Decree No. 143/2024/ND-CP on voluntary work-related accident insurance for workers not employed under labor contracts

DECREE

Regulations on voluntary work injury insurance for workers not employed under labor contracts

Pursuant toLaw on Government Organization dated June 19, 2015;Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant toLaw on Occupational Safety and Health dated June 25, 2015;

Decree No. 07/2021/NĐ-CP

The Government issues this Decree to regulate voluntary work injury insurance for workers not employed under labor contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the voluntary work injury insurance regime for workers not employed under labor contracts (hereinafter referred to as voluntary work injury insurance); the voluntary work injury insurance fund; the procedures for participating in and settling voluntary work injury insurance benefits; the rights and responsibilities of social insurance agencies, state management bodies on labor, and workers regarding voluntary work injury insurance.

Article 2. Scope of Application

1. Workers subject to this Decree are those who work without a labor contract from the age of 15 and above, who are not required to participate in mandatory social insurance for work injuries and occupational diseases, and who voluntarily participate in work injury insurance (hereinafter referred to as workers).

2. This Decree also applies to agencies, organizations, and individuals related to voluntary work injury insurance.

Article 3. Work Injuries

A work injury is an accident causing damage to any part or function of the body or resulting in death of a worker occurring during the course of work, closely linked to the occupation or job performed at the time and place registered for voluntary work injury insurance as prescribed in Clause 1, Article 14 of this Decree.

Chapter II

REGIME OF VOLUNTARY WORK INJURY INSURANCE

Article 4. Regime of Voluntary Work Injury Insurance

1. Assessment of reduction in working capacity.

2. Work injury allowance.

Article 5. Conditions for Enjoying the Voluntary Work Injury Insurance Regime

1. Workers participating in voluntary work injury insurance shall enjoy the voluntary work injury insurance regime prescribed in Article 4 of this Decree if they meet the following conditions:

a) Suffering a reduction in working capacity of 5% or more due to a work injury occurring during the period of participation in voluntary work injury insurance;

b) Not falling under the cases prescribed in Clause 2 of this Article.

2. Workers shall not be entitled to the work injury allowances prescribed in Article 4 of this Decree if the injury occurs due to any of the following reasons:

a) Conflicts between the victim and the person causing the injury that are unrelated to work tasks or duties;

b) Workers intentionally damaging their own health;

c) Using drugs or addictive substances contrary to the provisions of the law.

Article 6. Assessment of Reduction in Working Capacity for Workers Participating in Voluntary Work Injury Insurance

1. Workers who have suffered a work injury may proactively undergo assessment or re-assessment of the reduction in working capacity when they fall under any of the following circumstances:

a) After the initial injury has been treated and stabilized;

b) After a recurrence of the injury has been treated and stabilized;

c) For cases where the injury cannot be treated and stabilized according to the regulations of the Minister of Health, workers may undergo assessment procedures before or during the treatment process.

2. Social insurance agencies shall pay the assessment fees for workers who proactively undergo examination for assessment of the reduction in working capacity when the examination results meet the conditions for enjoying or increasing the level of work injury allowance under voluntary work injury insurance.

3. The payment of assessment fees for cases meeting the conditions prescribed in Clause 2 of this Article shall be made concurrently with the payment of work injury allowance as prescribed in Article 7 of this Decree.

Article 7. Work injury allowance

1. Workers suffering from a reduction in work capacity from 5% to 100% due to a work injury shall be entitled to a one-time allowance as follows:

a) A reduction of 5% in work capacity shall entitle them to three times the minimum monthly wage level for Region IV as prescribed by the Government (hereinafter referred to as the minimum monthly wage level for Region IV), and for each additional 1% reduction, they shall be entitled to an additional 0.3 times the minimum monthly wage level for Region IV;

b) In addition to the allowance specified in point a of this clause, they shall also be entitled to an additional allowance calculated based on the number of years contributed to the Voluntary Work Injury Insurance Fund, with contributions up to one year being calculated at 0.5 times the minimum monthly wage level for Region IV, and for each additional year of contribution, an additional 0.3 times the minimum monthly wage level for Region IV;

c) The period serving as the basis for calculating the work injury allowance under point b of this clause is the total time the worker has contributed to the Voluntary Work Injury Insurance Fund, counted up to the month immediately preceding the month of the work injury; if contributions are not continuous, they will be accumulated; one year is considered when there are at least 12 months of insurance contributions to the Voluntary Work Injury Insurance Fund;

d) The one-time work injury allowance stipulated in this clause shall be calculated according to the following formula:

Where:

L_{Maximum Downhill Gradient}: minimum monthly wage level for Region IV at the time of receiving the allowance.

m: degree of reduction in work capacity due to a work injury (absolute value 5 ≤ m ≤ 100).

t: total number of years contributed to the Voluntary Work Injury Insurance Fund.

Example 1: In August 2024, Mr. A participated in voluntary work injury insurance for one month and suffered his first work injury. After stable treatment, Mr. A underwent his first medical examination. In August 2024, the Medical Examination Council concluded that the degree of reduction in work capacity caused by this work injury was 30%. The minimum monthly wage level for Region IV in August 2024 was 3,450,000 VND. The first allowance for Mr. A was calculated as follows:

2. Relatives of workers who die due to a work injury shall be entitled to a one-time allowance equal to 31.5 times the minimum monthly wage level for Region IV, if they fall under any of the following circumstances:

a) Workers who are working and die due to a work injury;

b) Workers who die during the treatment period for the initial pain caused by a work injury;

c) Workers who die during the treatment period for injuries caused by a work injury before undergoing a medical examination to determine the degree of reduction in work capacity.

3. Work injury allowances shall be implemented according to the principle that each work injury incident entitles the worker to an allowance for that incident, without accumulating allowances for previous incidents.

4. In cases where a re-examination results in an increased degree of reduction in work capacity compared to the degree already compensated, the worker shall be entitled to an additional one-time supplementary allowance to ensure they receive the corresponding allowance level for the increased degree of reduction in work capacity as stipulated in point a of Clause 1 of this Article. The amount of the additional one-time supplementary allowance shall be calculated according to the following formula:

Where:

L_{Maximum Downhill Gradient}: minimum monthly wage level for Region IV at the time of receiving the allowance

Granite, gabbro, decorative stone...₁: degree of reduction in work capacity due to a work injury after re-examination (absolute value 5 ≤ m)₁ ≤ 100).

m: degree of reduction in work capacity due to a work injury (absolute value 5 ≤ m ≤ 100).

5. Time of allowance receipt

a) The time for determining the minimum monthly wage level for Region IV as the basis for calculating the allowance amount (hereinafter referred to as the time of allowance receipt) specified in points a and b of Clause 1 of this Article shall be calculated from the month the worker's treatment stabilizes and they are discharged from the hospital, or the month of the Medical Examination Council's conclusion in cases where they are not hospitalized. In cases where a work injury occurs but the stabilization and discharge time cannot be determined (the discharge certificate still includes follow-up appointments; removal of casts; removal of splints; removal of screws), the time of receipt of the work injury allowance shall be calculated from the month of the Medical Examination Council's conclusion;

b) The time of receipt of the allowance for the case stipulated in Clause 2 of this Article shall be calculated from the month the worker died;

c) The time of receipt of the allowance for the case stipulated in Clause 4 of this Article shall be calculated from the month of the Medical Examination Council's conclusion.

Example 2: In 2027, Mr. A (as mentioned in Example 1) had a recurrence of the disability from the first work injury and underwent a re-examination. In March 2027, the Medical Examination Council concluded that the degree of reduction in work capacity caused by this work injury was 40% (an increase of 10% compared to the first examination). The minimum monthly wage level for Region IV in March 2027 was 3,850,000 VND. The additional one-time supplementary allowance for Mr. A was calculated as follows:

Chapter III

VOLUNTARY WORK INJURY INSURANCE FUND

Article 8. Principles for Managing the Voluntary Occupational Accident Insurance Fund

1. The voluntary occupational accident insurance fund belongs to the occupational accident and occupational disease insurance fund within the social insurance fund and operates independently.

2. Management of the voluntary occupational accident insurance fund shall be carried out in accordance with the management regulations on the social insurance fund stipulated in the Social Insurance Law, the Labor Safety and Health Law, and this Decree.

3. The contribution rate for voluntary occupational accident insurance is based on the minimum wage region IV. The amount of state budget support for voluntary occupational accident insurance contributions as prescribed in this Decree shall be decided by the Government based on economic and social conditions and the state budget capacity during each period.

4. The level of benefits from voluntary occupational accident insurance is calculated based on the degree of loss of working ability and the duration of participation in voluntary occupational accident insurance.

Article 9. Utilization of the Voluntary Occupational Accident Insurance Fund

1. Payment of insurance benefits for occupational accidents as stipulated in Article 4 of this Decree.

2. Management costs for voluntary occupational accident insurance shall be implemented according to the management cost provisions set forth in the Social Insurance Law.

3. Investment to preserve and increase the fund in accordance with the provisions of the Social Insurance Law.

Article 10. Sources of Formation of the Voluntary Occupational Accident Insurance Fund

1. Contributions from workers participating in voluntary occupational accident insurance as prescribed in Articles 11 and 12 of this Decree.

2. Income from investment activities of the fund as prescribed in the Social Insurance Law.

3. State support.

4. Other lawful sources of income.

1. Workers participating in voluntary occupational accident insurance register with the social insurance agency through one of the following two contribution methods:

a) Contributing every six months;

b) Contributing annually.

2. Workers currently participating in voluntary occupational accident insurance may change their contribution method. The change in contribution method shall be implemented after completing the previously registered contribution cycle.

3. The contribution rates for voluntary occupational accident insurance are as follows:

a) Six-month contribution rate equals 6% of the minimum wage region IV per month;

b) Annual contribution rate equals 12% of the minimum wage region IV per month.

4. The time of contribution for voluntary occupational accident insurance under the contribution methods prescribed in Clause 1 of this Article shall be carried out as follows:

a) At the time of registration for voluntary occupational accident insurance;

b) In the last ten days before the end of the contribution cycle;

c) Upon re-registering for voluntary occupational accident insurance as prescribed in Article 17 of this Decree.

Article 12. Support for Contributions to Voluntary Occupational Accident Insurance for Workers Not Under Employment Contracts

1. Workers not under employment contracts who participate in voluntary occupational accident insurance shall receive state support for contributions at a percentage rate (%) of the insurance contribution amount, specifically as follows:

a) 30% for participants in voluntary occupational accident insurance belonging to poor households according to the poverty standard in rural areas;

b) 25% for participants in voluntary occupational accident insurance belonging to near-poor households according to the near-poverty standard in rural areas;

c) 10% for other workers.

2. Method of support:

a) Workers participating in voluntary occupational accident insurance who are eligible for support shall pay their own share of the contribution to the social insurance agency or service organization authorized by the social insurance agency in accordance with the law;

b) Every six months or annually, the social insurance agency shall compile the number of eligible beneficiaries, the amount collected from beneficiaries, and the state budget support amount according to a form issued by the Vietnam Social Security after obtaining the agreement of the Ministry of Finance, and submit it to the finance authority for transferring funds into the social insurance fund;

c) The finance authority, based on the local government's budget management hierarchy and the list of voluntary occupational accident insurance participants and the state budget support amount transferred by the social insurance agency, shall be responsible for transferring funds into the voluntary occupational accident insurance fund every six months. By the latest date of December 31 each year, the transfer of support funds into the voluntary occupational accident insurance fund for that year must be completed.

3. The support funding for workers participating in voluntary occupational accident insurance shall be guaranteed by the local budget according to the current state budget hierarchy.

Article 13. Suspension of Voluntary Work Injury Insurance Contributions

1. When exceeding the time limit for making voluntary work injury insurance contributions as stipulated in point b, Clause 4, Article 11 of this Decree, if workers participating in voluntary work injury insurance do not make contributions, they shall be deemed to have temporarily suspended their voluntary work injury insurance contributions.

2. Workers who have temporarily suspended their voluntary work injury insurance contributions, if they continue to contribute, must re-register the payment method according to the provisions of Article 17 of this Decree.

Chapter IV

DOCUMENTS AND PROCEDURES FOR PARTICIPATION IN AND SETTLEMENT OF VOLUNTARY WORK INJURY INSURANCE REGIMES

1. The initial registration documents for voluntary work injury insurance include the worker's social insurance registration form. It must contain specific information about the occupation, job, working hours, and workplace registered for voluntary work injury insurance participation. In case of changes in occupation, job, working hours, or workplace, the adjustment of information must be reported according to the provisions of Article 15 of this Decree.

2. Documents for reissuing the social insurance book in cases of damage or loss include:

a) The worker's application for reissuing the social insurance book;

b) The social insurance book in cases of damage.

The documents for adjusting personal information of workers participating in voluntary work injury insurance include:

1. Personal information adjustment form;

2. Social insurance book;

3. Copies of documents from competent state agencies and other relevant documents related to the adjustment of personal information as prescribed by law.

Article 16. Settlement of Registration and Issuance of Social Insurance Books

1. Workers submit registration documents for participation, reissuance of social insurance books, and personal information adjustment documents as stipulated in Articles 14 and 15 of this Decree to the social insurance agency.

2. The social insurance agency is responsible for issuing social insurance books within the following deadlines:

a) Seven days from the date of receiving complete documents for workers participating in voluntary social insurance for the first time;

b) Fifteen days from the date of receiving complete documents for reissuing social insurance books; in cases where verifying the period of social insurance contributions is complex, it shall not exceed forty-five days. If issuance is not granted, a written response with detailed reasons must be provided;

c) Ten days from the date of receiving complete documents for adjusting personal information of workers, the social insurance agency must reissue the social insurance book. If settlement is not granted, a written response with detailed reasons must be provided.

1. Documents for re-registering payment methods as the basis for making voluntary work injury insurance contributions include:

a) Social insurance book;

b) Social insurance registration form.

2. Settlement of re-registration of payment methods for voluntary work injury insurance

a) Workers participating in voluntary work injury insurance submit the documents specified in Clause 1 of this Article to the social insurance agency;

b) The social insurance agency is responsible for settling the matter on the same day if complete documents are received as stipulated. If settlement is not granted, a written response with detailed reasons must be provided.

Article 18. Classification, Reporting, Investigation of Work Accidents for Workers Participating in Voluntary Occupational Accident Insurance

1. The classification of work accidents to be implemented for reporting, investigation, and statistical reporting for workers shall be carried out in accordance with the provisions of Article 9 of Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law (hereinafter referred to as Decree No. 39/2016/ND-CP).

2. The reporting of work accidents occurring to workers participating in voluntary occupational accident insurance shall be regulated as follows:

a) When a work accident occurs involving a worker participating in voluntary occupational accident insurance, the injured worker or a relative of the injured worker must immediately report to the People's Committee of the commune where the accident occurred using the work accident report form prescribed in Appendix I attached to this Decree;

b) Upon receiving a report of a work accident from a worker or the family of the injured worker, the People's Committee of the commune where the accident occurred must report it as quickly as possible (either directly or via telephone, fax, telegraph, email) to the Department of Labor, Invalids and Social Affairs' Inspectorate, the People's Committee of the district according to the rapid report form prescribed in Appendix II attached to this Decree; in cases of fatal work accidents or work accidents causing serious injury to two or more workers, they must also report to the Public Security Office of the county, district, town, or city under provincial jurisdiction, or city under central jurisdiction where the accident occurred.

3. After receiving information on the occurrence of work accidents involving workers participating in voluntary occupational accident insurance within their jurisdiction, the Department of Labor, Invalids and Social Affairs shall establish a Provincial Work Accident Investigation Team to investigate fatal work accidents and work accidents causing serious injury to two or more workers. The time limit for investigation and the procedures for conducting investigations shall be carried out in accordance with the provisions of Article 35 of the Labor Safety and Health Law and Chapter III of Decree No. 39/2016/ND-CP.

4. After receiving information on the occurrence of work accidents involving workers participating in voluntary occupational accident insurance within their jurisdiction, the People's Committee of the district where the accident occurred shall establish a Basic-level Work Accident Investigation Team to investigate work accidents causing serious injury to one worker and minor work accidents in accordance with the following regulations:

a) The People's Committee of the district must immediately establish a Basic-level Work Accident Investigation Team according to the Decision form prescribed in Appendix III attached to this Decree. The team members include representatives from the District Department of Labor, Invalids and Social Affairs serving as the Head of the Team, other members being representatives from the District Health Department, the District Trade Union, the District Inspectorate, the People's Committee of the commune where the accident occurred, and other members as necessary;

b) The tasks of the Work Accident Investigation Team shall be carried out in accordance with the provisions of Article 12 of Decree No. 39/2016/ND-CP;

c) The Basic-level Work Accident Investigation Team shall conduct investigations according to the following procedures and formalities:

c.1) Collecting evidence, traces, and relevant documents related to the work accident. Requesting the social insurance agency where the worker registered for voluntary occupational accident insurance, as stipulated in Article 14 of this Decree, to provide the registration file for voluntary occupational accident insurance;

c.2) Taking statements from the victim, persons who know about the incident, or those related to the work accident according to the record form prescribed in Appendix IV attached to this Decree;

c.3) Proposing technical and forensic medical examinations (if deemed necessary);

c.4) Analyzing and concluding on: the course of events, causes of the work accident; conclusions regarding the work accident; degree of violation and recommendations for handling the person at fault in the work accident; measures to rectify and prevent similar or recurring work accidents;

c.5) Preparing the Work Accident Investigation Record according to the record form prescribed in Appendix V attached to this Decree;

c.6) Organizing a meeting and preparing the Meeting Record announcing the Work Accident Investigation Record according to the record form prescribed in Appendix VI attached to this Decree;

c.7) The participants in the meeting to announce the Work Accident Investigation Record include: the Head of the Work Accident Investigation Team; members of the Work Accident Investigation Team; the victim or a representative of the victim's relatives, persons who know about the incident, or those related to the work accident;

c.8) Participants in the meeting who disagree with the contents of the Work Accident Investigation Record may record their opinions and sign the Meeting Record announcing the Work Accident Investigation Record;

c.9) Within three working days from the date of the meeting to announce the Work Accident Investigation Record, the Basic-level Work Accident Investigation Team shall send the Work Accident Investigation Record and the Meeting Record announcing the Work Accident Investigation Record to the injured worker or the victim's relatives; the Department of Labor, Invalids and Social Affairs' Inspectorate, the place where the accident occurred, the District Department of Labor, Invalids and Social Affairs, and the social insurance agency where the worker registered for voluntary occupational accident insurance.

d) The time limit for investigation shall be carried out in accordance with the regulations for Basic-level Work Accident Investigation Teams as stipulated in Article 35 of the Labor Safety and Health Law.

5. The costs of investigating work accidents shall be implemented in accordance with the provisions of Clause 2, Article 27 of Decree No. 39/2016/ND-CP and Article 21 of this Decree.

Article 19. Investigation of workplace accidents occurring during participation in traffic

In cases where workers suffer workplace accidents during participation in traffic, the Provincial Workplace Accident Investigation Team as stipulated in Clause 3 of Article 18 of this Decree and the Basic-level Workplace Accident Investigation Team as stipulated in Clause 4 of Article 18 of this Decree shall verify and prepare investigation records for workplace accidents based on one of the following documents or materials:

1. Traffic accident resolution files of traffic police agencies.

2. Confirmation documents of being involved in an accident issued by the public security agency at the commune level (or local authorities) where the accident occurred, according to the confirmation document model prescribed in Appendix IX attached to this Decree.

Article 20. Re-investigation of workplace accidents when complaints or denunciations are made

1. Within ninety days from the date of publication of the Workplace Accident Investigation Record, if there are complaints or denunciations in accordance with the provisions of the law, the re-investigation of workplace accidents shall be carried out as follows:

a) Within ten working days from the date of receipt of the complaint or denunciation letter, the authority responsible for establishing the Workplace Accident Investigation Team shall examine and resolve the complaint or denunciation in accordance with the procedures, formalities, and jurisdiction prescribed in the Law on Complaints and the Law on Denunciations.

b) If the complainant or denunciator does not agree with the response of the competent agency or organization mentioned in point a of this clause and continues to complain or denounce, the authority with the right to re-investigate workplace accidents as prescribed in Clause 2 and Clause 3 of Article 35 of the Labor Safety and Health Law shall establish a Workplace Accident Investigation Team to conduct a re-investigation of the workplace accident; simultaneously notify in writing the results of the re-investigation to the complainant or denunciator; if no re-investigation is conducted, the reasons must be clearly stated.

The People's Committee of the district where the accident occurred and the Provincial Workplace Accident Investigation Team that investigated the workplace accident have the responsibility to provide all relevant materials, objects, and means related to the workplace accident to the Central-level Workplace Accident Re-investigation Team for workplace accidents involving workers.

c) The conclusion of the Central-level Workplace Accident Re-investigation Team is the final conclusion.

2. The previous Workplace Accident Investigation Record will lose its legal effect when the re-investigation record is published.

Article 21. Costs of investigation and re-investigation of workplace accidents for workers participating in voluntary workplace accident insurance

1. The authority with the right to investigate and re-investigate workplace accidents, the agency sending people to join the investigation and re-investigation teams shall pay travel expenses for members of the investigation team in accordance with the provisions of the law.

2. The People's Committee of the district and the state agency with the right to investigate and re-investigate workplace accidents shall be responsible for paying costs including: reconstructing the scene; photographing, printing, and enlarging images of the scene and victims; requesting technical and forensic medical examinations (if necessary); autopsy; printing related documents to the workplace accident; transportation means at the location of the accident to serve the investigation of the workplace accident; organizing meetings to announce the Workplace Accident Investigation Record and reasonable costs related to the investigation of the workplace accident of workers.

3. The costs specified in Clause 1 and Clause 2 of this Article shall be accounted for in the regular activity expenses of the agency or unit; settled according to the regulations of the Ministry of Finance.

4. Costs of re-investigating workplace accidents at the request of the social insurance agency shall be implemented in accordance with point c of Clause 2 of Article 56 of the Labor Safety and Health Law and detailed guiding documents.

Article 22. Documents for receiving voluntary work injury insurance benefits

1. The documents for receiving voluntary work injury insurance benefits include:

a) Social insurance book;

b) Discharge certificate or copy of medical record after treatment of work injury for inpatient cases;

c) Report on the degree of loss of working capacity by the Medical Expert Board;

d) Copy of death certificate, death registration extract, death notice, or copy of court decision declaring death which has taken legal effect, for cases of death due to work injury;

đ) Work injury investigation report;

e) Application for work injury benefit resolution by the worker or the victim's relative in cases of fatal work injuries according to the model prescribed in Appendix VII issued together with this Decree;

g) Original invoice or legal receipt related to the cost of assessing the degree of loss of working capacity.

2. In cases where the re-examination results increase the degree of loss of working capacity as stipulated in Clause 4, Article 7 of this Decree, the documents for requesting supplementary voluntary work injury insurance benefits include:

a) Social insurance book;

b) Report on the degree of loss of working capacity by the Medical Expert Board;

c) Application for supplementary work injury benefit resolution by the worker according to the model prescribed in Appendix VIII issued together with this Decree;

d) Original invoice or legal receipt related to the cost of assessing the degree of loss of working capacity.

Article 23. Resolution of voluntary work injury insurance benefits

1. Workers or relatives of injured workers must submit the documents as prescribed in Article 22 of this Decree to the social insurance agency they have registered for voluntary work injury insurance within the following time limits:

a) Thirty days from the date of receiving the report on the degree of loss of working capacity by the Medical Expert Board;

b) Ninety days from the date the worker who was voluntarily insured against work injury died.

2. Within seven working days from the date of receiving all documents, the social insurance agency shall be responsible for resolving the receipt of work injury insurance benefits; if not resolved, it must provide a written response to the applicant and clearly state the reasons.

Article 24. Resolution of voluntary work injury insurance benefits exceeding the prescribed time limit

1. In cases where the submission of documents for receiving voluntary work injury insurance benefits exceeds the time limit prescribed in Clause 1, Article 23 of this Decree, the worker or the relative of the worker must provide a written explanation of the reason and send it to the social insurance agency along with the documents.

2. In cases where the resolution of voluntary work injury insurance benefits exceeds the time limit prescribed in Clause 2, Article 23 of this Decree, the social insurance agency must provide a written explanation to the applicant, clearly stating the reasons.

3. In cases where the resolution of work injury benefits and payment of allowances are delayed beyond the prescribed time limit, causing damage to the legitimate rights and interests of the beneficiaries, compensation must be provided according to the law, except in cases caused by the fault of the worker or the relative of the worker who died due to work injury.

Article 25. Documents and procedures for examining and assessing the degree of work capacity reduction to settle voluntary workplace accident insurance benefits

Clause 1. The documents and procedures for examination and assessment (including both initial and re-examination) of the degree of work capacity reduction shall be prescribed by the Minister of Health.

Clause 2. The examination and assessment of the degree of work capacity reduction must ensure accuracy, transparency, and fairness. The Medical Examination Council shall be responsible for the accuracy of their assessment results in accordance with the provisions of the law.

Chapter V

IMPLEMENTATION

Article 26. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

Clause 1. Based on the ability to ensure balance of the Voluntary Workplace Accident Insurance Fund, economic and social development conditions, and state budget capacity during each period, the Ministry of Labor - Invalids and Social Affairs shall submit to the Government for decision on adjusting contribution rates and supporting payment of voluntary workplace accident insurance premiums.

Clause 2. To take the lead and coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws related to voluntary workplace accident insurance, and apply information technology in managing voluntary workplace accident insurance.

Clause 3. To inspect and check the implementation of laws on voluntary workplace accident insurance.

Clause 4. To handle complaints and denunciations regarding voluntary workplace accident insurance in accordance with the provisions of the law. Guide the investigation of workplace accidents involving workers not under labor contracts participating in voluntary workplace accident insurance.

Clause 5. To report to the Prime Minister annually and at any time about the implementation of voluntary workplace accident insurance policies.

Article 27. Responsibilities of the Ministry of Health

Guide on the documents and procedures for examining and assessing the degree of work capacity reduction to settle voluntary workplace accident insurance benefits for workers participating in voluntary workplace accident insurance.

Article 28. Rights of the Social Insurance Agency

Clause 1. To inspect the payment and receipt of support benefits for workers.

Clause 2. To refuse requests for payment of voluntary workplace accident insurance benefits that do not comply with the provisions of the law.

Clause 3. To propose to competent state management agencies to establish, amend, and supplement policies, regulations, and management and use of the Voluntary Workplace Accident Insurance Fund.

Clause 4. To request a re-investigation of workplace accidents.

Clause 5. To handle and propose handling of violations of laws on workplace accident insurance in accordance with the provisions of the law.

6. Other rights as prescribed by law.

Article 29. Responsibilities of the Social Insurance Agency

Clause 1. To disseminate policies, regulations, and laws on voluntary workplace accident insurance; provide detailed guidance on procedures for implementing voluntary workplace accident insurance benefits.

Clause 2. To coordinate with the Department of Labor - Invalids and Social Affairs to organize information support for preventing workplace accidents and occupational safety and health training.

Clause 3. To compare individuals participating in voluntary workplace accident insurance as stipulated in Clause 1, Article 12 of this Decree with lists of poor and near-poor households recognized by local authorities to determine eligible support recipients from these households. Aggregate the amount of state budget support for individuals participating in voluntary workplace accident insurance, send it to the local financial authority together with the amount of state budget support for voluntary retirement and death insurance to transfer funds into the social insurance fund.

Clause 4. To implement collection, payment, or entrust service organizations to pay voluntary workplace accident insurance benefits, and entrust service organizations to collect voluntary workplace accident insurance premiums in accordance with the provisions of the law.

Clause 5. To apply information technology in managing voluntary workplace accident insurance.

Clause 6. To manage and use the Voluntary Workplace Accident Insurance Fund; monitor separately the income and expenditure of the Voluntary Workplace Accident Insurance Fund.

Clause 7. To organize statistical and accounting work on voluntary workplace accident insurance.

Clause 8. Annually, the Vietnam Social Insurance shall be responsible for reporting to the Ministry of Labor - Invalids and Social Affairs on the implementation of voluntary workplace accident insurance benefits; report to the Ministry of Finance on the management and use of the Voluntary Workplace Accident Insurance Fund along with the Compulsory Workplace Accident and Occupational Disease Insurance Fund.

Clause 9. Annually, local social insurance agencies shall report to the People's Committee at the same level on the implementation of voluntary workplace accident insurance benefits together with compulsory workplace accident and occupational disease insurance within the managed area, and simultaneously send to the local Department of Labor - Invalids and Social Affairs.

Clause 10. To provide full and timely information on the implementation of voluntary workplace accident insurance benefits according to the requirements of the workplace accident investigation team, competent state management agencies, and workers or their representative organizations.

Clause 11. To handle complaints and denunciations regarding the implementation of voluntary workplace accident insurance benefits in accordance with the provisions of the law.

12. Fulfilling other responsibilities as prescribed by law.

Article 30. Responsibilities of People's Committees at all levels

1. Responsibilities of the Provincial People's Committee

a) Direct the Department of Labor - Invalids and Social Affairs to perform tasks stipulated in Article 31 of this Decree;

b) Direct relevant agencies to prepare budgets for financial support from the local government for participants in voluntary workplace accident insurance based on the actual amount implemented in the previous year or equivalent to the support level for voluntary retirement and death insurance, ensuring compliance with all budget revenue and expenditure must have a budget estimate;

c) Inspect and check the implementation of laws on voluntary workplace accident insurance in the locality;

d) The Chairman of the Provincial People's Committee shall be responsible for reporting to the People's Council at the same level to ensure the budget to support the payment of voluntary workplace accident insurance premiums for workers participating in accordance with this Decree;

đ) To fulfill other responsibilities as prescribed by law.

2. Responsibilities of the District People's Committee

a) Organize information dissemination and propaganda on policies and laws related to voluntary workplace accident insurance in the locality;

b) Inspect and check the implementation of laws on voluntary workplace accident insurance in the locality. Implement declaration, establishment of grassroots accident investigation teams to investigate workplace accidents involving workers not under labor contracts participating in voluntary workplace accident insurance as stipulated in Article 18 of this Decree;

c) Resolve complaints and denunciations regarding voluntary workplace accident insurance in accordance with the provisions of the law;

d) Propose to competent authorities the establishment, amendment, supplementation of systems, policies, laws, and handling of violations related to voluntary workplace accident insurance;

đ) Report periodically annually and urgently to the Provincial People's Committee, Department of Labor - Invalids and Social Affairs in accordance with the provisions of the law;

e) Fulfill other responsibilities as prescribed by law.

3. Responsibilities of the Commune People's Committee

a) Implement declarations, statistics, and reports on workplace accidents in accordance with current laws; participate in the Accident Investigation Team at the grassroots level to investigate workplace accidents involving workers not under labor contracts participating in voluntary workplace accident insurance as stipulated in Article 18 of this Decree;

b) Provide lists of poor households and near-poor households annually to the social insurance agency for verification of eligible beneficiaries and levels of support for voluntary workplace accident insurance contributions;

c) Fulfill other responsibilities as prescribed by law.

Article 31. Responsibilities of the Department of Labor - Invalids and Social Affairs

1. Take the lead and coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws concerning voluntary workplace accident insurance.

2. Take the lead and coordinate with functional agencies during the investigation of workplace accidents.

Clause 3. To inspect and check the implementation of laws on voluntary workplace accident insurance.

4. Resolve complaints and denunciations regarding voluntary workplace accident insurance in accordance with the provisions of the law.

5. Propose to competent authorities the establishment, amendment, supplementation of systems, policies, laws, and handling of violations related to voluntary workplace accident insurance.

6. Report periodically annually and urgently to the Ministry of Labor - Invalids and Social Affairs, Provincial People's Committee in accordance with the provisions of the law. Apply information technology in managing voluntary workplace accident insurance.

7. Fulfill other responsibilities as prescribed by law.

Article 32. Rights of workers participating in voluntary workplace accident insurance

1. Participate and enjoy social insurance benefits as prescribed by this Decree.

2. Be issued and manage their social insurance booklets.

3. Receive full and timely voluntary workplace accident insurance benefits through one of the following payment methods:

a) Directly from the social insurance agency or service organizations authorized by the social insurance agency;

b) Through the worker's bank account.

4. Delegate another person to receive workplace accident insurance benefits.

5. Obtain information from the social insurance agency about social insurance contributions and benefits.

6. Receive state support for voluntary workplace accident insurance contributions as prescribed by this Decree.

7. File complaints, denunciations, and lawsuits regarding social insurance in accordance with the provisions of the law.

Article 33. Obligations of workers participating in voluntary workplace accident insurance

1. Pay voluntary workplace accident insurance contributions as prescribed by this Decree.

2. Comply with regulations on establishing voluntary workplace accident insurance files.

3. Safeguard the social insurance booklet.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect from January 1, 2025.

Article 35. Responsibility for Implementation

1. The Minister of Labor - Invalids and Social Affairs shall guide the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of all levels of People's Committees, and other related organizations and individuals are responsible for implementing this Decree./.

Appendix I

MODEL FOR REPORTING WORKPLACE ACCIDENTS

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

                       

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
                                                 

…., day … month ... year …..

REPORT ON WORKPLACE ACCIDENTS

Respectfully submitted to: Commune People's Committee …

1. Information about the accident:

- Time of occurrence: .. hours ... minutes.. day ... month ... year ...

- Location of occurrence: …

- Summary of events/consequences of the accident: …

..........................................................................................................................................

2. Information about the victim:

- Name: … Male/Female: …

- Date of birth: …

- Address:...

- Social Insurance Booklet number: …

Seal Registration Certificate

MODEL FOR QUICK REPORT OF WORKPLACE ACCIDENTS FOR

WORKERS WHO ARE NOT UNDER LABOR CONTRACTS AND PARTICIPATE IN VOLUNTARY WORKPLACE ACCIDENT INSURANCE AND

COMMUNE/PRECINCT PEOPLE'S COMMITTEE …

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

- Commune/prefecture where the accident occurred: …

2. Information about the workplace accident:

- Address:...

- Telephone:…Fax:…

- Time of occurrence: Hour … minute ... day ... month … year …

- Location of occurrence: …

3. Brief information about the victim:

- Name: … Male/Female: …

- Date of birth: …

4. Brief description of the accident: …

5. Condition of injury of the victim: …

This model applies only in cases of fatal workplace accidents or those causing serious injuries to two or more workers.

^{______________________________}

^[1]MODEL FOR DECISION TO ESTABLISH AN ACCIDENT INVESTIGATION TEAM AT THE LOCAL LEVEL FOR WORKPLACE ACCIDENTS INVOLVING WORKERS NOT UNDER LABOR CONTRACTS AND PARTICIPATING IN VOLUNTARY WORKPLACE ACCIDENT INSURANCE

ANNEX III

COMMUNE PEOPLE'S COMMITTEE …

Number: …/QĐ-UBND

…, day … month … year …

On the establishment of an accident investigation team at the local level

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

Pursuant to …;

Pursuant to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024 of the Government on voluntary workplace accident insurance for workers not under labor contracts;

                      

Establish an accident investigation team at the local level of the district …

Pursuant to Decree No.Comprising the following persons:1. Name …, Position …, Team Leader;

2. Name …, Position …, Member;

At the request of...

DECISION:

Clause 4 of Article 6The accident investigation team is responsible for investigating the workplace accident that occurred at … at … hour … minute, day … month … year …

The persons named in Article 1, and any other individuals involved in the workplace accident are responsible for implementing this Decision.

MODEL FOR RECORD OF STATEMENTS

ACCIDENT INVESTIGATION TEAM

3........................................................................................................................................

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentNumber: …/BB-…….

Article 3. RECORD OF STATEMENTS

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS

At … o'clock … day … month … year …

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

Conducting statement-taking from:

Mr./Mrs.: …;

Other names: …

I:...Position:...

Born on … day … month … year … at: …

Place of residence: …

Working at: …

Other name:…

Date of birth:...month...year...at:…

Place of permanent residence:...

Place of residence:…

Identity card or passport number:…

Place of work:…

Number of identity card (or passport, citizen identification card) number..., issued on...day...month...year....Issuing place:...

Relationship with the accident victim:...

Capacity of declarant: Victim/Knowing party/Party related to the workplace accident.

Mr./Mrs....has been informed of his/her rights and obligations under the law and has signed below to confirm:

QUESTIONS AND ANSWERS

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

The statement-taking process ended at...hours...day...month...year...

This record has been read aloud to the declarant, acknowledged as correct, and signed below for confirmation.

Appendix V

MODEL WORK ACCIDENT INVESTIGATION RECORD OF THE INVESTIGATION TEAM

WORK ACCIDENT AT THE LOCAL LEVEL FOR ACCIDENTS OCCURRING TO

WORKERS NOT UNDER A LABOR CONTRACT

COMMUNE/PRECINCT PEOPLE'S COMMITTEE …

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

INVESTIGATION RECORD OF WORK-RELATED ACCIDENTS

...¹...(Minor or serious)...

1. Location of the accident:

- Name of locality where the work accident occurred (ward level):...

- Belongs to district, province:...

- Telephone, Fax, Email:...

2. Members of the investigation team(name, working unit, position):...

3. Participants in the investigation(name, working unit, position):...

4. Brief biographies of the victims:

- Name:...; Gender:...Male/Female;

- Date of birth:...

- Place of origin:...

- Place of permanent residence:...

- Family circumstances (father/mother, spouse, children):...

- Workplace:...

- Occupation: …²……………………………………………………………….

- Years of experience:...(years); Skill level (if applicable):...

- Received occupational safety and health training: Yes/No.

- Place of voluntary social insurance registration for work-related accidents³: …………………………………………………………………………………………

5. Information about the accident:

- Time of occurrence: At...hours...minutes, on...day...month...year...

- Location of the accident:...

- Start time of work:...

- Hours worked until the accident occurred:...hours...minutes.

6. Course of the accident:................................................................................................

..........................................................................................................................................

7. Cause of the accident:(including clearly identifying whether the work accident was caused by one of the following reasons: fault of the injured worker; fault of another person; fault of both the injured worker and another person; other causes).

8. Conclusion on the accident:(work accident or not a work accident).

9. Conclusion on those at fault and proposed disciplinary actions:...

10. Measures to prevent similar or recurring accidents:

- Content of work:...

..........................................................................................................................................

- Person responsible for implementation:...

- Deadline for completion:...

11. Injury status:

- Location of injury:...

- Severity of injury:...

12. Treatment location and initial measures taken:..................................................................

13. Losses due to work accident:

Property/equipment loss:...VND.

^{______________________________}

¹ Based on the list of factors causing injuries.

² Record the profession name and code according to the profession directory issued by the Prime Minister pursuant to the Statistics Law.

³ Record in detail the Social Insurance Office of the district, town, city, provincial-level city (hereinafter referred to as the Social Insurance Office of the district).

Appendix VI

MINUTES OF MEETING TO ANNOUNCE THE INVESTIGATION RECORD

WORK ACCIDENT INVOLVING WORKERS

NOT UNDER A LABOR CONTRACT

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

                       

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

                                                 

MINUTES OF MEETING

TO ANNOUNCE THE INVESTIGATION RECORD OF WORK ACCIDENT

At...hours...minutes, on...day...month...year...

THE EVIDENCE AND MEANS OF VIOLATION OF ADMINISTRATIVE LAW OF (3) ARE CONFISCATED:

The work accident investigation team organized a meeting to announce the investigation record of the work accident.

I. Participants in the meeting include:

1. Work accident investigation team:...¹........

2. People's Committee of the commune where the work accident occurred:...².......................

3. Related entity (or individual):...³...................

II. Meeting content

…………………………………………………………………………………………………………

The meeting concluded at...hours...minutes on the same day. The minutes were read aloud to all participants who heard them and signed below.

^{______________________________}

¹ Record full name, position, agency of each person.

² Representative of the People's Committee of the commune where the work accident occurred.

³ Clearly record the full names of the victims, persons aware of the incident, and parties related to the work accident.

ANNEX VII

PROPOSAL FOR SETTLING THE WORK ACCIDENT REGIME

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

                      

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
                                                  

..., day...month...year...

APPLICATION FOR SETTLEMENT OF THE WORK ACCIDENT REGIME

Respectfully submitted to: Social Insurance...

Information of the applicant:

- Full name: …

- Address:...

By this application, I request the Social Insurance...to settle the work accident regime for me/my relative who suffered a work accident with the following information:

1. Information about the accident:

- Time of occurrence: .. hours ... minutes.. day ... month ... year ...

- Location of occurrence: …

- Summary of events/consequences of the accident: …

..........................................................................................................................................

Investigated and concluded according to the work accident investigation record number...of the work accident investigation team...

2. Information of the person whose regime is being settled:

- Full name: …

- Year of birth:..., Male/Female:...

- Address:...

- Social Insurance Booklet number: …

3. Documents attached:

- ……….

Appendix VIII

PROPOSAL FOR SETTLING THE WORK ACCIDENT REGIME

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

                         

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
                                                  

..., day... month... year ...

APPLICATION FOR SETTLEMENT OF THE WORK ACCIDENT REGIME SUPPLEMENT

Respectfully submitted to: Social Insurance...

Information of the applicant:

- Full name: …

- Address:...

By this application, I request the Social Insurance...to settle the supplementary work accident regime for me with the following information:

1. Information about the accident:

- Time of occurrence: .. hours ... minutes.. day ... month ... year ...

- Location of occurrence: …

Investigated and concluded according to the work accident investigation record number...of the work accident investigation team...

2. Information of the person whose regime is being settled:

- Full name: …

- Year of birth:..., Male/Female:...

- Address:...

- Social Insurance Booklet number: …

- Already settled initially by the Social Insurance according to Decision number...on...month...year of the Social Insurance...

3. Documents attached:

- ………

ANNEX IX

MODEL DOCUMENT CONFIRMING ACCIDENT

ON THE WAY TO AND FROM HOME TO WORKPLACE

(Attached to Government Decree No. 143/2024/NĐ-CP dated November 1, 2024)

                           

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
                                                 

..., day...month...year...

CONFIRMATION DOCUMENT

Regarding the confirmation of an accident on the way to and from home to workplace

I. INFORMATION ABOUT THE APPLICANT

1. Name:...

2. Date of birth:...Gender:...

3. Address of residence:...

4. Phone:...

5. Identity card number (or passport, citizen identification card):...

Date of issue:...Place of issue:...

6. Relationship with the accident victim:⁽²⁾:.....................................................................................

..........................................................................................................................................

II. REASON AND BASIS FOR APPLICATION

I hereby state the matter as follows⁽³⁾:.....................................................................................

..........................................................................................................................................

..........................................................................................................................................

.......................................................................................................................................... ....

However, due to⁽⁴⁾ ...there was no traffic police force to examine the scene, only the People's Committee/local public security authority of the ward, town, township...⁽⁵⁾ inspected and recorded the incident.

According to Article 35, Clause 5, Point c of the Labor Safety and Health Law, and Article 23 of Decree No. 39/2016/NĐ-CP of the Government, to establish a work accident investigation record for traffic accidents involving workers, it can be based on one of the following documents: Confirmation of the accident by the local police authority where the accident occurred; or confirmation of the accident by the local government authority where the accident occurred.

III. CONTENT OF APPLICATION

With the above reason and basis, I request your esteemed organization to confirm the aforementioned accident with the following information:⁽⁶⁾1. Time of occurrence:...hours...minutes...day...month...year...

2. Location of the accident:...⁽⁷⁾;

3. Information about the accident victim:⁽⁸⁾

a) Full name:...

b) Date of birth:...Gender:...

b) Date of birth:...Gender:…

c) Identification number (ID card or passport or citizen identity card):...

Date of issue:...Issuing authority:...

4. Preliminary course of events of the accident:

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

5. The condition of injury of the victim at the time of the accident (if determined):

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

CERTIFICATION BY THE PEOPLE'S COMMITTEE/ POLICE AUTHORITY OF THE COMMUNE

1. Certification regarding the accident⁽⁹⁾: certification of the information in the application form of Mr./Mrs....is⁽¹⁰⁾…………………………………….…......

..........................................................................................................................................

..........................................................................................................................................

2. Additional opinions on the accident (if any):

..........................................................................................................................................

..........................................................................................................................................

Note:

(1) Specify according to the name of the People's Committee, police authority of commune, ward, town that conducted the inspection and recorded the incident immediately upon occurrence (must be consistent with the description in Part II of the application form).

(2) If the applicant is the victim, this content does not need to be filled out. If the applicant is a relative of the victim, specify the relationship with the victim such as parent, sibling, spouse, colleague,...

(3) Summarize the event consistent with the course of events described in point 4 of Part III of the Application Form; including basic information such as the work or action being performed by the victim at the time of the accident; preliminary cause, factor leading to the accident, injury or damage (if determined immediately at the time of the accident)...

(4) Clearly state the reason for the absence of traffic police investigating the scene, for example:simple accident, minor injuries, due to the accident occurring in remote areas with few people passing through...

(5) Clearly state the name of the agency conducting the inspection and recording the incident.

(6) Clearly state the name of one agency (or People's Committee or police authority of the commune) requesting certification (one of the agencies conducting the inspection and recording the incident).

(7) In case the exact time cannot be determined, indicate the time range; from ...to...

(8) Clearly state the following information: house number, street (or km number...avenue), village, group, commune/ward/town, district, province/city...

(9) Clearly state the name of one agency suitable for certification according to the application form, which is the People's Committee or police authority of the commune.

(10) Record according to one of the two cases below:

- In case there is sufficient information to confirm that the contents in the application form are true, record"The information in the application form of Mr./Mrs....is confirmed to be true".

- In case there is insufficient information to confirm that the contents in the application form are true or in fact, the agency did not send personnel to inspect and record the incident at the scene immediately upon occurrence, then clearly record"Insufficient basis to confirm that the information in the application form of Mr./Mrs....is true", while specifying the reasons or clearly stating the inaccurate contents.