Regulations on medical assessment of decreased work capacity in Vietnam

Regulations on Medical assessment of decreased work capacity in Vietnam (Image from Internet)

1. Regulations on medical assessment of decreased work capacity

Regulations on the Medical assessment of decreased work capacity in Vietnam according to Article 47 Law on Occupational Safety and Hygiene 2015 are as follows:

- employees suffering from occupational accidents or diseases are subject to assessment or reassessment of their occupational disability level in any of the following cases:

+ After being initially injured or ill and having received stable treatment, residual effects affect health;

+ After the recurrence of injuries or diseases has been stably treated;

+ For cases where injuries or occupational diseases are incapable of being stabilized in treatment as stipulated by the Minister of Health, employees can undergo assessment before or during the treatment process.

- employees receive comprehensive assessments of their occupational disability level in any of the following cases:

+ Suffering from both occupational accidents and diseases;

+ Suffering multiple occupational accidents;

+ Suffering from multiple occupational diseases.

- employees specified at point b, clause 1, Article 47 Law on Occupational Safety and Hygiene 2015 are subject to reassessment of occupational accidents and diseases after 24 months from the date of the previous determination by the Medical Examination Council; for occupational diseases that cause rapid deterioration in health, earlier assessments are conducted as stipulated by the Minister of Health.

2. Lump-sum benefit for employees suffering a working capacity decrease in Vietnam

The Lump-sum benefit for employees suffering a working capacity decrease in Vietnam according to Article 48 Law on Occupational Safety and Hygiene 2015 is as follows:

- employees with a reduction in occupational ability from 5% to 30% are entitled to a Lump-sum benefit.

- The Lump-sum benefit is calculated as follows:

+ A 5% reduction in occupational ability allows for a benefit of five times the statutory pay rate; an additional 1% reduction grants an extra 0.5 times the statutory pay rate;

+ Beyond the allowance specified at point a, clause 2, Article 48 Law on Occupational Safety and Hygiene 2015, the worker also receives an allowance based on the number of years of contributions to the Occupational Accident and Disease Insurance Fund. Contributions of up to one year allow for 0.5 months, and each additional year allows for 0.3 months of the salary paid into the fund as of the month immediately preceding the occupational accident or disease diagnosis. For accidents occurring in the first month of contribution or interrupted contributions, the salary of that month determines the allowance calculation.

- The Minister of Labor, War Invalids and Social Affairs stipulates detailed calculations for occupational accident and disease allowances in cases where employees change the allowance level due to reassessment or comprehensive assessment.

3. Regulations on convalescence and health rehabilitation after injury or disease treatment for employees

Convalescence and health rehabilitation after injury or disease treatment for employees in Vietnam, according to Article 54 Law on Occupational Safety and Hygiene 2015, are as follows:

- employees who have received stable treatment for injuries or occupational diseases and, within the first 30 days of returning to work, have not fully recovered, are entitled to a recovery and health rehabilitation period of 05 to 10 days for each occurrence of an occupational accident or disease.

In cases where the disability assessment by the Medical Examination Council is not received within the first 30 days of returning to work, employees are entitled to recovery and health rehabilitation benefits as stipulated in clause 2, Article 54 Law on Occupational Safety and Hygiene 2015 if the council determines a disability level qualifying for occupational accident and disease insurance benefits.

- The number of recovery and rehabilitation days stipulated in clause 1, Article 54 Law on Occupational Safety and Hygiene 2015 is decided by the employer and the executive committee of the grassroots trade union; if no grassroots trade union is established, the employer decides. The duration is outlined as follows:

+ Up to 10 days for employees with over 51% reduction in occupational ability;

+ Up to 07 days for employees with 31% to 50% reduction in occupational ability;

+ Up to 05 days for employees with 15% to 30% reduction in occupational ability.

- Employees specified in clause 1, Article 54 Law on Occupational Safety and Hygiene 2015 receive a daily allowance equal to 30% of the statutory pay rate.

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