Benefit upon death due to occupational accidents or occupational diseases in Vietnam

Benefit upon death due to occupational accidents or occupational diseases in Vietnam (Internet image)

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

1. Benefit upon death due to occupational accidents or occupational diseases in Vietnam

According to Article 53 of the Law on Occupational Safety and Hygiene 2015, if an employee dies from an occupational accident or an occupational disease, his/her relatives shall be entitled to a lump-sum benefit which is thirty six times the statutory pay rate determined in the month in which he/she dies and enjoy survivor benefits as prescribed in Law on Social insurance if the employee is in one of the following cases:

- The employee dies from an occupational accident or an occupational disease;

- The employee dies from an occupational accident or an occupational disease after the first treatment;

- The employee dies during the treatment period without assessment of decreased work capacity.

Documents on survivor benefits from deaths of employees from occupational accidents or occupational diseases shall comply with Clause 1 Article 111 of Law on Social insurance 2014.

2. Regulations on reporting occupational accidents and safety threat in Vietnam

Regulations on reporting occupational accidents and safety threat in Vietnam according to Article 34 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- An occupational accident or a safety threat shall be reported as follows:

+ Upon the occurrence or possible occurrence of the occupational accident or safety threat at the workplace, the victim or the witness shall immediately inform the person in charge and the employer to promptly give responses and eliminate the consequences;

+ If the accident prescribed in Point a of Clause 1 of Article 34 of the Law on Occupational Safety and Hygiene 2015 is fatal or causes serious injuries to at least two employees, the employer shall immediately report the accident to the labor authority of province where the accident occurred; and concurrently inform police security authority of the district, town, city affiliated to province, or city affiliated to central-affiliated city (hereinafter referred to as the district) regarding the accident resulting in death.

+ If the accident or breakdown occurs in following fields: radioactivity, petroleum exploration and extraction, vehicles of rail transport, waterway, road transport, air transport, and units of People’s armed forces, the employer shall report the accident/breakdown as prescribed in specialized legislation;

+ If the accident is fatal or causes serious injuries to an employee without labor contract, his/her family or the witness shall immediately report such accident to the People’s Committee of commune, ward and town (hereinafter referred to as the commune) where the accident occurred.

If the accident is fatal or causes serious injuries to at least two employees, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.

If the safety threat occurs relating to an employee without labor contract, the witness shall immediately report the breakdown to the People’s Committee of commune where the breakdown occurred as prescribed in Article 19 and Article 36 of the Law on Occupational Safety and Hygiene 2015.

- The competent agency shall consider and deal with declaration of occupational accidents and safety threat, inform results of the informer and apply necessary measures for protection of legitimate rights and interests of the informer.

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