Chương III Luật An toàn vệ sinh lao động 2015: Các biện pháp xử lý sự cố kỹ thuật gây mất an toàn, vệ sinh lao động và tai nạn lao động, bệnh nghề nghiệp

Chapter III

RESPONSES TO SAFETY THREAT AND OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Section 1. REPORTING, STATISTICS AND INVESTIGATION INTO SAFETY THREAT, OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 34. Reporting occupational accidents and safety threat

1. An occupational accident or a safety threat shall be reported as follows:

a) Upon the occurrence or possible occurrence of the occupational accident or safety threat at the workplace, the victim or the witness shall immediately inform the person in charge and the employer to promptly give responses and eliminate the consequences;

b) If the accident prescribed in Point a of this Clause is fatal or causes serious injuries to at least two employees, the employer shall immediately report the accident to the labor authority of province where the accident occurred; and concurrently inform police security authority of the district, town, city affiliated to province, or city affiliated to central-affiliated city (hereinafter referred to as the district) regarding the accident resulting in death.

c) If the accident or breakdown occurs in following fields: radioactivity, petroleum exploration and extraction, vehicles of rail transport, waterway, road transport, air transport, and units of People’s armed forces, the employer shall report the accident/breakdown as prescribed in specialized legislation;

d) If the accident is fatal or causes serious injuries to an employee without labor contract, his/her family or the witness shall immediately report such accident to the People’s Committee of commune, ward and town (hereinafter referred to as the commune) where the accident occurred.

If the accident is fatal or causes serious injuries to at least two employees, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.

If the safety threat occurs relating to an employee without labor contract, the witness shall immediately report the breakdown to the People’s Committee of commune where the breakdown occurred as prescribed in Article 19 and Article 36 of this Law.

2. The competent agency shall consider and deal with declaration of occupational accidents and safety threat, inform results of the informer and apply necessary measures for protection of legitimate rights and interests of the informer.

Article 35. Investigation into occupational accidents or safety threat or serious safety threat

1. Each employer shall establish an internal investigation group to investigate occupational accidents that cause minor or major injuries to one employee with their management, unless such employee has undergone investigation as prescribed in Clause 2 and Clause 3 of this Article or as prescribed in specialized legislation.

Composition of the internal investigation group includes: the employer or representative of the employer who is the group leader and representatives of the Executive board of internal trade union or employees (for business entity having no internal trade union), occupational safety officers, health officers, etc., who are group members.

If the accident causes serious injuries to an employee without labor contract, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.

2. Each labor authority of province shall establish a provincial investigation group to investigate fatal accidents or accidents that cause serious injuries to at least two employees, including employees without labor contracts, excluding the cases prescribed in Clause 4 of this Article; and re-investigate occupational accidents that were investigated by the internal investigation group in case of complaints, denunciations, or where necessary..

Composition of the provincial investigation group shall include representative of Occupational Safety and Hygiene Inspectorate affiliated to a provincial authority who is the group leader and representatives of the Service of Health, Confederation of Labor, etc., who are group members.

3. The Minister of Labor, War Invalids and Social Affairs or competent agency in charge of establishment of the central investigation group shall investigate occupational accidents so serious and complicated that they are beyond the capacity of the provincial group of investigation into occupational accidents; and re-investigate occupational accidents that were investigated by the provincial group of investigation into occupational accidents.

Composition of the central investigation group shall include representatives of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, Vietnam General Confederation of Labor and other members.

4. Regarding the accidents and breakdowns prescribed in Point c Clause 1 Article 34 of this Law, the investigation shall be carried out according to specialized legislation, legislation on labor with the cooperation of Occupational Safety and Hygiene Inspectorate.

5. The employers and persons involved in occupational accidents or safety threat or serious safety threat must cooperate with the investigation group, provide sufficient information and relevant materials and may not refuse or obstruct the investigation process.

If the employee has the accident while commuting between home and work, the competent agency shall provide one of the following documents to the investigation group:

a) A report on scene examination and a diagram of accident scene;

b) A report on investigation into traffic accident;

c) If there is no document prescribed in Point a and Point b of this Clause, a written confirmation issued by the police authority of the commune, ward or town where the accident occurred is required at the request of the employee or their relatives.

6. Time limit for investigation of occupational accidents within competence of internal, provincial or central investigation group prescribed in Clause 1, 2 and 3 of this Article from the date on which the report on the occupational accident is received to the date on which the report on investigation into the occupational accident is published is:

a) 04 days if the accident only causes minor injuries to employees;

b) 07 days if the accident causes major injuries to an employee;

c) 20 days if the accident causes major injuries to at least two employees;

d) 30 days if the accident is fatal; 60 days if the accident requires technical assessment or forensic examination. If the accident is suspected to be a crime and investigated by an investigating agency but there is no decision on criminal prosecution, the time limit for investigation shall be begin from the date on which the investigation group receives adequate materials, objects, or vehicles related to the accident.

If the accident mentioned in Points b, c, and d of this Clause has complicated facts, it shall be granted an extension provided that it does not exceed the time limit prescribed in those Points; the extension must be reported and concurred with by the person issuing the decision on establishment of the investigation group regarding occupational accidents prescribed in Points b, c and d of this Clause by the investigation group leader.

7. During the investigation process prescribed in Clauses 1, 2 and 3 of this Article, if there is any sign of crime, the investigation group shall send reports enclosed with materials, transfer relevant items and vehicles (if any) to the investigating agency for consideration, criminal prosecution as prescribed in legislation on criminal proceedings.

The time limit for criminal prosecution shall comply with legislation on criminal procedures; if the investigating agency decides not to initiate the prosecution, within 05 days, from the date on which the decision not to initiate criminal prosecution, the investigating agency shall provide and transfer materials, objects or vehicles related to the accident to the investigation group.

8. The report on investigation into the occupational accident shall be announced in the meeting presided over by the group leader and group members, the employer or representative of the employer, representatives of trade union, victims or representative of victims’ relatives, witnesses or relevant parties in the accident; if the accident cause death to the employee, there are also representatives of police authority and People’s Procuracy at the same level.

The report on investigation into the accident and the meeting minutes shall be sent to agencies having the group members, the labor authority, and the employer of the business entity having the accident and victims or their relatives.

9. Responsibility to publish the report on investigation into the accident and necessary information about the accident:

a) The employer shall publish information if it is required to investigate the occupational accident prescribed in Clause 1 of this Article; the People’s Committee of the commune shall publish information about the occupational accident in which the People’s Committee of the commune makes the report;

b) The investigation group leader or the competent agency in charge of the investigation into the occupational accidents prescribed in Clause 2 and Clause 2 of this Article shall publish information;

c) The investigation group leader or the competent agency in charge of the investigation into the occupational accidents shall publish information, unless otherwise prescribed by specialized legislation.

The receiving the report on investigation into the occupational accidents and the meeting minutes, the employer shall post them on the bill publicly and sufficiently for all employees in the business entity; regarding occupational accidents occurring to employees without labor contracts, the People’s Committee of the commune shall post them on the bill for the people of the commune;

d) The investigation group leader or the competent agency in charge of the investigation into the occupational accidents or breakdowns prescribed in Clause 4 of this Article, or safety threat and serious safety threat shall publish the reports on investigation and relevant necessary information after the time limit for investigation expires, unless otherwise prescribed by specialized legislation.

10. If the time for investigation into the occupational accident, safety threat and serious safety threat prescribed in this Article expires the time limit as prescribed and cause damage to the lawful rights and interests of employees or employer, it is required to pay compensation as prescribed.

11. The Government shall provide guidance on classification, reporting, investigation, and statistical reports on occupational accidents, safety threat or serious safety threat and provision of occupational accident benefits for employees in case there are decision on crime prosecution for occupational accidents.

Article 36. Statistical reports on occupational accidents and serious safety threat

1. Every 6 month and every year, each employer shall send statistical reports on occupational accidents and serious safety threat to the labor authority of province, unless otherwise prescribed by specialized legislation.

2. Every 6 month and every year, each People’s Committee of commune shall send statistical reports on occupational accidents and serious safety threat related to employees without labor contracts prescribed in Point d Clause 1 Article 34 of this Law to the People’s Committee of district, then it shall be synthesized and reported to the labor authority of province.

3. Each labor authority of province shall send reports on occupational accidents and serious safety threat prescribed in Clause 1 and Clause 2 of this Article to the Ministry of Labor, War Invalids and Social Affairs as follows:

a) The labor authority shall send quick reports on occupational accidents that cause deaths or serious safety threat or serious safety threat in the province;

b) Every 06 months and every year, the labor authority shall send reports on occupational accidents or serious safety threat and occupational safety in the province.

4. Every 06 months and every year, the Ministry of Health shall release statistics on cases in which victims of occupational accidents undergone medical examinations and treatment and send to the Ministry of Labor, War Invalids and Social Affairs.

5. The Ministry of Labor, War Invalids and Social Affairs shall organize and give instructions in collection, archives, provision, promulgation and assessment of occupational accidents and serious safety threat; creation and management of database of occupational safety nationwide.

Article 37. Statistics and reports on occupational diseases

1. All employees suffering occupational diseases shall be released statistics and reported as prescribed by the Minister of Health.

The List of occupational diseases promulgated by the Minister of Health with the consent of the Ministry of Labor, War Invalids and Social Affairs, Vietnam General Confederation of Labor, the representative of employers, relevant social organizations shall be amended in conformity with the occupational environment, equipment and technology.

2. Every year, each employer shall send reports and statistics of prevention of occupational diseases to health authority of province, and then they shall be sent to the Ministry of Health.

3. Every year, the Ministry of Health shall send statistics and assessment of occupational diseases and actions against occupational diseases to the Ministry of Labor, War Invalids and Social Affairs, and then they shall be sent to the Government.

4. The Ministry of Health shall organize and give instructions in collection, archives, provision, promulgation and assessment of occupational diseases; creation and management of database of occupational disease prevention; and investigation into occupational diseases.

Section 2. RESPONSIBILITIES OF EMPLOYERS TO EMPLOYEES SUFFERING FROM OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL DISEASES

Article 38. Responsibilities of employers to employees suffering from occupational accidents or occupational diseases

Each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:

1. Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;

2. Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:

a) Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

b) Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;

c) Full payment for treatment for the employee if the employee has not heath insurance;

3. Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;

4. The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

a) At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;

b) At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;

5. Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;

6. Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;

7. Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;

8. Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;

9. File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;

10. The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of this Article shall include salary, allowances and additional payments as prescribed in legislation on labor.

11. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clauses 3, 4, and 5 of this Article.

Article 39. Responsibilities of employers for providing compensation and benefit applicable to particular cases

1. If an employee has an occupational accident when he/she is performing tasks or conform to the directive of the employer outside the premises of the agency, enterprise, organization or cooperatives through other people’s faults or through the fault of an unidentifiable person, the employer shall still pay compensation for the employee as prescribed in Clause 4 Article 38 of this Law.

2. If an employee has an occupational accident while commuting between home and work, with other people’s faults or not identifiable persons causing the accident, the employer shall still pay benefits for the employee as prescribed in Clause 5 Article 38 of this Law.

3. If the employer bought accident insurance for the employee from an insurance company, the employee shall receive compensation and/or benefits as specified in the insurance policy. If the insurance payout paid by the insurance company is lower than the amount prescribed in Clause 4 and Clause 5 Article 38 of this Law, the employer shall pay the remaining amount provided that total amount that the employee or their relatives receives is not smaller than the compensation or benefit prescribed in Clause 4 and Clause 5 Article 38 of this Law.

4. If the employer does not buy the insurance for the employee subject to compulsory social insurance as prescribed in Law on social insurance, apart from the compensation and/or benefit prescribed in Article 38 of this Law, the employer shall pay an amount equivalent to the insurance benefits prescribed in Section 3 of this Chapter; the payment is a lump-sum payment or a monthly payment depending on contracting parties, or at the request of the employee if they cannot reach an agreement.

5. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on this Article.

Article 40. Cases in which occupational accident benefit are rejected by employers

1. An employee shall not receive occupational accident benefits prescribed in Article 38 and Article 39 of this Law from the employer if the accident is caused by one of the following reasons:

a) Conflict between the employee and the person causing the accident not relating their works or tasks;

d) The employee deliberately ruins their own health;

c) The employee uses drugs or other narcotic substances against of law.

2. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on this Article.

Section 3. INSURANCE FOR OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL DISEASES

Article 41. Rules for provision of benefit for victims covered by Insurance fund for occupational accidents and occupational diseases (hereinafter referred to as Insurance fund)

1. Insurance fund is a sub-fund of the Social insurance fund; insurance premiums and payout, management and use of this Fund shall comply with this Law and Law on social insurance.

2. Insurance premium rates shall be determined according to monthly salary of each employee and paid by their employer.

3. Benefit level for a victim shall be determined according to his/her decreased work capacity, premium rate and payment period to the Insurance fund.

4. The insurance must be purchased and used simply, conveniently, promptly with full rights and interests for the insured.

Article 42. Use of the Insurance fund

1. Expenditures on fees for medical assessment of injuries or diseases caused by occupational accidents or occupational diseases for entities eligible as prescribed in Article 45 and Article 46 of this Law; expenditures on fees for medical assessment for employees who proactively take medical assessment of decreased work capacity as prescribed in Point b Clause 1 and Clause 3 Article 47 of this Law and the medical assessment results show that they are entitled to higher benefit of occupational accidents and occupational diseases.

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

3. Expenditures on daily living aids, orthopedic devices.

4. Expenditures on health rehabilitation.

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

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

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

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

Article 43. Employees receiving the insurance benefits

1. The employees receiving the insurance benefits prescribed in this Section are employees subject to compulsory social insurance as prescribed in Point a, b, c, d, dd, e and h Clause 1 Article 2 and employers as prescribed in Clause 3 Article 2 of the Law on social insurance.

2. If an employee concludes labor contracts with multiple employers, each employer shall pay insurance premiums for the labor contract concluded with the employee who is subject to compulsory social insurance. When an employee has an occupational accident or suffers from an occupational disease, he/she shall receive the insurance benefit as prescribed by the Government.

Article 44. Premium rates and contribution sources to the Insurance fund

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

2. Contribution sources to the Insurance fund include:

a) Contributions under liability of employers prescribed in Clause 1 of this Article.

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

c) Other lawful revenues.

3. According to balance of the Insurance fund, the Government shall promulgate detailed contribution rate to the Insurance fund prescribed in Clause 1 of this Article.

Article 45. Requirements for receiving occupational accident benefit

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

1. He/she has an accident:

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

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

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

2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;

3. The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law.

Article 46. Requirements for receiving occupational disease benefit

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

b) He/she suffers from an occupational disease mentioned in the List of occupational diseases promulgated by the Minister of Health as prescribed in Clause 1 Article 37 of this Law;

b) He/she suffers a working capacity decrease of at least 5% caused by a disease prescribed in Clause 1 of this Article.

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

Article 47. Medical assessment of decreased work capacity

1. An employee involving in an occupational accident or suffering from an occupational disease is entitled to undergo medical assessment or medical re-assessment of decreased work capacity if he/she is in one of the following cases:

a) Their health condition has become stable after treatment of the first time injury or disease but there are sequelae affecting their health;

b) Their health condition has become stable after treatment of the relapse injury or disease;

c) If their health condition cannot become stable after treatment of the injury or disease as prescribed by the Minister of Health, the employee is entitled to undergo a medical assessment before or during the treatment process.

2. An employee is entitled to thorough assessment of their decreased work capacity when he/she is in one of the following cases:

a) He/she both suffers from an occupational accident and suffers from an occupational disease;

b) He/she suffers from multiple occupational accidents;

c) He/she suffers from multiple occupational diseases.

3. The employee prescribed in Point b Clause 1 of this Article shall be entitled to undergo medical re-assessment of occupational accidents or occupational diseases after 24 months, from the date on which the employee receives the preceding conclusion of decreased work capacity rate made by the Medical Examination Council; in case the employee’s health decline considerably, the period of time for re-assessment shall be shortened as prescribed by the Minister of Health.

Article 48. Lump-sum benefit

1. Each employee suffering a working capacity decrease of between 5% and 30% is entitled to a lump-sum benefit.

2. Lump-sum benefit levels:

a) Each employee suffering a 5% working capacity decrease is entitled to a benefit which is five times more than the statutory pay rate, a half of the statutory pay rate shall be added to each additional 1% working capacity decrease;

b) Apart from the benefit level prescribed in Point a of this Clause, each employee is entitled to an additional benefit determined according to the payment period of the insurance premiums which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 month’s salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment; if the employee suffers from the occupational accident in the first month he/she pays premium or discontinued payment of premium until returning to work, the salary of such month shall be the basis for determination of that benefit.

3. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on determination of benefit occupational accident benefit or occupational disease benefit in case of changes in benefit levels given to employees due to re-assessment or thorough assessment.

Article 49. Monthly benefit

1. Each employee suffering a working capacity decrease of at least 31% is entitled to a monthly benefit.

2. Monthly benefit levels:

a) Each employee suffering a 31% working capacity decrease is entitled to benefit equivalent to 30% of the statutory pay rate, 2% of the statutory pay rate shall be added to each additional 1% working capacity decrease;

Apart from the benefit levels prescribed in Point a of this Clause, each employee is entitled to receive a monthly additional benefit determined according to the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

3. Suspension from or continuation of receipt of monthly benefit of occupational accidents or occupational diseases, or attendance benefit shall comply with Article 64 of Law on Social insurance; documents and procedures for continuation of receipt of monthly benefit of occupational accidents or occupational diseases shall comply with Article 113 and Article 114 of Law on Social insurance. If the receipt of benefit suspend as prescribed in Point c Clause 1 Article 64 of Law on Social insurance, social security agency shall send notifications and provide explanation; decision on termination of benefit receipt shall comply with conclusion of the competent agency.

4. If a person who is receiving a monthly occupational accident benefit settles another place in the country and wishes to receive the benefit at the new place, he/she shall send an application to the former social security agency. Within 05 days, from the date on which the application is received, the social security agency shall verify the application; if the application is rejected, they must provide explanation in writing.

5. If a person who is receiving monthly insurance benefit settles abroad, he/she is entitled to a lump-sum benefit; the lump-sum benefit equals 3 months’ former benefit. Documents and procedures for lump-sum benefit shall comply with Clause 2 and Clause 3 Article 109 and Clause 4 Article 110 of Law on Social insurance.

6. The monthly benefit levels of occupational accidents or occupational diseases, or attendance benefit levels shall be adjusted as prescribed in Law on Social insurance.

Article 50. Time for benefit receipt

1. Time for benefit receipt prescribed in Article 48, 49 and 52 of this Law shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient; with regard to thorough assessment of decreased work capacity prescribed in Clause 2 Article 47 of this Law, the time for benefit receipt shall be determined from the month in which the employee’s health condition become stable or he/she is discharged from the hospital regarding the last occupational accident or occupational disease or from the month in which the conclusion is made by Medical Examination Council if the employee is an outpatient.

If it fails to determine the time for which the employee’s health become stable or he/she is discharged from the hospital, the time for benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council; if the employee is infected with HIV/AIDS due to occupational accidents, the time for benefit receipt shall be determined from the month in which the employee receive a Certificate of HIV/AIDS infection due to occupational accidents.

2. If the employee undergoes medical assessment of decreased work capacity prescribed in Point b Clause 1 and Clause 2 Article 47 of this Law, the time for new benefit receipt shall be determined from the month in which the conclusion is made by Medical Examination Council.

Article 51. Daily living aids, orthopedic devices

1. Any employee involving in an occupational accident or an occupational disease which damages their body functions shall be annually provided with money to buy daily living aids and orthopedic devices depending on the conditions of their injury or disease and at the indication of qualified health facilities, orthopedic or rehabilitation facilities.

2. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on types of daily living aids, orthopedic devices, shelf life, costs and documents and procedures for purchase.

Article 52. Attendance benefit

If an employee suffering a working capacity decrease of 81% or more, such as rachioplegia, total blindness, paraplegia, amputation of two legs or a mental disease, he/she is entitled to not only the benefit specified in Article 49 of this Law but also a monthly attendance benefit equivalent to the statutory pay rate.

Article 53. Benefit upon death due to occupational accidents or occupational diseases

If an employee dies from an occupational accident or an occupational disease, his/her relatives shall be entitled to a lump-sum benefit which is thirty six times the statutory pay rate determined in the month in which he/she dies and enjoy survivor benefits as prescribed in Law on Social insurance if the employee is in one of the following cases:

1. The employee dies from an occupational accident or an occupational disease;

2. The employee dies from an occupational accident or an occupational disease after the first treatment;

3. The employee dies during the treatment period without assessment of decreased work capacity.

Documents on survivor benefits from deaths of employees from occupational accidents or occupational diseases shall comply with Clause 1 Article 111 of Law on Social insurance.

Article 54. Convalescence and health rehabilitation after injury or disease treatment

1. An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.

If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of this Article if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.

2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:

a) Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;

b) Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;

c) Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;

3. The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of this Article shall equal 30% of the statutory pay rate.

Article 55. Support for career change of victims when returning to work.

1. The employer shall assign new works for the victims as prescribed in Clause 8 Article 38 of this Law; the employee shall be supported tuition fees if the training courses for change in occupations are required.

2. The support does not exceed 50% of tuition fees and 15 times the statutory pay rate; each employee shall be entitled to up to 2 times of supports and once a year.

Article 56. Support for prevention and sharing of risks of occupational accidents and occupational diseases

1. Every year, the Insurance fund shall allocate up to 10% of revenues to support prevention and risk sharing for occupational accidents and occupational diseases.

2. Prevention and risk sharing activities of occupational accidents and occupational diseases include:

a) Occupational disease examinations and treatment;

b) Occupational rehabilitation;

c) Re-investigation into occupational accidents or occupational diseases at the requests of the social security agencies;

d) Provision of training in occupational safety and hygiene for the insured and entities prescribed in Clause 1 and Clause 2 Article 14 of this Law.

3. The support for activities prescribed in Point a and Point b Clause 2 of this Article excluding the costs paid by the Insurance fund as prescribed in the Law on Health insurance or costs paid by the employers as prescribed in Clause 2 Article 38 of this Law.

4. The Government shall provide guidance on requirements for support, support rates, time for support, procedures for support, competent agencies deciding the support and implementation of support policies as prescribed in Article 55 and Article 56 of this Law and assurance of balance of the Insurance fund.

Article 57. Documents for claiming occupational accident benefit

1. A social insurance book.

2. A hospital discharge note or copies of medical records after occupational accident treatment for an inpatient.

3. A report of medical assessment of decreased work capacity made by Medical Examination Council.

4. A claim form for occupational accident benefit using the form issued by Vietnam Social Security with the consent of the Ministry of Labor, War Invalids and Social Affairs.

Article 58. Claim documents on occupational disease benefit

1. A social insurance book.

2. A hospital discharge note or copies of medical records after occupational disease treatment for an inpatient; or an examination slip of occupational diseases for an outpatient.

3. A report of medical assessment of decreased work capacity made by Medical Examination Council; or a Certificate of HIV/AIDS infection due to occupational accidents.

4. A claim form for occupational disease benefit using the form issued by Vietnam Social Security with the consent of the Ministry of Labor, War Invalids and Social Affairs.

Article 59. Provision of the insurance benefits

1. The employer shall send the claim documents on the insurance benefits to the social security agency within 30 days, from the date on which the adequate documents prescribed in Article 57 and Article 58 of this Law are received.

2. Within 10 days, from the date on which the adequate documents are received, the social security agency shall provide the insurance benefits; if the documents are rejected, they must provide explanation in writing.

Article 60. Provision of benefit of convalescence and health rehabilitation after occupational accident or occupational disease treatment

1. The employer shall make a list of employees entitled to the insurance benefits whose health is not recovered and send it to the social security agency within 10 days, from the date on which their health has not been recovered as determined in Clause 1 Article 54 of this Law.

2. Within 10 days, from the date on which the list is received, the social insurance agency shall provide convalescence and health rehabilitation for the employees and transfer money to the employee; if the list is rejected, they must provide explanation in writing.

3. Within 05 days, from the date on which the money sent from the social security agency is received, the employer shall pay benefit to employees.

Article 61. Provision of the insurance benefits behind regulated schedule

1. If the insurance benefits are provided behind schedule as prescribed in Article 59 and Clause 1 Article 60 of this Law, the persons or agencies in charge shall provide explanation in writing.

2. If the insurance benefits and the benefit are provided behind the schedule as prescribed and cause damage to lawful rights and interests of the insured, the persons or agencies in charge must give compensation as prescribed, unless that damage caused by the employees or their relatives entitled to survivor benefits.

Article 62. Documents and procedures for medical assessment of decreased work capacity for the insurance benefits

1. Documents and procedures for medical assessment of decreased work capacity for the insurance benefits shall be prescribed by the Minister of Health.

2. Medical assessment of decreased work capacity shall be carried out accurately, publicly and transparently. Medical Examination Council shall be responsible for the accuracy of their assessment results as prescribed.