Vietnam: Benefits for employees who contract an occupational disease after their retirement or no longer do the jobs posing risk of occupational diseases

According to Decree No. 88/2020/ND-CP of Vietnam’s Government, benefits for employees who contract an occupational disease after their retirement or no longer do the jobs posing risk of occupational diseases are detailed as follows:

1. An employee who has retired or resigned or worked for another employer and then suspects or finds symptoms of an occupational disease caused by his/her dangerous job which poses a risk of occupational disease may undergo a medical examination and assessment of his/her whole person impairment (WPI) caused by the occupational disease as follows:

- The employee who has retired or resigned shall send a copy of his/her personal health record to an occupational health facility for examination of the occupational disease (with an original for comparison). After the medical examination result is available, the occupational health facility shall complete the employee’s occupational disease record according to regulations of the Ministry of Health;

- The employee who has worked for another employer shall send his/her personal health record to an occupational health facility for examination of occupational disease. If the medical examination result shows that he/she contracts an occupational disease, the employee or his/her current employer shall prepare an occupational disease record based on the employee’s personal health record;

- After having the occupational health record, the employee shall, on his/her own initiative, take a medical examination or request the unit for which the employee has worked or is working to introduce a health facility for assessment of his/her WPI.

Note: If the employee's record does not contain any data on the occupational environment monitoring at the time on which the employee was doing the job that pose a risk of occupational disease or the data on the occupational environment monitoring or the personal health record has been lost, before implementing the above regulations, the employee or his/her current employer shall send a written request for occupational disease verification to a competent health authority in compliance with guidelines of the Minister of Health.

2. If an employee contracts an occupational disease as prescribed above, the Insurance Fund shall provide the following benefits to the employee or his or her relatives:

- The benefits for an employee participating in compulsory insurance, including: Costs of assessing his/her occupational injury or disease; monthly or lump sum benefits; attendance benefits; assistance in living aids or orthopedic devices; convalescence and health rehabilitation benefits; insurance benefits in connection with his/her death due to the occupational disease; payment of health insurance premiums for the employee who takes leave and receives monthly occupational disease benefits;

- 100% of the costs of examination of the occupational disease determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination and after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year;

- 100% of the costs of treatment of the occupational disease determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination and after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year.

3. An employee is entitled to the benefits specified above if the following conditions are met:

- An occupational disease is discovered during the coverage period according to regulations of the Minister of Health;

- He/she participated in compulsory social insurance during the period he/she did the job causing the occupational disease;

- He/she suffers from WPI of at least 5% due to the occupational disease, in the cases where the benefits for an employee participating in compulsory insurance may be provided. 

More details can be found in Decree No. 88/2020/ND-CP of Vietnam’s Government, which takes effect from September 15, 2020.

Ty Na

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