What is occupational rehabilitation? Conditions for financial assistance in occupational rehabilitation in Vietnam

What is occupational rehabilitation? Conditions for financial assistance in occupational rehabilitation in Vietnam (Internet image)

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

1. What is occupational rehabilitation?

According to Clause 2, Article 3 of Decree 88/2020/ND-CP, occupational rehabilitation refers to a process of functional rehabilitation for the employees mentioned in Decree 88/2020/ND-CP.

2. Conditions for financial assistance in occupational rehabilitation in Vietnam

According to Article 24 of Decree 88/2020/ND-CP, conditions for financial assistance in occupational rehabilitation are as follows:

- A health facility has recommended occupational rehabilitation;

- He/she suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

- He/she is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

3. Level of financial assistance in occupational rehabilitation in Vietnam

Level of financial assistance in occupational rehabilitation according to Article 25 of Decree 88/2020/ND-CP is as follows:

- The assistance is 50% of the costs of occupational rehabilitation determined on the basis of list of prices of occupational rehabilitation promulgated by Minister of Health at the time of occupational rehabilitation and after health insurance payout has been provided, but such assistance must not exceed VND 3,000,000 per person per time.

- The assistance is provided to each employee twice at the maximum and only once a year.

4. Application for financial assistance in occupational rehabilitation in Vietnam

Application for financial assistance in occupational rehabilitation according to Article 26 of Decree 88/2020/ND-CP includes:

- An application form for financial assistance in occupational rehabilitation, which is made using the Form No. 09 in the Appendix of Decree 88/2020/ND-CP.

Form No. 09

- In the case of referral between hospitals, a certified true copy of the referral letter from the hospital to the occupational rehabilitation unit of another health facility; in the case of a hospital that has a rehabilitation department, a certified true copy of the medical record stating that the patient is referred to the rehabilitation department.

- Copies of documents evidencing payment of costs of occupational rehabilitation, excluding funding for rehabilitation equipment.

5. Sequence of providing financial assistance in occupational rehabilitation to employees in Vietnam

According to Article 27 of Decree 88/2020/ND-CP, the sequence of providing financial assistance in occupational rehabilitation to employees is as follows:

- The employer shall submit 01 application prescribed in Article 26 of Decree 88/2020/ND-CP to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment for comparison purpose.

- Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 10 in the Appendix of Decree 88/2020/ND-CP and send the decision (enclosed with a list of employees receiving the assistance) to the social security office.

Form No. 10

In the case of refusal, a written explanation shall be provided to the applicant.

- Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational rehabilitation to the employee.

In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

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