What is an occupational accident? What are conditions for enjoying benefits from voluntary occupational insurance policies in Vietnam?
What is an occupational accident? What are conditions for enjoying benefits from voluntary occupational insurance policies in Vietnam?
Based on Article 3 of Decree 143/2024/ND-CP on occupational accidents:
Article 3. Occupational Accidents
Occupational accidents are incidents that cause harm to any part or function of the body or result in death to the employee, occurring during the labor process, associated with the employee performing occupations or tasks within the time and workplace registered for participation in voluntary occupational insurance as specified in Clause 1, Article 14 of this Decree.
Based on Article 4 of Decree 143/2024/ND-CP on the policies for voluntary occupational insurance:
Article 4. Voluntary Occupational Insurance Policies
- Assessment of the degree of labor capacity reduction
- Occupational accident allowance.
Thus, an occupational accident is an incident that causes harm to any part or function of the body or results in death to the employee, occurring during the labor process, associated with the employee performing occupations or tasks within the time and workplace registered for participation in voluntary occupational insurance.
Voluntary occupational insurance has 02 policies as follows:
[1] Assessment of the degree of labor capacity reduction
[2] Occupational accident allowance
What is an occupational accident? How are the conditions for receiving voluntary occupational insurance benefits regulated? (Image from the Internet)
What documents are included in the application for initial participation in voluntary occupational accident insurance in Vietnam?
Based on Article 14 of Decree 143/2024/ND-CP on the application for initial participation in voluntary occupational accident insurance in Vietnam:
Article 14. Dossier for Registration and Reissuance of Social Insurance Books for employees Participating in Voluntary occupational insurance
- The dossier for initial registration of voluntary occupational insurance is the Declaration Form for Social Insurance Participation by the employee, which must include specific information about the occupation, job, time, and workplace registered for participation in voluntary occupational insurance. In case of changes in occupation, job, time, and workplace, information adjustment shall be declared as stipulated in Article 15 of this Decree.
- The dossier for reissuance of a social insurance book in case of damage or loss includes:
a) Application for reissuance of a social insurance book by the employee;
b) The social insurance book in case of damage.
Thus, the application for initial participation in voluntary occupational accident insurance in Vietnam is the Declaration Form for Social Insurance Participation by the employee.
What are the conditions for receiving voluntary occupational insurance benefits in Vietnam?
Based on Article 5 of Decree 143/2024/ND-CP on the conditions for receiving voluntary occupational insurance benefits:
Article 5. Conditions for Receiving Voluntary occupational insurance Benefits
- employees participating in voluntary occupational insurance are entitled to benefits stipulated in Article 4 of this Decree when they meet the following conditions:
a) Their labor capacity is reduced by 5% or more due to an occupational accident occurring during the period of participation in voluntary occupational insurance;
b) Not falling under the cases stipulated in Clause 2 of this Article.
- employees are not entitled to the occupational accident policies at 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 which is unrelated to work or labor tasks;
b) The employee intentionally inflicts harm on themselves;
c) Use of narcotics or substances prohibited by law.
According to the above regulations, employees are entitled to voluntary occupational insurance benefits when meeting all the following conditions:
- Participating in voluntary occupational insurance
- Labor capacity is reduced by 5% or more due to an occupational accident occurring during the period of participation in voluntary occupational insurance
- The cause of the accident does not fall under the following cases:
+ Conflict between the victim and the person causing the accident which is unrelated to work or labor tasks
+ The employee intentionally inflicts harm on themselves
+ Use of narcotics or substances prohibited by law.
