Wages Used as Basis for Calculating Compensation for Work-Related Injuries and Occupational Diseases in the Military

1. The salary used as the basis for calculating compensation or occupational accident and disease allowance is the average salary of the 6 months preceding the date of the occupational accident or the date of being diagnosed with an occupational disease. If the working, apprenticeship, internship, probation, or training period is less than 6 months, the salary used as the basis for compensation, allowance calculation is the average salary of the months preceding the date of the occupational accident or the date of being diagnosed with the occupational disease.

2. The monthly salary rate is determined specifically for each subject as follows:

For employees receiving a salary from the state budget, the salary used as the basis for calculating compensation and occupational accident and disease allowance includes the rank salary, position salary, position allowance, seniority allowance, and extra seniority allowance (if any);

For employees working under a labor contract, the salary used as the basis for calculating compensation and occupational accident and disease allowance is the salary stated in the labor contract, including job-specific salary, title salary, and salary allowances (if any);

For employees during the apprenticeship or internship period at agencies, organizations, or enterprises lacking an apprenticeship or internship salary, the salary used as the basis for calculating compensation and occupational accident and disease allowance is the regional minimum wage announced by the Government of Vietnam at the location where the employee works; in case the agency, organization, or enterprise has an apprenticeship or internship salary, such salary will be used for compensation and allowance calculations as agreed by both parties;

For employees during the probationary or training period, the salary used as the basis for calculating compensation and occupational accident and disease allowance is the probationary salary mutually agreed upon or the training salary decided by the competent authority.

For employees receiving a monthly living allowance, the basis for calculating compensation and occupational accident and disease allowance is 2 months of the statutory pay rate regulated by the Government of Vietnam at the time of the occupational accident or the time of being diagnosed with the occupational disease.

Circular 124/2015/TT-BQP takes effect from December 25, 2015, replacing Circular 14/2004/TT-BQP.

- Ngoc Duyen -

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