Chương IV: Hồ sơ, thủ tục tham gia, giải quyết chế độ bảo hiểm tai nạn lao động tự nguyện

DECREE

ON OCCUPATIONAL ACCIDENT INSURANCE IN THE FORM OF VOLUNTARY PARTICIPATION FOR WORKERS WITHOUT EMPLOYMENT CONTRACTS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

At the proposal of the Minister of Labor, Invalids, and Social Affairs;

The Government promulgates a Decree on occupational accident insurance (hereinafter referred to as OAI) in the form of voluntary participation for workers without employment contracts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with the benefits of occupational accident insurance in the form of voluntary participation for workers without employment contracts (hereinafter referred to as voluntary OAI); the Voluntary OAI Fund; the applications and procedures for participation and settlement of benefits under voluntary OAI; and the rights and responsibilities of the social security agency, labor management authority, and workers concerning voluntary OAI.

Article 2. Regulated entities

1. Workers subject to this Decree are those aged 15 and above, working without employment contracts, not subject to compulsory social insurance for occupational accidents and diseases, and participating in voluntary OAI (hereinafter referred to as workers).

2. This Decree also applies to agencies, organizations, and individuals related to voluntary OAI.

Article 3. Occupational accidents

Occupational accidents are accidents causing harm to any part or function of the body or resulting in death for workers, occurring during the labor process, associated with the work performed under the occupations and jobs at the time and workplace registered for voluntary OAI as stipulated in Clause 1, Article 14 of this Decree.

Chapter II

VOLUNTARY OAI BENEFITS

Article 4. Voluntary OAI benefits

1. Assessment of the degree of work impairment.

2. Occupational accident allowance.

Article 5. Conditions for receiving voluntary OAI benefits

1. Workers participating in voluntary OAI are entitled to the benefits outlined in Article 4 of this Decree when the following conditions are met:

a) Having a work impairment of 5% or more caused by an occupational accident that occurred during the period of voluntary OAI participation;

b) The case does not fall under the circumstances specified in Clause 2 of this Article.

2. Workers are not eligible for the benefits outlined in Article 4 of this Decree if the accident occurs due to one of the following reasons:

a) A personal conflict between the victim and the perpetrator unrelated to work or labor tasks;

b) The worker intentionally harms their own health;

c) The worker uses narcotic substances, addictive substances in violation of the law.

Article 6. Assessment of the degree of work impairment for workers participating in voluntary OAI

1. Workers who suffer occupational accidents may proactively undergo an initial or repeat assessment of their degree of work impairment in the following cases:

a) After the initial injury has been treated and stabilized;

b) After the recurrence of an injury has been treated and stabilized;

c) For injuries deemed non-stabilizable by the Ministry of Health, the worker may request assessment before or during the treatment process.

2. The social insurance agency shall cover the assessment fees for workers who proactively undergo an assessment of their degree of work impairment, provided the assessment results meet the eligibility criteria for receiving or increasing voluntary OAI benefits.

3. The timing for covering the assessment fees for eligible cases as stipulated in Clause 2 of this Article shall coincide with the payment of occupational accident benefits as specified in Article 7 of this Decree.

Article 7. Occupational accident allowance

1. Workers with a degree of work impairment ranging from 5% to 100% due to an occupational accident are entitled to a lump sum allowance calculated as follows:

a) A 5% work impairment entitles the worker to three times the minimum monthly wage for Region IV, as stipulated by the Government (hereinafter referred to as "region IV minimum monthly wage").

b) In addition to the allowance mentioned in Point a of this Clause, workers are entitled to an additional allowance based on the number of years they have contributed to the Voluntary OAI Fund. For up to one year of contributions, the worker receives 0.5 times the region IV minimum monthly wage. For each additional year of contributions, the worker receives an extra 0.3 times the region IV minimum monthly wage.

c) The calculation of the period for the occupational accident benefit outlined in Point b of this Clause is based on the total time the worker has contributed to the Voluntary OAI Fund up to the month immediately preceding the accident. Non-continuous contributions are aggregated, and one year is counted when there are 12 full months of contributions.

d) The lump sum occupational accident allowance specified in this Clause is calculated using the following formula:

Where:

L_min: region IV minimum monthly wage at the time of the allowance.

m: degree of work impairment due to the occupational accident (absolute value, 5 ≤ m ≤ 100).

t: Total number of years of contributions to the Voluntary OAI Fund.

Example 1: In August 2024, after participating in voluntary OAI for one month, Mr. A experienced his first occupational accident. After receiving treatment and stabilization, Mr. A underwent his first assessment. In August 2024, the Medical Assessment Council concluded that Mr. A's degree of work impairment due to this accident was 30%. The region IV minimum monthly wage in August 2024 was 3,450,000 VND. The first allowance amount for Mr. A is calculated as follows:

2. Dependents of workers who die due to occupational accidents are entitled to a lump sum allowance equal to 31.5 times the region IV minimum monthly wage, applicable in the following cases:

a) The worker dies while working due to an occupational accident;

b) The worker dies during the initial treatment period for an occupational accident;

c) The worker dies during treatment for injuries from an occupational accident without an assessment of degree of work impairment.

3. Occupational accident benefits are provided based on the principle that each occupational accident is compensated separately, without accumulating benefits from previous accidents.

4. In cases where a reassessment results in an increased degree of work impairment compared to the previously compensated degree, the worker is entitled to a lump sum supplementary allowance to ensure full compensation corresponding to the additional impairment rating as stipulated in point a, clause 1 of this Article. Lump sum supplementary allowance is calculated using the following formula:

Where:

L_min: region IV minimum monthly wage at the time of the allowance.

m_1: degree of work impairment due to the occupational accident after reassessment (absolute value, 5 ≤ m ≤ 100).

m: degree of work impairment due to the occupational accident (absolute value, 5 ≤ m ≤ 100).

5. Time of benefit receipt

a) The time for determining the region IV minimum regional wage, which serves as the basis for calculating the benefit amount (hereinafter referred to as the "time of benefit receipt"), as specified in Points a and b, Clause 1 of this Article, is determined as the month when the employee completes stable treatment and is discharged from the hospital or the month when the Medical Assessment Council issues its conclusion in cases where the employee did not require inpatient treatment. If the occupational accident results in no clear determination of the time of stable treatment completion or hospital discharge (as indicated by follow-up appointments, cast removal, splint removal, or screw removal noted in the discharge papers), the time of benefit receipt is determined as the month when the Medical Assessment Council issues its conclusion;

b) The time of benefit receipt for cases specified in Clause 2 of this Article is determined as the month when the worker passes away.

c) The time of benefit receipt for the case specified in Clause 4 of this Article is determined as the month when the Medical Assessment Council issues its conclusion.

Example 2: In 2027, the injury from Mr. A's first occupational accident recurred (as mentioned in Example 1), and he underwent a re-assessment. In March 2027, the Medical Assessment Council concluded that Mr. A’s degree of work impairment from this accident is 40% (an increase of 10% compared to the first assessment). The region IV minimum monthly wage in March 2027 was 3,850,000 VND. The lump sum supplementary allowance is calculated as follows:

Chapter III

VOLUNTARY OAI FUND

Article 8. Principles for managing the Voluntary OAI Fund

1. The Voluntary OAI Fund is a part of the Occupational Accident and Occupational Disease Insurance Fund under the Social Insurance Fund, and it is accounted for independently.

2. The management of the Voluntary OAI Fund complies with the regulations on managing the Social Insurance Fund as stipulated in the Law on Social Insurance, the Law on Occupational Safety and Hygiene, and this Decree.

3. The contribution rate for voluntary OAI is based on the region IV minimum wage. The amount of state budget support for voluntary OAI contributions, as stipulated in this Decree, is determined by the Government based on socio-economic conditions and the state budget's capacity during each period.

4. The amount of voluntary OAI allowance is determined based on the degree of work impairment and the duration of participation in voluntary OAI.

Article 9. Use of the Voluntary OAI Fund

1. Covering benefits under the OAI scheme specified in Article 4 of this Decree.

2. Managing voluntary OAI in accordance with the management expense regulations stipulated in the Law on Social Insurance.

3. Investing to preserve and grow the fund as per the provisions of the Law on Social Insurance.

Article 10. Sources of the Voluntary OAI Fund

1. Contributions from workers participating in voluntary OAI as stipulated in Articles 11 and 12 of this Decree.

2. Earnings from investment activities of the Fund as regulated in the Law on Social Insurance.

3. State budget support.

4. Other lawful revenues.

Article 11. Contribution methods and contribution rates for workers participating in voluntary OAI

1. Workers participating in voluntary OAI register with the social security agency under one of the following contribution methods:

a) Pay once every six months;

b) Pay once every twelve months.

2. Workers currently participating in voluntary OAI can change their contribution method. Such changes are permitted after completing the previously registered contribution cycle.

3. The contribution rates for voluntary OAI are as follows:

a) A six-month contribution equals 6% of the region IV minimum wage;

b) A twelve-month contribution equals 12% of the region IV minimum wage.

4. The timing for OAI contribution under the methods specified in Clause 1 of this Article is as follows:

a) The first contribution is made immediately upon registration for voluntary OAI;

b) Subsequent contributions are made within 10 days before the current contribution cycle ends.

c) Payment is made immediately upon re-registration for voluntary OAI as specified in Article 17 of this Decree.

Article 12. State support for voluntary OAI contributions for workers without employment contracts

1. Workers without employment contracts who participate in voluntary OAI are eligible for state support for their contributions, based on a percentage of the insurance contribution rate, as follows:

a) 30% support for participants from households classified as poor according to the rural poverty standard;

b) 25% support for participants from households classified as near-poor according to the rural near-poverty standard;

c) 10% support for other workers.

2. Support methods:

a) Workers participating in voluntary OAI who are eligible for support must pay their contribution portion directly to the social security agency or service organization authorized by the social security agency in accordance with the law.

b) Every six or twelve months, the social security agency consolidates the list of eligible beneficiaries, the amount collected from them, and the amount of state budget support. This is done using a form issued by the Vietnam Social Insurance after obtaining agreement from the Ministry of Finance. The consolidated information is then sent to the financial agency to transfer funds to the social insurance fund;

c) The financial agency, based on the local budget management regulations and the consolidated list of participants and state-supported contributions provided by the social security agency, is responsible for transferring funds to the Voluntary OAI Fund every six months. The transfer must be completed by December 31 each year for that year's contributions.

3. The funding for state-supported contributions to voluntary OAI is covered by the local budget, in accordance with the current state budget allocation regulations.

Article 13. Suspension of voluntary OAI contributions

1. If a worker fails to make the required contribution by the deadline specified in point b, clause 4, Article 11 of this Decree, their participation in voluntary OAI will be considered temporarily suspended.

2. Workers whose contributions are temporarily suspended must re-register their contribution method as specified in Article 17 of this Decree if they wish to resume participation.

Chapter IV

APPLICATIONS, PROCEDURES FOR PARTICIPATION AND SETTLEMENT OF CLAIMS FOR VOLUNTARY OAI BENEFITS

Article 14. Applications for registration of participation and reissuance of social insurance books for workers participating in voluntary OAI

1. The initial application for participation in voluntary OAI is the worker’s Social Insurance participation application form. This must include specific information about the occupation, job, working time, and workplace registered for voluntary OAI participation. Any changes in occupation, job, working time, or workplace must be updated and adjusted as specified in Article 15 of this Decree.

2. Applications for reissuance of the social insurance book in cases of damage or loss include:

a) An application form for reissuance of the social insurance book of the worker;

b) The damaged social insurance book, if applicable.

Article 15. Adjustment of personal information for voluntary OAI participation

The application for adjusting personal information of workers participating in voluntary OAI includes:

1. An application form for personal information adjustment;

2. The social insurance book;

3. Copies of documents issued by a competent authority and other related documents required for adjusting personal information as per legal regulations.

Article 16. Processing registration and issuance of the social insurance book

1. Workers shall submit applications for registration of participation, reissuance of the social insurance book, or information adjustment as specified in Articles 14 and 15 of this Decree to the social security agency.

2. The social security agency is responsible for issuing the social insurance book within the following timeframes:

a) Within 7 days from the date of receiving complete documents as per regulations for first-time participants in voluntary social insurance;

b) Within 15 days from the date of receiving complete documents for reissuance of the social insurance book. For complex cases requiring verification of social insurance contribution periods, this period shall not exceed 45 days. If the book is not issued, the agency must respond in writing, stating the reason;

c) Within 10 days from the date of receiving complete documents as per regulations for adjustments to social insurance participation information, the social security agency must reissue the social insurance book. If unsettled, the agency must respond in writing, explaining the reason.

Article 17. Procedures for re-registering contribution methods

1. An application for re-registering contribution methods for voluntary OAI includes:

a) The social insurance book;

b) A social insurance participation application form.

2. Processing re-registration of contribution methods for voluntary OAI:

a) Participants in voluntary OAI shall submit the documents specified in clause 1 of this Article to the social security agency;

b) The social security agency is responsible for processing the request on the same day upon receiving complete documents as per regulations. If unsettled, the agency must respond in writing, explaining the reason.

Article 18. Classification, declaration, and investigation of occupational accidents involving workers participating in voluntary OAI

1. The classification of occupational accidents for declaration, investigation, and statistical reporting of workers shall comply with the provisions of Article 9 of Decree No. 39/2016/ND-CP dated May 15, 2016 on elaboration of the Law on Occupational Safety and Health (hereinafter referred to as Decree No. 39/2016/ND-CP).

2. The declaration of occupational accidents involving workers participating in voluntary OAI is stipulated as follows:

a) When an occupational accident occurs involving a worker participating in voluntary OAI, the affected worker or their relatives must immediately notify the People's Committee of the commune where the accident occurred using the occupational accident declaration form prescribed in Appendix I issued with this Decree;

b) Upon receiving the accident report from the worker or their relatives, the commune-level People's Committee where the accident occurred must promptly notify (directly, via phone, fax, telegram, or email) the Labor Inspectorate of the Department of Labor, Invalids, and Social Affairs, as well as the district-level People's Committee, using the quick report form specified in Appendix II of this Decree. For accidents involving fatalities or serious injuries to two or more workers, the district-level Police must also be notified.

3. Upon receiving a declaration of an occupational accident involving a worker participating in voluntary OAI, the Department of Labor, Invalids, and Social Affairs will establish a provincial-level Occupational Accident Investigation Team (hereinafter referred to as to Investigation Team) investigate cases involving fatalities or serious injuries to two or more workers. The investigation timeline and procedures will comply with Article 35 of the Law on Occupational Safety and Health and Chapter III of Decree No. 39/2016/ND-CP .

4. Upon receiving a declaration of an occupational accident involving a worker participating in voluntary OAI, the district-level People's Committee will establish a grassroot-level Investigation Team to investigate cases involving serious injuries to one worker or minor injuries. The procedures include:

a) The district-level People's Committee must promptly establish a grassroot-level Investigation Team as specified in Appendix III of this Decree. The investigation team consists of a representative from the District Division of Labor, Invalids, and Social Affairs as the team leader, with members including representatives from the District Health Division, the District Labor Union, the District Inspectorate, the People’s Committee of the commune where the accident occurred, and other relevant members;

b) The investigation team performs tasks outlined in Article 12 of Decree No. 39/2016/ND-CP ;

c) The grassroots-level Investigation Team conducts investigations following these processes and procedures:

c.1) Collect traces, evidence, and documents related to the occupational accident. Request the social security agency where the worker is registered for voluntary OAI, as specified in Article 14 of this Decree, to provide the voluntary OAI registration application;

c.2) Obtain statements from the victim, witnesses, or others related to the occupational accident using the report form provided in Appendix IV issued with this Decree;

c.3) Propose technical or forensic assessments (if deemed necessary);

c.4) Analyze and conclude on the following: the sequence of events, causes of the occupational accident; conclusions about the accident; degree of violations, and recommended measures for addressing the responsible parties; measures for preventing similar or repeated accidents;

c.5) Prepare the Occupational accident investigation report using the form provided in Appendix V issued with this Decree;

c.6) Organize a meeting and prepare the minutes of the meeting to announce the Occupational accident investigation report, following the form provided in Appendix VI issued with this Decree;

c.7) Participants in the meeting to announce the Occupational accident investigation report include: the Head of the Investigation Team; members of the Investigation Team; the victim or their representative; witnesses or individuals related to the accident;

c.8) Any participant who disagrees with the contents of the Occupational accident investigation report may record their opinions and sign the minutes of the meeting announcing the Occupational accident investigation report;

c.9) Within 3 working days from the date of the meeting to announce the Occupational accident investigation report, the grassroot-level Investigation Team shall send the Occupational accident investigation report and the minutes of the meeting to the injured worker or their representative, the Department of Labor, Invalids, and Social Affairs Inspectorate where the accident occurred, the district-level Division of Labor, Invalids, and Social Affairs Office, and the social insurance agency where the worker is registered for voluntary OAI participation.

d) The investigation timeframe for the grassroot-level Investigation Team is carried out in accordance with the provisions of Article 35 of the Law on Occupational Safety and Health.

5. Expenses for occupational accident investigations are handled as stipulated in Clause 2, Article 27 of Decree No. 39/2016/ND-CP and Article 21 of this Decree.

Article 19. Investigation of occupational accidents occurring while traveling in traffic

In cases where workers suffer occupational accidents while traveling in traffic, the provincial-level Investigation Team as stipulated in Clause 3, and the grassroots-level Investigation Team as stipulated in Clause 4, Article 18 of this Decree shall proceed to verify and prepare an accident investigation report based on one of the following documents:

1. Traffic accident settlement records from the traffic police authority;

2. Confirmation of the accident from the commune-level police authority or local government where the accident occurred, using the confirmation form outlined in Appendix IX of this Decree.

Article 20. Re-investigation of occupational accidents in case of complaints or denunciations

1. Within 90 days from the date the Occupational accident investigation report is published, if a complaint or denunciation is made in accordance with the law, the re-investigation of the occupational accident shall proceed as follows:

a) Within 10 working days of receiving the complaint or denunciation, the authority that established the Investigation Team must review and resolve the issue in accordance with the procedures and authority stipulated in the Law on Complaints and the Law on Denunciations;

b) If the complainant or denouncer disagrees with the response provided by the authority or organization responsible for resolving the issue as stated in Point a of this Clause and continues to file complaints or denunciations, the competent authority shall re-investigate the occupational accident in accordance with Clauses 2 and 3, Article 35 of the Law on Occupational Safety and Hygiene, by establishing an occupational accident investigation team to conduct the re-investigation. A written notification of the re-investigation results will be sent to the complainant or denouncer. If no re-investigation is conducted, the reasons must be clearly stated;

c) The district-level People's Committee where the accident occurred and the provincial-level occupational accident investigation team that conducted the investigation are responsible for providing all documents, items, and means related to the occupational accident to the central-level occupational accident re-investigation team for accidents involving the workers;

d) The conclusions of the Central-level Investigation Team are final.

2. The initial investigation report becomes legally invalid once the re-investigation report is published.

Article 21. Costs of investigating and re-investigating occupational accidents for workers participating in voluntary OAI

1. The authority conducting the investigation or re-investigation, or the authority sending representatives to the investigation team, shall cover travel and subsistence allowances for team members as per legal regulations.

2. The district-level People's Committee and competent authorities responsible for investigating and re-investigating occupational accidents shall bear the following costs: reconstructing the accident scene; photographing and printing images of the accident scene and victims; technical and forensic assessments (if required); autopsy costs; printing investigation-related documents; transportation at the accident site to support the investigation process; organizing meetings to announce the investigation report; and other reasonable expenses related to the occupational accident investigation.

3. Expenses stipulated in Clauses 1 and 2 of this Article shall be accounted for in the regular operational budget of the respective organizations and settled in accordance with the Ministry of Finance’s regulations.

4. Re-investigation costs requested by the social security agency shall be handled in accordance with Clause 2(c), Article 56 of the Law on Occupational Safety and Health and relevant guiding documents.

Article 22. Documentation for claiming voluntary OAI benefits

1. The required documents to claim voluntary OAI benefits include:

a) The social insurance book;

b) Hospital discharge papers or a certified extract of the medical records for in-patient treatment of occupational accidents;

c) Medical assessment council report on the degree of degree of work impairment;

d) A copy of the death certificate, an extract of the death registration, a notice of death, or a copy of the legally effective court decision declaring the worker deceased in cases of death due to an occupational accident;

dd) Occupational accident investigation report;

e) Application for occupational accident benefits by the worker or their relatives in cases of fatal occupational accidents, as per the form in Appendix VII of this Decree;

g) Original invoices and legally valid documents related to medical assessment expenses.

2. If the re-assessment results in an increased degree of work impairment, as stipulated in Clause 4, Article 7 of this Decree, the documents required for additional voluntary OAI benefits include:

a) The social insurance book;

b) Medical assessment council report on the degree of work impairment;

c) Application for additional occupational accident benefits by the worker, as per the form in Appendix VIII attached to this Decree;

d) Original invoices and legally valid documents related to the costs of the medical assessment.

Article 23. Resolution of claims for voluntary OAI benefits

1. The worker or their relatives must submit the required documents specified in Article 22 of this Decree to the social security agency where the worker is registered for voluntary OAI within the following timeframes:

a) Within 30 days of receiving the Medical assessment council report on the degree of work impairment;

b) Within 90 days from the date of death of a worker currently enrolled in voluntary OAI participation.

2. Within 7 working days of receiving the complete documents, the Social security agency must settle the claim for OAI benefits. If the claim is not approved, the agency must issue a written explanation to the applicant, clearly stating the reasons.

Article 24. Delayed resolution of voluntary OAI claims

1. If the claim submission exceeds the timeframes specified in Clause 1, Article 23 of this Decree, the worker or their relatives must provide a written explanation of the delay along with the required documents to the social security agency.

2. If the settlement of claims exceeds the timeframe specified in Clause 2, Article 23 of this Decree, the social security agency must issue a written explanation to the applicant, clearly stating the reasons for the delay.

3. If there is a delay in settling claims or disbursing benefits, resulting in harm to the legal rights and interests of the beneficiary, compensation must be provided in accordance with the law, except in cases where the delay is due to the fault of the worker or their relatives.

Article 25. Documents and procedures for medical assessments of work impairment to settle voluntary OAI benefits

1. The documents and procedures for medical assessments (including initial assessments and re-assessments) for determining degree of work impairment are prescribed by the Minister of Health.

2. Medical assessments of degree of work impairment must ensure accuracy, transparency, and fairness. The Medical Assessment Council is responsible for the accuracy of its assessment results as per legal regulations.

Chapter V

IMPLEMENTATION

Article 26. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Based on the capacity to balance the Voluntary OAI Fund, economic and social development conditions, and the state budget capacity in each period, the Ministry of Labor, Invalids and Social Affairs shall propose adjustments to the contribution levels and financial support for voluntary OAI contributions to the Government.

2. Lead and coordinate with relevant agencies to disseminate and promote policies and laws on voluntary OAI, and apply information technology in managing voluntary OAI.

3. Inspect and monitor the implementation of laws on voluntary OAI.

4. Address complaints and denunciations related to voluntary OAI in accordance with the law. Provide guidance for re-investigating occupational accidents involving workers not under employment contracts who participate in voluntary OAI.

5. Report to the Prime Minister on an annual and ad-hoc basis on the implementation of voluntary OAI policies.

Article 27. Responsibilities of the Ministry of Health

The Ministry of Health shall provide guidance on the documentation and procedures for medical assessments of degree of work impairment to settle OAI claims for workers participating in voluntary OAI.

Article 28. Rights of the social security agency

1. Inspect contributions and benefit entitlements for workers.

2. Deny claims for voluntary OAI benefits that do not comply with the law.

3. Recommend that competent authorities draft, amend, or supplement policies, laws, and regulations for managing and utilizing the Voluntary OAI Fund.

4. Request re-investigations of occupational accidents.

5. Address and recommend handling of violations of laws on voluntary OAI in accordance with the law.

6. Exercise other rights as stipulated by law.

Article 29. Responsibilities of the social security agency

1. Disseminate and promote policies, laws, and regulations on voluntary OAI; provide detailed guidance on procedures for implementing voluntary OAI benefits.

2. Coordinate with the Department of Labor, Invalids and Social Affairs to provide information on occupational accident prevention and conduct occupational safety and hygiene training.

3. Verify participants of voluntary OAI, as stipulated in Clause 1, Article 12 of this Decree, against the list of poor and near-poor households approved by local authorities to identify eligible beneficiaries for state support. Summarize the total amount of state budget support for participants and submit it to local financial authorities, along with the funds for voluntary pension and survivorship insurance contributions, to transfer into the social insurance fund.

4. Collect, disburse, or authorize service providers to pay benefits under voluntary OAI; delegate the collection of contributions to authorized social insurance service providers in accordance with the law.

5. Apply information technology in the management of voluntary OAI.

6. Manage and utilize the Voluntary OAI Fund; maintain separate records of revenues and expenditures related to the fund.

7. Organize statistical and accounting activities related to voluntary OAI.

8. Annually, the Vietnam social security agency must report to the Ministry of Labor, Invalids and Social Affairs on the implementation of voluntary OAI; simultaneously, report to the Ministry of Finance on the management and utilization of the Voluntary OAI Fund alongside the mandatory Occupational Accident and Occupational Disease Insurance Fund.

9. Annually, local social insurance agencies must report to the People's Committees at the same level on the implementation of voluntary OAI benefits within their jurisdiction, alongside mandatory occupational accident and disease insurance. Reports should also be sent to the local Department of Labor, Invalids and Social Affairs.

10. Provide complete and timely information on the implementation of voluntary OAI benefits as requested by accident investigation teams, competent management agencies, workers, or their representatives.

11. Address complaints and denunciations regarding the implementation of voluntary OAI benefits in accordance with the law.

12. Fulfill other responsibilities as prescribed by law.

Article 30. Responsibilities of the People’s Committees at all levels

1. Responsibilities of province-level People’s Committees:

a) Direct the Department of Labor, Invalids and Social Affairs to carry out the tasks specified in Article 31 of this Decree;

b) Direct relevant agencies to prepare budget estimates for local funding to support individuals participating in voluntary OAI. The estimates must be based on the previous year's actual figures or align with the level of support for voluntary pension and survivorship insurance, ensuring compliance with regulations requiring all budget revenues and expenditures to have estimates;

c) Inspect and monitor the implementation of laws on voluntary OAI within the province;

d) The President of the province-level People’s Committee must report to the province-level People's Council to ensure sufficient budget allocation for supporting voluntary OAI contributions for participating workers as stipulated in this Decree;

dd) Fulfill other responsibilities as prescribed by law.

2. Responsibilities of district-level People’s Committees

a) Organize the dissemination and promotion of policies and laws on voluntary OAI within the district;

b) Inspect and monitor the implementation of laws on voluntary OAI in the district. Report accidents and establish grassroot-level investigation teams to examine occupational accidents involving workers without employment contracts participating in voluntary OAI, as stipulated in Article 18 of this Decree;

c) Address complaints and denunciations related to voluntary OAI in accordance with the law;

d) Propose to competent authorities the formulation, amendments, and supplementation of policies, laws, and measures to handle violations related to voluntary OAI;

dd) Submit annual and ad hoc reports to the province-level People’s Committee and the Department of Labor, Invalids and Social Affairs as required by law;

e) Fulfill other responsibilities as prescribed by law.

3. Responsibilities of commune-level People’s Committees:

a) Report, compile statistics, and document occupational accidents in accordance with current laws; participate in grassroots investigation teams to examine accidents involving workers without employment contracts who are covered by voluntary OAI, as specified in Article 18 of this Decree;

b) Provide the annual list of poor and near-poor households to the social security agency for verification of eligible beneficiaries and levels of state support for voluntary OAI contributions;

c) Fulfill other responsibilities as prescribed by law.

Article 31. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Lead and coordinate with relevant agencies to disseminate and promote policies and laws on voluntary OAI.

2. Lead and coordinate with functional agencies in investigating occupational accidents.

3. Inspect and monitor the implementation of laws on voluntary OAI.

4. Address complaints and denunciations related to voluntary OAI in accordance with the law.

5. Propose to competent authorities the development, amendments, and supplementation of policies, laws, and measures to address violations of voluntary OAI laws.

6. Submit annual and ad hoc reports to the Ministry of Labor, Invalids and Social Affairs and the province-level People’s Committee as required by law. Apply information technology in the management of voluntary OAI.

7. Fulfill other responsibilities as prescribed by law.

Article 32. Rights of workers participating in voluntary OAI

1. Participate in and receive social insurance benefits as stipulated in this Decree.

2. Be issued and manage their social insurance book.

3. Receive voluntary OAI benefits fully and promptly through one of the following contribution methods:

a) Directly from the social security agency or a service organization authorized by the social security agency;

b) Via the worker’s bank account.

4. Authorize another person to collect their voluntary OAI benefits.

5. Obtain information from the social security agency regarding contributions and benefits.

6. Receive state financial support for voluntary OAI contributions, as provided by this Decree.

7. File complaints, denunciations, or lawsuits concerning social insurance in accordance with the law.

Article 33. Responsibilities of workers participating in voluntary OAI

1. Pay voluntary OAI premiums in accordance with this Decree.

2. Comply with regulations regarding the preparation of voluntary OAI records.

3. Safeguard their social insurance book.

Chapter VI

IMPLEMENTATION

Article 34. Entry into force

This Decree comes into force as of January 1, 2025.

Article 35. Responsibilities for enforcement

1. The Minister of Labor, Invalids, and Social Affairs shall guide the implementation of this Decree.

2. The Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Presidents of Province-level People’s Committees and relevant organizations and individuals shall implement this Decree./.

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