Conditions for enjoying the occupational accident benefits in Vietnam

Conditions for enjoying the occupational accident benefits in Vietnam (Internet image) 

1. What is an occupational accident?

According to Clause 8, Article 3 of the Law on Occupational Safety and Hygiene 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. Coverage of occupational accident and occupational disease benefits in Vietnam

According to Article 42 of the Law on Social Insurance 2014, coverage of occupational accident and occupational disease benefits is as follows:

- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

- Persons working under labor contracts with a term of between full 1 month and under 3 months;

- Officials and public employees;

- Defense workers, public security workers and persons doing other jobs in cipher organizations;

- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

- Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

- Salaried managers of enterprises and cooperatives;

3. Conditions for enjoying the occupational accident benefits in Vietnam

According to Article 43 of the Law on Social Insurance 2014, employees are entitled to the occupational accident benefits when fully satisfying the following conditions:

- Getting accidents in one of the following cases:

+ At the workplace and during working hours;

+ Outside the workplace or beyond working hours while performing tasks assigned by their employers;

+ On a route to and from residence and workplace within a rational time and on a rational route.

- Suffering a working capacity decrease of 5% or more after getting accidents specified in Clause 1 of Article 43 of the Law on Social Insurance 2014.

4. Regulations on assessment of working capacity decrease in Vietnam

Article 45 of the Law on Social Insurance 2014 stipulates the assessment of working capacity decrease in Vietnam as follows:

- Employees getting an occupational accident or an occupational disease are entitled to assessment or re-assessment of their working capacity decrease when falling in either of the following cases:

+ Their health conditions have become stable after treatment of an injury or a disease;

+ Their health conditions have become stable after treatment of a recurring injury or disease.

- Employees are entitled to thorough assessment of their working capacity decrease when falling in one of the following cases:

+ Getting both a occupational accident and an occupational disease;

+ Getting occupational accidents repeatedly;

+ Getting many occupational diseases.

5. Regulations on convalescence and health rehabilitation after injury or disease treatment in Vietnam

Article 52 of the Law on Social Insurance 2014 stipulates convalescence and health rehabilitation after injury or disease treatment as follows:

- Employees whose health has not yet recovered after taking treatment of occupational diseases or injuries caused by occupational accidents are entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation.

- The per-diem allowance is equivalent to 25% of the statutory pay rate, if convalescence and health rehabilitation take place at home; or equivalent to 40% of the statutory pay rate, if convalescence and health rehabilitation take place at health establishments.

To Quoc Trinh

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