Tiếng Việt
中文 (中国)
The occupational accident regime is one of the social security policies to help employees partly with the difficulties and burdens if they, unfortunately, have an accident while working for Vietnamese enterprises. Since its establishment, the occupational accident regime has helped countless employees financially, helping them to take care of themselves and their families. So, what are the regulations on the occupational accident regime in Vietnam?
According to Clause 8, Article 3 of the Law on Occupational Safety and Health 2015, an occupational accident is an accident that causes injury to any part or function of the body or causes death to an employee, occurring in the labor process, associated with the performance of work and labor tasks.
Employees’ rights
When an employee suffers an occupational accident, the employer and the occupational accident insurance fund both have the obligation and responsibility to support and compensate the employee who suffers the occupational accident according to the prescribed level of enjoyment by Vietnamese law.
Section c, Clause 1, Article 6 clearly states the rights of Vietnamese employees related to the occupational accident policy.
Specifically, employees will:
- Be provided with labor protection and health care regimes;
- Have the employer pay occupational accident insurance;
- Enjoy full benefits for people suffering from occupational accidents;
- Be paid medical examination and assessment fees for occupational accidents and diseases;
- Be able to take the initiative to go for an assessment of working capacity decline and be paid an assessment fee in case the assessment results are eligible to increase the level of occupational accident allowance;
- Have the right to request the employer to arrange suitable work after stable treatment due to an occupational accident;
- Have the right to refuse to work or leave the workplace while still being paid full wages and not be considered a violation of labor discipline when it is clear that there is a risk of serious life-threatening occupational accidents or their health (Must immediately notify the direct manager when recognizing the danger to have a timely handling plan);
It should be noted that the above benefits apply to employees working under contracts. As for employees working without contracts in Vietnam, there will be a separate regime on occupational accidents prescribed by the Government of Vietnam.
On the other hand, foreign employees working in enterprises in Vietnam will also have the same rights and obligations as Vietnamese employees working under labor contracts. Participation in occupational accident insurance shall comply with the Government’s regulations.
The level of enjoyment of the occupational accident regime from the employer
When an employee suffers an occupational accident, the employer is responsible for supporting the employee. In terms of financial support, Article 38 of the Law on Occupational Safety and Health in 2015 specifies the amounts of support from the employer, including:
Payment of medical expenses from first aid and emergency treatment to stable treatment for victims of occupational accidents
a) Pay the share of cost co-payments (a pro-rata amount that the insurance agency and the insured jointly pay when incurring expenses covered by insurance) and expenses not on the list covered by health insurance for employees participating in health insurance.
Normally, when examining and treating health diseases, the co-payment that the employee has to pay will be about 20% (for 80% health insurance) and the health insurance agency pays 80%. However, in the event of an occupational accident, the employer will be responsible for paying this cost.
If in case of damage from an occupational accident that needs to be treated with equipment, drugs, treatment methods, etc., which are not on the list covered by health insurance, the employer is also responsible for paying those fees.
b) Paying the fee for examination and assessment of working capacity decreases in cases where it is concluded that the working capacity decrease is less than 5% due to the employer’s recommendation of the employee for assessment of working capacity decreases at the Medical Assessment Council;
c) Pay all medical expenses for employees who do not participate in health insurance;
When working in accordance with the law, employees will be entitled to participate in the compulsory social insurance regime including health insurance and occupational accident insurance. However, if the employee works for the employer without participating in the health insurance regime, when an occupational accident occurs, the employer will be responsible for paying 100% medical costs.
Paying full wages to employees suffering from occupational accidents and having to take leave during the period of treatment and rehabilitation
During the period when the employee has to take time off work for the treatment of an occupational accident, the employer is responsible for paying the worker’s wages in full for the daily work of the employee for the period for which he or she is not eligible to work.
Compensation for employees who suffer an occupational accident that is not entirely due to this person’s fault
If a work accident occurs that is not entirely the fault of the employee themselves, the employer must compensate:
a) At least equal to 1.5 months’ salary if there is a decrease of 5% to 10% of working capacity; then, for every 1% increase, an additional 0.4 month’s salary will be added if the working capacity is reduced from 11% to 80%;
b) At least 30 months’ salary for employees whose working capacity is reduced by 81% or more or for employees’ relatives if the employees die due to occupational accidents;
Allowances for employees suffering from occupational accidents caused by their own fault
If an occupational accident occurs due to the fault of the employee themselves, the employer still needs to compensate the employee an amount of at least 40% of the level specified in Clause 4, Article 38 of the Law on Occupational Safety and Health 2015 (Compensation for employees suffering from occupational accidents that are not entirely caused by this person’s fault) with the corresponding decrease in the working capacity.
Accordingly, if an occupational accident occurs due to the fault of the person suffering the occupational accident, the employer will have to compensate 40% of the level that the employee will receive if the occupational accident is caused by other factors apart from themselves.
Note on the responsibility to support the occupational accident regime for the employer
In addition to paying the above costs, the employer also needs to ensure:
- To introduce employees who have had occupational accidents to be medically assessed to determine the degree of working capacity decreases, to receive treatment, nursing, and occupational rehabilitation in accordance with the law;
- Make compensation and allowances for occupational accident employees within 05 days from the date of conclusion of the Medical Assessment Council on the decrease in working capacity or from the day on which the occupational accident investigation team publishes the occupational accident investigation record for fatal occupational accidents;
- Arrange work suitable for health according to the conclusion of the Medical Assessment Council for employees that continue to work after treatment or rehabilitation from occupational accidents;
- Prepare dossiers for occupational accident benefits from the Occupational Accident Insurance Fund according to regulations;
It should be noted that the salary level for the above regimes including salary, salary allowance, and other additional payments shall comply with the provisions of labor law.
Benefits from the occupational accident insurance fund
According to Article 9 of Circular 28/2021/TT-BLDTBXH, based on the status, degree of injury, and decrease in working capacity, employees suffering occupational accidents will receive different allowances.
Lump-sum allowance
For employees suffering from occupational accidents and having their working capacity reduced from 5-30% through examination, they will receive the following benefits:
Lump-sum allowance = Allowance based on working capacity decrease + Allowance based on years of payment to the occupational accident insurance fund = {5 x Lmin + (m-5) x 0.5 x Lmin} + {0.5 x L + (t-1) x 0.3 x L}
Monthly allowance
For employees suffering from occupational accidents and having a working capacity reduction of 31% or more through examination, they will receive the following benefits:
Monthly allowance = Allowance calculated on working capacity decrease + Allowance based on years of payment to the occupational accident insurance fund = {0.3 x Lmin + (m-31) x 0 .02 x Lmin} + {0.005 x L + (t-1) x 0.003 x L}
In there:
– Lmin: Base salary at the time of receiving (1.49 million VND/month).
– m: Level of decrease in working capacity due to occupational accidents (take the absolute number 5 ≤ m ≤ 100).
– L: Monthly salary paid to the occupational accident insurance fund.
– t: Total number of years of payment to the occupational accident insurance fund.
Subsidies to buy living aids, orthopedic equipment
Employees suffering from occupational accidents and having damage to their bodily functions shall be provided with money to buy living aids and orthopedic equipment according to the term (Clause 1, Article 51 of the Law on Occupational Safety and Health 2015).
Equipment will be calculated according to the age based on the status of injury and illness and as indicated by medical examination and treatment establishments, and orthopedic and functional rehabilitation establishments that ensure professional and technical requirements and conditions with an amount of between VND 100 thousand and VND 5 million for a product/group of products.
Service allowance
For employees suffering from occupational accidents and having a working capacity decrease of 81% or more through examination but suffering from spinal paralysis, blindness in both eyes, amputation, paralysis of two limbs, or mental illness, they will receive benefits are:
Monthly service allowance = Base salary
The current base salary in Vietnam is 1.49 million VND/month.
Support for convalescence and recovery after treatment
For employees suffering from occupational accidents who return to work after stable treatment for their injuries but their health has not yet recovered, they will receive the following benefits:
Daily allowance = 30% x Base salary
The current base salary in Vietnam is 1.49 million VND/month, so the daily allowance will be 30% x 1,490,000 VND = 447,000 VND.
Lump-sum allowance upon death
For employees suffering from occupational accidents leading to death, relatives of the victims of occupational accidents will receive the following benefits:
Lump-sum allowance = 36 x Base salary
The current base salary in Vietnam is 1.49 million VND/month, so the lump-sum allowance upon death is equal to 36 x 1.49 million VND = 53.64 million VND.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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