I. Subjects and premiums for labor accident, Occupational diseases
1. The subject involved
a) Officials and public employees are regulated in the law on officials and public employees;
b) Officers or professional soldiers in the people’s army; professional and technical officers and noncommissioned officers
in the people’s public security; cipher officers who are salaried like soldiers;
c) Noncommissioned officers and soldiers in the people’s army; non commissioned officers and soldiers on definiteterm
service in the people’s public security; army, public security and cipher cadets who are entitled to cost of living allowance;
d) National defense workers, public security workers and persons doing other jobs in cipher organizations;
dd) Persons working under indefiniteterm labor contracts and labor contracts with a term of full of 03 months and longer,
and persons working under labor contracts with a term of between full of 01 month and under 03 months. This point
excludes domestic workers;
e) Salaried managers of enterprises and cooperatives
2. Premium level
The employer pays 0.5% of the base salary for laborers being non-commissioned officers and soldiers of the people’s army; Non-commissioned officers and soldiers of the People’s Police for a definite term; Military cadres, policemen and custody cadres who are studying are entitled to subsistence allowances and pay 0.5% of their salaries as a basis for payment of social insurance premiums to other workers.
II. The employer’s responsibility for the employees who have occupational accidents and diseases
1. Timely, first aid and emergency relief for the employees with occupational accidents and advance of first aid, emergency and treatment costs for employees with labor accidents and occupational diseases;
2. Payment of medical expenses from first aid, emergency to stable treatment for persons with labor accidents and occupational diseases as follows:
a) Payment of co-payment expenses and expenses not on the list due to health insurance paid to laborers participating in health insurance;
b) To pay all medical expenses for laborers who do not participate in health insurance;
3. To pay full salary for employees with labor accidents, occupational diseases during the period of treatment and rehabilitation of labor;
4. Compensation, allowance for employees with labor accidents, occupational diseases;
5. To introduce to laborers medical expertise which determines the extent of their working capacity reduction, treatment, convalescence or functional rehabilitation according to law provisions;
6. To compile dossiers for enjoying occupational accidents, occupational diseases from the accident insurance fund;
7. To organize work appropriate to the health of workers after treatment, rehabilitation if continue to work.
III. Indemnification, benefit
1. Compensation for labor accidents and occupational diseases Employers have the responsibility to compensate workers who have occupational accidents and diseases that reduce their working capacity by 5% or more when falling into the following cases:
a) Occupational accidents not caused by fault of employees;
b) Being occupied by the occupational accident or under the control of the employer outside the scope of the agency, enterprise, organization or co-operative if the fault of another person causes or is unknown. by the person causing the accident;
2. Compensation level:
a) At least equal to 1.5 month’s salary if having a working capacity decrease of between 5% and 10%; Then, if the working capacity is reduced from 11% to 80%, every 1% increase will be plus 0.4 month’s salary;
b) At least 30 months’ wages for laborers who have lost 81% or more of working capacity or relatives of laborers who die due to occupational accidents or occupational diseases;
3. Employees’ Benefits
The employer is responsible for providing subsidies to workers with occupational accidents which reduce their working capacity by 5% or more in the following cases:
a) Occupational accidents caused by employees;
b) Having an accident while travelling from their place of residence to their place of work or from their working place to their place of residence on the route and within a reasonable time if the fault of another person is caused or the person causing the accident can not be identified.
4. Level of benefit
a) At least equal to 40% of the occupational accident compensation rate, corresponding to the corresponding decrease in working capacity;
b) Salaries to be used as a basis for implementing compensation, allowances and salaries paid to laborers who have been laid off due to occupational accidents or occupational diseases are the average salary of the 6 preceding months prior to the occurrence of occupational accidents or before suffered from occupational disease. If the working time, apprenticeship, apprenticeship, probation, or apprenticeship are less than 6 months, then the average salary of the previous months preceding the time of occurrence of occupational accidents is determined.
5. Other special cases
If the employer has purchased accident insurance for the person suffering from occupational accidents at the units engaged in insurance business activities, the person entitled to the accident shall be entitled to compensation and allowance under the contract. signed with the insurance service business unit.
If the amount paid by the insurer to the occupational accidents is lower than the above-mentioned compensation and allowance, the employer must pay the deficit to the total amount of the occupational accidents or relatives People with occupational accidents receive at least the same level of compensation, work-related benefits, work-related injuries.
If the employer does not pay labor insurance and work-related injury to employees who are subject to compulsory social insurance, the employer must pay the corresponding amount With the insurance policy for occupational accidents, work-related diseases paid by the social insurance agency; Payments can be made once or monthly as agreed by the parties. In case of disagreement, the payment shall be made at the request of the employee.
Where an employee has entered into a labor contract with more than one employer, the employer must pay insurance premiums according to each labor contract entered into. compulsory social insurance. In the event of labor accidents, occupational diseases are paid monthly or on a one-time basis, based on the total salary levels used as the basis for the occupational accident and injury insurance fund for all labor contracts. At the time of occupational accidents, occupational diseases, but not exceeding the maximum level prescribed by the social insurance law.
6. Where the employee is not entitled to benefits from the employer in case of occupational accidents
The employees are not entitled to benefits from the employer if the accident falls into one of the following causes:
a) Due to the conflict of the victim himself with the person causing the accident, which is not related to the performance of the work or the task of labor;
b) Employees intentionally destroy their own health;
c) Due to the use of narcotics and other drugs in contravention of the provisions of law.
IV. Liability for payment of the social insurance
1. Conditions for enjoying occupational accident benefits
Employees, who participating in labor accident, occupational disease insurance, are entitled to enjoy occupational accidents interests if they meet the following conditions:
1.1 Having an accident in one of the following cases:
a) At the work place and during working hours, even if they are carrying out the necessary living needs at work places or working hours prescribed by the Labor Code and the internal rules of the production and/or business establishments. allowance, including breaks, mid-shift meals, in-kind meals, menstrual hygiene, bathing, breastfeeding, toileting;
b) Outside the workplace or outside working hours, when performing the work at the request of the employer or the person authorized by the employer in writing directly managing the labor;
c) On the route from the place of residence to the place of work or from the place of work to the place of residence within a reasonable time and route;
1.2. A working capacity decrease of 5% or more due to an accident defined in Clause 1.1 of this Item.
2. Conditions for entitlement to regimes of occupational diseases
a) Being involved in the work-related diseases listed in the list of work-related diseases promulgated by the Minister of Health;
b) Having a working capacity decrease of 5% or more.
V. Benefit level
1. One-time benefit
a) Laborers who suffer from a working capacity decline of between 5% and 30% shall enjoy a lump-sum allowance.
b) The lump-sum allowance level is prescribed as follows:
– 5% reduction of working capacity shall enjoy 5 times of the base salary, then a further 1% reduction shall be entitled to 0.5 times more than the base salary;
– In addition to the allowance level prescribed at Point a of this Clause, the additional allowance calculated according to the number of years already paid into the accident and occupational accident insurance fund, for one year or less, shall be equal to 0.5 month, after For each additional year of contribution to the fund, the additional 0.3 month of salary paid into the fund of the month preceding the month of occupational accidents or defined as having work-related diseases; In the case of occupational accidents in the first month of participation in the fund or having interruption time then returning to work, the salary used as the basis for calculation of this allowance is the salary of the same month.
2. One-time support level
- Workers who have decreased labor capacity from 5% to 30% are entitled to a subsidy once.
- The one-time subsidy is prescribed as follows:
a) 5% decline in labor capacity is enjoyed 05 times the base salary, then the decline of 1% will be entitled to more than 0.5 times the base salary;
b) The extent of the grant specified at this point, also received additional subsidies according to the number of years that have been closed into the insurance fund, BNN, from one year to a The month of wages closed into the fund of the adjacent month before the month of being overpaid or determined to be BNN; In case of the first month of participation in the fund or have the time to participate in the hiatus then return to work, the salary as the basis for this subsidy is the primary salary of the month.
3. Monthly allowance
a). If a laborer has a working capacity decrease of at least 31%, he/she shall be entitled to a monthly allowance.
b). The monthly allowance levels are prescribed as follows:
– 31% reduction in working capacity shall be equal to 30% of the base salary, then a further 1% reduction shall be entitled to an additional 2% of the base salary;
– Apart from the allowance level specified at Point a of this Clause, a monthly allowance equal to the number of years already paid into the accident and accident insurance fund, which is one year or less, is equal to 0.5% then adding 0.3% of the salary paid to the fund in the month immediately preceding the month of occupational accidents or defined as having work related diseases; In the case of occupational accidents in the first month of participation in the fund or having interruption time then returning to work, the salary used as the basis for calculation of this allowance is the salary of the same month.
VII. Allowances for employees who die due to occupational accidents and diseases
Relatives of laborers shall be entitled to a lump-sum allowance equal to 36 times the base salary at the month the laborer dies and shall be entitled to survivorship allowance under the provisions of the Law on social insurance when falling into one of the following cases:
1. Workers who die due to occupational accidents, diseases;
2. The employee died during the initial treatment due to occupational accidents, occupational diseases;
3. The laborer dies during the time of treatment of the injury or illness but his/her working capacity has not yet been assessed.
VIII. Cost of labor accident and occupational disease assessment
1. Employees with occupational accidents and diseases whose working capacity is reduced to less than 5%, the employer shall pay the examination for assessment of the working capacity decline for cases where the employer recommends the employee. Labor for examination and assessment of working capacity decline at the medical examination council;
2. Laborers with occupational accidents and diseases with a working capacity decrease of 5% or more and eligible for unemployment and work-related allowance shall be paid by the social insurance fund.
IX. Criminal liability and sanction against administrative violations of labor safety and sanitation
Persons who violate the regulations on labor safety and labor sanitation shall be punished for penal liability according to the provisions of the penal law, even if they have not yet caused consequences but actually cause serious consequences if not promptly prevented or administratively sanctioned in cases where it is not serious enough to be examined for penal liability.