Answer:
Upon encountering labour accidents, an Employee will be entitled to the regime of occupational accidents and diseases in accordance with the law when he or she satisfies all conditions and performs all procedures as follows:
- Conditions for an Employee to enjoy the regime of labour accidents and occupational diseases
In accordance with provisions of the Labour Code, the Employee is entitled to receive monthly or one-off allowances for labour accidents or occupational diseases based on the salary rates which will be calculated as follows[1]:
- The salary of the month prior to the month the Employee suffers a labour accident or an occupational disease; if the Employee suffers a labour accident within the first month of paying the insurance to the insurance fund for labour accident, occupational disease or suffers from a labour accident or an occupational disease in the first month of returning to work and paying the insurance after the period of interruption due to the LC termination, the salary rate will be equal to the salary paid to the insurance fund for labour accident and occupational disease of the same month;
- Salary of last month paid to the insurance fund for labour accidents and occupational diseases of a job of the Employee that caused an occupational disease in the case of the Employee having an occupational disease upon retirement or no longer working in jobs posing a risk of occupational diseases;
- If the Employee started participating in SI before 01 January 2016 which is subject to the salary regime specified by the State, the salary rate as the basis for calculation of allowances shall be determined according to the coefficient and allowance (if any) multiplied by base salary at the time of entitlement to the allowance; and
- If the Employee simultaneously signed LCs with many Employers, the salary as the basis for calculation of allowances is the total salary rate as the basis of paying insurance in the insurance fund for labour accidents and occupational disease of all LCs in the month prior to the month of the last labour accident or occupational disease but not exceeding 20 times of the base salary.
Specifically, any Employee who is insured for occupational accidents and occupational diseases will be entitled to the labour accident regime if he or she meets the following conditions[2]:
1.1 His or her accident falls into one of the following cases:
- Occurring at the workplace and during working hours, even when performing necessary living needs at the workplace or during working hours permitted by the Labour Code and internal labour regulations of the production or business establishment, including breaks, mid-shift meals, meals as in-kind improvements, menstrual hygiene, bathing, breastfeeding, toileting; or
- Occurring outside the workplace or outside working hours when performing the job required by the Employer or the person authorised by the Employer in writing to directly manage the Employee; or
- On the itinerary from the residence to the workplace or vice versa in a reasonable interval and on an appropriate itinerary.
1.2 Having a reduction of the working capacity of the Employee is 5 % or higher due to the said accident;
1.3 However, it should be noted that Employee will not be entitled to the regime paid by the insurance fund for labour accidents and occupational diseases if any accident occurs due to one of the following causes:
- Due to conflicts between the Employee and the person causing the accident without relevance to the job or task assigned;
- The Employee deliberately harms himself or herself; and
- Due to the Employee’ use of drugs or other addictive substances prohibited by the law.
2. Procedures for an Employee to enjoy the labour accident regime
2.1 The entitlement to labour accident insurance regime of the Employee will be implemented as follows[3]:
- The Employer submits the application dossier to the competent SI agency within 30 days of receiving sufficient dossier for entitlement to the labour accident insurance regime; and
- Within 10 days of receipt of the complete dossier, the competent SI agency shall settle the entitlement to the labour accident insurance regime of the Employee; in case of non-settlement, the SI agency must reply in writing and clearly state the reasons.
2.2 A dossier for enjoying the labour accident insurance regime of the Employee includes[4]:
- SI book of the Employee;
- Hospital discharge certificate or copies of medical records after treatment of labour accidents for the Employee as inpatients;
- Inspection minutes of the Medical Council assessing work capacity impairment; and
- Request letter for settlement of the labour accident regime.
Depending on each specific case, the competent insurance agency may require some additional documents to the dossier before settling the labour accident insurance regime of the Employee.
[4] Article 58 of Law on Labour Safety and Hygiene
[3] Article 59 of Law on Labour Safety and Hygiene
[2] Article 45 of Law on Labour Safety and Hygiene
[1] Article 4.2 and 11.7 of Decree 88/2020/ND-CP of the Government dated 28/7/2020
