Chapter III
FINANCIAL ASSISTANCE FROM THE INSURANCE FUND
Article 12. Financial plans, management and statements
1. Annually, according to the estimate of revenue from the insurance fund, the Ministry of Labor, War Invalids and Social Affairs shall plan prevention and risk sharing associated with occupational accidents and diseases, provided not exceeding 10% of the revenue from the insurance fund.
2. Social Security of the Ministry of National Defense, Social Security of People's Public Security shall plan prevention and risk sharing associated with occupational accidents and diseases in the Ministry of National Defense and People's Public Security provided not exceeding 10% of the revenue from the insurance under management of Social Security of the Ministry of National Defense, Social Security of People's Public Security.
3. Annually, Vietnam Social Security shall make a consolidated report on financial assistance in prevention and risk sharing associated with occupational accidents and diseases in the year.
Article 13. Determination of trainees and plans for financial assistance in occupational safety and hygiene training
Procedures for approving proposed trainees and plan for financial assistance in occupational safety and hygiene training prescribed in Article 36 of Decree No. 37/2016/ND-CP shall be carried out as follows:
1. Before June 10, each employer seeking financial assistance in occupational safety and hygiene training for subsequent year shall file a document (using form No. II-01 of Appendix II) enclosed with a list of proposed trainees (using form No. II – 02 of Appendix II) to Department of Labor, War Invalids and Social Affairs of province where the employee is headquartered.
2. Before July 20, Department of Labor, War Invalids and Social Affairs shall consolidate proposals of employers, choose qualified trainees as prescribed, in conformity with local conditions and make a grand schedule of financial assistance in occupational safety and hygiene in the subsequent year and send it to the Bureau of Labor Safety affiliated to the Ministry of Labor, War Invalids and Social Affairs (using form No. II-03 of Appendix II).
3. Bureau of Labor Safety shall take charge and cooperate with relevant agencies in consolidating financial assistance in occupational safety and hygiene training of provinces. After 5 working days, from the date on which Vietnam Social Security receives a decision on revenue and expenditure estimate from the Prime Minister, Bureau of Labor Safety shall cooperate with Vietnam Social Security, according to expenditure estimate of the insurance fund in the planning year, in requesting the Ministry of Labor, War Invalids and Social Affairs to decide financial assistance provided for provinces in occupational safety and hygiene training, in industries requiring prevention of occupational accidents and diseases, and send the estimates to Vietnam Social Security in order for Vietnam Social Security to assign estimates to Social Security of provinces.
Article 14. Initiation of occupational safety and hygiene training
1. According to the approval for financial assistance in occupational safety and hygiene training of the Ministry of Labor, War Invalids and Social Affairs, the Department of Labor, War Invalids and Social Affairs shall give notices to business entities in industries requiring prevention of occupational accidents and diseases in accordance with guidance of the Ministry of Labor, War Invalids and Social Affairs.
2. According to priority trainees in accordance with guidance of the Ministry of Labor, War Invalids and Social Affairs and actual capacity of enterprises or occupational safety and hygiene training providers, employees may join training courses held by the enterprises or intensive training courses assigned by enterprises for economical purposes and in conformity with capacity of the local government.
3. The assistance plan shall be notified to enterprises eligible for occupational safety and hygiene training and social security agency of province (using form No. II - 04 of Appendix II).
4. If the number of trainees in an enterprise is not enough for a separate training course, the enterprise may request Department of Labor, War Invalids and Social Affairs to nominate trainees to attend joint training courses in company with those who in the same group of trainees of other enterprises.
According to the number of trainees registered by enterprises, Department of Labor, War Invalids and Social Affairs shall choose qualified training providers to hold training courses with participation of those in the same group of trainees from multiple enterprises.
The size, contents, curriculum, and other training conditions shall be done consistent with Decree No. 44/2016/ND-CP dated May 15, 2016.
Article 15. Applications for financial assistance from the insurance fund
1. If an employer wishes to apply for financial assistance in career change training for employee having occupational accident or disease; for examination of occupational diseases, treatment of occupational diseases, or functional rehabilitation for employees having occupational accident or disease and occupational safety and hygiene training, it shall use the form No. III – 01, Appendix III issued herewith.
2. Within 5 working days from the receipt of adequate application, Department of Labor, War Invalids and Social Affairs shall decide the amount of financial assistance to enterprises or employees using form No. IV – 01 of Appendix IV. If the application is rejected, it shall provide explanation in writing.
3. If an enterprise intends to hold a separate training course, it shall prepare 2 sets of application, 1 set is kept at the enterprise for monitoring and 1 set is sent to Department of Labor, War Invalids and Social Affairs for consideration. The application includes:
a) An application form for financial assistance in occupational safety and hygiene training using form No. III – 01, Appendix III issued herewith;
b) A grand schedule of training costs enclosed with copies of valid documentary evidence in a case where the enterprise is qualified for self-training, or copies of training contract, training contract completion and financial invoices in a case where the enterprise engages a qualified training provider to provide training.
c) Department of Labor, War Invalids and Social Affairs shall verify the application and decide the financial assistance according to prices of occupational safety and hygiene training using form No. IV – 01 of Appendix IV and form IV – 02 of Appendix IV issued herewith.
4. According to the decision of Department of Labor, War Invalids and Social Affairs, the social security agency of province shall allocate supportive budget to enterprises within 5 working days from the receipt of the decision of Department of Labor, War Invalids and Social Affairs.
Tìm kiếm
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Thông tư 26/2017/TT-BLĐTBXH về quy định và hướng dẫn thực hiện chế độ bảo hiểm tai nạn lao động, bệnh nghề nghiệp bắt buộc do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành (Bản Pdf)