THE GOVERNMENT
Decree No. 37/2016/ND-CP of May 15, 2016 detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 25, 2015 Law on Occupational Safety and Health;
Pursuant to the November 20, 2014 Law on Social Insurance;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details and guides a number of articles of the Law on Occupational Safety and Health regarding occupational accident and disease insurance for employees who sign labor contracts with employers; and rights and responsibilities of related agencies, units, organizations and individuals in the implementation of compulsory occupational accident and disease insurance regimes.
Article 2. Subjects of application
1. Cadres, civil servants, public employees and Vietnamese employees working under labor contracts covered by compulsory occupational accident and disease insurance, including:
a/ Cadres, civil servants and public employees under the laws on cadres, civil servants and public employees;
b/ Officers and professional army men of the people’s army; professional officers and non-commissioned officers and technical officers and non-commissioned officers of the people’s public security; and persons engaged in cipher work and enjoying salaries like army men;
c/ Non-commissioned officers and soldiers in the people’s army; non-commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost-of-living allowance;
d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;
dd/ Persons working under indefinite-term labor contracts, labor contracts with a term of 3 months and more, or labor contracts with a term of between full 1 month and under 3 months, excluding domestic workers;
e/ Salaried managers of enterprises or cooperatives.
2. Employers defined in Clause 3, Article 2 of the Law on Social Insurance.
3. Retired employees or employees no longer performing occupations or jobs at risk of occupational disease.
4. Agencies, organizations and individuals involved in compulsory occupational accident and disease insurance.
The subjects defined in Clauses 1 and 3 of this Article are below collectively referred to as employees.
Article 3. Interpretation of terms
1. Occupational disease examination and treatment establishment means a health establishment that fully meets the conditions prescribed by the law on medical examination and treatment.
2. Working function rehabilitation means a process of taking medical, technical, educational and sociological measures to rehabilitate working functions.
3. Working function rehabilitation unit means a health establishment that fully meets the conditions for working function rehabilitation activities as prescribed by the law on medical examination and treatment.
Chapter II
OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE FUND AND A NUMBER OF REGIMES FOR VICTIMS OF OCCUPATIONAL ACCIDENTS OR DISEASES
Article 4. Premium rates and methods of premium payment by employers
The rates of premium to be paid into the Occupational Accident and Disease Insurance Fund prescribed in Clause 3, Article 44 of the Law on Occupational Safety and Health are prescribed as follows:
1. An employer shall monthly pay an amount equal to:
a/ 1% of the salary fund used as the basis for payment of social insurance premiums for employees prescribed at Points a, b, d, dd and e, Clause 1, Article 2 of this Decree.
For employers being enterprises, cooperatives, business households or cooperative groups in agriculture, forestry, fishery or salt production industry and paying product-based or piecework salaries, they may make payment once every month, every 3 months or every 6 months.
b/ 1% of the basic salary for each employee prescribed at Point c, Clause 1, Article 2 of this Decree.
2. From January 1, 2018, the Government shall decide on premium rates which are lower than those prescribed in Clause 1 of this Article.
Article 5. Occupational accident or disease insurance regime for an employee who signs labor contracts with more than one employer
The occupational accident or disease insurance regime for an employee who signs labor contracts with more than one employer mentioned in Clause 2, Article 43 of the Law on Occupational Safety and Health is prescribed as follows:
1. Monthly or lump-sum occupational accident or disease allowance which is calculated based on the total salary used as the basis for payment to the occupational accident and disease fund of all labor contracts effective at the time the occupation accident or disease occurs but must not exceed the maximum allowance under the social insurance law.
2. Support for occupation change training; examination and treatment of occupational disease; occupational safety and health training and working function rehabilitation under this Decree, and social insurance regimes as prescribed by the social insurance law.
Article 6. Medical assessment for employees detected to be suffering an occupational disease after retirement or performance of an occupation or a job at risk of occupational disease
Employees detected to be suffering an occupational disease after retirement or performance of an occupation or a job at risk of occupational disease mentioned in Clause 2, Article 46 of the Law on Occupational Safety and Health is prescribed as follows:
1. A subject defined in Clause 3, Article 2 of this Decree who is detected to be suffering an occupational disease caused by hazardous factors of his/her previous occupation within the coverage period from the date he/she retires, changes to another occupation or leaves the job may take a medical examination of the occupational disease and an assessment of his/her working capacity decrease due to the disease.
2. A victim of an occupational disease defined in Clause 1 of this Article may have expenses of occupational disease examination and treatment paid by the Occupational Accident and Disease Insurance Fund under Sections 1 and 2, Chapter IV of this Decree.
3. A dossier for enjoyment of the occupational disease regime for an employee detected to be suffering an occupational disease after retirement or performance of the occupation or job at risk of occupational disease must comprise:
a/ The social insurance book, for an employee who is still working, or a copy of the decision on enjoyment of the retirement regime, for an employee who has retired;
b/ The records of examination of occupational disease;
c/ The Medical Assessment Council’s record of the assessment of the level of working capacity decrease;
d/ A written request for enjoyment of the occupational disease regime.
4. The sequence of settlement and dossier for enjoyment of lump-sum or monthly allowance must comply with the guidance of the Minister of Labor, War Invalids and Social Affairs.
5. The coverage period of each occupational disease and the sequence of and dossier for medical assessment of working capacity decrease for employees must comply with the guidance of the Minister of Health.
Chapter III
SUPPORT FOR OCCUPATION CHANGE TRAINING FOR VICTIMS OF OCCUPATIONAL ACCIDENTS OR DISEASES
Article 7. Conditions for support for victims of occupational accidents or diseases to change their occupations when they return to work
An employee may receive support for expenses of job change training after having an occupational accident or contracting an occupational disease prescribed in Article 55 of the Law on Occupational Safety and Health if he/she fully meets the following conditions:
1. Suffering a working capacity decrease of at least 31% due to the accident or disease.
2. Having been assigned by the employer with a new job under the employer’s management suitable to his/her health and expectation and the new job requiring training.
Article 8. Level of support and competence to decide on support for occupation change training
1. The training expense prescribed in Clause 2, Article 55 shall be calculated on the basis of prices of occupational training services under competent state agencies’ regulations.
2. Provincial-level Labor, War Invalids and Social Affairs Departments shall decide on levels of support for each subject not exceeding 50% of the total training expense and 15 times the basic salary.
Article 9. Dossier of request for support
1. A written request for financial support for occupation change training for a victim of an occupational accident or disease, made by an employer according to the form issued by the Minister of Labor, War Invalids and Social Affairs.
2. Copies of payment documents of training expenses under regulations.
Article 10. Sequence of settlement of financial support for occupation change training
1. An employer shall submit a dossier prescribed in Article 9 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department, enclosed with the originals of payment documents for comparison.
2. Within 5 working days after receiving a valid dossier as prescribed, the provincial-level Labor, War Invalids and Social Affairs Department shall decide on the level of support. In case of refusal, it shall issue a written reply clearly stating the reason.
3. Within 5 working days after receiving a decision on support, the social insurance agency shall provide a financial support for occupation change training.
Chapter IV
CONDITIONS, LEVELS, DOSSIER AND SEQUENCE FOR SUPPORT FOR OCCUPATIONAL DISEASE EXAMINATION AND TREATMENT, OCCUPATIONAL SAFETY AND HEALTH TRAINING, AND WORKING FUNCTION REHABILITATION
Section 1
CONDITIONS, LEVEL, DOSSIER AND SEQUENCE OF SUPPORT FOR OCCUPATIONAL DISEASE EXAMINATION
Article 11. Conditions for support for occupational disease examination for employees
Employees eligible for financial support for occupational disease examination prescribed at Point a, Clause 2, Article 56 of the Law on Occupational Safety and Health are specified as follows:
1. The subjects defined in Clause 1, Article 2 of this Decree must fully meet the following conditions:
a/ Employees have paid occupational accident and disease insurance premiums for full 12 months or more and have been participating in the insurance by the month preceding the month of request for financial support for occupational disease examination;
b/ Employers have implemented working environment monitoring under regulations;
c/ Employees for whom financial support for occupational disease examination is requested have their occupational disease detected at a qualified occupational disease examination and treatment establishment.
2. The subjects defined in Clause 3, Article 2 of this Decree must be within the coverage period of occupational diseases under the regulations of the Minister of Health when taking an examination to detect an occupational disease.
Article 12. Level of financial support for occupational disease examination
1. The level of support equals 50% of the expenses of occupational disease examination which is determined on the basis of the list of prices of occupational disease examination services issued by the Minister of Health at the time the employee takes an examination of occupational diseases, excluding amounts covered by health insurance, and must not exceed one-third of the basic salary per person per examination.
2. The support may be provided twice at most per employee and only once per year.
3. An employee who previously performed an occupation or a job at risk of occupational disease may have 100% of expenses of occupational disease examination paid by the Occupational Accident and Disease Insurance Fund after retiring, leaving the job or moving to work for another unit.
Article 13. Dossier of request for financial support for occupational disease examination
1. For the subjects fully meeting the conditions specified in Clause 1, Article 11 of this Decree, a dossier must comprise:
a/ A written request for financial support for occupational disease examination for an employee, made according to the form issued by the Minister of Labor, War Invalids and Social Affairs;
b/ A certified copy of the record on working environment monitoring results;
c/ The record certifying that the employee suffers an occupational disease, made by a qualified occupational disease examination and treatment establishment.
2. For the subjects fully meeting the conditions specified in Clause 2, Article 11 of this Decree, a dossier must comprise:
a/ A written request for financial support for occupational disease examination for an employee, made according to the form issued by the Minister of Labor, War Invalids and Social Affairs;
b/ A certified copy of the record on working environment monitoring results during the time the employee worked in the unit at risk of occupational disease (if any);
c/ The record certifying that the employee suffers an occupational disease, made by a qualified occupational disease examination and treatment establishment.
d/ Copies of payment documents of expenses of occupational disease examination under regulations.
Article 14. Sequence of settlement of financial support for occupational disease examination
1. For the subjects fully meeting the conditions specified in Clause 1, Article 11 of this Decree, employers shall submit a dossier as prescribed in Clause 1, Article 13 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department.
2. For the subjects fully meeting the conditions specified in Clause 2, Article 11 of this Decree, employees shall submit a dossier as prescribed in Clause 2, Article 13 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department, enclosed with the originals of payment documents for comparison.
3. Within 5 working days after receiving a valid dossier as prescribed, the provincial-level Labor, War Invalids and Social Affairs Department shall decide on the support. In case of refusal, it shall issue a written reply clearly stating the reason.
4. Within 5 working days after receiving a decision on support, the social insurance agency shall provide a financial support for occupational disease examination.
Section 2
CONDITIONS, LEVEL, DOSSIER AND SEQUENCE OF FINANCIAL SUPPORT FOR OCCUPATIONAL DISEASE TREATMENT
Article 15. Conditions for financial support for occupational disease treatment for employees
Employees eligible for financial support for occupational disease treatment prescribed at Point a, Clause 2, Article 56 of the Law on Occupational Safety and Health are specified as follows:
1. The subjects defined in Clause 1, Article 2 of this Decree must fully meet the following conditions:
a/ Employees have been diagnosed of an occupational disease at a qualified occupational disease examination and treatment establishment;
b/ Employees have paid occupational accident and disease insurance premiums for full 12 months or more and have been participating in the insurance by the month preceding the month of request for financial support for medical examination of occupational disease;
c/ Employers have paid occupational accident and disease insurance premiums for employees when they perform an occupation or a job at risk of occupational disease;
d/ Employers have organized medical examination to detect occupational diseases for employees under regulations.
2. The subjects defined in Clause 3, Article 2 of this Decree have paid occupational accident and disease insurance premiums when they perform an occupation or a job at risk of occupational disease within the coverage period of occupational diseases.
Article 16. Level of financial support for occupational disease treatment
1. The level of support equals 50% of the expenses of occupational disease treatment which is determined on the basis of the list of prices of occupational disease treatment issued by the Minister of Health at the time the employee receives treatment of an occupational disease, excluding amounts covered by health insurance, and must not exceed 10 times the basic salary per person.
2. The support may be provided twice at most per employee and only once per year.
Article 17. Dossier of request for financial support for occupational disease treatment
1. A written request for financial support for occupational disease treatment for an employee, made according to the form issued by the Minister of Labor, War Invalids and Social Affairs.
2. A certified copy of the record certifying that the employee suffers an occupational disease, made by a qualified occupational disease examination and treatment establishment.
3. A copy of the hospital discharge paper or the medical record after the completion of the occupational disease treatment.
4. Copies of payment documents of expenses of occupational disease treatment.
Article 18. Sequence of settlement of financial support for occupational disease treatment
1. The subjects fully meeting the conditions specified in Article 15 of this Decree shall submit a dossier as prescribed in Article 17 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department, enclosed with the originals of payment documents for comparison.
3. Within 5 working days after receiving a valid dossier as prescribed, the provincial-level Labor, War Invalids and Social Affairs Department shall decide on the support. In case of refusal, it shall issue a written reply clearly stating the reason.
4. Within 5 working days after receiving a decision on support, the social insurance agency shall provide a financial support for occupational disease treatment.
Section 3
CONDITIONS, LEVEL, DOSSIER AND SEQUENCE OF SUPPORT FOR WORKING FUNCTION REHABILITATION
Article 19. Conditions for financial support for working function rehabilitation for employees
Employees eligible for financial support for working function rehabilitation prescribed at Point b, Clause 2, Article 56 of the Law on Occupational Safety and Health are specified as follows:
1. Having their working function rehabilitation recommended by a medical examination and treatment establishment.
2. Suffering a working capacity decrease of at least 31% due to an occupational accident or disease.
Article 20. Level of financial support for working function rehabilitation
1. The level of support equals 50% of the expenses of working function rehabilitation, excluding amounts covered by health insurance, and must not exceed 2 times the basic salary per person per time of rehabilitation.
2. The support may be provided twice at most per employee and only once per year.
Article 21. Dossier of request for financial support for working function rehabilitation
1. A written request for financial support for working function rehabilitation for an employee, made according to the form issued by the Minister of Labor, War Invalids and Social Affairs.
2. A certified copy of the Medical Assessment Council’s record of the assessment of the level of working capacity decrease.
3. A certified copy of a referral letter for a case to be sent to a working function rehabilitation unit of a medical examination and treatment; or a certified copy of a medical record which states that the patient must be transferred to the function rehabilitation department of the hospital.
4. Copies of payment documents of expenses of working function rehabilitation, excluding the cost of rehabilitation equipment.
Article 22. Sequence of settlement of financial support for working function rehabilitation
1. Employees shall submit a dossier as prescribed in Article 21 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department, enclosed with the originals of payment documents for comparison.
2. Within 5 working days after receiving a valid dossier as prescribed, the provincial-level Labor, War Invalids and Social Affairs Department shall decide on the support. In case of refusal, it shall issue a written reply clearly stating the reason.
3. Within 5 working days after receiving a decision on support, the social insurance agency shall provide a financial support for occupational disease treatment.
Section 4
CONDITIONS, LEVEL, DOSSIER AND SEQUENCE OF SUPPORT FOR OCCUPATIONAL SAFETY AND HEALTH TRAINING
Article 23. Conditions for support for occupational safety and health training
An employer eligible for financial support for occupational safety and health training prescribed in Clause 4, Article 56 of the Law on Occupational Safety and Health if it fully meets the following conditions:
1. Complying with the laws on occupational accident and disease insurance and occupational safety and health training.
2. Employees provided with occupational safety and health training having paid occupational accident and disease insurance premiums for full 12 months or more preceding the month of request for financial support for occupational safety and health training.
Article 24. Level of financial support for occupational safety and health training
1. The level of financial support for occupational safety and health training shall be calculated on the basis of the number of trainees, which must not exceed:
a/ The basic salary per person, for trainees in charge of occupational safety and health;
b/ Half of the basic salary per person, for trainees doing jobs subject to strict occupational safety and health requirements;
c/ A quarter of the basic salary per person, for trainees being managers of occupational safety and health work, health officers, and occupational safety and health officers.
2. The maximum support equals 30% of the price of the occupational safety and health training service under regulations.
Article 25. Dossier of request for support
1. A written request for financial support for occupational safety and health training for employees, made according to the form issued by the Minister of Labor, War Invalids and Social Affairs.
2. Documents proving the strict observance of the laws on occupational accident and disease insurance and occupational safety and health training.
3. Copies of payment documents of expenses of occupational safety and health training.
Article 26. Sequence of settlement of financial support for occupational safety and health training
1. Employers shall submit a dossier as prescribed in Article 25 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department, enclosed with the originals of payment documents for comparison.
2. Within 5 working days after receiving a valid dossier, the provincial-level Labor, War Invalids and Social Affairs Department shall decide on the support for occupational safety and health training. In case of refusal, it shall issue a written reply clearly stating the reason.
3. Within 5 working days after receiving a decision on support, the social insurance agency shall provide a financial support for occupational safety and health training.
Section 5
CONDITIONS, LEVEL, DOSSIER AND SEQUENCE OF SUPPORT FOR RE-INVESTIGATION OF OCCUPATIONAL ACCIDENTS OR DISEASES AT THE REQUEST OF SOCIAL INSURANCE AGENCIES
Article 27. Conditions for support
The conditions for financial support for re-investigation of occupational accidents or diseases at the request of social insurance agencies prescribed at Point c, Clause 2, Article 56 of the Law on Occupational Safety and Health are specified as follows:
1. The re-investigation of an occupational accident or disease is conducted by a competent agency at the request of a social insurance agency.
2. The occupational accident or disease under re-investigation does not involve a complaint or denunciation within the settling competence of a state management agency.
Article 28. Contents and level of support
The Occupational Accident and Disease Insurance Fund shall pay 100% of expenses for re-investigation of occupational accidents and diseases, including expenses for travel, hiring of experts, and expert assessment under current regulations.
Article 29. Dossier for support
1. A decision on formation of an occupational accident or disease investigation team.
2. The occupational accident or disease re-investigation record.
3. Certified copies of payment documents of expenses of the re-investigation in accordance with law.
Article 30. Support sequence
1. A social insurance agency shall send a written request for re-investigation of an occupational accident or disease to a competent state agency.
2. Based on the social insurance agency’s written request, a competent state agency in charge of labor, war invalids and social affairs shall consider and decide on the formation of an occupational accident investigation team; or a competent state agency in charge of health shall consider and decide on the formation of an occupational disease investigation team.
3. The state agency competent to form an investigation team shall make a plan and estimate of financial support and send them to the social insurance agency in order to get a maximum advance equal to 80% of investigation costs.
4. After the completion of the re-investigation, the state agency competent to form an investigation team specified in Clause 2 of this Article shall send documents for finalization of re-investigation costs under Article 29 of this Decree to the social insurance agency.
5. Within 7 working days after receiving a valid dossier, the social insurance agency shall finalize the financial support for the re-investigation of an occupational accident or disease.
Chapter V
RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS AND AGENCIES AND ORGANIZATIONS
Article 31. Rights and responsibilities of social insurance agencies
1. Rights of a social insurance agency:
a/ To inspect the payment of premiums and enjoyment of support regimes by employees and employers;
b/ To reject unlawful claims for support;
c/ To propose to competent state agencies the formulation, revision and supplementation of regimes, policies and regulations on support for prevention of occupational accidents and diseases; to manage and use the Occupational Accident and Disease Insurance Fund; to handle, or propose competent state agencies to handle, violations of the law on occupational accident and disease insurance in accordance with law;
d/ To request re-investigation of occupational accidents or diseases;
dd/ To have other rights as prescribed by law.
2. Responsibilities of a social insurance agency
a/ To disseminate information on regimes, policies and law on occupational accident and disease insurance; to guide procedures for provision of financial support for medical examination and treatment, occupation change training for employees, occupational safety and health training and working function rehabilitation;
b/ To provide financial support for medical examination and treatment, occupation change training for employees, occupational safety and health training and working function rehabilitation; to re-investigate occupational accidents and diseases;
c/ To apply information technology to occupational accident and disease insurance management; to archive dossiers of support for medical examination and treatment, occupation change training for employees, occupational safety and health training and working function rehabilitation, and of re-investigation of occupational accidents and diseases in accordance with law;
d/ To manage and use the Occupational Accident Insurance Fund in accordance with law;
dd/ To perform statistical and financial accounting work on occupational accident and disease insurance;
e/ To report on the implementation of compulsory occupational accident and disease insurance to the Management Board of Vietnam Social Security every 6 months and to the Ministry of Labor, War Invalids and Social Affairs every year; to report on the management and use of the Compulsory Occupational Accident and Disease Insurance Fund to the Ministry of Finance;
Annually, local social insurance agencies shall report on the implementation of compulsory occupational accident and disease insurance in localities under their management to same-level People’s Committees, and at the same time send such reports to provincial-level Labor, War Invalids and Social Affairs Departments;
g/ To fully and promptly provide information on the implementation of compulsory occupational accident and disease insurance at the request of competent state agencies, employees or their representative organizations;
h/ To settle complaints and denunciations about the implementation of compulsory occupational accident and disease insurance;
i/ To perform other responsibilities as prescribed by law.
Article 32. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments
1. To assume the prime responsibility for, and coordinate with related agencies in, receiving dossiers and deciding on levels of support and funding for support for occupation change training, occupational disease examination and treatment, working function rehabilitation and occupational safety and health training.
2. To assume the prime responsibility for, and coordinate with related agencies in, providing public information on occupational accident and disease insurance policies and regulations.
3. To assume the prime responsibility for, and coordinate with functional agencies in, re-investigating occupational accidents, and coordinate with the health sector in investigating occupational diseases at the request of social insurance agencies.
4. To make plans on support for occupational safety and health training; to implement occupational safety and health training plans.
5. To inspect and examine the implementation of the occupational accident and disease insurance law.
6. To settle complaints and denunciations about occupational accident and disease insurance in accordance with law.
7. To propose to competent state agencies the formulation, revision and supplementation of regimes, policies and regulations on occupational accident and diseases insurance and handle violations of the law on occupational accident and occupational disease insurance.
8. To send annual and extraordinary reports to the Ministry of Labor, War Invalids and Social Affairs and provincial-level People’s Committees in accordance with law.
9. To perform other responsibilities as prescribed by law.
Article 33. Responsibilities of provincial-level Health Departments
1. To coordinate with related agencies in providing public information on occupational accident and disease insurance policies and regulations.
2. To direct occupational disease examination and treatment; working function rehabilitation and investigation of occupational diseases.
3. To assume the prime responsibility for investigating occupational diseases, and coordinate with functional agencies in re-investigating occupational accidents at the request of social insurance agencies.
4. To settle complaints and denunciations about occupational disease examination and treatment and working function rehabilitation in accordance with law.
5. To provide documents and information on occupational disease examination and treatment and working function rehabilitation at the request of competent state agencies.
6. To perform other responsibilities as prescribed by law.
Article 34. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs
1. Based on the balancing capacity of the Occupational Accident and Disease Insurance Fund and the frequency of occurrence of occupational accidents and diseases at enterprises, production and business establishments and units participating in compulsory occupational accident and disease insurance, to submit to the Government for decision annual insurance premium rates before January 15 every year, from 2018.
2. To assume the prime responsibility for, and coordinate with Vietnam Social Security in, making and taking responsibility before the Government for support plans of the Occupational Accident and Disease Insurance Fund on the basis of proposals of provincial-level Labor, War Invalids and Social Affairs Departments and reports of social insurance agencies.
3. To assume the prime responsibility for, and coordinate with related agencies in, providing public information on occupational accident and disease insurance policies and regulations.
4. To inspect and examine the implementation of the law on occupational accident and disease insurance.
5. To settle complaints and denunciations about occupational accident and disease insurance in accordance with law.
6. To send annual or extraordinary reports on the implementation of occupational accident and disease insurance policies to the Government.
Article 35. Responsibilities of the Ministry of Health
1. To coordinate with related agencies in providing public information on occupational accident and disease insurance policies and regulations.
2. To direct and guide occupational disease examination and treatment; working function rehabilitation and investigation of occupational diseases at the request of social insurance agencies.
3. To direct, guide, inspect and examine the quality assurance of occupational disease examination and treatment and working function rehabilitation.
4. To settle complaints and denunciations about occupational disease examination and treatment and working function rehabilitation in accordance with law.
Article 36. Sequence of approval of eligible trainees and plans for financial support for occupational safety and health training
1. Annually, an employer that wishes to get support for occupational safety and health training shall submit a written request for support for subjects who need financial support for training to the provincial-level Labor, War Invalids and Social Affairs Department of the locality where its head office is located, for consideration.
2. The provincial-level Labor, War Invalids and Social Affairs Department shall sum up requests for support for occupational safety and health training from enterprises in its locality and send them to the Ministry of Labor, War Invalids and Social Affairs for summarization and approval.
3. Based on the approval by the Ministry of Labor, War Invalids and Social Affairs, the provincial-level Labor, War Invalids and Social Affairs Department shall make an implementation plan and inform them to enterprises having trainees eligible for support and to the provincial-level social insurance agency.
Chapter VI
ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS
Article 37. Effect
1. This Decree takes effect on July 1, 2016.
2. For persons on occupational accident or disease allowance and victims of occupational accidents or diseases who complete medical treatment and are discharged from hospital before July 1, 2016, the 2014 Law on Social Insurance and legal documents detailing and guiding the implementation of occupational accident and disease regimes promulgated before January 1, 2016, shall still be applied.
3. A period of social insurance premium payment up to June 30, 2016, shall be counted as a period of occupational accident and disease insurance premium payment as prescribed in this Decree, except for persons who only participate in the pension and survivorship allowance fund under the social insurance law.
4. For persons working under labor contracts with a term of between full of 1 month and under 3 months, this Decree shall apply from January 1, 2018.
Article 38. Organization of implementation
1. The Minister of Labor, War Invalids and Social Affairs shall guide and organize the implementation of this Decree.
2. Annually, Vietnam Social Security shall report on the use of the Occupational Accident and Disease Insurance Fund to the Ministry of Labor, War Invalids and Social Affairs.
3. The Minister of National Defense and the Minister of Public Security shall, within the ambit of their functions and tasks, guide and organize the implementation of this Decree after consulting the Minister of Labor, War Invalids and Social Affairs.
4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and other related organizations and individuals shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
Vietnamese
Decree 37/2016/NĐ-CP DOC (Word)
Decree 37/2016/NĐ-CP PDF (Original)
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