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

Responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. 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 Article 38 of the Law on Occupational Safety and Hygiene 2015 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.

2. Prohibited acts regarding occupational safety and hygiene in Vietnam

Prohibited acts regarding occupational safety and hygiene according to Article 12 of the Law on Occupational Safety and Hygiene 2015 include:

- Concealing, providing false information about occupational accidents or occupational diseases; failing to conform to requests or implement measures for occupational safety and hygiene causing damage or threaten lives, assets and environment; compelling employees to work or prevent employees from leaving the workplace when there are hazards of occupational accidents threatening their health or lives or compelling employees to keep working even though such hazards have not been eliminated.

- Evading paying or delaying paying insurance premiums; appropriating the insurance premiums or the insurance payout; cheating or forging documents on the insurance; failing to pay the insurance premiums for employees; managing and using the insurance fund not in accordance with regulations of law; illegally assessing database of the insurance.

- Using machinery, equipment or materials having strict requirements pertaining to occupational safety and hygiene without any inspection or the inspection results show that those machinery, equipment or materials do not meet requirements; have no clear origin, expire; do not ensure quality; or cause environment pollution.

- Committing a fraud in inspection, training in occupational safety and hygiene, occupational environment monitoring, or medical assessment of decreased work capacity upon occupational accidents or occupational diseases; prevent, make difficulties or cause damage to lawful right and interests of employees and employers in terms of occupational safety and hygiene.

- Discriminate on grounds of sex in assurance of occupational safety and hygiene; discriminate against employees who refuse to keep working or leave the workplace when they believe that there are hazards of occupational accidents that threaten their lives or health; or discriminate against employees in charge of occupational safety and hygiene of the workplace, discriminate against occupational safety and hygiene officers and health officers.

- Give work assignment that strictly requires occupational safety and hygiene to employees who have not been trained in occupational safety and hygiene.

- Pay in cash instead of in-kind allowances.

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