Chương III Nghị định 88/2020/NĐ-CP: Hỗ trợ chuyển đổi nghề nghiệp và các hoạt động phòng ngừa, chia sẻ rủi ro về tai nạn lao động, bệnh nghề nghiệp

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.