Nghị định 88/2020/NĐ-CP hướng dẫn Luật An toàn, vệ sinh lao động về bảo hiểm tai nạn lao động, bệnh nghề nghiệp bắt buộc

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 88/2020/ND-CP	Hanoi, July 28, 2020

 

DECREE

ELABORATING SOME ARTICLES OF THE LAW ON OCCUPATIONAL SAFETY AND HEALTH ON COMPULSORY INSURANCE FOR OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Social Insurance dated November 20, 2014;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government hereby promulgates a Decree to elaborate some Articles of the Law on Occupational Safety and Health on compulsory insurance for occupational accidents and occupational diseases.

Chapter I

GENERAL

Article 1. Scope

This Decree elaborates some Articles the Law on Occupational Safety and Health on compulsory insurance for occupational accidents and occupational diseases covering employees who sign employment contracts with multiple employers; employees who contract an occupational disease after their retirement or no longer do the jobs posing risk of occupational diseases; assistance from the Occupational Accident and Occupational Disease Insurance Fund (hereinafter referred to as “the Insurance Fund”); management of the Insurance Fund; rights and responsibilities of relevant entities for providing compulsory occupational accident and disease insurance benefits.

Article 2. Regulated entities

1. Officials, public employees and employees specified in Points a, b, c, d, dd, e and h Clause 1 Article 2 of the Law on Social Insurance 2014 participating in compulsory occupational accident and disease insurance (hereinafter referred to as “employees”), consisting of:

a) Officials and public employees regulated in the law on officials and public employees;

b) Officers, non-commissioned officers of the people’s army; professional officers and enlistees and technical officers and enlistees of the people’s public security; cipher officers who are salaried like army personnel;

c) Enlistees and soldiers of the people's army; enlistees and soldiers on definite term service in the people’s public security; army, public security and cipher cadets who are entitled to subsistence allowance;

d) Defense workers, public security workers and persons doing other jobs in cipher organizations;

dd) Persons working under indefinite-term employment contracts and employments contracts with a fixed term of at least 03 months and persons working under employment contracts with a fixed term of from 01 month to less than 03 months. This point excludes domestic workers;

e) Salaried managers of enterprises and cooperatives.

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

3. Entities involved in insurance for occupational accidents and occupational diseases.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “occupational health facility” refers to a health facility that satisfies all conditions for occupational disease examination and treatment as prescribed by the law on medical examination and treatment.

2. “occupational rehabilitation” refers to a process of functional rehabilitation for the employees mentioned in this Decree.

3. “occupational rehabilitation facility” refers to a health facility that satisfies all conditions for providing functional rehabilitation services as prescribed by the law on medical examination and treatment.

4. “legitimate copy” refers to a copy from the master register or certified true copy from the original or a copy that has been compared with the original.

Chapter II

OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE BENEFITS

Article 4. Occupational accident and disease insurance benefits for employees signing contracts with multiple employers

1. If employer who signs an employment contract with multiple employers as prescribed in Clause 2 Article 43 of the Law on Occupational Safety and Health and is a victim of an occupational accident or occupational disease, he/she will be provided with the following benefits by the Insurance Fund:

a) The benefits specified in Section 3 Chapter III of the Law on Occupational Safety and Health for the employees participating in compulsory insurance, including: Costs of assessing his/her occupational injury or disease; monthly or lump sum benefits; attendance benefits; assistance in living aids or orthopedic devices; convalescence and health rehabilitation benefits; insurance benefits in connection with his/her death due to the occupational accident; payment of health insurance premiums for the employee who takes leave and receives monthly occupational accident or occupational disease benefits;

b) Assistance in career change; occupational examination and treatment; occupational rehabilitation; provision of occupational safety and health training as specified in Chapter III hereof.

2. The salary as the basis for calculation of monthly or lump sum occupational accident or occupational disease benefits specified in Point a Clause 1 of this Article shall be determined as prescribed in Point d Clause 7 Article 11 hereof.

3. Applications, conditions and procedures for receiving occupational accident and disease insurance benefits for employees signing contracts with multiple employers are as follows:

a) Applications, conditions and procedures for receiving the benefits specified in Point a Clause 1 of this Article are specified in Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 57, 58, 59, 60 and 61 of the Law on Occupational Safety and Health;

b) Conditions, applications and procedures for receiving the benefits specified in Point b Clause 1 of this Article are specified in Chapter III hereof.

4. The Ministry of Labor, War Invalids and Social Affairs shall provide specific guidelines for the method of calculating occupational accident or occupational disease benefits upon the first assessment, re-assessment and general assessment of the injury or disease caused by an occupational accident or occupational disease to an employee signing employments contract with multiple employers.

Article 5. Benefits for employees who contract an occupational disease after their retirement or no longer do the jobs posing risk of occupational diseases

1. An employee who has retired or resigned or worked for another employer and then suspects or finds symptoms of an occupational disease caused by his/her dangerous job which poses a risk of occupational disease may undergo a medical examination and assessment of his/her whole person impairment (WPI) caused by the occupational disease as follows:

a) The employee who has retired or resigned shall send a copy of his/her personal heath record to an occupational health facility for examination of the occupational disease (with an original for comparison). After the medical examination result is available, the occupational health facility shall complete the employee’s occupational disease record according to regulations of the Ministry of Health;

b) The employee who has worked for another employer shall send his/her personal health record to an occupational health facility for examination of the occupational disease. If the medical examination result shows that he/she contracts an occupational disease, the employee or his/her current employer shall prepare an occupational disease record based on the employee’s personal health record;

c) After having the occupational health record, the employee shall, on his/her own initiative, take a medical examination or requests the unit for which the employee has worked or is working to introduce a health facility for assessment of his/her WPI.

2. If the employee's record does not contain any data on the occupational environment monitoring at the time on which the employee was doing the job that pose a risk of occupational disease or the data on the occupational environment monitoring or the personal health record has been lost, before implementing the regulations set out in Clause 1 of this Article, the employee or his/her current employer shall send a written request for occupational disease verification to a competent health authority in compliance with guidelines of the Minister of Health.

If the competent health authority certifies that the employee has an occupational disease, the occupational health facility shall conduct a diagnosis and specify the certification given by such competent health authority in the occupational disease examination report.

3. If an employee contracts an occupational disease as prescribed in Clause 1 of this Article, the Insurance Fund shall provide the following benefits to the employee or his or her relatives:

a) The benefits specified in Section 3 Chapter III of the Law on Occupational Safety and Health for an employee participating in compulsory insurance, including: Costs of assessing his/her occupational injury or disease; monthly or lump sum benefits; attendance benefits; assistance in living aids or orthopedic devices; convalescence and health rehabilitation benefits; insurance benefits in connection with his/her death due to the occupational disease; payment of health insurance premiums for the employee who takes leave and receives monthly occupational disease benefits;

b) 100% of the costs of examination of the occupational disease 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 after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year.

c) 100% of the costs of treatment of the occupational disease 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 after health insurance payout has been provided; the assistance is provided to each employee twice at the maximum and only once a year.

4. An employee is entitled to the benefits specified in Clause 3 of this Article if the following conditions are met:

a) An occupational disease is discovered during the coverage period according to regulations of the Minister of Health;

b) He/she participated in compulsory social insurance during the period he/she did the job causing the occupational disease prescribed in Point a of this Clause;

c) He/she suffers from WPI of at least 5% due to the occupational disease, in the cases where the benefits specified in Point a Clause 3 of this Article may be provided. 

5. An application for occupational disease benefits in the case specified in Point a Clause 3 of this Article includes:

a) An application form made by the employee who has retired or resigned using the Form No. 01 in the Appendix hereof; or a written request made by the current employer using the form promulgated by the Vietnam Social Security if the employee who has worked for another employer;

b) A WPI assessment report prepared by the Medical Examination Council.

6. An application for costs of occupational disease examination or treatment in the case specified in Point b or c Clause 3 of this Article includes:

a) An application form made by the employee who has retired or resigned using the Form No. 02 in the Appendix hereof; or a written request made by the current employer according to Clause 1 Article 18 and Clause 2 Article 22 of this Decree if the employee has worked for another employer;

b) The documents mentioned in Clause 2 Article 18 and Clause 2 Article 22 of this Decree;

c) A copy of the hospital discharge paper or copy of the medical record after the occupational disease treatment;

d) Originals of documents evidencing payment of costs of occupational disease examination or treatment.

7. Sequence of providing occupational disease benefits

a) If there is a sufficient application as prescribed in Clause 5 of this Article, the employee or his/her current employer shall submit it to the social security office for provision of benefits within the time limit specified in Article 59 of the Law on Occupational Safety and Health.

b) If there is a sufficient application as prescribed in Clause 6 of this Article, the employee or his/her current employer shall submit it to the Department of Labor, War Invalids and Social Affairs for provision of benefits according to the sequence specified in Clauses 2 and 3 Article 19 and Clauses 2 and 3 Article 23 of this Decree.

8. The period of entitlement to occupational disease benefits begins from the month in which a conclusion from the Medical Examination Council is given.

9. The Minister of Health shall provide professional guidelines for verifying an occupational disease in the case where the data on the occupational environment monitoring is not available or has been lost or the employee’s personal health record or medical record has been lost.

Article 6. Application for death benefits prescribed in Article 53 of the Law on Occupational Safety and Health for an employee having a traffic accident while performing a task or on the way to or from the working location

1. A social insurance book.

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

3. Declaration of the relatives and minutes of their meeting in the case of eligibility for the monthly death benefits but selection of lump sum death benefits.

4. An occupational accident investigation report.

Article 7. Application for occupational accident or occupational disease benefits for an employee undergoing a re-assessment after his/her injury or disease relapses

1. A social insurance book if the victim of the occupational accident or occupational disease has undergone an assessment but if his/her WPI is not qualified for benefits; a legitimate copy of the application for occupational accident or occupational disease benefits if the employee has received the occupational accident or occupational disease benefits

2. An occupational accident investigation report; in a case where the employee met with a traffic accident which was considered as an occupational accident, one of the following documents is required: a scene examination report, a traffic accident scene diagram or a traffic accident report of the police authority or military criminal investigating body if the employee’s treatment was done or if the employee was discharged from hospital before July 01, 2016 and the previous assessment stated that the employee’s WPI is not qualified for benefits.

3. Results of monitoring of the occupational environment if the employee’s treatment was done or if the employee was discharged from hospital before July 01, 2016 and the previous assessment stated that the employee’s WPI is not qualified for benefits.

4. The latest WPI assessment report given by Medical Examination Council, if the employee’s WPI was not qualified for benefits.

5. A report on re-assessment of employee’s WPI given by Medical Examination Council.

6. An indication provided by the health facility or orthopaedic and functional rehabilitation facility in accordance with regulations on supply of living aids and orthopaedic devices (if any).

Article 8. Application for an employee undergoing a general assessment as a result of having an occupational accident or occupational disease again

1. A social insurance book; a legitimate copy of the application for occupational accident or occupational disease benefits if the employee has received the occupational accident or occupational disease benefits.

2. A hospital discharge paper or copy of the medical record after having been treated for the accident or disease on the last inpatient occasion.

3. An occupational accident investigation report; in a case where the employee met with a traffic accident which was considered as an occupational accident, one of the following documents is required: a scene examination report, a traffic accident scene diagram or a traffic accident report of the police authority or military criminal investigating body if the employee’s treatment was done or if the employee was discharged from hospital before July 01, 2016 but has not undergone a WPI assessment.

4. Results of monitoring of the occupational environment if the employee’s treatment was done or if the employee was discharged from hospital before July 01, 2016 but has not undergone a WPI assessment.

5. A report on general assessment of WPI given by Medical Examination Council; if the employee's previous WPI has not been qualified for benefits, such an assessment report is also required.

6. A claim on occupational accident or disease benefits made using the prescribed form as to the last occupational accident or disease; if the claim on benefits made for the previous occupational accident or disease has not been settled, a claim made by the unit in the place where the previous occupational accident or disease occurs is also required.

7. An indication provided by the health facility or orthopaedic and functional rehabilitation facility in accordance with regulations on supply of living aids and orthopaedic devices (if any).

Article 9. Days of leave for convalescence and health rehabilitation after injury or disease treatment

1. The number of days of leave for convalescence and health rehabilitation after injury or disease treatment specified in Article 54 of the Law on Occupational Safety and Health includes public holidays and weekends prescribed by the labor laws.

2. If an employee does not take leave, he/she is not entitled to the benefits for convalescence and health rehabilitation after injury or disease treatment.

Article 10. Participation in the Insurance Fund

1. If an employee who is sent to study or for probation or to work domestically or overseas and still salaried or whose work is suspended or who is awaiting job but still salaried, he/she must still pay his/her insurance premiums to the Insurance Fund for the period of the employee's study, probation, working trip, work suspension or waiting for work.

2. If an employee meets with an occupational accident within the first month of payment of his/her insurance premiums to the Insurance Fund or within the first month of returning to work and payment of his/her insurance premiums to the Insurance Fund after the period of interruption of insurance premium payment due to termination of the employment contract, the employer must pay the insurance premiums to the Insurance Fund for such months.

3. While an employee has taken leave period due to an occupational accident or occupational disease for treatment and functional rehabilitation, his/her employer must pay full salary to the employee under the employment contract as prescribed in Clause 3 Article 38 of Law on Occupational Safety and Health.

4. The employer must full pay occupational accident or occupational disease insurance premiums, including the prescribed interests regarding an employee who is eligible for occupational accident and disease benefits or who terminates his/her employment contract or job contract to provide benefits to the employee in a timely manner.

Article 11. Period of time and monthly salary as the basis for calculation of occupational accident and disease benefits

1. The period of time as the basis for calculation of occupational accident or occupational disease benefits is total period of payment of insurance premiums to the Insurance Fund, except the overlapping period of different employment contracts over which insurance premiums are paid; if the period of insurance premium payment has intervals, they shall be accumulated; the period of time over which the employee held any of the titles prescribed in the Decree No. 09/1998/ND-CP dated January 23, 1998 before January 01, 1998 and was entitled to social insurance benefits shall be included in the period for calculation of occupational accident or occupational disease benefits.

2. For the period of time over which an employee takes leave and enjoys his/her sickness benefits as prescribed by the Law on Social insurance and over which an employee does not work or takes unpaid leave for at least 14 working days in a month, the employer is not required to pay insurance premiums to the Insurance Fund for such month and such month is not included in the period of time over which insurance premiums are paid to the Insurance Fund, except for the case specified in Clause 2 Article 3 hereof.

3. For the period of time over which an employee takes maternity leave as prescribed by the Law on Social insurance for at least 14 days in a month, the employer is not required to pay insurance premiums to the Insurance Fund, but that month is included in the period of time over which insurance premiums are paid to the Insurance Fund. To be specific:

a) If the employment contract of an employee expires while he/she is on maternity leave, the period of entitlement to maternity benefits beginning from the time off to the expiry of the employment contract shall be included in the period of time over which insurance premiums are paid to the Insurance Fund, but the period of maternity leave after the expiry of the employment contract shall not be included in the period of premium payment.

b) The period of time over which an employee received maternity benefits and terminated her employment contract or working contract or resigned before the time of childbirth or adoption of a child aged under 6 months under Clause 4 Article 31 of the Law on Social Insurance shall not be included in the period of time over which insurance premiums are paid to the Insurance Fund;

c) If a female employee goes back to work before expiry of her maternity leave as prescribed, the period of time over which the employee is entitled to maternity benefits beginning from the time off to the time of returning to work before expiry of her maternity leave shall be included in the period of time over which insurance premiums are paid to the Insurance Fund, from the time of returning to work before expiry of her maternity leave, the employee is still entitled to maternity benefits until expiry of the period mentioned in Clause 1 or Clause 3 Article 34 of the Law on Social Insurance and the employer is still required to pay insurance premiums to the Insurance Fund;

d) If a father or direct fosterer, intended parent who is entitled to maternity benefits does not take leave, the employer is still required to pay insurance premiums to the Insurance Fund.

4. If an employee is kept in temporary detention or is suspended from work, thereby resulting in suspension of participation in the Insurance Fund but if full premiums are then paid for the period of temporary detention or work suspension in accordance with regulations of the Law on Social Insurance, the period of payment of full premiums shall be included in the period of time over which such premiums were paid.

5. The insurance premium payment period that is taken to receive lump-sum social insurance payout shall not be included in the period of time as the basis for calculation of occupational accident and disease benefits.

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

a) If an employee meets with an occupational accident, the total number of years of payment of premiums to the Insurance Fund is determined until the month preceding the month of the occupational accident;

b) If an employee suffers from an occupational disease, the total number of years of payment of premiums to the Insurance Fund is determined until the month preceding the month of doing the job causing such occupational disease;

c) If an employee enters into employment contracts simultaneously with multiple employers, the overlapping period of different employment contracts over which insurance premiums are paid to the Insurance Fund shall not add up;

d) A year means a period of 12 months of payment of insurance premiums to the Insurance Fund.

7. Salary for payment of premiums into the Insurance Fund as the basis for calculation of occupational accident or disease benefits shall be determined as follows:

a) The salary is the monthly salary of the month immediately preceding the month in which the occupational accident occurred or the employ met with the occupational disease; if an employee meets with an occupational accident within the first month of payment of his/her insurance premiums to the Insurance Fund or meets with an occupational accident or suffers from an occupational disease within the first month of returning to work and payment of his/her insurance premiums to the Insurance Fund after the period of interruption of insurance premium payment due to termination of the employment contract, the salary as the basis for calculation of benefits shall be the salary of such month;

b) The salary is the salary of the last month in which premiums were paid to the Insurance Fund for a job causing the occupational disease in the case where the employee contracted the disease after retirement or after no longer working in the job posing a risk of occupational disease;

c) If an employee whose salary is paid by the State started to participating in social insurance before January 1, 2016, the monthly salary as the basis for calculation of benefits shall be determined according to the coefficient and allowance (if any) multiplied by (x) statutory pay rate at the time of entitlement to the allowance;

d) If an employee enters into employment contracts simultaneously with multiple employers, the salary as the basis for calculation of benefits is the sum of the salaries as basis for payment of insurance premiums to the Insurance Fund of all employment contracts in the month preceding the month of the last occupational accident or occupational disease but not exceeding 20 times the statutory pay rate.

Chapter III

ASSISTANCE IN CAREER CHANGE AND RISK PREVENTION AND RISK SHARING WITH RESPECT TO OCCUPATIONAL ACCIDENTS AND DISEASES

Section 1. ASSISTANCE IN CAREER CHANGE FOR VICTIMS OF OCCUPATIONAL ACCIDENTS AND DISEASES

Article 12. Conditions for receipt of assistance in career change for victims of occupational accidents and diseases upon their returning to work

An employer shall be provided with financial assistance in career change training for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

1. The employee suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

2. The employer offers the employee a new job under the management of the employer suitable for the employee’s health and expectation but the job requires vocational training before the change;

3. The employee is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

Article 13. Level of assistance the power to decide assistance in career change

1. The tuition fees prescribed in Clause 2 Article 55 of the Law on Occupational Safety and Health are calculated on the basis of prices of vocational training services in accordance with regulations of the competent authority.

2. The Department of Labor, War Invalids and Social Affairs shall decide to provide assistance to each entity as follows:

a) The maximum assistance is 50% of the tuition fees but must not exceed 15 times the statutory pay rate;

b) The assistance is provided to each employee twice at the maximum and only once a year.

Article 14. Application for assistance in career change

1. An application form for financial assistance in career change training for employees having occupational accident or disease, which is made using the Form No. 03 in the Appendix hereof.

2. A certified true copy of the WPI assessment report given by the Medical Examination Council.

3. Certified true copies of documents evidencing payment of tuition fees as prescribed.

Article 15. Sequence of providing assistance in career change

1. The employer shall submit 01 application prescribed in Article 14 hereof to the Department of Labor, War Invalids and Social Affairs.

2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 04 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in career change training to the employer. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

Section 2. ASSISTANCE IN OCCUPATIONAL DISEASE EXAMINATION AND TREATMENT

Article 16. Conditions for receipt of financial assistance in occupational disease examination for employees

An employer shall be provided with financial assistance in occupational disease examination for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

1. The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.

2. The employee is diagnosed with an occupational disease by an occupational health facility.

Article 17. Level of financial assistance in occupational disease examination

1. The assistance is 50% of the costs of examination of the occupational disease 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 after health insurance payout has been provided, but the assistance must not exceed VND 800,000 per person per examination.

2. The assistance is provided to each employee twice at the maximum and only once a year.

Article 18. Application for financial assistance in occupational disease examination

1. An application form for financial assistance in occupational disease examination, which is made using the Form No. 05 in the Appendix hereof.

2. A certified true copy of the occupational disease record from the occupational health facility.

3. Copies of documents evidencing payment of costs of occupational disease examination.

Article 19. Sequence of providing financial assistance in occupational disease examination

1. If the conditions specified in Article 16 are satisfied, the employer shall submit 01 application prescribed in Article 18 hereof to the Department of Labor, War Invalids and Social Affairs.

2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 06 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the employer or employee who submitted the application.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational disease examination to the employer or employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

Article 20. Conditions for receipt of financial assistance in occupational disease treatment for employees

An employer shall be provided with financial assistance in occupational disease treatment for an employee as prescribed in Point a Clause 2 Article 56 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:

1. The employee is diagnosed with an occupational disease by an occupational health facility;

2. The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance;

3. The employee participated in compulsory social insurance during the period he/she did the job causing the occupational disease prescribed in Clause 1 of this Article.

Article 21. Level of financial assistance in occupational disease treatment

1. The assistance is 50% of the costs of treatment of the occupational disease determined on the basis of list of prices of occupational disease treatment promulgated by Minister of Health at the time on which the employee had the occupational disease treatment and after health insurance payout has been provided, but such assistance must not exceed VND 15,000,000 per person.

2. The assistance is provided to each employee twice at the maximum and only once a year.

Article 22. Application for financial assistance in occupational disease treatment

1. An application form for financial assistance in occupational disease treatment, which is made using the Form No. 07 in the Appendix hereof.

2. A certified true copy of the document certifying the employee contracts an occupational disease from the occupational health facility.

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

4. Copies of documents evidencing payment of costs of occupational disease treatment.

Article 23. Sequence of providing financial assistance in occupational disease treatment

1. If the conditions specified in Article 20 are satisfied, the employer shall submit 01 application prescribed in Article 22 hereof to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment for comparison purpose.

2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 08 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the employer or employee.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational disease treatment to the employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

Section 3. ASSISTANCE IN OCCUPATIONAL REHABILITATION

Article 24. Conditions for financial assistance in occupational rehabilitation

An employee shall be provided with financial assistance in occupational rehabilitation as prescribed in Point b Clause 2 Article 56 of the Law on Occupational Safety and Health if the following conditions are satisfied:

1. A health facility has recommended occupational rehabilitation;

2. He/she suffers from WPI of at least 31% as a result of the occupational accident or occupational disease;

3. He/she is participating in occupational accident and occupational disease insurance in accordance with the law at the time of having the occupational accident or occupational disease.

Article 25. Level of financial assistance in occupational rehabilitation

1. The assistance is 50% of the costs of occupational rehabilitation determined on the basis of list of prices of occupational rehabilitation promulgated by Minister of Health at the time of occupational rehabilitation and after health insurance payout has been provided, but such assistance must not exceed VND 3,000,000 per person per time.

2. The assistance is provided to each employee twice at the maximum and only once a year.

Article 26. Application for financial assistance in occupational rehabilitation

1. An application form for financial assistance in occupational rehabilitation, which is made using the Form No. 09 in the Appendix hereof.

2. In the case of referral between hospitals, a certified true copy of the referral letter from the hospital to the occupational rehabilitation unit of another health facility; in the case of a hospital that has a rehabilitation department, a certified true copy of the medical record stating that the patient is referred to the rehabilitation department.

3. Copies of documents evidencing payment of costs of occupational rehabilitation, excluding funding for rehabilitation equipment.

Article 27. Sequence of providing financial assistance in occupational rehabilitation to employees

1. The employer shall submit 01 application prescribed in Article 26 hereof to the Department of Labor, War Invalids and Social Affairs, including the originals of documents evidencing payment for comparison purpose.

2. Within 05 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 10 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational rehabilitation to the employee. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

Section 4. ASSISTANCE IN RE-INVESTIGATION INTO AN OCCUPATIONAL ACCIDENT OR OCCUPATIONAL DISEASE AT THE REQUEST OF THE SOCIAL SECURITY OFFICE

Article 28. Cases in which financial assistance is provided for re-investigation into an occupational accident or occupational disease

Financial assistance shall be provided as prescribed in Point c Clause 2 Article 56 of the Law on Occupational Safety and Health in the cases where a competent authority conducts a re-investigation into an occupational accident or occupational disease at the request of the social security office; except for the case of a complaint or denunciation which is settled by a regulatory authority.

Article 29. Level of financial assistance and time limit for re-investigation into an occupational accident or occupational disease

1. The Insurance Fund shall pay 100% of the funding for re-investigation into an occupational accident or occupational disease in accordance with applicable regulations, including”

a) Travel expenses for persons joining the investigation team;

b) Costs of hiring experts and fees for expert examination;

c) Fees for printing documents concerning the occupational accident or occupational disease.

2. The time limit for re-investigating an occupational accident or occupational disease shall not exceed 60 days unless otherwise agreed upon between the social security office and the authority that has the power to organize the re-investigation.

Article 30. Application for financial assistance in re-investigation into an occupational accident or occupational disease

1. A written request for re-investigation submitted by the social security office; an agreement on time limit for re-investigation (if any).

2. A decision to establish the investigation team.

3. An occupational accident or occupational disease re-investigation report.

4. Originals of payment documents evidencing costs of the re-investigation prescribed by law.

Article 31. Sequence of providing financial assistance in re-investigation into an occupational accident or occupational disease

1. A social security office shall submit a written request for re-investigation into an occupational accident or occupational disease to a competent authority.

2. Based on the request from the social security office, the labor authority shall consider deciding to establish an occupational accident investigation team or the health authority shall consider deciding to establish an occupational disease investigation team with participation by a representative of the social security office.

3. The authority that has the power to establish the investigation team shall prepare a plan and estimate of financial assistance and send them to the social security office to advance up to 80% of the funding for investigation.

4. After conducting the re-investigation, the authority that has the power to establish the investigation team as prescribed in Clause 2 of this Article shall send an application prescribed in Article 30 of this Decree to the social security office.

5. Within 07 working days from the receipt of a valid and sufficient application, the social security office shall provide financial assistance in re-investigation into the occupational accident or occupational disease.

Section 5. ASSISTANCE IN OCCUPATIONAL SAFETY AND HEALTH TRAINING

Article 32. Conditions for financial assistance in occupational safety and health training

An employer shall be provided with financial assistance in occupational safety and health training as prescribed in Clause 4 Article 56 of the Law on Occupational Safety and Health if the following conditions are satisfied:

1. The employer has continuously paid occupational accident and disease insurance premiums for employees for whom training assistance is requested for at least 12 months up to the month of request for financial assistance in occupational safety and health training.

2. The employer hires a qualified training organization as prescribed to provide occupational safety and health training or itself provides the training to employees for whom training assistance is requested for the first time or provides periodical training in accordance with applicable regulations of law.

3. The employer has submitted periodic reports on occupational safety and health work and reports on occurrences of occupational accidents of the year preceding the year of request to the Department of Labor, War Invalids and Social Affairs in accordance with law.

Article 33. Rules for providing financial assistance in occupational safety and health training

1. Persons entitled to assistance in training as prescribed in Point d Clause 2 Article 56 of the Law on Occupational Safety and Health include managers responsible for occupational safety and health; employees responsible for occupational safety and health work; health workers; occupational safety and health officers and employees doing work subject to strict occupational safety and health requirements.

2. If the employee works for multiple employers, each employer participating in occupational accident and disease insurance is entitled to receive financial assistance in provision of training to the employee.

3. The financial assistance shall be only provided for the training activities completed before the time of the request for assistance and not more than 01 year before the year of the request for assistance, and the employer has continuously paid occupational accident and disease insurance premiums for the employees from the time of training up to the time of the request for assistance.

Article 34. Level of financial assistance in occupational safety and health training

An employer is entitled to a maximum lump sum financial assistance within 24 months at a rate of 70% of the actual costs of training for each employee eligible for training assistance, but not exceeding the following:

1. Assistance in initial training:

a) Not exceeding VND 150,000 per person, for the person to be trained who is a safety and health officer;

b) Not exceeding VND 300,000 per person, for the person to be trained who is a manager responsible for occupational safety and health or a health worker;

c) Not exceeding VND 600,000 per person, for the person to be trained who does work subject to strict occupational safety and health requirements;

d) Not exceeding VND 700,000 per person, for the person to be trained who is a person responsible for doing occupational safety and health work.

2. The financial assistance in periodic training shall not exceed 50% of that in initial training prescribed in Clause 1 of this Article.

Article 35. Application for financial assistance in training

1. An application form for financial assistance in training, which is made using the Form No. 11 in the Appendix hereof.

2. Copies of files and documents proving the provision of training in accordance with law and actual costs incurred in connection with the occupational safety and health training for persons for whom training assistance is requested.

Article 36. Sequence of providing financial assistance in occupational safety and health training

1. The employer shall submit 01 application prescribed in Article 35 hereof to the Department of Labor, War Invalids and Social Affairs according to the Form No. 11 in the Appendix hereof (enclosed with a list of employees receiving the assistance), including the originals of documents evidencing payment for comparison purpose.

2. Within 15 working days from the receipt of a valid and sufficient application, the Department of Labor, War Invalids and Social Affairs shall appraise it and issue a decision to provide assistance according to the Form No. 12 in the Appendix hereof and send the decision (enclosed with a list of employees receiving the assistance) to the social security office. In the case of refusal, a written explanation shall be provided to the applicant.

3. Within 05 working days from the receipt of the decision from the Department of Labor, War Invalids and Social Affairs, the social security office shall provide financial assistance in occupational safety and health training to the employer. In the case of refusal, a written explanation shall be provided to the Department of Labor, War Invalids and Social Affairs.

4. The Minister of Finance shall provide guidelines for providing financial assistance in training and instruct business establishments to do accounting for the financial assistance provided by the Insurance Fund in accordance with regulations of law.

Chapter IV

PLAN ON FINANCIAL ASSISTANCE IN RISK PREVENTION AND SHARING WITH RESPECT TO OCCUPATIONAL ACCIDENTS AND DISEASES AND EXPENSES FOR MANAGEMENT OF OCCUPATIONAL ACCIDENT AND DISEASE INSURANCE

Article 37. Rules for assigning a plan on and using financial assistance in risk prevention and sharing with respect to occupational accidents and diseases

1. A plan on financial assistance in risk prevention and sharing shall be assigned on the basis of the following rules:

a) The local government, on its own initiative, prepares and proses an assistance plan;

b) Priority is given to providing financial assistance in occupational disease examination and treatment, occupational rehabilitation and prevention activities aimed at sectors and fields at risk of occupational accidents and diseases under the guidance of the Ministry of Labor, War Invalids and Social Affairs;

c) Priority is given to the application of information technology by the local government and employees to management of occupational safety and health; and their compliance with regulations on reporting and provision of financial assistance as prescribed by law.

2. Upon using of financial assistance in risk prevention and sharing, priority should be given to occupational disease examination and treatment, occupational rehabilitation and re-investigation into occupational accidents and diseases.

Article 38. Preparation of a plan on financial assistance in risk prevention and sharing with respect to occupational accidents and diseases

1. On an annual basis, before June 01, every Department of Labor, War Invalids and Social Affairs of province or central-affiliated city and relevant agencies shall forecast demands for use of financial assistance in career change and risk prevention and sharing and expenses for management of occupational accident and disease of the subsequent year and prepare a proposal plan according to the Form No. 13 in the Appendix hereof and send it to the Ministry of Labor, War Invalids and Social Affairs for consideration and decision.

2. The making of estimate, allocation, management, use and provision of funds from the Insurance Fund shall comply with the Prime Minister’s regulations on regimes for financial management of social insurance, health insurance, unemployment insurance and expenses for management of social insurance, health insurance and unemployment insurance.

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

The expenses for management of occupational accident and disease insurance shall comply with Article 90 of the Law on Social Insurance and regulations of law on financial management of Vietnam Social Security.

Chapter V

RIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND EMPLOYERS

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

1. Decide and be responsible to the Prime Minister for the plan on assistance from the Insurance Fund on the basis of proposals from Departments of Labor, War Invalids and Social Affairs and reports of social security offices.

2. Take charge and cooperate with relevant authorities in organizing and providing instructions on dissemination of policies and laws on occupational accidents and diseases; provide training and guidelines for implementation of measures to prevent and share risks related to occupational accidents and diseases, improve working conditions in implementing policies on occupational accident and disease insurance.

3. Consolidate results of implementation of policies on assistance from the Insurance Fund and prepare a plan to propose the allocation of financial assistance and management funding to local authorities on the basis of the revenue estimates of the year of allocation, actual expenditures of the previous year, occurrences of occupational accidents and diseases and compliance with the law on occupational safety and health by local authorities.

4. Before December 31, according to the objectives for occupational accident and disease prevention and control and groups of business lines and fields that need assistance, promulgate documents to instruct local authorities to prepare plans and carry out risk prevention and sharing with respect to occupational accidents and diseases.

5. Inspect and supervise implementation of policies and laws on occupational accident and disease insurance.

6. Settle complaints and denunciations on occupational accident and disease insurance in accordance with regulations of law.

7. Submit annual and ad hoc reports on implementation of policies on occupational accident and disease insurance to the Government.

8. Apply and modernize information technology and direct Departments of Labor, War Invalids and Social Affairs to do so with a view to ensuring that the data on occupational accident and disease insurance are shared by social security offices and carrying out electronic transactions in the field of occupational accident and disease insurance.

Article 41. Responsibilities of the Ministry of Health

1. Cooperate with relevant agencies in disseminating policies and laws on occupational accident and disease insurance.

2. Direct and provide instructions on occupational disease examination and treatment; occupational rehabilitation and investigation into occupational diseases at the request of social security offices.

3. Direct, provide instructions on and inspect assurance of quality of occupational disease examination and treatment and occupational rehabilitation.

4. Settle organizations and individuals’ complaints and denunciations about occupational disease examination and treatment and occupational rehabilitation.

Article 42. Rights and responsibilities of social security offices

1. Every social security office has the right to:

a) inspect the payment of premiums and enjoyment of benefits by employees and employers.

b) suggest competent authorities to prepare and amend regimes, policies and laws on assistance in prevention of occupational accidents and diseases; manage and use the Insurance Fund; impose or request competent authorities to impose penalties for violations against the law on occupational accident and disease insurance in accordance with law.

c) request re-investigation of occupational accidents and diseases.

d) Other rights prescribed by law.

2. Every social security office has the following responsibilities:

a) Encourage participation in occupational accidents and diseases; provide instructions on provision of financial assistance in occupational disease examination and treatment, occupational safety and health training and occupational rehabilitation.

b) Provide financial assistance under decisions of Departments of Labor, War Invalids and Social Affairs; promptly inform Departments of Labor, War Invalids and Social Affairs of fraud cases or cases of failure to satisfy the conditions for financial assistance in career change and risk prevention and sharing with respect to occupational accidents or diseases as prescribed in this Decree.

c) Make sure that the system of electronic information and data on occupational accident and disease insurance is connected to labor authorities so as to regularly update and share information in service of formulation of plans, inspection and appraisal of applications for assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases as prescribed in this Decree.

d) Manage and use the Insurance Fund; archive applications for assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases in accordance with regulations of law.

dd) Organize production of statistics and accounting work regarding occupational accidents and diseases.

e) before December 15, the provincial social security office shall consolidate revenue and expenditure results and the payment of financial assistance from the Insurance Fund of the whole year and submit a report to the provincial People’s Committee on provision of compulsory occupational accident and disease insurance benefits according to the Form No. 14 in the Appendix hereof.

g) On an annual basis, Vietnam Social Security shall consolidate revenue and expenditure results and the payment of financial assistance from the Insurance Fund of the previous year and make a revenue estimate of the Insurance Fund in a year and submit reports to the Social Insurance Management Council and the Ministry of Labor, War Invalids and Social Affairs on provision of compulsory occupational accident and disease insurance benefits; submit a report on management and use of the Compulsory Insurance Fund for Occupational Accidents and Diseases to the Ministry of Finance.

h) Settle complaints and denunciations about provision of compulsory occupational accident and disease insurance benefits.

i) Request Departments of Labor, War Invalids and Social Affairs to recover financial assistance that is provided improperly from the Insurance Fund because information serving search and approval for financial assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases is incorrect.

k) Exercise other rights as prescribed by law.

Article 43. Responsibilities of People's Committees of provinces and central-affiliated cities

1. Direct Departments of Labor, War Invalids and Social Affairs to:

a) take charge and cooperate with relevant agencies in forecasting demands for use of financial assistance and send them to the Ministry of Labor, War Invalids and Social Affairs for consideration and decision in accordance with Clause 1 Article 38 of this Decree; receive applications, appraise and decide the financial assistance in career change training, occupational disease examination and treatment, occupational rehabilitation and occupational safety and health training.

b) take charge and cooperate with relevant authorities in organizing and providing instructions on dissemination of policies and laws on occupational accidents and diseases; provide training and guidelines for implementation of measures to prevent and share risks related to occupational accidents and diseases within provinces under annual guidance of the Ministry of Labor, War Invalids and Social Affairs.

c) take charge and cooperate with competent authorities in re-investigating occupational accidents and cooperate with health authorities in investigation into occupational diseases at the request of the social security office.

d) Before January 30, publish a list of employers submitting occupational safety and health reports and occupational accident reports to the Department of Labor, War Invalids and Social Affairs; update the list of employers receiving the assistance (enclosed with the list of employees entitled to the assistance), publish assistance decisions on the website of the Department of Labor, War Invalids and Social Affairs.

dd) inspect the implementation of the law on occupational accident and disease insurance within provinces and impose penalties for violations in accordance with law.

e) settle complaints and denunciations on occupational accident and disease insurance in accordance with law.

g) decide to recover financial assistance from the Insurance Fund if any employer or employee is found ineligible to receive assistance under decisions issued by Departments of Labor, War Invalids and Social Affairs as prescribed in Chapter III hereof.

h) apply information technology to management of occupational accident and disease insurance; receive information serving search and approval for financial assistance in assistance in career change and risk prevention and sharing with respect to occupational accidents and diseases prescribed in this Decree, which is shared by the social security office.

i) suggest competent authorities to prepare and amend regimes, policies and laws on occupational accident and disease insurance.

k) submit annual and ad hoc reports to the Ministry of Labor, War Invalids and Social Affairs and provincial People’s Committees in accordance with law.

l) On an annual basis, preside over a meeting on assessment of implementation of assistance policies with the local social security office.

m) archive applications for assistance in career change and risk prevention and sharing with respect to occupational accidents or diseases in accordance with regulations of law.

n) Exercise other rights as prescribed by law.

2. Direct Departments of Health to:

a) cooperate with relevant agencies in disseminating policies and laws on occupational accident and disease insurance.

b) manage occupational disease examination and treatment and occupational rehabilitation within provinces.

c) cooperate with competent authorities in re-investigating occupational accidents at the request of the social security office.

d) settle organizations and individuals’ complaints and denunciations about occupational disease examination and treatment and occupational rehabilitation in accordance with law.

dd) provide documents and information relating to occupational disease examination and treatment and occupational rehabilitation at the request of competent authorities.

e) Exercise other rights as prescribed by law.

Article 44. Responsibilities of employers

1. Fully pay occupational accident and disease insurance premiums for employees in accordance with law.

2. Promptly prepare applications for benefits provided from the Insurance Fund to employees.

3. Fully provide benefits and financial assistance from the Insurance Fund to employees.

4. Use financial assistance in risk prevention and sharing with respect to occupational accidents and diseases for intended purposes and in an effective manner under law.

5. Refund the recovered financial assistance to the Insurance Fund under decisions of the Department of Labor, War Invalids and Social Affairs specified in Point I Clause 2 Article 42 and Point g Clause 1 Article 43 hereof.

Chapter VI

IMPLEMENTATION CLAUSE

Article 45. Effect

1. This Decree comes into force from September 15, 2020.

2. Persons who currently receive occupational accident or occupational disease benefits, and victims of occupational accident or occupational disease benefits who have finished their treatment and were discharged from hospital before July 01, 2016 shall be governed by regulations of the Law on Social Insurance 2014 and documents on guidelines for provision of occupational accident and disease benefits promulgated before January 01, 2016.

3. The Government's Decree No. 37/2016/ND-CP dated May 15, 2016 shall cease to have effect from the effective date of this Decree.

Article 46. Grandfather clauses

1. The period of payment of social insurance premiums from 30 June 2016 and earlier shall be considered as period of payment of insurance premiums for occupational accidents and occupational diseases as regulated in this Decree, except for persons who only make payment to the retirement and survivorship fund in accordance with the law on social insurance.

2. Employees working under employment contracts with a term of from 01 month to less than 03 months shall apply regulations herein as of January 01, 2018.

Article 47. Implementation

1. The Minister of Labor, War Invalids and Social Affairs, the Minister of Finance, the Minister of Health, and the Minister of Planning and Investment shall provide guidelines on the contents assigned to them in this Decree.

2. Vietnam Social Security shall submit annual reports on the use of Insurance Fund for Occupational Accidents and Occupational Diseases to the Ministry of Labor, War Invalids and Social Affairs.

3. Minister of National Defense and Minister of Public Security shall, within their jurisdiction, instruct and organize the implementation of this Decree after obtaining the consent of Minister of Labor, War Invalids and Social Affairs.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees at all levels and other relevant organizations and individuals are responsible for the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc