Conditions for financial assistance in occupational safety and health training in Vietnam

Conditions for financial assistance in occupational safety and health training in Vietnam (Internet image)

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

1. Conditions for financial assistance in occupational safety and health training in Vietnam

According to Article 32 of Decree 88/2020/ND-CP, an employer shall be provided with financial assistance in occupational safety and health training as prescribed in Clause 4 Article 56 of the Law on Occupational Safety and Health if the following conditions are satisfied:

- The employer has continuously paid occupational accident and disease insurance premiums for employees for whom training assistance is requested for at least 12 months up to the month of request for financial assistance in occupational safety and health training.

- The employer hires a qualified training organization as prescribed to provide occupational safety and health training or itself provides the training to employees for whom training assistance is requested for the first time or provides periodical training in accordance with applicable regulations of law.

- The employer has submitted periodic reports on occupational safety and health work and reports on occurrences of occupational accidents of the year preceding the year of request to the Department of Labor, War Invalids and Social Affairs in accordance with law.

2. Rules for providing financial assistance in occupational safety and health training in Vietnam

Pursuant to Article 33 of Decree 88/2020/ND-CP, rules for providing financial assistance in occupational safety and health training are as follows:

- Persons entitled to assistance in training as prescribed in Point d Clause 2 Article 56 of the Law on Occupational Safety and Health include managers responsible for occupational safety and health; employees responsible for occupational safety and health work; health workers; occupational safety and health officers and employees doing work subject to strict occupational safety and health requirements.

- If the employee works for multiple employers, each employer participating in occupational accident and disease insurance is entitled to receive financial assistance in provision of training to the employee.

- The financial assistance shall be only provided for the training activities completed before the time of the request for assistance and not more than 01 year before the year of the request for assistance, and the employer has continuously paid occupational accident and disease insurance premiums for the employees from the time of training up to the time of the request for assistance.

3. Level of financial assistance in occupational safety and health training in Vietnam

According to Article 34 of Decree 88/2020/ND-CP, an employer is entitled to a maximum lump sum financial assistance within 24 months at a rate of 70% of the actual costs of training for each employee eligible for training assistance, but not exceeding the following:

- Assistance in initial training:

+ Not exceeding VND 150,000 per person, for the person to be trained who is a safety and health officer;

+ Not exceeding VND 300,000 per person, for the person to be trained who is a manager responsible for occupational safety and health or a health worker;

+ Not exceeding VND 600,000 per person, for the person to be trained who does work subject to strict occupational safety and health requirements;

+ Not exceeding VND 700,000 per person, for the person to be trained who is a person responsible for doing occupational safety and health work.

- The financial assistance in periodic training shall not exceed 50% of that in initial training prescribed in Clause 1 of Article 34 of Decree 88/2020/ND-CP.

4. Sequence of providing financial assistance in occupational safety and health training in Vietnam

Sequence of providing financial assistance in occupational safety and health training is specified in Article 36 of Decree 88/2020/ND-CP as follows:

- The employer shall submit 01 application prescribed in Article 35 hereof to the Department of Labor, War Invalids and Social Affairs according to the Form No. 11 in the Appendix of Decree 88/2020/ND-CP (enclosed with a list of employees receiving the assistance), including the originals of documents evidencing payment for comparison purpose.

Form No. 11

- Within 15 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 12 in the Appendix of Decree 88/2020/ND-CP and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.

Form No. 12

- Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational safety and health training to the employer. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

- The Minister of Finance shall provide guidelines for providing financial assistance in training and instruct business establishments to do accounting for the financial assistance provided by the Insurance Fund in accordance with regulations of law.

Ho Quoc Tuan

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