What is number of whole person impairment do employees suffer from to receive assistance in career change in Vietnam?

What is number of whole person impairment do employees suffer from to receive assistance in career change in Vietnam?

Pursuant to Article 12 of Decree 88/2020/ND-CP stipulating conditions for receipt of assistance in career change for victims of occupational accidents and diseases upon their returning to work are as follows:

An employer shall be provided with financial assistance in career change training for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

1. The employee suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

2. The employer offers the employee a new job under the management of the employer suitable for the employee’s health and expectation but the job requires vocational training before the change;

3. The employee is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

Thus, if your business wants to receive financial assistance in career change training for employees suffering from occupational accidents in Vietnam, it must meet all the conditions specified above, in which the employee suffers from WPI of at least 31% as a result of the occupational accident or occupational disease.

What is maximum assistance in career change for occupational accident employees in Vietnam?

According to Article 13 of Decree 88/2020/ND-CP stipulating level of assistance the power to decide assistance in career change as follows:

1. The tuition fees prescribed in Clause 2 Article 55 of the Law on Occupational Safety and Health are calculated on the basis of prices of vocational training services in accordance with regulations of the competent authority.

2. The Department of Labor, War Invalids and Social Affairs shall decide to provide assistance to each entity as follows:

a) The maximum assistance is 50% of the tuition fees but must not exceed 15 times the statutory pay rate;

b) The assistance is provided to each employee twice at the maximum and only once a year.

Accordingl to this Article, the Department of Labor, War Invalids and Social Affairs decides to support workers suffering from occupational accidents, the maximum support level is 50% of the tuition fees but must not exceed 15 times the statutory pay rate. Currently, the base salary is VND 1,490,000 (ie the maximum support level is equivalent to VND 22,350,000 so maximum support is 27,000,000 VND) in Vietnam. 

Employees can be supported up to 02 times and can only receive support once a year.

What is application for assistance in career change for employees suffering from occupational accidents in Vietnam?

Article 14 of Decree 88/2020/ND-CP stipulates application for assistance in career change as follows:

1. An application form for financial assistance in career change training for employees having occupational accident or disease, which is made using the Form No. 03 in the Appendix hereof.

2. A certified true copy of the WPI assessment report given by the Medical Examination Council.

3. Certified true copies of documents evidencing payment of tuition fees as prescribed.

According to this Article, the employer needs to prepare a application form for financial assistance in career change training for the employee suffering an occupational accident, including the documents specified above in Vietnam.

What is sequence of assistance in career change for employees suffering from occupational accidents in Vietnam?

According to Article 15 of Decree 88/2020/ND-CP stipulating sequence of providing assistance in career change as follows:

1. The employer shall submit 01 application prescribed in Article 14 hereof to the Department of Labor, War Invalids and Social Affairs.

2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 04 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in career change training to the employer. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

Thus, the enterprise you want to request for assistance in career change for employees suffering from occupational accidents needs to submit 01 set of documents to the Department of Labor, War Invalids and Social Affairs managing the business area. No later than 10 working days from the date of submission of complete and valid dossiers, the social insurance agency is responsible for paying the funding to assistance in career change training for your business. In case of non-payment, there will be a written reply clearly stating the reason in Vietnam.

Best Regards!