Chapter IV
CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR RECEIVING SUPPORT FOR FEE OF OCCUPATIONAL DISEASE EXAMINATION AND TREATMENT, TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE, AND OCCUPATIONAL HEALTH REHABILITATION
Section 1. CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR RECEIVING SUPPORT FOR FEE OF OCCUPATIONAL DISEASE EXAMINATION
Article 11. Conditions for support for occupational disease examination of employee
An employee may receive support for fee of occupational disease examination as regulated in Point a Clause 2 Article 56 of the Law on occupational safety and hygiene in conformity with the following regulations:
1. Entities specified in Clause 1 Article 2 of this Decree must satisfy all of the following conditions:
a) The employee currently participates in insurance for occupational accidents and occupational diseases and has paid insurance premiums for occupational accidents and occupational diseases for at least 12 months or longer up to the month preceding the month on which the application for support for fee of occupational disease examination is submitted;
b) The employer organized occupational environment monitoring as regulated;
c) The employee who shall receive support for fee of occupational disease examination as requested got conclusion of suffering from occupational disease at a qualified occupational health facility.
2. With regard to entities prescribed in Clause 3 Article 2 of this Decree, their occupational diseases must be discovered within the coverage period of corresponding occupational disease as regulated by Minister of Health.
Article 12. Support rate for fee of occupational disease examination
1. The support rate is 50% of the fee of occupational disease examination which is determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee had the occupational disease examination and has been deducted from the amount paid by health insurance agency provided that such support amount shall not exceed one third of the statutory pay rate/person/one time of medical examination.
2. Each employee may get support for fee of occupational disease examination up to 02 times but in 02 different years.
3. An employee who has done the job posing risk of occupational diseases but has retired, resigned or transferred to another unit may get 100% of fee of occupational disease examination from the insurance fund for occupational accidents and occupational diseases.
Article 13. Application for support for fee of occupational disease examination
1. With regard to entities that have satisfied all of conditions as specified in Clause 1 Article 11 of this Decree, the application shall consist of:
a) The written request for support for fee of occupational disease examination, using the form promulgated by Minister of Labour – Invalids and Social Affairs;
b) Certified copy of record on occupational environment monitoring results;
c) Documents certifying the employee suffered from an occupational disease made by qualified occupational health facility.
2. With regard to entities that have satisfied all of conditions as specified in Clause 2 Article 11 of this Decree, the application shall consist of:
a) The written request for support for fee of occupational disease examination, using the form promulgated by Minister of Labour – Invalids and Social Affairs;
b) Certified copy of record on occupational environment monitoring results made within the working period of the employee at the unit posing occupational diseases (if any);
c) Documents certifying the employee suffered from an occupational disease made by qualified occupational health facility;
d) Copies of payment vouchers of fee of occupational disease examination as regulated.
Article 14. Procedures for processing application for support for fee of occupational disease examination
1. With regard to entities that have satisfied all of conditions as specified in Clause 1 Article 11 of this Decree, employers shall submit application as prescribed in Clause 1 Article 13 of this Decree to Departments of Labour – Invalids and Social Affairs.
2. With regard to entities that have satisfied all of conditions as specified in Clause 2 Article 11 of this Decree, employers shall submit application as prescribed in Clause 2 Article 13 of this Decree, together with originals of payment vouchers for comparison, to Departments of Labour – Invalids and Social Affairs.
3. Within 05 working days from the date on which the valid application is received, relevant Department of Labour – Invalids and Social Affairs shall decide the support rate. In a case of refusal to give support, such Department of Labour – Invalids and Social Affairs shall specify its reasons in writing.
4. Within 05 working days from the date on which the decision on support for occupational disease examination is granted, the social security agency shall give the support upon such decision to relevant employee.
Section 2. CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR RECEIVING SUPPORT FOR COST OF OCCUPATIONAL DISEASE TREATMENT
Article 15. Conditions for support for cost of occupational disease treatment for employees
An employee may receive support for occupational disease treatment as regulated in Point a Clause 2 Article 56 of the Law on occupational safety and hygiene in conformity with the following regulations:
1. Entities specified in Clause 1 Article 2 of this Decree must satisfy all of the following conditions:
a) The employee has been diagnosed with occupational disease at a qualified occupational health facility;
b) Such employee currently participates in insurance for occupational accidents and occupational diseases and has paid insurance premiums for occupational accidents and occupational diseases for at least 12 months or longer up to the month preceding the month on which the application for support for occupational disease treatment is submitted;
c) The relevant employer has paid insurance premium for occupational accidents and occupational diseases for such employee while he/she done the job posing occupational diseases;
d) The employer has organized occupational disease examination for the employee as regulated.
2. With regard to entities specified in Clause 3 Article 2 of this Decree, they have paid insurance premium for occupational accidents and occupational diseases while they done the jobs posing occupational diseases, and suffered from occupational diseases within the occupational disease coverage period.
Article 16. Support rate for cost of occupational disease treatment
1. The support rate is as 50% of the cost of occupational disease treatment which is determined on the basis of list of prices of occupational disease examination promulgated by Minister of Health at the time on which the employee got occupational disease treatment and has been deducted from the amount paid by health insurance agency provided that such support amount shall not exceed ten times the statutory pay rate/person.
2. Each employee may get support for cost of occupational disease treatment up to 02 times but in 02 different years.
Article 17. Application for support for occupational disease treatment
1. The written request for support for cost of occupational disease treatment, using the form promulgated by Minister of Labour – Invalids and Social Affairs;
2. Certified copies of documents certifying the employee suffered from an occupational disease made by a qualified occupational health facility;
3. The copy of discharge or extraction of medical records after having received the occupational disease treatment;
4. Copies of payment vouchers of costs of occupational disease treatment.
Article 18. Procedures for processing application for support for cost of occupational disease treatment
1. Entities that have satisfied all of conditions as specified in Article 15 of this Decree shall submit application as prescribed in Article 17 of this Decree, together with originals of payment vouchers for comparison, to relevant Departments of Labour – Invalids and Social Affairs.
2. Within 05 working days from the date on which the valid application is received, relevant Department of Labour – Invalids and Social Affairs shall decide the support rate. In a case of refusal to give support, such Department of Labour – Invalids and Social Affairs shall specify its reasons in writing.
3. Within 05 working days from the date on which the decision on support for occupational disease treatment is granted, the social security agency shall give the support upon such decision to relevant employee.
Section 3. CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR SUPPORT FOR OCCUPATIONAL HEALTH REHABILITATION
Article 19. Conditions for support for costs of occupational health rehabilitation for employees
An employee may receive support for occupational health rehabilitation as regulated in Point b Clause 2 Article 56 of the Law on occupational safety and hygiene in conformity with the following regulations:
1. The employee must be sent for occupational health rehabilitation as decided by the qualified health facility;
2. The level of working capacity decrease upon occupational accidents or occupational diseases must be at least 31%.
Article 20. Support rate for cost of occupational health rehabilitation
1. The maximum support rate is as 50% of the cost of occupational health rehabilitation which has been deducted from the amount paid by health insurance agency provided that such support amount shall not exceed two times the statutory pay rate/person/one time of rehabilitation.
2. Each employee may get support for cost of occupational health rehabilitation up to 02 times but in 02 different years.
Article 21. Application for support for cost of occupational health rehabilitation
1. The written request for support for cost of occupational health rehabilitation, using the form promulgated by Minister of Labour – Invalids and Social Affairs;
2. Certified copy of written record on medical assessment of decreased working capacity made by the Medical Assessment Council;
3. Certified copy of referral form to the qualified occupational health rehabilitation facility granted by the health facility if the referral must be carried out; or certified copy of medical record which contains suggestion for referring the patient to the occupational health rehabilitation ward of the health facility if such occupational health rehabilitation ward is available.
4. Copies of payment vouchers of costs of occupational health rehabilitation, excluding costs of rehabilitation equipment.
Article 22. Procedures for processing application for support for cost of occupational health rehabilitation
1. The employee shall directly submit the application prescribed in Article 21 of this Decree, together with originals of payment vouchers for comparison, to relevant Department of Labour – Invalids and Social Affairs.
2. Within 05 working days from the date on which the valid application is received, relevant Department of Labour – Invalids and Social Affairs shall decide the support rate. In a case of refusal to give support, such Department of Labour – Invalids and Social Affairs shall specify its reasons in writing.
3. Within 05 working days from the date on which the decision on support for occupational health rehabilitation is granted, the social security agency shall give the support amount upon such decision to relevant employee.
Section 4. CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR SUPPORT FOR TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE
Article 23. Conditions for support for training in occupational safety and hygiene
Employers may get support for costs of training in occupational safety and hygiene as regulated in Clause 4 Article 56 of the Law on occupational safety and hygiene if all of the following conditions are satisfied:
1. Regulations on insurance for occupational accidents and occupational diseases and training in occupational safety and hygiene have been strictly implemented;
2. Employees who are supported for training in occupational safety and hygiene have paid insurance premiums for occupational accidents and occupational diseases for at least 12 months or longer up to the month on which the application for support for costs of training in occupational safety and hygiene is submitted;
Article 24. Support rate for costs of training in occupational safety and hygiene
1. Maximum support rates for costs of training in occupational safety and hygiene shall be calculated on the basis of the number of employees participating in the training in occupational safety and hygiene. To be specific:
a) Shall not exceed 01 time the statutory pay rate/person, applicable to employees in charge of occupational safety and hygiene;
b) Shall not exceed a half of the statutory pay rate/person, applicable to employees doing the jobs in which requirements on occupational safety and hygiene must be strictly complied;
c) Shall not exceed a quarter of the statutory pay rate/person, applicable to occupational safety and hygiene managers, health officers, and occupational safety and hygiene officers.
2. Maximum support rate is as 30% of service costs of training in occupational safety and hygiene as regulated.
Article 25. Application for support
1. The written request for support for costs of training in occupational safety and hygiene, using the form promulgated by Minister of Labour – Invalids and Social Affairs;
2. Documents proving the compliance with regulations on insurance for occupational accidents and occupational diseases and training in occupational safety and hygiene;
3. Copies of payment vouchers of costs of training in occupational safety and hygiene.
Article 26. Procedures for processing application for support for costs of training in occupational safety and hygiene
1. The employer shall directly submit the application prescribed in Article 25 of this Decree, together with originals of payment vouchers for comparison, to relevant Department of Labour – Invalids and Social Affairs.
2. Within 05 working days from the date on which the valid application is received, relevant Department of Labour – Invalids and Social Affairs shall decide the support rate for costs of training in occupational safety and hygiene. In a case of refusal to give support, such Department of Labour – Invalids and Social Affairs shall specify its reasons in writing.
3. Within 05 working days from the date on which the decision on support for training in occupational safety and hygiene is granted, the social security agency shall give the support amount upon the granted decision.
Section 5. CONDITIONS, SUPPORT RATE, DOCUMENTS AND PROCEDURES FOR SUPPORT FOR RE-INVESTIGATION INTO OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL DISEASES AT THE REQUESTS OF SOCIAL SECURITY AGENCIES
Article 27. Conditions for support
The support for costs of re-investigation into occupational accidents or occupational diseases at the requests of the social security agencies as regulated in Point c Clause 2 Article 56 of the Law on occupational safety and hygiene shall be given if all of the following conditions are satisfied:
1. The re-investigation into occupational accidents or occupational diseases must be conducted by competent authorities at the requests of the social security agencies;
2. Occupational accidents and occupational diseases under the re-investigation are not complaints or denunciations under the authority of competent state agencies.
Article 28. Support rate and contents
The insurance fund for occupational accidents and occupational diseases shall pay 100% of the costs of re-investigation into occupational accidents and occupational diseases, including travel expenses, costs for hiring experts and expert examinations as regulated by prevailing laws.
Article 29. Application for support
1. Decision on establishment of occupational accident or occupational disease re-investigation team;
2. Decision on establishment of occupational accident or occupational disease re-investigation team;
3. Certified copies of payment vouchers of re-investigation costs as regulated.
Article 30. Procedures for processing application for support
1. The social security agency shall send written request for re-investigation into an occupational accident or occupational disease to a competent state agency.
2. Based on the request of the social security agency, the competent state agency in charge of labour - invalids and social affairs shall consider and decide the establishment of an occupational accident re-investigation team; or the competent state agency in charge of health affairs shall consider and decide the establishment of an occupational disease re-investigation team.
3. The competent state agency establishing the re-investigation team shall prepare and send the plan or estimate of re-investigation costs to the relevant social security agency in order to get a maximum advance at 80% of re-investigation costs.
4. The competent state agency that establishes the re-investigation team as regulated in Clause 2 of this Article shall, upon the completion of re-investigation, send documents of payment of re-investigation costs as prescribed in Article 29 of this Decree to the social security agency.
5. Within 07 working days from the date on which required documents are received in sufficient and valid manner, the social security agency shall give support for costs of re-investigation into occupational accident or occupational disease.
Tìm kiếm
Nghị định 37/2016/NĐ-CP hướng dẫn Luật an toàn, vệ sinh lao động về bảo hiểm tai nạn lao động, bệnh nghề nghiệp bắt buộc (Bản Word)
Nghị định 37/2016/NĐ-CP hướng dẫn Luật an toàn, vệ sinh lao động về bảo hiểm tai nạn lao động, bệnh nghề nghiệp bắt buộc (Bản Pdf)