What are the benefits for employee who contracts an occupational disease after retiring or resigning in Vietnam?

What are the benefits for employee who contracts an occupational disease after retiring or resigning in Vietnam? (Internet image) 

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

1. What are the benefits for employee who contracts an occupational disease after retiring or resigning in Vietnam?

According to Clause 3, Article 5 of Decree 88/2020/ND-CP, if an employee contracts an occupational disease after retiring or no longer working in occupations or jobs at risk of occupational diseases, the Insurance Fund shall provide the following benefits to the employee or his or her relatives:

(i) The benefits specified in Section 3 Chapter III of the Law on Occupational Safety and Health 2015 for an employee participating in compulsory insurance, including:

- Costs of assessing his/her occupational injury or disease;

- Monthly or lump sum benefits; attendance benefits;

- Assistance in living aids or orthopedic devices;

- Convalescence and health rehabilitation benefits;

- Insurance benefits in connection with his/her death due to the occupational disease;

- Payment of health insurance premiums for the employee who takes leave and receives monthly occupational disease benefits;

(ii) 100% of the costs of examination of the occupational disease determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination and after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year.

(iii) 100% of the costs of treatment of the occupational disease determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination and after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year.

2. Conditions for enjoying occupational disease benefits after retiring or resigning in Vietnam

According to Clause 4, Article 5 of Decree 88/2020/ND-CP, an employee is entitled to the benefits specified in Section 1 if the following conditions are met:

(i) An occupational disease is discovered during the coverage period according to regulations of the Minister of Health;

(ii) He/she participated in compulsory social insurance during the period he/she did the job causing the occupational disease prescribed in Point (i) of this Section;

- He/she suffers from WPI of at least 5% due to the occupational disease, in the cases where the benefits specified in Point (i) of Section 1 may be provided. 

3. Applications for occupational disease benefits in Vietnam

According to Clause 5 and Clause 6, Article 5 of Decree 88/2020/ND-CP, applications for benefits covered by the Social Insurance Fund for labor accidents and occupational diseases in Section 1 are prescribed as follows:

(i) An application for occupational disease benefits in the case specified in Point (i) of Section 1 includes:

- An application form made by the employee who has retired or resigned using the Form No. 01 in the Appendix of Decree 88/2020/ND-CP; or a written request made by the current employer using the form promulgated by the Vietnam Social Security if the employee who has worked for another employer;

- A WPI assessment report prepared by the Medical Examination Council.

(ii) An application for costs of occupational disease examination or treatment in the case specified in Points (ii) and (iii) of Section 1 includes:

- An application form made by the employee who has retired or resigned using the Form No. 02 in the Appendix of Decree 88/2020/ND-CP; or a written request made by the current employer according to Clause 1 Article 18 and Clause 2 Article 22 of Decree 88/2020/ND-CP if the employee has worked for another employer;

- The documents mentioned in Clause 2 Article 18 and Clause 2 Article 22 of Decree 88/2020/ND-CP;

- A copy of the hospital discharge paper or copy of the medical record after the occupational disease treatment;

- Originals of documents evidencing payment of costs of occupational disease examination or treatment.

Nguyen Ngoc Que Anh

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