What is the use of the Insurance fund for occupational accidents and occupational diseases in Vietnam?

What is the use of the Insurance fund for occupational accidents and occupational diseases in Vietnam? (Internet image) 

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

1. What is the use of the Insurance fund for occupational accidents and occupational diseases in Vietnam?

Specifically, Article 42 of the Law on occupational safety and hygiene 2015 stipulates use of the Insurance fund for occupational accidents and occupational diseases in Vietnam include:

- Expenditures on fees for medical assessment of injuries or diseases caused by occupational accidents or occupational diseases for entities eligible as prescribed in Article 45 and Article 46 of the Law on occupational safety and hygiene 2015;

Expenditures on fees for medical assessment for employees who proactively take medical assessment of decreased work capacity as prescribed in Point b Clause 1 and Clause 3 Article 47 of the Law on occupational safety and hygiene 2015 and the medical assessment results show that they are entitled to higher benefit of occupational accidents and occupational diseases.

- Expenditures on lump-sum benefit, monthly benefit, attendance benefit.

- Expenditures on daily living aids, orthopedic devices.

- Expenditures on health rehabilitation.

- Expenditures on support for prevention and risk sharing occupational accidents and occupational diseases.

- Support for changes in occupations for victims when they return to work.

- Expenditures on management of insurance as prescribed in the Law on social insurance.

- Expenditures on health insurance premiums for employees entitled to monthly insurance benefit.

2. Premium rates and contribution sources to the Insurance fund for occupational accidents and occupational diseases in Vietnam

Pursuant to Article 44 of the Law on occupational safety and hygiene 2015, the payment rates and sources for the formation of the occupational accident and disease insurance fund are as follows:

- Every month, each employer shall make a contribution up to 1% of their salary fund which is the basis for paying social insurance premiums for employees as prescribed Article 43 of the Law on occupational safety and hygiene 2015 to the Insurance fund.

- Contribution sources to the Insurance fund include:

= Contributions under liability of employers prescribed in Clause 1 of Article 44 of the Law on occupational safety and hygiene 2015.

= Profits from investment activities using the fund prescribed in Article 90 and Article 91 of Law on Social insurance;

= Other lawful revenues.

- According to balance of the Insurance fund, the Government shall promulgate detailed contribution rate to the Insurance fund prescribed in Clause 1 of Article 44 of the Law on occupational safety and hygiene 2015.

3. Requirements for receiving occupational accident benefit in Vietnam

According to Article 45 of the Law on occupational safety and hygiene 2015, an employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:

- He/she has an accident:

= At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;

= Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;

= On the route between home and work within a reasonable period of time and route;

- He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of Article 45 of the Law on occupational safety and hygiene 2015;

- The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of the Law on occupational safety and hygiene 2015.

4. Requirements for receiving occupational disease benefit in Vietnam

Requirements for receiving occupational disease benefit are specified in Article 46 of the Law on occupational safety and hygiene 2015 as follows:

- An employee buying the insurance shall receive the occupational disease insurance benefit if the following requirements are satisfied:

= He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the Law on occupational safety and hygiene 2015;

= He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of Article 46 of the Law on occupational safety and hygiene 2015.

- If an employee who has retired or no longer does the jobs posing risk of occupational diseases on the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of the Law on occupational safety and hygiene 2015 is detect any occupational disease within a prescribed time, he/she might receive benefits as prescribed by the Government.

Ho Quoc Tuan

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