Conditions for Insurance Benefits for Occupational Accidents and Diseases

Decree 143/2018/ND-CP has been issued by the Government of Vietnam detailing the implementation of the Law on Social Insurance and the Law on Occupational Safety and Health regarding mandatory social insurance for employees who are foreign citizens working in Vietnam.

In order to be eligible for occupational accident insurance and occupational disease insurance policies, the following conditions must be met:

- The conditions for enjoying occupational accident policies shall be implemented according to the provisions of Article 45 of the Law on Occupational Safety and Hygiene;- The conditions for enjoying occupational disease policies shall be implemented according to the provisions of Clause 1, Article 46 of the Law on Occupational Safety and Hygiene.

Additionally, Decree 143 also details issues related to occupational accident insurance and occupational disease insurance policies, specifically:

- Assessment of labor capacity decrease shall be implemented according to the provisions of Article 47 of the Law on Occupational Safety and Hygiene.- Levels of occupational accident insurance and occupational disease insurance benefits:- Lump-sum allowance shall be implemented according to the provisions of Article 48 of the Law on Occupational Safety and Hygiene;- Monthly allowance shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and Clause 6, Article 49 of the Law on Occupational Safety and Hygiene.- Means to assist in living, orthopedic tools shall be implemented according to the provisions of Article 51 of the Law on Occupational Safety and Hygiene.- Service allowance shall be implemented according to the provisions of Article 52 of the Law on Occupational Safety and Hygiene.- Time to enjoy allowances shall be implemented according to the provisions of Article 50 of the Law on Occupational Safety and Hygiene.- Allowance when the employee dies due to occupational accident or occupational disease shall be implemented according to the provisions of Article 53 of the Law on Occupational Safety and Hygiene and Article 10 of Decree 143.- Convalescence and health rehabilitation after treatment of injuries and illnesses shall be implemented according to the provisions of Article 54 of the Law on Occupational Safety and Hygiene.- Occupational accident and disease insurance scheme for employees who enter into labor contracts with multiple employers shall be implemented according to the provisions of Article 5 of Decree 37/2016/ND-CP.- Support for job transition for those suffering occupational accidents and diseases when returning to work shall be implemented according to the provisions of Article 55 of the Law on Occupational Safety and Hygiene and Articles 7 and 8 of Decree 37/2016/ND-CP.- Support activities for preventing and sharing risks related to occupational accidents and diseases shall be implemented according to the provisions of Clause 1, points a, b, and point d, Clause 2, and Clause 3, Article 56 of the Law on Occupational Safety and Hygiene and Articles 11, 12, 15, 16, 19, 20, 23, and Article 24 of Decree 37/2016/ND-CP.

For further information on pensions, refer to Decree 143/2018/ND-CP effective from December 01, 2018.

- Thanh Lam -

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