What are business lines containing high risks of occupational accidents and diseases in Vietnam?

What are business lines containing high risks of occupational accidents and diseases in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. What are business lines containing high risks of occupational accidents and diseases in Vietnam?

According to Article 8 of Circular 07/2016/TT-BLDTBXH regulating occupations with high risk of labor accidents and occupational diseases as follows:

- Coke and petroleum mining and refining

- Plastic/ rubber-based chemical production

- Production of metal and metal products

- Mining and quarrying of nonmetallic minerals

- Construction

- Ship and boat building and repairing

- Power generation, distribution and transmission

- Processing and storage of fisheries and aquatic products

- Manufacturing of garments, apparels, leathers and shoes.

- Scrap recycling

- Environmental cleaning

2. 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:

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

(2) 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;

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

(4) 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;

(5) 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;

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

(7) 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;

(8) 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;

(9) 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;

(10) 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) shall include salary, allowances and additional payments as prescribed in legislation on labor.

3. Cases in which occupational accident benefit are rejected by employers in Vietnam

According to Article 40 of the Law on Occupational Safety and Hygiene 2015, an employee shall not receive occupational accident benefits prescribed in Article 38 and Article 39 of this Law from the employer if the accident is caused by one of the following reasons:

- Conflict between the employee and the person causing the accident not relating their works or tasks;

- The employee deliberately ruins their own health;

- The employee uses drugs or other narcotic substances against of law.

4. What is the fine range for not informing employees about the situation of occupational accidents or occupational diseases in Vietnam?

Pursuant to Clause 5 of Article 22 of Decree 12/2022/ND-CP:

A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Failing to provide information on occupational accidents, occupational diseases, hazards and harmful factors, and OSH measures at workplace for employees;

- Failing to identify and assess hazards and harmful factors at the workplace;

- Failing to display warning or instruction signs, in Vietnamese language and another common language of employees, of OSH requirements for machines, equipment, supplies and substances subject to strict OSH requirements at easily visible and legible sites at the workplace and the areas where they are stored, maintained or used.

Note: based on Clause 1, Article 6 of Decree 12/2022/ND-CP, the fine specified above is for individuals. The fine for organizations is 2 times the fine for individuals.

Thus, for the act of not informing employees about the situation of occupational accidents or occupational diseases, employers can be fined from 10,000,000 VND to 15,000,000 VND for individuals and from 20,000,000 VND to 30,000,000 for organizations.

Nguyen Ngoc Que Anh

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