Guidelines for Receiving Benefits under Work Injury and Occupational Disease Policies in Vietnam (Latest)

From March 1, 2018, Circular 56/2017/TT-BYT officially takes effect with the content stipulating that employees and employers in Vietnam must apply new forms when implementing procedures to enjoy occupational accident and disease policies. For the convenience of our members, Lawnet would like to share the forms and procedures to enjoy occupational accident and disease policies to be applied in 2018.

FORMS FOR PROCESSING OCCUPATIONAL ACCIDENT BENEFITS, OCCUPATIONAL DISEASE IN VIETNAM

Step 1: Prepare documents for medical examination to assess the reduction in working capacity in Vietnam

Case First-time assessment documents Recurrence assessment documents
Assessment due to occupational accident
  • Introduction letter from the employer or application for medical assessment;
  • Original or certified copy of the injury certificate issued by a medical facility;
  • Discharge papers or a summary of the medical record;
  • Original or certified copy of the Occupational Accident Investigation Report;
  • One of the following photo IDs: ID card, passport, valid citizen identification card.
  • Application for medical assessment;
  • Original or certified copy of the summary of the medical record or discharge papers;
  • Original or certified copy of the latest Medical Assessment Council's Report along with injury certificates recording the assessed injuries in that report;
  • One of the following photo IDs: ID card, passport, valid citizen identification card.
Assessment due to occupational disease
  • Introduction letter from the employer or application for medical assessment;
  • Original or certified copy of the occupational disease record;
  • Summary of the occupational disease treatment medical record related to the occupational disease (if any);
  • One of the following photo IDs: ID card, passport, valid citizen identification card.
  • Application for medical assessment;
  • Original or certified copy of the occupational disease record;
  • Original or certified copy of the summary of the medical record or discharge papers clearly stating the recurrence of the injury;
  • Original or certified copy of the latest medical assessment report;
  • One of the following photo IDs: ID card, passport, valid citizen identification card.
Comprehensive assessment of reduced working capacity - Introduction letter from the employer or the employee's application for medical assessment;

- Original or certified copy of the latest Medical Assessment Council's Report if previously assessed;

- Other required documents as specified in Clauses 1, 2 of Article 5 or Article 6 of Circular 56/2017/TT-BYT, applicable to the subject and type of assessment;

- One of the following photo IDs: ID card, passport, valid citizen identification card.

Step 2: Submit documents for medical examination in Vietnam

Employees are responsible for preparing and completing the medical assessment documents and submitting them to the Medical Assessment Council in the following cases:

- Recurrence assessment, including employees who have quit their jobs and request a recurrence assessment;

- Comprehensive assessment for employees who are retaining their social insurance payment period or retired.

For other cases not mentioned above, the employer is responsible for preparing and completing the employee's assessment documents and submitting them to the Medical Assessment Council.

Step 3: Prepare documents to claim insurance benefits for occupational accident, occupational disease in Vietnam

Case Document components
Claiming benefits for occupational accident - Social Insurance Book;

- Application for occupational accident benefits as per Form No. 05-HSB (original);

- Occupational Accident Investigation Report as per regulations;

- Discharge papers after stable treatment of occupational injuries for inpatient treatment cases, or initial examination and treatment documents for outpatient treatment cases;

- Original Medical Assessment Council's Report on the reduced working capacity level;

- In cases where a traffic accident is determined to be an occupational accident, additional documents include:
  • Scene examination report, traffic accident scene diagram;
  • Traffic accident report from the police or military criminal investigation agency.
Claiming benefits for occupational disease - Social Insurance Book;

- Application for occupational disease benefits as per Form No. 05-HSB (original);

- Environmental measurement report of hazardous factors or environmental condition checks within the prescribed period by a competent authority; in cases where the report or inspection results are identified for multiple employees, each employee's documents will include extracts from the report or inspection results. For employees infected with HIV due to occupational accidents, replace this with the Occupational Accident Report as per Decision 120/2008/QD-TTg;

- Discharge papers for inpatient treatment after stable treatment of occupational disease. For non-inpatient cases, occupational disease examination papers or consultation slips. For employees infected with HIV due to occupational accidents, replace with the HIV infection certificate due to occupational accidents per Decision 120/2008/QD-TTg;

- Original Medical Assessment Council's Report on the reduced working capacity level.
Recurrence compensation for occupational accident, occupational disease - Previously claimed occupational accident, occupational disease compensation documents managed by the social insurance agency;

- Discharge papers after stable treatment of old injuries or diseases for inpatient cases. For non-inpatient cases, documents of examination and treatment of recurrent injuries or diseases;

- Medical Assessment Council's Report on the reduced working capacity level due to recurrent injuries or diseases (original).
Compensation for comprehensive assessment of reduced working capacity - Previously claimed occupational accident or occupational disease compensation documents managed by the social insurance agency;

- Documents of the occupational accident or occupational disease for cases that have not been assessed;

- Original Comprehensive Medical Assessment Council's Report on the reduced working capacity level.

Step 4: Submit documents to claim insurance benefits for occupational accident, occupational disease in Vietnam

- Employees suffering from first-time occupational accident, occupational disease or comprehensive assessment: Submit to the employer the documents stipulated in Clauses 1, 4, and 6 of Article 14 for occupational accident benefits, or documents stipulated in Clauses 1 and 4 of Article 15 of Decision 636/QD-BHXH for occupational disease benefits; in cases of the first-time occupational accident, occupational disease or comprehensive assessment where the Medical Assessment Council returns the assessment results to the employee, include the Medical Assessment Council's Report on the reduced working capacity level.

Then, the employer completes and submits the employee’s insurance benefit application for occupational accident or occupational disease to the social insurance agency where the social insurance is paid.

- Employees suffering recurrent injuries or diseases due to occupational accident, occupational disease: Submit the documents stipulated in Clauses 2 and 3 of Article 16 of Decision 636/QD-BHXH to the district or provincial social insurance office where the benefits are paid.

Legal Basis:

Circular 56/2017/TT-BYT;

Decision 636/QD-BHXH.

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