Below is the procedures for settling financial support for occupational safety and hygiene training in Vietnam according to the latest regulations.
Procedures for settling financial support for occupational safety and hygiene training in Vietnam (Image from the Internet)
According to Article 32 of Decree 88/2020/ND-CP, employers are eligible to receive financial support for safety and occupational hygiene training as specified in Clause 4, Article 56 of the Law on Safety and Occupational Hygiene 2015 when meeting the following conditions:
- The employer must have continuously contributed to workers' compensation insurance and occupational disease insurance for the employees eligible for training support for at least 12 months up to the month of requesting financial support for safety and occupational hygiene training.
- Employ a qualified training organization as per regulations or provide self-conducted safety and occupational hygiene training for the first-time training or periodic training in compliance with current legislation.
- Submit regular reports on safety, occupational hygiene activities, and the labor accident situation of the year preceding the request year to the Department of Labor, Invalids and Social Affairs as per legal requirements.
The principles for financial support for safety and occupational hygiene training, according to Article 33 of Decree 88/2020/ND-CP, are as follows:
- The subjects supported for training per Point d, Clause 2, Article 56 of the 2015 Law on Safety and Occupational Hygiene include management personnel in charge of safety and occupational hygiene; personnel involved in safety and occupational hygiene activities; medical staff; safety and hygiene associates, and those performing tasks requiring strict safety and occupational hygiene measures.
- If an employee works for multiple employers, each employer participating in workers' compensation insurance and occupational disease insurance can receive financial support for training the employee.
- Financial support is only provided for training activities completed before the time of requesting training support and no more than 1 year before the year of requesting training support. The employer must have continuously participated in workers' compensation insurance and occupational disease insurance for the employee from the time of training to the time of requesting training support.
The procedures for addressing financial support for safety and occupational hygiene training as per Article 36 of Decree 88/2020/ND-CP include the following steps:
- Employers submit one set of documents as specified in Article 35 of Decree 88/2020/ND-CP to the Department of Labor, Invalids and Social Affairs according to Form No. 11 in the Appendix of Decree 88/2020/ND-CP (along with the supporting data list), bringing along original payment documents for verification against the copies.
- Within 15 working days from receiving a complete and valid dossier as specified, the Department of Labor, Invalids and Social Affairs shall appraise the dossier, decide on support using Form No. 12 in the Appendix of Decree 88/2020/ND-CP and send the decision (with the supporting data list) to the social insurance agency. If unsupported, a written explanation must be provided to the employer, detailing the reasons.
- Within 5 working days from receiving the support decision from the Department of Labor, Invalids and Social Affairs, the social insurance agency is responsible for disbursing financial support for safety and occupational hygiene training to the employer. If payment is not made, a written explanation must be provided to the Department of Labor, Invalids and Social Affairs, stating the reasons.
- The Minister of Finance provides guidance on settling the financial support and instructs production and business establishments to account for the support fund from the Workers' Compensation and Occupational Disease Insurance Fund in accordance with legal regulations.
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