Hanoi-Vietnam: Guidelines for the implementation of compulsory occupational accident and disease insurance policies

• Officials and public employees and employees in Vietnam working under employment contracts subject to payment of compulsory occupational accident and disease insurance premiums in Vietnam.
• Employers participating in compulsory social insurance.
• Employees who have retired or no longer work in occupations or jobs at risk for occupational diseases.
• Agencies, organizations, and individuals related to occupational accident and disease insurance.

Timing of receiving monthly occupational accident and disease insurance benefits for employees undergoing inpatient and outpatient treatment

According to the Draft, the timing of receiving monthly occupational accident and disease insurance benefits for employees undergoing inpatient treatment is calculated from the month the employee finishes treatment and is discharged from the hospital. In cases where the employee does not undergo inpatient treatment, the timing of assistance is calculated from the month of the conclusion by the Medical Assessment Council.

In the cases of suffering from an occupational accident and disease that it is not possible to determine the end of the treatment and discharge time (if the discharge document indicates a follow-up appointment; cast removal; splint removal; screw removal), the time of receiving the monthly occupational accident and disease insurance benefits is calculated from the month of the conclusion by the Medical Assessment Council.

The occupational accident and disease insurance benefits for employees who are re-assessed for reduced labor capacity after the recurrence of injury or illness

In cases where employees have received lump-sum or monthly occupational accident and disease insurance benefits before July 1, 2016, the provisions of Clause 2, Article 37 of Decree 37/2016/ND-CP will apply.

For employees who have received lump-sum or monthly occupational accident and disease insurance benefits from July 1, 2016, when being re-assessed for reduced labor capacity, the benefits are calculated according to the statutory pay rate from the month of the conclusion by the Medical Assessment Council as follows:

• If the reduction is 30% or lower and less than or equal to the current reduction level enjoying lump-sum benefits, no new benefits are provided. If the reduction level is higher than the current level, the difference amount corresponding to the new reduced capacity level after re-assessment will be compensated on a lump-sum basis;
• Employees who have received lump-sum benefits and meet conditions for receiving monthly benefits after re-assessment will receive monthly benefits after returning the previously received lump-sum compensation amount.
• Employees who are receiving monthly benefits will receive compensation corresponding to the new reduced capacity level if the re-assessment result is higher or lower than the current level.

Benefits levels for employees receiving lump-sum or monthly occupational accident and disease insurance benefits and suffering from new occupational accident or disease from July 1, 2016

Employees receiving lump-sum or monthly occupational accident and disease insurance benefits and suffering from new occupational accident or disease from July 1, 2016, will have their new benefits levels calculated based on the new reduced labor capacity as assessed cumulatively as follows:

• The benefits level based on the new reduced labor capacity is calculated according to the statutory pay rate of the discharge month from the final occupational accident or disease treatment, or the month of the cumulative assessment conclusion by the Medical Assessment Council if inpatient treatment is not required.
• The benefits level based on the cumulative social insurance contribution years is calculated with the number of social insurance contribution years and wage or salary of the month immediately preceding the final occupational accident or disease treatment leave.

More regulations regarding convalescence and rehabilitation after occupational accidents and diseases; cases where employees have interrupted social insurance contribution periods and then return to work and suffer occupational accidents or diseases within the first month of returning to work and paying social insurance premiums; cases of enjoying occupational accident and disease benefits for employees with multiple employment contracts may be found in Draft Circular guiding the implementation of compulsory occupational accident and disease insurance policies.

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