Requirements for receiving occupational disease benefit in Vietnam

Requirements for receiving occupational disease benefit in Vietnam (Internet image)

Regarding this issue, the Lawnet would like to answer as follows:

1. Requirements for receiving occupational disease benefit in Vietnam

According to Article 46 of the Law on occupational safety and hygiene 2015, the requirements for receiving occupational disease benefit are as follows:

- An employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:

+ He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the Law on occupational safety and hygiene 2015;

+ He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of Article 46 of the Law on occupational safety and hygiene 2015.

- If an employee who has retired or no longer does the jobs posing risk of occupational diseases on the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the Law on occupational safety and hygiene 2015 is detect any occupational disease within a prescribed time, he/she might receive benefits as prescribed by the Government.

2. Lump-sum benefit, monthly benefit of occupational disease regime

2.1 Lump-sum benefit

- Each employee suffering a working capacity decrease of between 5% and 30% is entitled to a lump-sum benefit.

- Lump-sum benefit levels:

+ Each employee suffering a 5% working capacity decrease is entitled to a benefit which is five times more than the statutory pay rate, a half of the statutory pay rate shall be added to each additional 1% working capacity decrease;

+ Apart from the benefit level prescribed in Point a of Clause 2 of Article 48 of the Law on occupational safety and hygiene 2015, each employee is entitled to an additional benefit determined according to the payment period of the insurance premiums which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 month’s salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment;

If the employee suffers from the occupational accident in the first month he/she pays premium or discontinued payment of premium until returning to work, the salary of such month shall be the basis for determination of that benefit.

(Article 48 of the Law on occupational safety and hygiene 2015)

2.2 Monthly benefit

- Each employee suffering a working capacity decrease of at least 31% is entitled to a monthly benefit.

- Monthly benefit levels:

+ Each employee suffering a 31% working capacity decrease is entitled to benefit equivalent to 30% of the statutory pay rate, 2% of the statutory pay rate shall be added to each additional 1% working capacity decrease;

+ Apart from the benefit levels prescribed in Point a of Clause 2 of Article 49 of the Law on occupational safety and hygiene 2015, each employee is entitled to receive a monthly additional benefit determined according to the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based,

For a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

(Article 49 of the Law on occupational safety and hygiene 2015)

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

Each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:

(i) Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;

(ii) 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;

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

(iv) 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;

(v) 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;

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

(vii) 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;

(viii) 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;

(ix) File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;

(x) 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 (iii), (iv), (v) shall include salary, allowances and additional payments as prescribed in legislation on labor.

(xi) The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clauses 3, 4, and 5 of this Article.

(Article 38 of the Law on occupational safety and hygiene 2015)

Nguyen Ngoc Que Anh

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