term labor contract from 12 months to 36 months, or over half of the term of a labor contract for those working under a fixed-term labor contract of less than 12 months, without recovering work capacity.

When the employee's health recovers, the employer should consider re-entering into the labor contract with the employee;

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According to the above regulations, the employer has the right to unilaterally terminate the labor contract with an employee who has suffered an accident if the employee has undergone treatment for 12 continuous months for an indefinite-term labor contract, or 06 continuous months for a fixed-term labor contract from 12 months to 36 months, or over half of the term of a labor contract for a fixed-term labor contract of less than 12 months without recovery of work capacity.

However, when the employee's health is restored, the employer should consider renewing the labor contract with the employee.