Applications for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam

Applications for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Applications for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam

Applications for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam according to Article 6 of Circular 28/2021/TT-BLDTBXH is as follows:

- For a worker who is entitled to compensation and benefit for an occupational accident, his/her employer shall be responsible for preparing an application including:

+ A minute of incident investigation, a meeting report on publicizing the minute of incident investigation of an Incident Investigation Team at the grassroots or province level, or at the central level.

+ A report on medical assessment (a written confirmation of the work capacity deduction percentage resulting in an occupational accident or WPI caused by the occupational accident) or a written confirmation report of worker’s death of a medical authority or a declaration of death of a missing worker of a court.

+ A decision on compensation or benefit for the occupational accident of the employer (according to the form specified in Appendix II issued together with Circular 28/2021/TT-BLDTBXH).

+ A written confirmation of accident on way (if any), for cases prescribed in point c clause 5 Article 35 of the Law on Occupational Safety and Hygiene. Contents of the written confirmation may follow the form specified in Appendix IV issued together with Circular 28/2021/TT-BLDTBXH.

- For a worker who is entitled to compensation for an occupational accident, his/her employer shall be responsible for preparing an application including:

+ A dossier of occupational diseases of the worker as prescribed by current laws.

+ A written confirmation report of worker’s death of a medical authority or a medical assessment report (a written confirmation of the percentage of work capacity reduction resulting in the occupational disease) and a conclusion of a competent Medical Assessment Council.

+ A decision on compensation for the occupational disease from the employer (according to form specified in Appendix II issued together with Circular 28/2021/TT-BLDTBXH).

- The application shall be made into 03 copies, including:

+ A copy is given to the employer.

+ Another one is given to the worker suffering the occupational accident or disease (or a relative of a worker who died due to an occupational accident or disease).

+ The last one is sent to a Department of Labor-War Invalids and Social Affairs of the area at which the enterprise or authority or organization's headquarters is located within 10 days since the day on which the decision on compensation for the occupational accident or disease or decision on benefit for the occupational accident is issued.

2. Time limits for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam

Time limits for compensations and benefits for workers leaving work due to occupational accidents and diseases in Vietnam according to Article 7 of Circular 28/2021/TT-BLDTBXH is as follows:

- Decision on compensations or benefits of employers to their workers suffering occupational accidents or diseases must be completed within 05 working days from the days of receiving medical assessment reports of Medical Assessment Councils on percentage of work capacity reduction for serious occupational accidents or from the days on which Incident Investigation Teams of provinces or central authorities organize meetings about publicizing minutes of grassroots-level incident investigation for fatal accidents.

- Compensations and benefits must be provided once for workers or their relatives within 05 days from the days on which their employers make decisions on compensation and benefit.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE