When shall employees in Vietnam be eligible to receive occupational accident benefit?

When shall employees in Vietnam be eligible to receive occupational accident benefit?

Pursuant to Article 45 of the Law on occupational safety and hygiene in 2015 stipulating requirements for receiving occupational accident benefit as follows:

Requirements for receiving occupational accident benefit

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;

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As regulations above, employees in Vietnam are eligible to receive occupational accident benefit when they satisfy following requirements:

(1) An employee buying the insurance shall receive occupational accident insurance benefit;

(2) An employee has an accident in following cases:

- 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 in 2019 and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;

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

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

(3) An employee suffers a working capacity decrease of at least 5% caused by an accident.

When shall employees in Vietnam be eligible to receive occupational accident benefit? - Image from Internet

Are employers in Vietnam required to provide first-aid and emergency to the employees sufferring from occupational accident?

Pursuant to Article 18 of the Decree 39/2016/ND-CP stipulating responsibility of employer of facility where the occupational accident occurs as follows:

Responsibility of employer of facility where the occupational accident occurs

1. Promptly provides first-aid and emergency to the victim.

2. Notifies the occupational accident under the provisions of Article 10 of this Decree.

3. Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:

a) In case of required emergency to the victim and preventing risks and damages potentially occurring to other people which disturbs the scene, the employer of the facility where the occupational accident occurs must draw the scene outline, make a record, take photos or film the scene (if possible)

b) Only removes the scene and bury the corpse (if any) after finishing the investigation steps in accordance with regulations of this Decree with the written consent of the provincial occupational accident investigation Team or police agency.

4. Immediately provides documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.

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As regulations above, employers in Vietnam are responsible to provide first-aid and emergency to the employees sufferring from occupational accident. If they fail to provide timely first-aid and emergency to the victims, they will violate regulations on occupational safety.

What are included in the list of medical items in the first aid areas at workplaces in Vietnam?

Pursuant to Annex 5 - The list of medical items in the first aid areas issued together with the Circular 19/2016/TT-BYT stipulating medical items in the first aid areas at workplaces in Vietnam as follows:

- First aid kits

- Handwash sinks with fresh water

- Paper towels

- Nylon aprons

- Filing cabinets

- Flashlights

- Clean cloths

- Thermometers

- Beds, pillows, blankets

- Hard stretchers

- Handwash and/or soap

- Hazardous and non-hazardous waste containers

- Bedpans

- Chairs

- Cabinets used for storage of medical equipment, first aid and emergency facilities

Best regards!