Employees receiving financial support for labor rehabilitation due to occupational accidents and diseases

Recently, the Government of Vietnam issued Decree 88/2020/ND-CP providing guidance on the Law on Occupational Safety and Hygiene regarding compulsory insurance for occupational accidents and diseases, effective September 15, 2020.

Employees Receive Financial Support for Occupational Rehabilitation Due to Work-Related Accidents or Occupational Diseases, Decree 88/2020/ND-CP

Employees Receive Financial Support for Occupational Rehabilitation Due to Work-Related Accidents or Occupational Diseases (Illustrative Image)

Decree 88/2020/ND-CP specifically guides the provision of financial support for occupational rehabilitation for employees under the provisions of Point b, Clause 2, Article 56 of the Law on Occupational Safety and Health 2015 as follows:

1. Conditions for Receiving Financial Support for Occupational Rehabilitation

- Prescribed for occupational rehabilitation by a medical facility;- Occupational capacity reduced by 31% or more due to work-related accidents or occupational diseases;- Participating in work-related accident and occupational disease insurance as per legal regulations at the time of the work-related accident or occupational disease.

2. Level of Financial Support for Occupational Rehabilitation

- The maximum financial support for occupational rehabilitation is 50% of the occupational rehabilitation costs calculated according to the occupational rehabilitation pricing schedule at the time the employee undergoes occupational rehabilitation as regulated by the Minister of Health after the health insurance has been paid, but not exceeding 3 million VND per person per session.- The maximum number of support sessions for each employee is 2 times, and within one year, support is received only once.

3. Dossier Requesting Financial Support for Occupational Rehabilitation

- A document requesting financial support for occupational rehabilitation for the employee.- A certified copy of the hospital transfer paper to the occupational rehabilitation unit from the medical facility for cases requiring hospital transfer; for cases where the hospital has an occupational rehabilitation department, a certified copy of the medical record indicating patient referral to the occupational rehabilitation department.- A certified copy of the payment receipt for occupational rehabilitation costs, excluding costs for occupational rehabilitation support equipment.

4. Procedure for Resolving Financial Support for Occupational Rehabilitation

- Employers submit one dossier to the Department of Labor, War Invalids and Social Affairs, bringing the original payment receipt for comparison with the certified copy.- Within 5 working days from the date of receiving the complete and valid dossier as regulated, the Department of Labor, War Invalids and Social Affairs will appraise the dossier, decide on the support, and send the decision (along with the data list of supported individuals) to the social insurance agency. If support is not granted, a written response stating the reasons will be provided to the employer.- Within 5 working days from the date of receiving the support decision from the Department of Labor, War Invalids and Social Affairs, the social insurance agency is responsible for paying the financial support for occupational rehabilitation to the employee. If the payment is not made, a written response stating the reasons will be provided to the Department of Labor, War Invalids and Social Affairs.

For details, refer to Decree 88/2020/ND-CP, effective from September 15, 2020.

Ty Na

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