Voluntary occupational accident insurance in Vietnam

11:59, 11/07/2024

According to the proposal in the Draft Decree on voluntary occupational accident insurance for employees without employment contracts, the voluntary occupational accident insurance policies apply to the following specific subjects:

- Employees with legal employment without being required to enter into an employment contract in the following units, organizations:

- Individual household business;

- Cooperative group;

- Cooperative, cooperative alliance;

- Households engaged in economic activities;

- Work teams, worker groups.

- Employees with freelance jobs, not working for any employer or labor group.

- Cooperative members, cooperative alliance members.

- And other employees working without an employment contract.

Conditions for enjoying benefits:

Employees participating in voluntary occupational accident insurance (OAI) are entitled to OAI policies upon meeting the following conditions:

- Having a reduction in working capacity of 5% or more due to an occupational accident while participating in voluntary OAI;

- Having participated in voluntary OAI for an accumulated period of at least 12 months by the time of the accident; or before the accident occurred, having concurrently participated in mandatory social insurance (SI) for at least 12 months without suffering from an occupational accident and without receiving OAI benefits during that period.

- Employees participating in voluntary OAI continuously for 12 months or more will be considered for additional support policies on occupational accident prevention.

Note: Employees do not receive OAI benefits if the accident happened due to:

- The victim's conflict with the violator, unrelated to work or labor duties;- The employee's intentional self-inflicted harm;

- The employee's use of illegal drugs or other illegal substances.

Voluntary OAI policies:

No	Policy	Details
1	Assessment of reduced working capacity	Conditions for assessment: After the first injury treatment was stable but left sequelae affecting health; After injury recurrence and treatment was stable; In cases where injury is unlikely to be stable, the employee can undergo assessment before or during the treatment process. Employees are entitled to a comprehensive assessment of reduced working capacity when suffering occupational accidents multiple times. Employees who have received OAI benefits and whose condition recurs after stable treatment are referred by the Social Insurance Agency for a reassessment after 24 months from the last medical assessment board's conclusion. The Social Insurance Agency covers assessment fees if: The employee voluntarily undergoes a working capacity reduction assessment with a medical board concluding a reduction of 5% or more; The Social Insurance Agency refers the employee for reassessment.
2	Lump sum allowance	Employees with a working capacity reduction from 5% to 30% due to occupational accidents are entitled to a lump sum allowance as follows: 5% reduction in working capacity is entitled to five times the statutory pay rate, with an additional 0.5 times the statutory pay rate for each 1% additional reduction; In addition to the above allowance, employees are entitled to an additional allowance calculated based on the number of years participating in voluntary OAI, with an extra 0.3 times the statutory pay rate for each year from the second year onwards. If an employee dies due to an occupational accident, their relatives are entitled to a lump sum allowance of 36 times the statutory pay rate in the following cases: The employee dies while working due to an occupational accident; The employee dies during initial treatment due to an occupational accident; The employee dies during treatment of injuries from an occupational accident without being assessed for reduced working capacity.
3	Monthly allowance	Employees with a working capacity reduction of 31% or more due to occupational accidents are entitled to a monthly allowance: 31% reduction equals 30% of the statutory pay rate, with an additional 2% of the statutory pay rate for each 1% additional reduction; Plus, monthly, an additional allowance calculated based on the number of years participating in voluntary OAI, with up to 0.5% of the statutory pay rate for the first year, and 0.3% of the statutory pay rate for each additional year.
4	Service allowance	Employees with a working capacity reduction of 81% or more due to occupational accidents, who suffer from spinal paralysis or blindness in both eyes, or the amputation or paralysis of two limbs, or mental illness, are entitled to a service allowance equal to the statutory pay rate in addition to their monthly allowance.
5	Support for assistive devices and orthopedic tools	Employees suffering from occupational accidents resulting in bodily functional impairments are entitled to financial support for purchasing assistive living devices or orthopedic tools according to the periodicity based on their injury status and prescriptions from medical, orthopedic, and rehabilitation facilities meeting professional and technical requirements.
6	Occupational change support	Employees with a working capacity reduction of 31% or more due to occupational accidents, upon returning to work and requiring training for job change, are entitled to tuition support. Support level is not more than 50% of the tuition fee and not more than 15 times the statutory pay rate. Maximum support is 02 times, and support can be received once per year.
7	Recuperation and health recovery	Employees with stabilized injuries from occupational accidents, within the first 30 days of returning to work but still not fully recovered as determined by the medical assessment board, are entitled to support for recuperation and health recovery: 05 days for a working capacity reduction of 51% or more due to occupational accidents or occupational diseases; 04 days for a working capacity reduction of 31% - 50% due to occupational accidents or occupational diseases; 03 days for a working capacity reduction of 15% - 30% due to occupational accidents or occupational diseases. Support for 01 day of recuperation and health recovery is equal to 30% of the statutory pay rate.
8	Medical cost support	Employees with health insurance, if suffering from a 5% or more reduction in working capacity due to occupational accidents, are entitled to support for co-payment of medical costs covered by health insurance from first aid to stable injury treatment.
9	Occupational accident prevention support	Training on labor safety and hygiene for those doing work requiring strict labor safety and hygiene: Support level is not more than 30% of the tuition fee and not more than 50% of the statutory pay rate per employee; Maximum support is 02 times and once every 03 years per employee. Provision of occupational accident prevention information for employees in heavy, hazardous, or especially heavy, hazardous jobs: Support level is not more than 5% of the statutory pay rate per employee; Maximum support is 02 times per year per employee.

View the full text of the Draft Decree HERE.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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