On July 28, 2020, the Government of Vietnam issued Decree No. 88/2020/ND-CP elaborating some Articles of the Law on Occupational Safety and Health on compulsory insurance for occupational accidents and occupational diseases.
Article table of contents
Conditions for and level of financial assistance in occupational rehabilitation have been changed since September 15, 2020, which is the effective date of Decree No. 88/2020/ND-CP of Vietnam’s Government. To be specific:
Firstly, conditions for financial assistance in occupational rehabilitation:
An employee shall be provided with financial assistance in occupational rehabilitation if the following conditions are satisfied:
- A health facility has recommended occupational rehabilitation;
- He/she suffers from whole person impairment (WPI) of at least 31% as a result of the occupational accident or occupational disease;
- He/she is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease (this condition is not required according to Decree No. 37/2016/ND-CP).
Secondly, level of financial assistance in occupational rehabilitation:
- The assistance is 50% of the costs of occupational rehabilitation determined on the basis of list of prices of occupational rehabilitation promulgated by the Minister of Health at the time of occupational rehabilitation and after health insurance payout has been provided, but such assistance must not exceed VND 3,000,000 per person per time (according to Decree No. 37/2016/ND-CP, this assistance must not exceed 02 times the statutory pay rate per person per time).
- The assistance is provided to each employee twice at the maximum and only once a year.
Thirdly, application for financial assistance in occupational rehabilitation:
Decree No. 88/2020/ND-CP no longer requires the certified copy of written record on medical assessment of decreased working capacity made by the Medical Assessment Council in the application for financial assistance in occupational rehabilitation. According to new regulations, an application includes:
- An application form for financial assistance in occupational rehabilitation, which is made using the Form No. 09 in the Appendix hereof.
- In the case of referral between hospitals, a certified true copy of the referral letter from the hospital to the occupational rehabilitation unit of another health facility; in the case of a hospital that has a rehabilitation department, a certified true copy of the medical record stating that the patient is referred to the rehabilitation department.
- Copies of documents evidencing payment of costs of occupational rehabilitation, excluding funding for rehabilitation equipment.
Le Hai
- Key word:
- Decree No. 88/2020/ND-CP
