Guidelines for statistics and reports on occupational diseases in Vietnam

Guidelines for statistics and reports on occupational diseases in Vietnam (Internet image)

1. Guidelines for statistics and reports on occupational diseases in Vietnam

According to Article 37 of the Law on occupational safety and hygiene 2015, statistics and reports on occupational diseases are as follows:

- All employees suffering occupational diseases shall be released statistics and reported as prescribed by the Minister of Health.

The List of occupational diseases promulgated by the Minister of Health with the consent of the Ministry of Labor, War Invalids and Social Affairs, Vietnam General Confederation of Labor, the representative of employers, relevant social organizations shall be amended in conformity with the occupational environment, equipment and technology.

- Every year, each employer shall send reports and statistics of prevention of occupational diseases to health authority of province, and then they shall be sent to the Ministry of Health.

- Every year, the Ministry of Health shall send statistics and assessment of occupational diseases and actions against occupational diseases to the Ministry of Labor, War Invalids and Social Affairs, and then they shall be sent to the Government.

- The Ministry of Health shall organize and give instructions in collection, archives, provision, promulgation and assessment of occupational diseases; creation and management of database of occupational disease prevention; and investigation into occupational diseases.

2. Responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam

According to Article 38 of the Law on occupational safety and hygiene 2015, each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:

- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;

- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:

+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;

+ Full payment for treatment for the employee if the employee has not heath insurance;

- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;

- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;

+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;

- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;

- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;

- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;

- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;

- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of Chapter III of the Law on occupational safety and hygiene 2015;

- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of Article 38 of the Law on occupational safety and hygiene 2015 shall include salary, allowances and additional payments as prescribed in legislation on labor.

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