Decree No. 88/2020/ND-CP guiding the Law on Occupational Safety and Health

DECREE

Detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance^[1]

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, Invalids and Social Affairs;

The Government promulgates the Decree detailing and guiding 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 the implementation of, a number of articles of the Law on Occupational Safety and Health regarding occupational accident and disease insurance for employees each signing labor contracts with more than one employer; and employees found suffering occupational diseases after they have retired or no longer perform occupations or jobs at risk of occupational diseases; support activities from the Occupational Accident and Disease Insurance Fund; management of the Occupational Accident and Disease Insurance Fund; 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 employees specified at Points a, b, c, d, dd, e and h, Clause 1, Article 2 of the 2014 Law on Social Insurance and covered by compulsory occupational accident and disease insurance (below collectively referred to as employees), including:

a/ Cadres, civil servants and public employees defined in the law 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 Forces; and persons engaged in cipher work and enjoying salaries like army men;

c/ Non-commissioned officers and soldiers of the People’s Army; non-commissioned officers and soldiers on definite-term service in the People’s Public Security Forces; army, public security and cipher cadets who are entitled to cost-of-living allowances;

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 at least 3 full months, or labor contracts with a term of between full 1 month and under 3 months, excluding domestic workers;

e/ Salaried managers of enterprises or executive officers of cooperatives.

2. Employers defined in Clause 3, Article 2 of the Law on Social Insurance.

3. Agencies, organizations and individuals involved in compulsory occupational accident and disease insurance.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Occupational disease examination and treatment establishment means a health establishment that fully meets conditions for occupational disease examination and treatment activities in accordance with the law on medical examination and treatment.

2. Working function rehabilitation means a process of rehabilitating functions for employees referred to in this Decree.

3. Working function rehabilitation establishment means a health establishment that fully meets conditions for functional rehabilitation activities in accordance with the law on medical examination and treatment.

4. Valid copy means a duplicate from the master register or a certified true copy of the original or a copy already compared with the original.

Chapter II

OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE REGIMES

Article 4. Occupational accident and disease insurance regimes for employees each signing contracts with more than one employer

1. An employee who signs labor contracts with more than one employer under Clause 2, Article 43 of the Law on Occupational Safety and Health and suffers an occupational accident or disease will be entitled to the following regimes covered by the Occupational Accident and Disease Insurance Fund:

a/ The regimes specified in Section 3, Chapter III of the Law on Occupational Safety and Health, for employees covered by compulsory social insurance, including: expenses for injury and disease assessment; monthly or lump-sum allowance; service allowance; provision of assistive and orthopedic devices; convalescence and heath rehabilitation; survivorship allowance for employees who die of occupational accidents; payment of health insurance premiums for employees who resign from work and enjoy monthly occupational accident and disease allowances;

b/ Support for occupation change; occupational disease examination and treatment; working function rehabilitation and occupational safety and health training as referred to in Chapter III of this Decree.

2. Salaries used for calculation of monthly or lump-sum occupational accident and disease allowances specified at Point a, Clause 1 of this Article shall be determined under Point d, Clause 7, Article 11 of this Decree.

3. Dossiers, conditions and procedures for enjoyment of occupational accident and disease insurance regimes of employees each signing labor contracts with more than one employer are as follows:

a/ Dossiers, conditions and procedures for implementation of the regimes specified at Point a, Clause 1 of this Article must comply with Articles 45 thru 54 and Articles 57 thru 61 of the Law on Occupational Safety and Health;

b/ Conditions, dossiers and procedures for provision of the support specified at Point b, Clause 1 of this Article must comply with Chapter III of this Decree.

4. The Ministry of Labor, Invalids and Social Affairs shall provide detailed guidance on the method of calculating occupational accident and disease allowance upon first-time assessment, reassessment or general assessment of occupational accidents or diseases for employees each signing labor contracts with more than one employer.

Article 5. Regimes for employees found suffering occupational diseases after they have retired or no longer perform occupations or jobs at risk of occupational diseases

1. An employee who has retired or resigned from work or moved to work for another employer and is suspected of showing or shows a symptom or sign of suffering an occupational disease caused by his/her previous occupations or jobs at risk of occupational diseases may proactively take medical examination for disease detection and have his/her level of working capacity decrease due to an occupational disease assessed as follows:

a/ If having retired or resigned from work, he/she shall send a copy of his/her personal health record to an occupational disease examination establishment when taking medical examination for occupational disease detection (together with the original record for comparison). After the occupational disease examination shows that the employee gets an occupational disease, the occupational disease examination establishment shall complete the occupational disease dossier for him/her under regulations of the Ministry of Health;

b/ If having moved to do another job, he/she shall send his/her personal health record to an occupational disease examination establishment when taking medical examination for occupational disease detection. After the occupational disease examination shows that the employee gets an occupational disease, the employee or his/her current employer shall make his/her occupational disease dossier based on employees’ health management records;

c/ After his/her occupational disease dossier is made, the employee may proactively take medical examination for disease detection or request the previous or current employer to recommend him/her to take medical examination for having his/her working capacity decrease level assessed.

2. In case the dossier of an employee contains no working environment monitoring data at the time he/she performs an occupation or a job at risk of occupational diseases or the working environment monitoring dossier or his/her health dossier is missing, before implementing Clause 1 of this Article, the employee or his/her current employer shall send a written request for verification of the occupational disease to a competent health agency as guided by the Minister of Health.

Based on conclusions of the competent health agency on verification of the occupational disease, an occupational disease examination establishment shall carry out occupational disease diagnosis and clearly state grounds for diagnosis in a sheet of occupational disease examination results.

3. An employee suffering an occupational disease as specified in Clause 1 of this Article and his/her relative will be entitled to the following regimes covered by the Occupational Accident and Disease Social Insurance Fund:

a/ The regimes specified in Section 3, Chapter III of the Law on Occupational Safety and Health, for employees covered by compulsory social insurance, including: expenses for injury and disease assessment; monthly or lump-sum allowance; service allowance; provision of assistive and orthopedic devices; convalescence and heath rehabilitation; survivorship allowance for employees who die of occupational accidents; and payment of health insurance premiums for employees who resign from work and enjoy monthly occupational accident insurance allowance;

b/ Support equal to 100% of expenses for occupational disease examination calculated according to the bracket of occupational disease examination prices issued by the Minister of Health at the time the employee takes occupational disease examination, excluding the amount covered by health insurance. Each employee may receive this support only once a year and no more than twice;

c/ Support equal to 100% of expenses for occupational disease treatment calculated according to the bracket of occupational disease treatment prices issued by the Minister of Health at the time the employee takes occupational disease treatment, excluding the amount covered by health insurance. Each employee may receive this support only once a year and no more than twice.

4. An employee may enjoy the regimes specified in Clause 3 of this Article when fully meeting the following conditions:

a/ He/she is found suffering an occupational disease during the coverage period under regulations of the Minister of Health;

b/ He/she is covered by compulsory health insurance during his/her performance of an occupation or a job that causes the occupational disease specified at Point a of this Clause;

c/ He/she suffers a working capacity decrease of at least 5% due to the occupational disease, for employees considered for enjoyment of the regimes specified at Point a, Clause 3 of this Article.

5. A dossier for enjoyment of regimes for an occupational disease, for an employee specified at Point a, Clause 3 of this Article must comprise:

a/ The employee’s written request for enjoyment of occupational disease regimes, made according to Form No. 01 provided in the Appendix to this Decree, for employees who have retired or resigned from work; or a written request of the employee’s current employer for settlement of occupational disease regimes, made according to the form issued by the Vietnam Social Security, for employees having moved to work for other employers;

b/ A minutes of assessment of working capacity decrease level, made by the Medical Assessment Council.

6. A dossier for support for payment of occupational disease examination and treatment expenses, for an employee specified at Point b or c, Clause 3 of this Article must comprise:

a/ The employee’s written request for support for payment of occupational disease examination and treatment expenses, made according to Form No. 02 provided in the Appendix to this Decree, for employees having retired or resigned from work; or a written request of the employee’s current employer as specified in Clause 1, Article 18 and Clause 2, Article 22 of this Decree, for employees having moved to work for other employers;

b/ The documents specified in Clause 2, Article 18 and Clause 2, Article 22 of this Decree;

c/ A copy of a hospital discharge paper or an excerpt of the medical record after the occupational disease treatment;

d/ Original documents of payment of occupational disease examination and treatment expenses under regulations.

7. Procedures for settlement of occupational disease regimes

a/ In case of having a complete dossier as specified in Clause 5 of this Article, an employee or his/her current employer shall submit 1 dossier set to a social insurance agency for settlement of regimes for him/her within the time limit specified in Article 59 of the Law on Occupational Safety and Health;

 b/ In case of having a complete dossier as specified in Clause 6 of this Article, an employee or his/her current employer shall submit 1 dossier set to the provincial-level Department of Labor, Invalids and Social Affairs for provision of support according to the procedures specified in Clauses 2 and 3, Article 19 and Clauses 2 and 3, Article 23 of this Decree.

8. The time of enjoyment of occupational disease allowance shall be counted from the month when conclusions of the Medical Assessment Council are obtained.

9. The Minister of Health shall guide the professional process of verifying an occupational disease in case the working environment monitoring dossier is unavailable or missing or the health dossier or medical record is missing.

Article 6. A dossier for payment of survivorship allowance under Article 53 of the Law on Occupational Safety and Health, for an employee encountering a traffic accident while performing a job or task or while travelling from his/her place of residence to his/her workplace or vice versa

1. A social insurance book.

2. A copy of the death certificate or death notice or a court’s legally effective decision declaring the employee as dead.

3. A written declaration of the employee’s relative and a minutes of the meeting of the employee’s relatives, for those eligible for monthly survivorship allowance but choosing to enjoy lump-sum survivorship allowance.

4. A minutes of occupational accident investigation.

Article 7. A dossier for enjoyment of occupational accident and disease allowance, for an employee suffering an occupational accident or disease and having his/her recurring injury or disease reassessed

1. A social insurance book, for an employee suffering an occupational accident or disease already assessed whose working capacity decrease level is not enough for him/her to enjoy occupational accident and disease allowance; and a valid copy of a dossier for enjoyment of occupational accident and disease allowance, for an employee who has enjoyed such allowance.

2. A minutes of occupational accident investigation. For an employee encountering a traffic accident and determined as being eligible for enjoying occupational accident regimes, one of the following documents is additionally required: a minutes of accident scene investigation, accident scene plan or minutes of traffic accident made by a public security agency or military criminal investigation agency, for an employee who has received full disease treatment and is discharged from hospital before July 1, 2016, but, as shown by the previous assessment, fails to meet the condition on working capacity decrease level for enjoyment of occupational disease allowance.

3. Results of working environment measurement and monitoring, for an employee who has received full treatment and is discharged from hospital before July 1, 2016, but, as shown by the previous assessment, fails to meet the condition on working capacity decrease level for enjoyment of occupational disease allowance.

4. A minutes of the latest assessment of working capacity decrease level, made by the Medical Assessment Council, for an employee whose working capacity decrease level has been assessed but is not enough for him/her to enjoy occupational accident and disease allowance.

5. A minutes of reassessment of working capacity decrease level after the treatment of recurring injury or disease, made by the Medical Assessment Council.

6. Instructions of a disease examination and treatment establishment or an orthopedic and functional rehabilitation establishment under regulations for supply of assistive and orthopedic devices (if any).

Article 8. A dossier for an employee suffering an occupational accident or disease after general assessment due to a new occupational accident or disease

1. A social insurance book; a valid copy of a dossier for enjoyment of occupational accident and disease allowance, for an employee already entitled to such allowance.

2. A hospital discharge paper or an excerpt of the medical record after the last in-patient occupational accident or disease treatment.

3. A minutes of occupational accident investigation. For an employee encountering a traffic accident and determined as eligible for occupational accident regimes, one of the following papers is additionally required: a minutes of accident scene investigation, accident scene plan or minutes of traffic accident made by a public security agency or military criminal investigation agency, for an employee who has received full disease treatment and is discharged from hospital before July 1, 2016, but has not had his/her working capacity decrease level assessed.

4. Results of working environment measurement and monitoring, for an employee who has received full treatment and is discharged from hospital before July 1, 2016, but has not had his/her working capacity decrease level assessed.

5. A minutes of general assessment of working capacity decrease level, made by the Medical Assessment Council. In case the employee’s working capacity decrease level due to an occupational accident or disease has been assessed but he/she is ineligible for enjoying allowance, a minutes of assessment of working capacity decrease level for such assessment is also required.

6. A written request for settlement of occupational accident and disease regimes, made according to a set form, for the last occupational accident or disease. In case the employee has not yet received allowance for his/her previous occupational accident or disease, the previous employer’s written request for settlement is also required.

7. Instructions of a disease examination and treatment establishment or an orthopedic and functional rehabilitation establishment under regulations for supply of assistive and orthopedic devices (if any).

Article 9. Days for convalescence and health recovery after injury or disease treatment

1. The number of days for convalescence and health recovery after injury or disease treatment as specified in Article 54 of the Law on Occupational Safety and Health includes also public holidays, new-year festivals and weekends as provided by the labor law.

2. Employees who do not resign from work may not enjoy regimes for convalescence and health recovery after injury or disease treatment.

Article 10. Participation in the Occupational Accident and Disease Insurance Fund

1. For employees who are sent to study, practice or work at home or abroad and still enjoy salaries or who are laid off or waiting for job assignment and still enjoy salaries, employers shall still pay insurance premiums to the Occupational Accident and Disease Insurance Fund during the employees’ periods of study, practice, work, layoff or waiting for job assignment.

2. For an employee who gets an occupational accident right in the first month of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund or in the first month of returning to work and paying insurance premiums to the Occupational Accident and Disease Insurance Fund after a period of interrupted insurance premium payment due to labor contract termination, his/her employer shall pay insurance premiums for him/her to the Occupational Accident and Disease Insurance Fund for that month.

3. For a period during which an employee suffering an occupational accident or disease has to resign from work for treatment and working function rehabilitation, his/her employer in the workplace where such occupational accident or disease occurred shall fully pay the salary under his/her labor contract as specified in Clause 3, Article 38 of the Law on Occupational Safety and Health.

4. Employers shall fully pay occupational accident and disease insurance premiums, including interests thereon under regulations for their employees who are eligible for enjoying occupational accident and disease regimes, or terminate labor contracts or working contracts in order to promptly settle benefits for such employees.

Article 11. Period and monthly salary to be used as bases for calculation and enjoyment of occupational accident and disease regimes

1. The period to be used as a basis for calculation of occupational accident and disease regimes is the total period of employees’ payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, excluding periods of overlapping payment of premiums under labor contracts. Discontinuous periods of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund may be aggregated. Periods of time during which an employee held positions prior to January 1, 1998, under Decree No. 09/1998/ND-CP of January 23, 1998, and is eligible for social insurance benefits, may be taken into account for him/her to enjoy occupational accident and disease regimes.

2. For a period during which an employee is on a sick leave in accordance with the Law on Social Insurance, is laid off or resigns from work without enjoying salary which is at least 14 working days in a month, his/her employer is not required to pay occupational accident and disease insurance premiums for such month and such month is not included in the period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, except the case specified in Clause 2, Article 10 of this Decree.

3. For a period during which an employee is on a maternity leave in accordance with the Law on Social Insurance which is at least 14 working days in a month, his/her employer is not required to pay insurance premiums to the Occupational Accident and Disease Insurance Fund for such month but such month is included in the period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund, specifically as follows:

a/ In case the employee’s labor contract expires during her maternity leave, the period from the date she takes the leave to the date of labor contract expiration shall be counted as a period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund. The period during which she is on a maternity leave after her labor contract expires may not be counted as a period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund;

b/ A period during which an employee is on a maternity leave who terminates her labor contract or working contract or resigns from work before giving birth or adopting a child of under 6 months old as specified in Clause 4, Article 31 of the Law on Social Insurance may not be counted as a period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund;

c/ For a female employee who returns to work before the specified period for her maternity leave expires, the period from the date she takes the leave to the date she returns to work may be counted as a period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund; and from the date of return to work before the expiration of the specified period for maternity leave, she may be entitled to maternity regime until the expiration of the time limit specified in Clause 1 or 3, Article 34 of the Law on Social Insurance, provided that her employer pays insurance premiums for her to the Occupational Accident and Disease Insurance Fund;

d/ In case a father or direct fosterer, or a surrogate mother or father is entitled to maternity regime without taking a leave, his/her employer shall still pay insurance premiums for him/her to the Occupational Accident and Disease Insurance Fund.

4. If insurance premiums for an employee who is detained or suspended from work and therefore has to suspend his/her participation in the Occupational Accident and Disease Insurance Fund are paid retrospectively in accordance with the law on social insurance, the period of retrospective payment of insurance premiums shall be counted as a period of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund.

5. A period of insurance premium payment that has been counted for enjoyment of lump-sum insurance benefits may not be counted as a period for calculation and enjoyment of occupational accident and disease insurance benefits.

6. The total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund shall be determined as follows:

a/ For an employee suffering an occupational accident, it is equal to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund by the month preceding the month he/she gets the occupational accident;

b/ For an employee suffering an occupational disease, it is equal to the total number of years of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund by the month preceding the month he/she performs the job that causes the occupational disease;

c/ For an employee who concurrently signs labor contracts with more than one employer, his/her concurrent periods of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund under such labor contracts may be counted as a single period of insurance premium payment;

d/ Every 12 full months of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund may be counted as one year of insurance premium payment.

7. Salary to be used for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund and to serve as a basis for calculation and enjoyment of occupational accident and disease regimes is:

a/ Salary of the month preceding the month an employee gets an occupational accident or disease; in case the employee gets an occupational accident right in the first month of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund or gets an occupational accident or disease right in the first month of return to work and resumes paying insurance premiums after an interrupted period due to termination of his/her labor contract, salary for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund for such month;

b/ Salary for the last month of payment of insurance premiums to the Occupational Accident and Disease Insurance Fund for the previous job that causes an occupational disease, for an employee who is found suffering an occupational disease after he/she has retired or no longer performs an occupation or a job at the risk of occupational diseases;

c/ For an employee who started participating in social insurance before January 1, 2016, and is entitled to the State’s salary regime, his/her salary level to be used as a basis for allowance calculation shall be determined on the basis of his/her salary and allowance coefficients (if any) multiplied by the basic salary level at the time of allowance enjoyment;

d/ For an employee who concurrently signs labor contracts with more than one employer, his/her salary to be used for allowance calculation and enjoyment is equal to the total of salary levels that serve as a basis for payment of insurance premiums to the Occupational Accident and Disease Insurance Fund under all labor contracts in the month preceding the month he/she gets an occupational accident or disease for the last time but must not exceed 20 months’ basic salary.

Chapter III

SUPPORT FOR OCCUPATION CHANGE AND ACTIVITIES OF PREVENTING AND SHARING RISKS OF OCCUPATIONAL ACCIDENT OR DISEASE

Section 1

SUPPORT FOR OCCUPATION CHANGE FOR EMPLOYEES SUFFERING OCCUPATIONAL ACCIDENTS OR DISEASES

Article 12. Conditions for provision of support for employees suffering occupational accidents or diseases to change their occupations when returning to work

An employer may pay expenses for vocational training for occupation change for an employee under Article 55 of the Law on Occupational Safety and Health if the latter fully meets the following conditions:

1. Suffering a working capacity decrease of at least 31% due to an occupational accident or disease.

2. Having been assigned by the employer to a new job under the employer’s management suitable to the employee’s health conditions and aspirations and such job requires vocational training for occupation change;

3. Being covered by occupational accident and disease insurance in accordance with law at the time he/she gets an occupational accident or disease.

Article 13. Level of support and competence to decide on support for occupation change

1. The training expenses specified in Clause 2, Article 55 of the Law on Occupational Safety and Health shall be calculated on the basis of vocational training service charges in accordance with regulations of competent state agencies.

2. Provincial-level Departments of Labor, Invalids and Social Affairs shall decide on support for each subject as follows:

a/ The maximum support level is equal to 50% of training expenses but must not exceed 15 times the basic salary;

b/ Each employee may receive the support only once a year and no more than twice.

Article 14. Dossier of request for support for occupation change

1. A written request for payment of training expenses for occupation change for an employee suffering an occupational accident or disease, made by the employer according to Form No. 03 provided in the Appendix to this Decree.

2. A certified copy of a minutes of assessment of working capacity decrease level by the Medical Assessment Council.

3. Certified copies of training expense payment documents under regulations.

Article 15. Procedures for provision of support for occupation change

1. An employer shall submit 1 dossier set specified in Article 14 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs.

2. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Labor, Invalids and Social Affairs shall examine it and issue a decision on support provision according to Form No. 04 provided in the Appendix to this Decree and send it (enclosed with a list of support beneficiaries) to the social insurance agency. In case of refusal to provide support, it shall issue a written reply to the employer, clearly stating the reason.

3. Within 5 working days after receiving a decision on support provision from the provincial-level Department of Labor, Invalids and Social Affairs, the social insurance agency shall pay training expenses for occupation change to the employer. In case of refusal to make payment, it shall issue a written reply to the provincial-level Department of Labor, Invalids and Social Affairs, clearly stating the reason.

Section 2

SUPPORT FOR OCCUPATIONAL DISEASE EXAMINATION AND TREATMENT

Article 16. Conditions for provision of support for occupational disease examination for employees

An employer may provide financial support for occupational disease examination under Point a, Clause 2, Article 56 of the Law on Occupational Safety and Health for an employee who fully meets the following conditions:

1. Having paid occupational accident and disease insurance premiums for at least full 12 months and being still covered by occupational accident and disease insurance by the month preceding the month of request for the support;

2. Having been found suffering an occupational disease at an occupational disease examination and treatment establishment.

Article 17. Level of financial support for occupational disease examination

1. The support level is equal to 50% of occupational disease examination expenses calculated according to the bracket of occupational disease examination prices issued by the Minister of Health at the time the employee takes an occupational disease examination, excluding the amount covered by health insurance, but must not exceed VND 800,000 per employee per examination.

2. Each employee may receive the support only once a year and no more than twice.

Article 18. Dossier of request for financial support for occupational disease examination

1. A written request for financial support for occupational disease examination, made according to Form No. 05 provided in the Appendix to this Decree.

2. A certified copy of the occupational disease record kept by the occupational disease examination and treatment establishment.

3. Copies of occupational disease examination expense payment documents under regulations.

Article 19. Procedures for provision of financial support for occupational disease examination

1. For an employee fully meeting the conditions specified in Article 16 of this Decree, his/her employer shall submit 1 dossier set specified in Article 18 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs.

2. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Labor, Invalids and Social Affairs shall examine it and issue a decision on support provision according to Form No. 06 provided in the Appendix to this Decree and send it (enclosed with a list of support beneficiaries) to the social insurance agency. In case of refusal to provide support, it shall issue a written reply to the requesting employer or the employee, clearly stating the reason.

3. Within 5 working days after receiving a decision on support provision from the provincial-level Department of Labor, Invalids and Social Affairs, the social insurance agency shall provide a financial support for occupational disease examination for the employer or employee under the decision on support provision. In case of refusal to provide financial support, it shall issue a written reply to the provincial-level Department of Labor, Invalids and Social Affairs, clearly stating the reason.

Article 20. Conditions for provision of financial support for occupational disease treatment for employees

An employee is entitled to financial support for occupational disease treatment under Point a, Clause 2, Article 56 of the Law on Occupational Safety and Health if fully meeting the following conditions:

1. Having been diagnosed of an occupational disease at an occupational disease examination and treatment establishment;

2. Having paid occupational accident and disease insurance premiums for at least full 12 months and being still covered by occupational accident and disease insurance by the month preceding the month of request for the support;

3. Having paid occupational accident and disease insurance premiums while performing an occupation or a job that causes an occupational disease specified in Clause 1 of this Article.

Article 21. Level of financial support for occupational disease treatment

1. The support level is equal to 50% of occupational disease treatment expenses calculated according to the bracket of occupational disease treatment prices issued by the Minister of Health at the time the employee takes occupational disease treatment, excluding the amount covered by health insurance, but must not exceed VND 15 million per employee.

2. Each employee may receive the support only once a year and no more than twice.

Article 22. 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 Form No. 07 provided in the Appendix to this Decree.

2. A certified copy of the record stating that the employee suffers an occupational disease, made by an occupational disease examination and treatment establishment.

3. A copy of the hospital discharge paper or an excerpt of the medical record after the occupational disease treatment is completed.

4. Copies of occupational disease treatment expense payment documents.

Article 23. Procedures for provision of financial support for occupational disease treatment

1. If the conditions specified in Article 20 of this Decree are fully met, an employer shall submit 1 dossier set specified in Article 22 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs, enclosed with original payment documents for comparison with copies.

2. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department of Labor, Invalids and Social Affairs shall examine it, issue a decision on support provision according to Form No. 08 provided in the Appendix to this Decree and send it (enclosed with a list of support beneficiaries) to the social insurance agency. In case of refusal to provide support, it shall issue a written reply to the requesting employer or employee, clearly stating the reason.

3. Within 5 working days after receiving a decision on support provision from the provincial-level Department of Labor, Invalids and Social Affairs, the social insurance agency shall provide a financial support for occupational disease treatment for the employee. In case of refusal to provide support, it shall issue a written reply to the provincial-level Department of Labor, Invalids and Social Affairs, clearly stating the reason.

Section 3

SUPPORT FOR WORKING FUNCTION REHABILITATION

Article 24. Conditions for provision of financial support for working function rehabilitation

An employee is entitled to financial support for working function rehabilitation under Point b, Clause 2, Article 56 of the Law on Occupational Safety and Health if fully meeting the following conditions:

1. Having his/her 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;

3. Having been covered by occupational accident and disease insurance in accordance with law by the time of suffering an occupational accident or disease.

Article 25. Level of financial support for working function rehabilitation

1. The support level is equal to 50% of working function rehabilitation expenses calculated according to the bracket of working function rehabilitation prices issued by the Minister of Health at the time the employee has his/her working function rehabilitated, excluding the amount covered by health insurance, but must not exceed VND 3 million per employee per rehabilitation.

2. Each employee may receive the support only once a year and no more than twice.

Article 26. 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 Form No. 09 provided in the Appendix to this Decree.

2. A certified copy of the paper on transfer of the employee to a working function rehabilitation unit, made by a medical examination and treatment establishment, for an employee who needs hospital transfer. For a hospital having a functional rehabilitation department, a certified copy of the medical record with the content on transfer of the patient to the functional rehabilitation department is required.

3. Copies of documents on payment of functional rehabilitation expenses, excluding expenses for assistive devices for functional rehabilitation.

Article 27. Procedures for provision of financial support for working function rehabilitation for employees

1. An employer shall submit 1 dossier set specified in Article 26 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs, enclosed with original payment documents for comparison with copies.

2. Within 5 working days after receiving a complete and valid dossier, the provincial-level Department ò Labor, Invalids and Social Affairs shall examine it, issue a decision on support provision according to Form No. 10 provided in the Appendix to this Decree and send it (enclosed with a list of support beneficiaries) to the social insurance agency. In case of refusal to provide support, it shall issue a written reply to the employer, clearly stating the reason.

3. Within 5 working days after receiving a decision on support provision from the provincial-level Department of Labor, Invalids and Social Affairs, the social insurance agency shall provide a financial support for functional rehabilitation for the employee. In case of refusal to provide support, it shall issue a written reply to the provincial-level Department of Labor, Invalids and Social Affairs, clearly stating the reason.

Section 4

SUPPORT FOR RE-INVESTIGATION OF OCCUPATIONAL ACCIDENTS OR DISEASES UPON REQUEST OF SOCIAL INSURANCE AGENCIES

Article 28. Cases eligible for financial support for re-investigation of occupational accidents or diseases

Eligible for financial support for re-investigation as specified at Point c, Clause 2, Article 56 of the Law on Occupational Safety and Health are occupational accidents and occupational diseases subject to re-investigation organized by competent agencies upon request of social insurance agencies, except cases of complaints and denunciations to be settled by state management agencies.  

Article 29. Support level and time limit for re-investigation of occupational accidents or diseases

1. The Occupational Accident and Disease Insurance Fund shall pay 100% of expenses for re-investigation of an occupational accident or disease under current regulations, including:

a/ Working mission allowance for the investigation team’s members;

b/ Expenses for hiring of experts and solicitation of expert assessment;

c/ Expenses for printing of documents related to the occupational accident or disease.

2. The time limit for re-investigation of an occupational accident or disease is 60 days, unless otherwise agreed between the social insurance agency and agency competent to organize re-investigation.

Article 30. A dossier for provision of financial support for re-investigation of an occupational accident or disease

1. A written request of a social insurance agency for re-investigation of an occupational accident or disease; a written agreement on the investigation time limit (if any).

2. A decision on formation of an occupational accident or disease investigation team.

3. A minutes of occupational accident or disease re-investigation.

4. Original documents on payment and account-finalization of re-investigation expenses in accordance with law.

Article 31. Procedures for provision of financial support for re-investigation of an occupational accident or disease

1. A social insurance agency shall request in writing a competent state management agency to re-investigate an occupational accident or disease.

2. Based on the request of the social insurance agency, a competent state management agency of the labor, invalids and social affairs sector shall consider and decide to form a team for investigation of an occupational accident, while a competent state management agency of the health sector shall consider and decide to form a team for investigation of an occupational disease, with participation of representative(s) of the social insurance agency.

3. The competent state management agency that has formed an investigation team shall make a plan and estimate investigation expenses that need to be provided as support, then send them to the social insurance agency for advance payment of up to 80% of investigation expenses.

4. After the re-investigation is completed, the competent state management agency that has formed an investigation team mentioned in Clause 2 of this Article shall send 1 dossier set specified in Article 30 of this Decree to the social insurance agency.

5. The social insurance agency shall make account-finalization of expenses for re-investigation of the occupational accident or disease within 7 working days after receiving a complete and valid dossier. 

Section 5

SUPPORT FOR OCCUPATIONAL SAFETY AND HEALTH TRAINING

Article 32. Conditions for provision of financial support for occupational safety and health training 

An employer may receive financial support for occupational safety and health training under Clause 4, Article 56 of the Law on Occupational Safety and Health if fully meeting the following conditions:

1. Having paid occupational accident and disease insurance premiums for employees who are eligible for support for occupational safety and health training for at least full 12 consecutive months by the month of request for the support.

2. Hiring a qualified training organization or organizing on its own occupational safety and health training for employees that need support for first-time or regular training in accordance with current regulations.

3. Regularly reporting on occupational safety and health work and situation of occupational accidents of the year preceding the year of request to the provincial-level Department of Labor, Invalids and Social Affairs in accordance with law.

Article 33. Principles of provision of financial support for occupational safety and health training

1. Eligible for the training support under Point d, Clause 2, Article 56 of the Law on Occupational Safety and Health are managers in charge of occupational safety and health work; persons engaged in occupational safety and health work; persons engaged in healthcare work; occupational safety and health workers, and persons performing jobs subject to strict occupational safety and health requirements.

2. For an employee who works for more than one employer, each employer that has paid occupational accident and disease insurance premiums may receive financial support for training for the employee.

3. Financial support for training may only be provided for training activities that have been completed by the time of request for training support and within 1 year prior to the year of request for training support and on the condition that the employer has continuously paid occupational accident and disease insurance premiums for employees since the date of training organization till the date of request for training support.

Article 34. Level of financial support for occupational safety and health training

An employer may receive the financial support only once within 24 months for each person eligible for training support, which is equal to 70% of actual training expenses but must not exceed the following level:

1. For first-time training support:

a/ VND 150,000/person, for trainees being occupational safety and health workers;

b/ VND 300,000/person, for trainees being managers in charge of occupational safety and health work and persons engaged in healthcare work;

c/ VND 600,000/person, for trainees being employees performing jobs subject to strict occupational safety and health requirements;

d/ VND 700,000/person, for trainees being persons engaged in occupational safety and health work.

2. The level of regular training support must not exceed 50% of the first-time training support level specified in Clause 1 of this Article.

Article 35. A dossier of request for financial support for occupational safety and health training

1. A written request for financial support for occupational safety and health training, made according to Form No. 11 provided in the Appendix to this Decree.

2. Copies of dossiers and documents evidencing the organization of training in accordance with law and actual expenses related to occupational safety and health training for persons eligible for support.

Article 36. Procedures for provision of financial support for occupational safety and health training

1. An employer shall submit 1 dossier set specified in Article 35 of this Decree to the provincial-level Department of Labor, Invalids and Social Affairs, made according to Form No. 11 provided in the Appendix to this Decree (enclosed with a list of support beneficiaries), and produce original payment documents for comparison with their copies.

2. Within 15 working days after receiving a complete and valid dossier, the provincial-level Department of Labor, Invalids and Social Affairs shall examine it and issue a decision on support provision according to Form No. 12 provided in the Appendix to this Decree, then send it (enclosed with a list of support beneficiaries) to a social insurance agency. In case of refusal to provide support, it shall issue a written reply to the employer, clearly stating the reason.

3. Within 5 working days after receiving a decision on support provision from the provincial-level Department of Labor, Invalids and Social Affairs, the social insurance agency shall provide financial support for occupational safety and health training for the employer. In case of refusal to provide support, it shall issue a written reply to the provincial-level Department of Labor, Invalids and Social Affairs, clearly stating the reason.

 4. The Minister of Finance shall guide the account-finalization of financial support for occupational safety and health training and guide production and business establishments in accounting financial support from the Occupational Accident and Disease Insurance Fund in accordance with law.

Chapter V

PLANS ON PROVISION OF FINANCIAL SUPPORT FOR OCCUPATIONAL ACCIDENT AND DISEASE PREVENTION AND RISK SHARING AND PAYMENT OF EXPENSES FOR MANAGEMENT OF OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE

Article 37. Principles of assignment of plans on, and use of, financial support for occupational accident and disease prevention and risk sharing 

1. A plan on provision of financial support for occupational accident and disease prevention and risk sharing shall be assigned on the following principles:

a/ The locality shall take the initiative in making or proposing the plan;

b/ Priority shall be given to providing financial support for occupational disease examination and treatment, working function rehabilitation and prevention activities, for sectors and fields at the risk of occupational accidents and diseases as annually guided by the Ministry of Labor, Invalids and Social Affairs;

c/ Priority shall be given to localities and employers applying information technology in the management of occupational safety and health; and strictly observe the financial support reporting, payment and account-finalization regime in accordance with law.

2. Financial support for occupational accident and disease prevention and risk sharing shall be used first of all for activities in support of occupational disease examination and treatment, working function rehabilitation and re-investigation of occupational accidents and diseases.

Article 38. Formulation of plans on provision of financial support for occupational accident and disease prevention and risk sharing

1. Before June 1 every year, provincial-level Departments of Labor, Invalids and Social Affairs and related agencies shall project needs for financial support for occupation change, occupational accident and disease prevention and risk sharing and management of occupational accident and disease insurance of the next year, and formulate tentative plans according Form No. 13 provided in the Appendix to this Decree, then send them to the Ministry of Labor, Invalids and Social Affairs for consideration and decision.

2. The estimation, allocation and assignment of estimates, and the management, use and account-finalization of payments from the Occupational Accident and Disease Insurance Fund must comply with the Prime Minister’s regulations on the financial management mechanism applicable to social insurance, health insurance and unemployment insurance and expenses for management of social insurance, health insurance and unemployment insurance.

Article 39. Expenses for management of occupational accident and disease insurance

Expenses for management of occupational accident and disease insurance must comply with Article 90 of the Law on Social Insurance and financial management regulations applicable to the Vietnam Social Security.

Chapter V

RIGHTS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND EMPLOYERS

Article 40. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To decide on, and take responsibility before the Prime Minister for, plans on provision of financial support from the Occupational Accident and Disease Insurance Fund based on requests of provincial-level Departments of Labor, Invalids and Social Affairs and reports of social insurance agencies.

2. To assume the prime responsibility for, and coordinate with related agencies in, organizing and guiding the public communication and dissemination of occupational accident and disease insurance policies and regulations; providing training and guidance on application of measures of occupational accident and disease prevention and risk sharing and improvement of working conditions in the implementation of occupational accident and disease insurance policies.

3. To sum up results of the implementation of support policies from the Occupational Accident and Disease Insurance Fund; to formulate tentative plans on provision of financial support and allocation of management funds to localities based on revenue estimates of the year of allocation and actual expenses of the previous year, situation of occupational accidents and diseases, and observance of the law on occupational safety and health in localities.

4. Before December 31 every year, based on objectives of occupational accident and disease prevention and combat and groups of sectors and occupations that need support priority, to provide written guidance to localities on planning and organizing activities in support of occupational accident and disease prevention and risk sharing.

5. To inspect, examine and supervise the implementation of occupational accident and disease insurance policies and regulations.

6. To settle complaints and denunciations about occupational accident and disease insurance in accordance with law.

7. To send annual and extraordinary reports on implementation of occupational accident and disease insurance policies to the Government.

8. To carry out, and direct provincial-level Departments of Labor, Invalids and Social Affairs in, the application and modernization of information technology to ensure receipt of occupational accident and disease insurance data shared from social insurance agencies, and performance of e-transactions in the field of occupational accident and disease insurance.

Article 41. Responsibilities of the Ministry of Health

1. To coordinate with related agencies in organizing public communication 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 of occupational disease examination and treatment and working function rehabilitation.

4. To settle complaints and denunciations of organizations and individuals about occupational disease examination and treatment and working function rehabilitation in accordance with law.

Article 42. Rights and responsibilities of social insurance agencies

1. Rights of social insurance agencies

a/ To inspect the payment of insurance premiums and enjoyment of support regimes by employees and employers;

b/ 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;

c/ To request re-investigation of occupational accidents and diseases;

d/ Other rights as provided by law.

2. Responsibilities of social insurance agencies

a/ To carry out public communication for and mobilize more persons to participate in occupational accident and disease insurance; to guide procedures for payment of expenses as support for medical examination and treatment, occupational safety and health training and working function rehabilitation.

b/ To provide financial support under decisions of provincial-level Departments of Labor, Invalids and Social Affairs; to promptly inform provincial-level Departments of Labor, Invalids and Social Affairs of frauds and failures to fully meet conditions for support for occupation change and occupational accident and disease prevention and risk sharing as specified in this Decree.

c/ To ensure connection of the e-information database on occupational and disease insurance with state management agencies of the labor, invalids and social affairs sector for regular updating and sharing of information to serve the planning, examination and appraisal of dossiers of request for provision of support for occupation change and occupational accident and disease prevention and risk sharing as specified in this Decree.

d/ To manage and use the Occupational Accident and Disease Insurance Fund; to archive dossiers on provision of support for occupation change and occupational accident and disease prevention and risk sharing in accordance with law.

dd/ To carry out statistical and accounting work on occupational accident and disease insurance.

e/ Before December 15 every year, provincial-level social insurance agencies shall sum up revenues and expenditures of and actual provision of financial support from the Occupational Accident and Disease Insurance Fund of the whole year for sending reports to provincial-level People’s Committees and provincial-level Departments of Labor, Invalids and Social Affairs on implementation of compulsory occupational accident and disease insurance, made according to Form No. 14 provided in the Appendix to this Decree.

g/ Every year, the Vietnam Social Security shall sum up revenues and expenditures of and actual provision of financial support from the Occupational Accident and Disease Insurance Fund of the previous year and estimated revenues of the Occupational Accident and Disease Insurance Fund of the current year, then report them to the Social Insurance Management Council, and report to the Ministry of Labor, Invalids and Social Affairs on implementation of compulsory occupational accident and disease insurance; and report to the Ministry of Finance on management and use of the Compulsory Occupational Accident and Disease Insurance Fund.

h/ To settle complaints and denunciations about implementation of compulsory occupational accident and disease insurance.

i/ To request provincial-level Departments of Labor, Invalids and Social Affairs to decide on recovery of financial support amounts improperly provided by the Occupational Accident and Disease Insurance Fund due to inaccurate information for search, consideration and approval of provision of financial support for occupation change and occupational accident and disease prevention and risk sharing.

k/ To perform other responsibilities provided by law.

Article 43. Responsibilities of provincial-level People’s Committees

1. To direct provincial-level Departments of Labor, Invalids and Social Affairs:

a/ To assume the prime responsibility for, and coordinate with related agencies in, projecting and sending needs for financial support to the Ministry of Labor, Invalids and Social Affairs for consideration and decision under Clause 1, Article 38 of this Decree; to receive and appraisal dossiers and decide on provision of support for occupation change, occupational disease examination and treatment, working function rehabilitation and occupational safety and health training.

b/ To assume the prime responsibility for, and coordinate with related agencies in, carrying out public communication on and dissemination of occupational accident and disease insurance policies and regulations; providing training and guidance on application of measures of occupational accident and disease prevention and risk sharing in their localities in compliance with annual guidance of the Ministry of Labor, Invalids and Social Affairs.

c/ 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.

d/ Before January 30 every year, to announce lists of employers that have sent reports on occupational safety and health and reports on occupational accidents to provincial-level Departments of Labor, Invalids and Social Affairs; to update lists of employers entitled to receive support (enclosed with lists of employees eligible for support), and publish such lists on portals of provincial-level Departments of Labor, Invalids and Social Affairs that issue decisions on provision of support.

dd/ To inspect and examine the implementation of the law on occupational accident and disease insurance in their localities and handle violations in accordance with law.

e/ To settle complaints and denunciations about occupational accident and disease insurance in accordance with law.

g/ To decide on recovery of financial support amounts provided by the Occupational Accident and Disease Insurance Fund upon finding that employers or employees are ineligible for support under decisions on support provision issued by provincial-level Departments of Labor, Invalids and Social Affairs as specified in Chapter III of this Decree.

h/ To apply information technology in the management of occupational accident and disease insurance; to receive information shared by social insurance agencies to serve the search, consideration and approval of financial support for occupation change and occupational accident and disease prevention and risk sharing as specified in this Decree.

i/ To propose competent agencies to formulate, amend or supplement occupational accident and disease insurance regimes, policies and regulations.

k/ 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.

l/ To assume the prime responsibility for organizing annual meetings with local social insurance agencies for evaluation of implementation of support policies.

m/ To archive dossiers on provision of support for occupation change and occupational accident and disease prevention and risk sharing in accordance with law.

n/ To perform other responsibilities as prescribed by law.

2. To direct provincial-level Departments of Health:

a/ To coordinate with related agencies in carrying out public communication on occupational accident and disease insurance policies and regulations.

b/ To manage occupational disease examination and treatment, and working function rehabilitation in their localities.

c/ To coordinate with functional agencies in re-investigation of occupational accidents at the request of social insurance agencies.

d/ To settle complaints and denunciations of organizations and individuals about occupational disease examination and treatment and working function rehabilitation in accordance with law.

dd/ To provide documents and information related to occupational disease examination and treatment and working function rehabilitation at the request of competent state agencies.

e/ To perform other responsibilities as prescribed by law.

Article 44. Responsibilities of employers

1. To fully perform the responsibility to pay occupational accident and disease insurance premiums for their employees in accordance with law.

2. To promptly make dossiers of request for settlement of regimes for employees covered by the Occupational Accident and Disease Insurance Fund.

3. To fully pay regimes and financial support amounts from the Social Insurance Fund for employees.

4. To properly and efficiently use financial support for occupational accident and disease prevention and risk sharing in accordance with law.

5. To refund to the Occupational Accident and Disease Insurance Fund financial support amounts recovered under decisions of provincial-level Departments of Labor, Invalids and Social Affairs under Point i, Clause 2, Article 42, and Point g, Clause 1, Article 43, of this Decree.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 45. Effect

1. This Decree takes effect on September 15, 2020.

2. For persons who currently enjoy occupational accident or disease allowances 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 issued before January 1, 2016, shall still apply.

3. The Government’s Decree No. 37/2016/ND-CP of May 15, 2016, detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance, ceases to be effective on the effective date of this Decree.

Article 46. Transitional provisions

1. 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 in accordance with this Decree, except that for persons who only participate in the pension and survivorship allowance fund in accordance with the law on social insurance.

2. For persons working under labor contracts with a term of between full 1 month and under 3 months, this Decree applies from January 1, 2018.

Article 47. Organization of implementation

1. The Ministers of Labor, War Invalids and Social Affairs; Finance; Health; and Planning and Investment shall guide the provisions assigned to them in this Decree.

2. Annually, the Vietnam Social Security shall report on the use of the Occupational Accident and Disease Insurance Fund to the Ministry of Labor, Invalids and Social Affairs.

3. The Minister of National Defense and 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, 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

* The Appendix to this Decree is not translated.