What are regulations on lump-sum benefit for occupational accidents or diseases in Vietnam? What are regulations on benefit for occupational accidents or diseases for workers are going abroad for settlement?
What are regulations on lump-sum benefit for occupational accidents or diseases in Vietnam? What are regulations on benefit for occupational accidents or diseases for workers are going abroad for settlement? Thank you!
What are regulations on lump-sum benefit for occupational accidents or diseases in Vietnam?
Pursuant to Clause 1, Article 9 of the Circular 28/2021/TT-BLDTBXH stipulating lump-sum benefit for occupational accidents or diseases in Vietnam as follows:
1. A lump-sum benefit for an occupational accident or disease prescribed in clause 2 Article 48 of the Law on Occupational Safety and Hygiene is calculated as follows:
The amount of lump-sum benefit
=
The amount of benefit calculated according to the work capacity reduction percentage
+
The amount of benefit calculated according to the number of years that a worker/employer pays insurance premiums to the occupational accident and disease fund
=
{5 x Lmin + (m-5) x 0,5 x Lmin}
+
{0,5 x L + (t-1) x 0,3 x L}
Whereas:
- Lmin: the statutory pay rate of the month in which the worker enjoys the benefit.
- m: work capacity reduction percentage of the worker suffering the occupational accident or disease (m is an absolute value from 5 to 30).
- L: amount of salary used to pay to the fund according to clause 7 Article 11 of Decree No. 88/2020/ND-CP.
- t: total number of years that the payment to the fund is taken according to clause 6 Article 11 of Decree No. 88/2020/ND-CP.
Example 1: Mr. A is an official who has had an accident on June 16, 2020. After stabilization treatment for disabilities, he discharged hospital on July 05, 2020.
Mr. A was assessed at 20% work capacity reduction resulting in the occupational accident. Mr. A has paid for the occupational accident and disease fund for 10 years; amount of his salary used to pay to the fund of May 2020 according to the salary benefits prescribed by the State is 3,66 of his salary. In case the statutory pay rate in July was 1.600.000 VND, the lump-sum occupational accident benefit for Mr. A is calculated as follows:
- The amount of benefit calculated according to the work capacity reduction percentage is:
5 x 1.600.000 + (20 - 5) x 0,5 x 1.600.000 = 20.000.000 VND
- The amount of benefit calculated according to the number of years that he has paid insurance premiums to the occupational accident or disease fund is:
0,5 x 3,66 x 1.600.000 + (10 - 1) x 0,3 x 3,66 x 1.600.000 = 18.739.200 VND
- The amount of lump-sum benefit of Mr.A is:
20.000.000 + 18.739.200 = 38.739.200 VND
Example 2: Mr. B had an accident on May 12, 2020. After stabilization treatment for disabilities, he discharged hospital on August 10, 2020. Mr. B was assessed at 20% work capacity reduction.
Mr. B who participated in the social insurance from January 2019 is subject to the salary benefits prescribed by the State and he has paid to the fund for one year and 4 months; the amount of his salary used to pay to the fund in April 2020 is 2,34 of his salary; In case the statutory pay rate is 1.600.000 VND in August 2020, the lump-sum occupational accident benefit for Mr. B is calculated as follows:
- The amount of benefit calculated according to the work capacity reduction percentage is:
5 x 1.600.000 + (20 - 5) x 0,5 x 1.600.000 = 20.000.000 VND
- The amount of benefit calculated according to the number of years that he paid insurance premiums to the fund is: 0,5 x 3.486.600 = 1.743.300 VND
(The amount of salary used to pay for social insurance in April 2020 of Mr. B is: 2,34 x 1.490.000 = 3.486.600 VND for the statutory pay rate of 1.490.000 VND).
- The amount of lump-sum benefit of Mr. B is:
20.000.000 + 1.743.300 = 21.743.300 VND
Example 3: Mr. D had an accident on May 12, 2016. After stabilization treatment for disabilities, Mr. D was assessed at 20% work capacity reduction. Mr. D has participated in the social insurance for 14 years (including 1-year payment for the social insurance under Decree No. 09/ND-CP dated January 23, 1998 of the Government, 02-year payment for the voluntary social insurance, 10-year payment for the compulsory social insurance for retirement and survivor benefits and 10-year payment to the fund); the amount of salary used to pay to the fund in July 2016 was 3.200.000 VND; the statutory pay rate in the month in which he enjoys the benefit is 1.210.000 VND per month.
Mr. D is entitled to lump-sum occupational accident benefit; the amount of benefit is calculated as follows:
- The amount of benefit calculated according to the work capacity reduction percentage is:
5 x 1.210.000 + (20 - 5) x 0,5 x 1.210.000 = 15.125.000 VND
- The amount of benefit calculated according to the number of years that he has paid insurance premiums to the fund is:
0,5 x 3.200.000 + (10 - 1) x 0,3 x 3.200.000 = 10.240.000 VND
The amount of lump-sum benefit of Mr. D is 15.125.000 + 10.240.000 = 25.365.000 VND.
Example 4: Mr. B has paid insurance premiums to the fund in the enterprise X from September 16, 2020. After his disabilities are stably treated and he was assessed at 20% work capacity reduction, the amount of salary used to pay to the fund in September 2020 is 5.000.000 VND. The statutory pay rate in the month in which he enjoyed the benefit is 1.600.000 VND per month. Mr. B is entitled to lump-sum occupational accident benefit; the amount of benefit is calculated as follows:
- The amount of benefit calculated according to the work capacity reduction percentage is:
5 x 1.600.000 + (20-5) x 0,5 x 1.600.000 = 20.000.000 VND
- The amount of benefit calculated according to the number of years that he paid to the fund is: 0,5 x 5.000.000 = 2.500.000 VND
- The amount of lump-sum benefit of Mr.B is:
20.000.000 + 2.500.000 = 22.500.000 VND
Besides, pursuant to Clause 3, Article 9 of the Circular 28/2021/TT-BLDTBXH stipulating benefit for occupational accidents or diseases for workers are going abroad for settlement as follows:
People who are enjoying monthly occupational accident or disease benefits and are going abroad for settlement may enjoy lump-sum benefits that are equal to 3-month benefits that these people are enjoying if they have requests for the enjoyment.
Example 10: Ms. A is enjoying monthly occupational accident benefits and the rate of monthly benefit from December 2019 is 2.000.000 VND. On January 2020, Ms. A went abroad for settlement and she enjoyed a lump-sum benefit that is 3 x 2.000.000 VND = 6.000.000 VND
Best regards!
