Will employees who have suffered occupational accidents repeatedly receive a lump-sum allowance in Vietnam? What are regulations on documents of first medical assessment in Vietnam?

Will employees who have suffered occupational accidents repeatedly receive a lump-sum allowance in Vietnam?

Pursuant to Article 46 of the Law on Social Insurance 2014, lump-sum allowance is as follows:

1. Employees suffering a working capacity decrease of between 5% and 30% are entitled to a lump-sum allowance.

2. The lump-sum allowance levels are specified as follows:

a/ Employees suffering a 5% working capacity decrease are entitled to an allowance equaling 5 times the statutory pay rate, which shall be added with half of the statutory pay rate for each additional 1% working capacity decrease;

b/ In addition to the allowance level specified at Point a of this Clause, employees are entitled to an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

In addition, Article 45 of the Law on Social Insurance 2014 stipulates assessment of working capacity decrease as follows:

1. Employees getting an occupational accident or an occupational disease are entitled to assessment or re-assessment of their working capacity decrease when falling in either of the following cases:

a/ Their health conditions have become stable after treatment of an injury or a disease;

b/ Their health conditions have become stable after treatment of a recurring injury or disease.

2. Employees are entitled to thorough assessment of their working capacity decrease when falling in one of the following cases:

a/ Getting both a occupational accident and an occupational disease;

b/ Getting occupational accidents repeatedly;

c/ Getting many occupational diseases.

Thus, according to the regulations in Vietnam, the fact that you have had occupational accidents repeatedly in the case of thorough assessment. In case you working capacity decrease of between 5% and 30% are entitled to a lump-sum allowance.

What are regulations on documents of first medical assessment due to an occupational accident in Vietnam?

Besides, in Article 5 of Circular 56/2017/TT-BYT stipulating documents of first medical assessment due to an occupational accident as follows:

a) Letter of introduction of the employer according to Annex 1 enclosed herewith in case the victim of occupational accidents is under the management of the employer at the time of medical assessment or the application for medical assessment according to Annex 2 enclosed herewith in case the victim is no longer under the management of the employer at the time of application for medical assessment;

b) Original copy or valid copy of the injury confirmation issued by the health facility (that provided treatment for the worker) in accordance with the template specified in Decision No. 4069/2001/QĐ-BYT dated September 28, 2001 of the Minister of Health;

c) Original copy or valid copy of the record of occupational accident investigation in accordance with Annex 7 enclosed together with Joint Circular No. 12/2012/TTLT-BLĐTBXH-BYT dated May 21, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health guiding the statement, investigation, statistics and reports on occupational accidents;

d) Discharge note as specified by the Minister of Health or the medical record summary. If the worker is not an outpatient or patient, papers of treatment for injury in conformity with the time of occurrence of the assessed occupational accident and injury.

In case the assessed person is one of the subjects specified in Point c Clause 1 Article 47 of the Law on occupational safety and hygiene: the medical record summary must clearly state that the injury from occupational accident cannot become stable after treatment.

dd) One of the following documents with photo: ID; Citizen Identification; passport that remains valid. If there are no abovementioned documents, a written confirmation with a photo bearing a seal issued by the police authority of the Commune within the last 03 months from the time of application for medical assessment.

According to this Article, compared with your case, when you are considering to receive lump-sum allowance, you need to have the first medical assessment due to an occupational accident according to the above regulations in Vietnam.

Best Regards!