Vietnam: Responsibilities of the employer when an occupational accident occurs

Vietnam: Responsibilities of the employer when an occupational accident occurs (Source: Internet)

1. What is an occupational accident?

According to Clause 8, Article 3 of the Law on Occupational Safety and Health 2015, occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.

2. Classification of occupational accidents in Vietnam

The classification of occupational accidents in Vietnam according to Article 9 of Decree 39/2016/ND-CP is as follows:

(1) Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:

- Death at the scene of accident;

- Death on the way to an emergency or during an emergency;

- Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;

- The employee is declared dead according to the conclusion of the Court for missing case.

(2) Occupational accident causing serious injury to employee (hereafter referred to as serious occupational accident) is the one which causes at least one of injury to the employee as stipulated in Appendix II issued with Decree 39/2016/ND-CP.

Appendix II

(3) Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in Paragraph 1 and 2 of Article 9 of Decree 39/2016/ND-CP.

3. Responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam

Responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam according to Article 38 of the Law on Occupational Safety and Health 2015 are as follows:

- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;

- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:

+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;

+ Full payment for treatment for the employee if the employee has not heath insurance;

- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;

- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;

+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;

- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;

- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;

- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;

- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;

- File a claim for the insurance benefits from the Insurance fund as prescribed;

- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of Article 38 of the Law on Occupational Safety and Health 2015 shall include salary, allowances and additional payments as prescribed in legislation on labor.

Quoc Dat

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