Dossier for voluntary occupational accident insurance policies from January 1, 2025 in Vietnam

Dossier for voluntary occupational accident insurance policies from January 1, 2025 in Vietnam​ (Image from the internet)

Dossier for voluntary occupational accident insurance policies from January 1, 2025 in Vietnam

On November 1, 2024, the Government of Vietnam issued Decree 143/2024/ND-CP providing regulations on voluntary occupational accident insurance for employees not working under labor contracts.

Decree 143/2024/ND-CP outlines the policies for voluntary occupational accident insurance for employees not under labor contracts (hereinafter referred to as voluntary occupational accident insurance); the Voluntary Occupational Accident Insurance Fund; the documentation and procedures for participation and for claiming insurance benefits; the rights and responsibilities of the social insurance agencies, state labor management agencies, and the employees with respect to voluntary occupational accident insurance.

Article 22 of Decree 143/2024/ND-CP stipulates the documentation for claiming voluntary occupational accident insurance benefits from January 1, 2025, as follows:

(1) Documentation for claiming voluntary occupational accident insurance benefits includes:

- Social insurance book;

- Hospital discharge paper or extract of medical records post-treatment for occupational accidents for inpatient cases;

- Evaluation report on the degree of labor capacity reduction by the Medical Evaluation Council;

- Copy of death certificate, death extract, or death notice or copy of the court’s decision declaring death that has come into legal effect, in cases of death due to occupational accident;

- Occupational accident investigation report;

- Application for resolving occupational accident benefits by the employee or relatives of the deceased in fatal accidents as per the form prescribed in Appendix VII issued with Decree 143/2024/ND-CP;

- Original invoices, lawful related documents regarding evaluation fees of labor capacity reduction.

(2) In case a re-evaluation result increases the degree of labor capacity reduction as specified in Clause 4, Article 7 of Decree 143/2024/ND-CP, the documentation for supplementary voluntary occupational accident insurance benefits includes:

- Social insurance book;

- Evaluation report on the degree of labor capacity reduction by the Medical Evaluation Council;

- Application for supplementary occupational accident benefits by the employee as per the form prescribed in Appendix VIII issued with Decree 143/2024/ND-CP;

- Original invoices, lawful related documents regarding evaluation fees of labor capacity reduction.

Eligibility for voluntary occupational accident insurance benefits in Vietnam

Employees participating in voluntary occupational accident insurance are eligible for insurance benefits if they meet the following conditions:

- Suffer a labor capacity reduction of 5% or more due to occupational accidents occurring during the period of participating in voluntary occupational accident insurance;

- Not subject to accidents occurring due to one of the following reasons:

+ Conflict of the victim with the accident perpetrator unrelated to work or labor duties;

+ Intentional self-harm by the employee;

+ Use of narcotics or banned substances as per legal regulations.

(Article 5 Decree 143/2024/ND-CP)

Regulations on registration and issuance of social insurance books in Vietnam

- Employees submit registration documents to participate, re-issuance of social insurance books, and information adjustment documents as prescribed in Articles 14 and 15 of Decree 143/2024/ND-CP to the social insurance agency.

- The social insurance agency is responsible for issuing social insurance books within the following timeframes:

+ 7 days from the receipt of complete and satisfactory documents as per regulations for first-time voluntary social insurance participation;

+ 15 days from the receipt of complete and satisfactory documents as per regulations for re-issuance of social insurance books; if the process of verifying the social insurance contribution period is complicated, not exceeding 45 days. If issuance is not possible, a written response stating the reason must be provided;

+ 10 days from receipt of complete and satisfactory documents per regulations for information adjustment of social insurance participation of employees, the social insurance agency must re-issue the social insurance book. If unable to resolve, a written response stating the reason must be provided.

(Article 16 Decree 143/2024/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE