Latest sequence of providing financial assistance in occupational disease examination in Vietnam

Latest sequence of providing financial assistance in occupational disease examination in Vietnam (Internet image)

1. Conditions for receipt of financial assistance in occupational disease examination for employees

According to Article 16 of Decree 88/2020/ND-CP, an employer shall be provided with financial assistance in occupational disease examination for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

- The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.

- The employee is diagnosed with an occupational disease by an occupational health facility.

2. Level of financial assistance in occupational disease examination in Vietnam

According to Article 17 of Decree 88/2020/ND-CP, the assistance is 50% of the costs of examination of the occupational disease determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination after health insurance payout has been provided, but the assistance must not exceed VND 800,000 per person per examination.

The assistance is provided to each employee twice at the maximum and only once a year.

3. Application for financial assistance in occupational disease examination in Vietnam

According to Article 18 of Decree 88/2020/ND-CP, the application for financial assistance in occupational disease examination includes:

- An application form for financial assistance in occupational disease examination, which is made using the Form No. 05 in the Appendix hereof.

Form No. 05

- A certified true copy of the occupational disease record from the occupational health facility.

- Copies of documents evidencing payment of costs of occupational disease examination.

4. Latest sequence of providing financial assistance in occupational disease examination in Vietnam

Pursuant to Article 19 of Decree 88/2020/ND-CP, the sequence of providing financial assistance in occupational disease examination is as follows:

-  If the conditions specified in Article 16 are satisfied, the employer shall submit 01 application prescribed in Article 18 hereof to the Department of Labor, War Invalids and Social Affairs.

- Within 05 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. 06 in the Appendix hereof 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 employer or employee who submitted the application.

Form No. 06

- 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 disease examination to the employer or employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

5. Convalescence and health rehabilitation after injury or disease treatment in Vietnam

Article 54 of the Law on occupational safety and hygiene 2015 stipulates the convalescence and health rehabilitation after injury or disease treatment as follows:

- An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.

If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of Article 54 of the Law on occupational safety and hygiene 2015 if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.

- The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:

+ Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;

+ Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;

+ Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;

- The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of Article 54 of the Law on occupational safety and hygiene 2015 shall equal 30% of the statutory pay rate.

To Quoc Trinh

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