Circular No. 26/2017/TT-BLDTBXH on the detailed regulations and guidance for implementing the compulsory work injury and occupational disease insurance regime

CIRCULAR

Regulations and guidance on implementing compulsory work injury insurance and occupational disease insurance.

Compulsory work injury insurance and occupational disease insurance.

Pursuant to the Labor Safety Law No. 84/2015/QH13 dated June 25, 2015;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law regarding compulsory work injury insurance and occupational disease insurance. Compulsory work injury insurance and occupational disease insurance;shall be compelled;

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, Invalids and Social Affairs issues this circular to regulate and guide the implementation of compulsory work injury insurance and occupational disease insurance.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions of the Labor Safety and Health Law and guides the implementation of Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law on compulsory work injury insurance and occupational disease insurance (hereinafter referred to as Decree No. 37/2016/NĐ-CP).

Article 2. Applicability

1. Workers who are subject to compulsory work injury insurance and occupational disease insurance include:

a) Officials, civil servants, and public officials as prescribed by laws on officials, civil servants, and public officials;

b) National defense workers, police workers, other personnel in confidential organizations; military officers, professional soldiers of the People's Army; officers and non-commissioned officers in specialized technical services of the People's Public Security Force; personnel in confidential organizations receiving salaries equivalent to those of military personnel; non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security Force serving for a fixed term; students at military, police, and confidential schools receiving living expenses;

c) Workers under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or specific job labor contracts with a duration of at least three months but less than twelve months;

d) Workers under labor contracts with a duration of at least one month but less than three months;

e) Managers of enterprises, managers of cooperatives who receive salaries;

f) Workers under labor contracts concluded between employers and legal representatives of persons under fifteen years old as prescribed by labor laws;

g) Workers specified in point b, Clause 2, Article 2 of Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government, belonging to the categories specified in points c, d, and e of this clause.

2. Workers who have retired or are no longer working in occupations or jobs with risks of occupational diseases and suffer from occupational diseases during the period guaranteed according to regulations of the Ministry of Health.

3. Employers as prescribed in Clause 3, Article 2 of the Social Insurance Law.

4. Agencies, organizations, and individuals related to work injury insurance and occupational disease insurance.

5. Persons receiving retirement pensions, social insurance benefits, monthly allowances who are entering into labor contracts shall comply with the provisions of Clause 9 and Clause 10, Article 123 of the Social Insurance Law.

The subjects specified in Clause 1 and Clause 2 of this Article shall hereinafter be referred to as workers.

Chapter II
OCCUPATIONAL INJURY AND PROFESSIONAL DISEASE BENEFITS REGIME

Article 3. Participation in the Work Injury and Occupational Disease Insurance Fund

1. Workers specified in Clause 1, Article 2 of this Circular who are sent for study, internship, or work domestically and abroad and receive salaries, or who are on leave due to cessation of work or waiting for work and receive salaries, their employers must continue to pay contributions to the Work Injury and Occupational Disease Insurance Fund during the periods of study, internship, work, cessation, or waiting for work.

2. In cases where a worker suffers a work injury in the first month of paying contributions to the Work Injury and Occupational Disease Insurance Fund or in the first month returning to work after a break in contributions due to termination of a labor contract, the employer must pay contributions to the Work Injury and Occupational Disease Insurance Fund for that month.

3. Workers suffering from work injuries or occupational diseases during a period of rest for treatment and recovery of work capacity shall be paid full wages according to the labor contract stipulated in Clause 3, Article 38 of the Labor Safety and Health Law by the employer where the work injury or occupational disease occurred, and the employer must fully contribute to the social insurance funds as prescribed.

4. Employers are responsible for fully paying work injury and occupational disease insurance, including interest as prescribed, for workers meeting the conditions for work injury and occupational disease benefits or terminating labor contracts or employment contracts in a timely manner to resolve the rights and interests of workers.

Article 4. Time period and monthly salary as basis for calculating benefits for occupational accidents and occupational diseases

1. The time period serving as the basis for calculating benefits for occupational accidents and occupational diseases is the total time during which the employee has contributed to the occupational accident and occupational disease insurance fund, excluding overlapping contribution periods from different employment contracts; if contributions are not continuous, they are accumulated; the time during which employees held positions as stipulated in Decree No. 09/1998/NĐ-CP dated January 23, 1998 before January 1, 1998, and were entitled to social insurance benefits shall be counted towards the time period for occupational accident and occupational disease benefits.

2. The time during which an employee takes leave due to illness under the Social Insurance Law, and the time during which the employee does not work or takes unpaid leave for 14 working days or more in a month, the employer does not contribute to the occupational accident and occupational disease insurance fund for that month, and such month is not counted as a contribution period to the occupational accident and occupational disease insurance fund, except as provided in Clause 2, Article 3 of this Circular.

3. The time during which an employee takes leave due to maternity under the Social Insurance Law for 14 working days or more in a month, the employer is not required to contribute to the occupational accident and occupational disease insurance fund, but it is counted as a contribution period to the occupational accident and occupational disease insurance fund, specifically as follows:

a) In cases where the employment contract expires during the period the employee is on maternity leave, the period of maternity leave from the start of the leave until the expiration of the employment contract is counted as a contribution period to the occupational accident and occupational disease insurance fund; the period of maternity leave after the expiration of the employment contract is not counted as a contribution period to the occupational accident and occupational disease insurance fund.

b) The period of maternity leave of an employee who terminates their employment contract, employment agreement, or ceases work before the date of childbirth or adoption of a child under six months old as stipulated in Clause 4, Article 31 of the Social Insurance Law is not counted as a contribution period to the occupational accident and occupational disease insurance fund.

c) In cases where a female worker returns to work before the end of her maternity leave period as prescribed, the period of maternity leave from the start of the leave until she returns to work before the end of the leave period is counted as a contribution period to the occupational accident and occupational disease insurance fund; from the date she returns to work before the end of the maternity leave period, the female worker continues to be entitled to maternity leave benefits until the end of the period specified in Clause 1 or Clause 3, Article 34 of the Social Insurance Law, but the employer must contribute to the occupational accident and occupational disease insurance fund.

d) In cases where the father or direct caregiver, the surrogate mother, or the father who has entrusted surrogacy enjoys maternity leave without taking leave, the employer must continue to contribute to the occupational accident and occupational disease insurance fund.

4. Employees specified in Clause 1, Article 2 of this Circular, when temporarily detained or suspended from work and thus temporarily unable to participate in the occupational accident and occupational disease insurance fund, if subsequently allowed to make up contributions according to the social insurance law, the makeup contribution period will be counted as a contribution period to the occupational accident and occupational disease insurance fund.

5. The time period for which social insurance benefits have already been calculated based on one-time social insurance benefits shall not be counted as the basis for calculating occupational accident and occupational disease benefits.

6. Total number of years contributing to the occupational accident and occupational disease insurance fund:

a) For cases of occupational accidents, it is the total number of years contributing to the occupational accident and occupational disease insurance fund up to the month immediately preceding the month of the occupational accident;

b) For cases of occupational diseases, it is the total number of years contributing to the occupational accident and occupational disease insurance fund up to the month immediately preceding the month of performing the job that caused the occupational disease.

One year is equivalent to twelve months.

In cases where an employee simultaneously enters into employment contracts with multiple employers, overlapping contribution periods from different employment contracts are only counted once.

7. The monthly salary used as the basis for calculating occupational accident and occupational disease benefits is understood as the monthly salary immediately preceding the month of the occupational accident or occupational disease; for cases of occupational diseases after retirement or cessation of work in jobs with occupational disease risks, it is the last monthly salary paid into the occupational accident and occupational disease insurance fund for the job that caused the occupational disease. In cases where an employee suffers an occupational accident in the first month of contributing to the occupational accident and occupational disease insurance fund or suffers an occupational accident or occupational disease upon returning to work after a break in contributions due to termination of the employment contract, it is the monthly salary paid into the occupational accident and occupational disease insurance fund for that month. In cases where an employee began participating in social insurance before January 1, 2016 and falls within the category of those implementing state-prescribed salary systems, the basis for calculating assistance payments is calculated based on the salary coefficient and allowances (if any) multiplied by the basic salary at the time of receiving assistance.

In cases where an employee simultaneously enters into employment contracts with multiple employers, the amount of assistance received is calculated based on the total of the monthly salaries used as the basis for contributing to the occupational accident and occupational disease insurance fund for all employment contracts in the month immediately preceding the month of the occupational accident or occupational disease of the last occurrence, but not exceeding twenty times the basic salary.

Article 5. One-time work injury allowance and occupational disease allowance for workers who have been assessed for the first time regarding their reduced capacity to work.

1. The one-time work injury allowance and occupational disease allowance prescribed in Clause 2, Article 48 of the Labor Safety and Health Law shall be calculated as follows:

In which: {5 x L_{Maximum Downhill Gradient} + (m-5) x 0,5 x L_{Maximum Downhill Gradient}} + {0,5 x L + (t-1) x 0,3 x L}
- L_{Maximum Downhill Gradient}: the minimum wage level at the time of receipt.
- m: the degree of reduced capacity to work due to work injury or occupational disease (absolute value 5 ≤ m ≤ 30).
- L: the monthly salary contribution rate to the work injury and occupational disease insurance fund as stipulated in Clause 7, Article 4 of this Circular.
- t: the total number of years contributing to the work injury and occupational disease insurance fund as stipulated in Clause 6, Article 4 of this Circular.

Example 1: Mr. A, a civil servant, suffered a work injury on June 16, 2017. After stable treatment and discharge on July 5, 2017, he was assessed with a 20% reduction in his capacity to work due to the work injury. Mr. A has contributed 10 years to the work injury and occupational disease insurance fund; his salary contribution rate to the work injury and occupational disease insurance fund in May 2017 under the state-specified salary system with a coefficient of 3.66. The minimum wage level in July 2017 is 1,300,000 VND. Therefore, the one-time work injury allowance for Mr. A is calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
5 x 1,300,000 + (20 - 5) x 0,5 x 1,300,000 = 16,250,000 VND
- The allowance amount based on the number of years contributing to the work injury and occupational disease insurance fund:
0,5 x 3,66 x 1,300,000 + (10 - 1) x 0,3 x 3,66 x 1,300,000 = 15,225,600 VND.
- Mr. A's one-time allowance is:
16,250,000 + 15,225,600 = 31,475,600 VND

Example 2: Mr. B suffered a work injury on May 12, 2017. After stable treatment and discharge on August 10, 2017, he was assessed with a 20% reduction in his capacity to work due to the work injury.
Mr. B started participating in social insurance from January 2016 under the state-specified salary system, contributing 1 year and 4 months to the work injury and occupational disease insurance fund; his salary contribution rate to the work injury and occupational disease insurance fund in April 2017 with a coefficient of 2.34; with a minimum wage level of 1,300,000 VND in August 2017, the one-time work injury allowance for Mr. B is calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
5 x 1,300,000 + (20 - 5) x 0,5 x 1,300,000 = 16,250,000 VND
- The allowance amount based on the number of years contributing to the work injury and occupational disease insurance fund: 0,5 x 2,831,400 = 1,415,700 VND
(Mr. B's social insurance contribution in April 2017 was: 2,34 x 1,210,000 = 2,831,400 VND)
- Mr. B's one-time allowance is:
16,250,000 + 1,415,700 = 17,665,700 VND

Example 3: Mr. D suffered a work injury in August 2016. After stable treatment, he was assessed with a 20% reduction in his capacity to work due to the work injury. Mr. D has contributed 14 years to social insurance (including 1 year under Decree No. 09/2016/NĐ-CP dated January 23, 1998, 2 years voluntarily, 1 year under dual pension and death benefit schemes, and 10 years to the work injury and occupational disease insurance fund); his salary contribution rate to the work injury and occupational disease insurance fund in July 2016 was 3,200,000 VND; the minimum wage level at the time of receipt was 1,210,000 VND/month.
Mr. D qualifies for a one-time work injury allowance with the allowance amount calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
5 x 1,210,000 + (20 - 5) x 0,5 x 1,210,000 = 15,125,000 VND
- The allowance amount based on the number of years contributing to the work injury and occupational disease insurance fund: 0,5 x 3,200,000 + (10 - 1) x 0,3 x 3,200,000 = 10,240,000 VND
- Mr. D's one-time allowance is:
15,125,000 + 10,240,000 = 25,365,000 VND.

Example 4: Mr. B began contributing to the work injury and occupational disease insurance fund at Company X in September 2016 and suffered a work injury on September 16, 2016. After stable treatment, he was assessed with a 20% reduction in his capacity to work due to the work injury, with a salary contribution rate to the work injury and occupational disease insurance fund in September 2016 of 3,200,000 VND. The minimum wage level at the time of receipt was 1,210,000 VND/month. Mr. B qualifies for a one-time work injury allowance with the allowance amount calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
5 x 1,210,000 + (20 - 5) x 0,5 x 1,210,000 = 15,125,000 VND
- The allowance amount based on the number of years contributing to the work injury and occupational disease insurance fund: 0,5 x 3,200,000 = 1,600,000 VND
- Mr. B's one-time allowance is:
15,125,000 + 1,600,000 = 16,725,000 VND

2. The monthly work injury allowance and occupational disease allowance prescribed in Clause 2, Article 49 of the Labor Safety and Health Law shall be calculated as follows:

In which: {0,3 x L_{Maximum Downhill Gradient} + (m-31) x 0,02 x L_{Maximum Downhill Gradient}} + {0,05 x L + (t-1) x 0,003 x L}
-_{Maximum Downhill Gradient}: the minimum wage level at the time of receipt.
- m: the degree of reduced capacity to work due to work injury or occupational disease (absolute value 31 ≤ m ≤ 100).
- L: the monthly salary contribution rate to the work injury and occupational disease insurance fund as stipulated in Clause 7, Article 4 of this Circular.
- t: the total number of years contributing to the work injury and occupational disease insurance fund as stipulated in Clause 6, Article 4 of this Circular.

Example 5: Mr. E suffered a traffic accident while attending a meeting in August 2016. After stable treatment, he was assessed with a 40% reduction in his capacity to work due to the work injury.
Mr. E has contributed 12 years to the work injury and occupational disease insurance fund, with a salary contribution rate to the work injury and occupational disease insurance fund in July 2016 of 3,400,000 VND. The minimum wage level at the time of receipt is 1,210,000 VND/month. Mr. E qualifies for a monthly work injury allowance with the allowance amount calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
0,3 x 1,210,000 + (40 - 31) x 0,02 x 1,210,000 = 580,800 (dong/thang)
- Level of assistance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund:
0,005 x 3,400,000 + (12 - 1) x 0,003 x 3,400,000 = 129,200 (dong/thang)
- The monthly assistance level for Mr. E is:
580,800 dong/thang + 129,200 dong/thang = 710,000 (dong/thang).

Example 6: Mr. M joined the occupational accident and occupational disease insurance fund at Company X from September 2016 and suffered an occupational accident on September 5, 2016. After his injury stabilized, he was assessed by the Medical Appraisal Board to have a 40% reduction in work capacity due to the occupational accident, with a contribution salary to the occupational accident and occupational disease insurance fund in September 2016 being 3,400,000 dong. The base salary at the time of benefit receipt is 1,210,000 dong/thang. Mr. M is entitled to monthly occupational accident assistance calculated as follows:
- The allowance amount based on the degree of reduced capacity to work:
0,3 x 1,210,000 + (40 - 31) x 0,02 x 1,210,000 = 580,800 (dong/thang)
- Level of assistance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund: 0,005 x 3,400,000 = 17,000 (dong/thang)
- The monthly assistance level for Mr. E is:
580,800 dong/thang + 17,000 dong/thang = 597,800 (dong/thang)

Example 7: Mr. Q contributed to the occupational accident and occupational disease insurance fund at Company X from January 2015 to December 2017 with a salary of 17,000,000 dong/thang. He also contributed to the occupational accident and occupational disease insurance fund at Company Z from January 2017 to December 2018 with a salary of 5,000,000 dong/thang.

On January 9, 2017, Mr. Q suffered an occupational accident. Therefore, Company Z must still contribute to the occupational accident and occupational disease insurance fund for Mr. Q in January 2017, and the period and salary used to calculate the occupational accident assistance based on the number of years contributed to the occupational accident and occupational disease insurance fund for Mr. Q are as follows:
- The period for receiving occupational accident assistance for Mr. Q is only counted from January 2015 to December 2016.
- The salary basis for calculating occupational accident assistance based on the period contributed to the occupational accident and occupational disease insurance fund for Mr. Q is determined as follows:
+ It is the total salary of December 2016 at Company X and the salary of January 2017 at Company Z if Mr. Q had the accident at Company Z;
+ It is the salary of December 2016 at Company X if Mr. Q had the accident at Company X.

Example 8: Mr. A entered into a labor contract and joined the occupational accident and occupational disease insurance fund at Company X. At the same time, Mr. A had a labor contract and joined the occupational accident and occupational disease insurance fund with Company Y. In August 2016, while traveling to a conference assigned by the employer at Company X, Mr. A was involved in a traffic accident. After stabilizing his injuries, Mr. A was appraised to have a 40% reduction in work capacity.
Mr. A has 12 years of contributions to the occupational accident and occupational disease insurance fund; the total salary contributed to the occupational accident and occupational disease insurance fund at Company X and Company Y is 13,400,000 dong. The base salary at the time of starting to receive occupational accident assistance is 1,210,000 dong/thang. Mr. A is entitled to monthly assistance calculated as follows:
- Level of assistance calculated based on the reduction in work capacity = 0,3 x 1,210,000 + (40 - 31) x 0,02 x 1,210,000 = 580,800 dong/thang.
- Level of assistance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund = 0,005 x 13,400,000 + (12 - 1) x 0,003 x 13,400,000 = 509,200 dong/thang.
- The monthly assistance level is 580,800 + 509,200 = 1,090,000 dong/thang.
Company X is responsible for preparing the file and submitting it to the social insurance agency where social insurance is currently being paid to resolve the occupational accident benefits for Mr. A.

Example 9: In August 2016, Mr. A simultaneously had a labor contract and joined the occupational accident and occupational disease insurance fund at Company X and Company Y. On August 20, 2016, while traveling to a conference assigned by the employer at Company X, Mr. A was involved in a traffic accident. After stabilizing his injuries, Mr. A was appraised to have a 40% reduction in work capacity.
The total salary contributed to the occupational accident and occupational disease insurance fund at Company X and Company Y is 13,400,000 dong. Assuming the base salary at the time of benefit receipt is 1,210,000 dong/thang. Mr. A is entitled to monthly assistance calculated as follows:
- Level of assistance calculated based on the reduction in work capacity = 0,3 x 1,210,000 + (40 - 31) x 0,02 x 1,210,000 = 580,800 dong/thang.
- Level of assistance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund = 0,005 x 13,400,000 = 67,000 dong/thang.
- The monthly assistance level is 580,800 dong/thang + 67,000 dong/thang = 647,800 dong/thang.
Company X is responsible for preparing the file and submitting it to the social insurance agency where social insurance is currently being paid to resolve the occupational accident benefits for Mr. A.

3. Persons currently receiving monthly occupational accident assistance who leave the country to settle abroad may request to receive a one-time assistance payment, which is equal to three months' worth of their current monthly assistance.

Example 10: Ms. A is currently receiving monthly occupational accident assistance with a level of assistance of 2,000,000 dong in December 2016. In January 2017, Ms. A left the country to settle abroad and received a one-time assistance payment of: 3 x 2,000,000 dong = 6,000,000 dong.

4. Workers infected with HIV/AIDS due to occupational risks while performing their duties shall be entitled to monthly occupational disease assistance equivalent to the lowest level of benefit for workers suffering from occupational diseases resulting in a 61% reduction in work capacity without requiring medical appraisal.

If medical appraisal results in a higher percentage of work capacity reduction, the benefit level will be calculated based on the percentage of work capacity reduction stated in the Medical Appraisal Board's conclusion, and the benefit claim file in this case must include the Medical Appraisal Report.

Article 6. Resolution of Work Injury Allowance and Occupational Disease Allowance for Workers Reassessed for Reduced Work Capacity After Recurrence of Injury or Illness

1. For workers receiving work injury allowance and occupational disease allowance under social insurance laws prior to January 1, 2007:

a) For workers who have received a one-time work injury allowance and occupational disease allowance under social insurance laws prior to January 1, 2007:

- In cases where the reassessment results in a reduced work capacity below 31%, they shall be entitled to a one-time allowance at the level specified as follows:

- In cases where the reassessment results in a reduced work capacity of 31% or more, they shall be entitled to monthly work injury allowance and occupational disease allowance according to the provisions of point b of this clause.

Example 11: Mr. B suffered a work injury in October 2006 with a reduced work capacity of 21%, and received a one-time allowance of 5,400,000 VND. In March 2017, due to recurrence of the injury, he was reassessed and his new reduced work capacity was 45%. Mr. B falls into group 2 and is entitled to a monthly allowance equal to 0.6 times the minimum wage.
Assuming the minimum wage at the time of the reassessment conclusion by the Medical Examination Board is 1,210,000 VND/month, Mr. B's monthly allowance is: 0.6 x 1,210,000 = 720,000 VND/month.

b) For workers who have been receiving monthly work injury allowance and occupational disease allowance under social insurance laws prior to January 1, 2007, after reassessment, they shall be entitled to a monthly allowance based on the reassessment results as follows:

2. For workers who have received a one-time work injury allowance and occupational disease allowance from January 1, 2007 onwards:

a) After reassessment, if the reduced work capacity increases compared to before but remains below 31%, they shall be entitled to a one-time allowance. The amount of the one-time allowance is calculated as the difference between the allowance calculated based on the new reduced work capacity and the allowance calculated based on the previous reduced work capacity.

Example 12: Mr. C suffered a work injury in August 2013 with a reduced work capacity of 20%. In October 2016, due to recurrence of the injury, he was reassessed and his new reduced work capacity was 30%. The minimum wage at the time of the reassessment conclusion by the Medical Examination Board is 1,210,000 VND/month. Mr. C is entitled to a one-time allowance as follows:
{5 x Lmin + (30 - 5) x 0.5 x Lmin} - {5 x Lmin + (20 - 5) x 0.5 x Lmin} =
= (5 x Lmin + 12.5 x Lmin) - (5 x Lmin + 7.5 x Lmin) = 5 x Lmin =
= 5 x 1,210,000 VND = 6,050,000 VND

Where:
- Lmin: the minimum wage at the time of entitlement.

b) After reassessment, if the reduced work capacity is 31% or more, they shall be entitled to a monthly allowance, wherein the allowance calculated based on the reduced work capacity is based on the new reduced work capacity; the allowance calculated based on years of social insurance contributions is based on the number of years of contributions and the monthly salary or wages already counted for the one-time allowance before the reassessment.

Example 13: Mr. P suffered a work injury in August 2016 with a reduced work capacity of 20%. Prior to the month of the injury, Mr. P had contributed 10 years to the work injury and occupational disease insurance fund and his last month's contribution salary or wages was 3,500,000 VND. Due to recurrence of the injury, in October 2018, Mr. P was reassessed and his new reduced work capacity was 32%. Assuming the minimum wage at the time of the reassessment conclusion by the Medical Examination Board is 1,300,000 VND/month. Mr. P is entitled to a monthly allowance calculated as follows:

In which: {0,3 x L_{Maximum Downhill Gradient} + (m-31) x 0,02 x L_{Maximum Downhill Gradient}} + {0.005 x L + (t-1) x 0.003 x L}
-_{Maximum Downhill Gradient}: the minimum wage level at the time of receipt.
- m: the degree of reduced capacity to work due to work injury or occupational disease (absolute value 31 ≤ m ≤ 100).
- L: the monthly salary contribution rate to the work injury and occupational disease insurance fund as stipulated in Clause 7, Article 4 of this Circular.
- t: the total number of years contributing to the work injury and occupational disease insurance fund as stipulated in Clause 6, Article 4 of this Circular.
- The allowance calculated based on the new reduced work capacity is:
0.3 x L_{Maximum Downhill Gradient} + (32 - 31) x 0.02 x L_{Maximum Downhill Gradient} = 0.3 x L_{Maximum Downhill Gradient} + 0.02 x L_{Maximum Downhill Gradient} = 0.32 x L_{Maximum Downhill Gradient} = 0.32 x 1,300,000 = 416,000 VND
- The allowance calculated based on years of social insurance contributions is:
0.005 x L + (10 - 1) x 0.003 x L = 0.005 x L + 0.027 x L = 0.032 x L = 0.032 x 3,500,000 = 112,000 VND
- Mr. P's monthly allowance is:
416,000 VND + 112,000 VND = 528,000 VND

3. For workers who have been receiving monthly work injury allowance and occupational disease allowance from January 1, 2007 onwards, when reassessed and their reduced work capacity changes, the new monthly allowance shall be calculated according to Clause 2 of Article 5 of this Circular, wherein the allowance calculated based on the reduced work capacity is based on the new reduced work capacity. The allowance calculated based on years of social insurance contributions is the current level of entitlement.

Example 14: Mr. D suffered a work injury in September 2016 with a reduced work capacity of 40%, and has been receiving a monthly work injury allowance, including an allowance calculated based on years of participation in the work injury and occupational disease insurance fund currently at 112,000 VND/month. Due to recurrence of the injury, in November 2018, Mr. D was reassessed and his new reduced work capacity was 45%. Assuming the minimum wage at the time of the reassessment conclusion by the Medical Examination Board is 1,300,000 VND/month.
Mr. D is entitled to a monthly allowance calculated as follows:

 Where:
- The allowance calculated based on the new reduced work capacity is:
0.3 x 1,300,000 + (45-31) x 0.02 x 1,300,000 = 754,000 (dong/thang)
- The level of compensation calculated based on the number of years contributed to the occupational accident and occupational disease insurance fund is the current benefit amounting to 112,000 dong/month.
- The new monthly compensation level for Mr. D is:
754,000 dong + 112,000 dong = 866,000 dong

4. Workers suffering from occupational accidents or occupational diseases whose degree of work capacity impairment does not meet the conditions for receiving occupational accident and occupational disease benefits but who experience a recurrence of injury or illness after being assessed as having a degree of work capacity impairment that meets the conditions for receiving such benefits shall have their compensation calculated according to the provisions of Clause 1 and Clause 2 of Article 5.

5. The level of occupational accident and occupational disease benefits for workers whose degree of work capacity impairment is reassessed under Clause 2 and Clause 3 of this Article shall be calculated based on the minimum wage at the month when the reassessment conclusion is made by the Medical Examination Board.

6. The file for receiving occupational accident and occupational disease benefits for those who suffer from occupational accidents or occupational diseases and are reassessed after a recurrence of injury or illness includes:

a) Social insurance book for cases where occupational accidents or occupational diseases were previously assessed but did not meet the conditions regarding the degree of work capacity impairment to receive benefits; a valid copy (a certified true copy made from the original book or a copy made from the original or a copy that has been compared with the original) of the file for receiving occupational accident and occupational disease benefits for cases that have already received such benefits.

c) Accident investigation report or measurement results of hazardous environments for cases that completed treatment and were discharged before July 1, 2016, where the previous assessment did not meet the conditions regarding the degree of work capacity impairment to receive benefits; in cases of traffic accidents determined to be occupational accidents, one of the following documents must also be provided: Traffic accident scene examination record, traffic accident site diagram, or traffic accident report issued by the police or military criminal investigation agency.

d) Assessment record of the most recent degree of work capacity impairment by the Medical Examination Board for cases that were previously assessed but did not meet the conditions regarding the degree of work capacity impairment to receive benefits.

đ) Reassessment record of the degree of work capacity impairment after the recurrence of injury or illness by the Medical Examination Board.

e) Prescription from a medical facility, orthopedic facility, or rehabilitation facility for the provision of living aids or orthopedic devices (if applicable) as stipulated.

Article 7. Resolution of occupational accident and occupational disease benefit regimes for workers who have already received one-time or monthly benefits and subsequently suffer from new occupational accidents or occupational diseases or HIV/AIDS due to occupational risks and are comprehensively assessed.

1. For workers who have already received one-time or monthly occupational accident and occupational disease benefits and suffered from new occupational accidents or occupational diseases starting from January 1, 2007 onwards, the resolution of occupational accident and occupational disease benefits will depend on the degree of work capacity impairment caused by the new occupational accident or occupational disease after comprehensive assessment, including:

a) The level of compensation calculated based on the new degree of work capacity impairment is calculated based on the minimum wage at the month when the comprehensive assessment conclusion is made by the Medical Examination Board or at the month when the HIV/AIDS confirmation certificate is issued.

b) The level of compensation calculated based on the number of years contributed to the occupational accident and occupational disease insurance fund after comprehensive assessment is calculated based on the number of years contributed to the occupational accident and occupational disease insurance fund up to the time of the last occupational accident or occupational disease and the monthly salary paid into the occupational accident and occupational disease insurance fund according to Clause 7 of Article 4 of this Circular for the last occupational accident or occupational disease diagnosis.

Example 15: Ms. K had a contribution period to the occupational accident and occupational disease insurance fund at Company X from January 1, 2015 to October 2017 with a monthly salary of 15,000,000 dong. On July 9, 2016, Ms. K suffered an occupational accident and was assessed by the Medical Examination Board with a 20% degree of work capacity impairment, and she received one-time occupational accident benefits. From January 1, 2017 to December 31, 2017, Ms. K had a labor contract and participated in occupational accident and occupational disease insurance with Company Z with a monthly salary of 4,000,000 dong. On March 21, 2017, Ms. K suffered another occupational accident and was assessed by the Medical Examination Board with a combined degree of work capacity impairment of 27%.
- The level of compensation calculated based on the combined degree of work capacity impairment:
5 x 1,210,000 + (27 - 5) x 0.5 x 1,210,000 = 19,360,000 dong
- The level of compensation calculated based on the contribution period to the occupational accident and occupational disease insurance fund:
+ The period for calculating occupational accident benefits is from January 2015 to February 2017 and from January 2017 to February 2017, totaling 28 months. Since there is an overlapping period from January 2017 to February 2017, the total period for calculating occupational accident benefits is 26 months, which is 2 years and 2 months.
+ The salary for calculating occupational accident benefits is: 15,000,000 dong + 4,000,000 dong = 19,000,000 dong
+ The level of compensation calculated based on the number of years contributed to the occupational accident and occupational disease insurance fund is:
0.5 x 19,000,000 + (2-1) x 0.3 x 19,000,000 = 15,200,000 dong
- The new level of occupational accident benefits is:
19,360,000 dong + 15,200,000 dong = 34,560,000 dong

Example 16: Mr. G suffered a workplace accident in August 2016 with a 40% reduction in work capacity. In October 2016, he had another workplace accident and was treated at a hospital. After his treatment stabilized, Mr. G was discharged from the hospital in November 2016 and underwent a comprehensive medical assessment by the Medical Assessment Council in December 2016, resulting in a 45% reduction in work capacity after the comprehensive assessment. As of September 2016, Mr. G had contributed to the occupational accident and occupational disease insurance fund for 13 years, with the amount of salary contributed to the occupational accident and occupational disease insurance fund in September 2016 being 3,680,000 VND. Assuming the minimum wage at the month of the comprehensive assessment conclusion by the Medical Assessment Council was 1,210,000 VND/month, Mr. G's monthly allowance would be calculated as follows:
- The level of allowance based on the percentage of reduced work capacity after the comprehensive assessment:
0.3 x 1,210,000 + (45 - 31) x 0.02 x 1,210,000 = 701,800 (VND/month)
- The level of allowance based on the number of years contributing to the occupational accident and occupational disease insurance fund:
0.005 x 3,680,000 + (13 - 1) x 0.003 x 3,680,000 = 150,880 (VND/month)
- Mr. G's new monthly allowance is:
701,800 VND/month + 150,880 VND/month = 852,680 (VND/month)

Example 17: Mr. A has been contributing to the occupational accident and occupational disease insurance fund at Company X from January 1, 2013 to October 2015 with a salary of 20,000,000 VND/month. On March 1, 2014, Mr. A suffered a workplace accident, which was assessed by the Medical Assessment Council at a 45% disability rate, entitling him to a monthly occupational accident benefit. From January 2016 to December 2016, Mr. A contributed to the occupational accident and occupational disease insurance fund at Company Y with a salary of 24,200,000 VND/month. At the same time, Mr. A entered into a labor contract and participated in occupational accident and occupational disease insurance with Company Z from July 1, 2016 to December 2016 with a salary of 3,000,000 VND/month.
On December 1, 2016, Mr. A suffered another workplace accident, which was assessed by the Medical Assessment Council at a 58% disability rate. Assuming the minimum wage at the month of the reassessment conclusion by the Medical Assessment Council was 1,210,000 VND/month, Mr. A's monthly occupational accident allowance would be calculated as follows:
- The level of compensation calculated based on the combined degree of work capacity impairment:
0.3 x 1,210,000 + (58-31) x 0.02 x 1,210,000 = 1,016,400 (VND/month)
- The level of allowance based on the number of years contributing to the occupational accident and occupational disease insurance fund:
+ The salary for calculating the occupational accident allowance is:
24,200,000 + 3,000,000 = 27,200,000 (VND), which is greater than 20 times the minimum wage, so it is only calculated as 20 times the minimum wage = 24,200,000 VND.
+ The period for calculating the occupational accident allowance is: 34 months (from January 2013 to October 2015) + 11 months (from January 2016 to November 2016) = 45 months = 3 years 9 months.
The allowance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund is:
0.005 x 24,200,000 + (3-1) x 0.003 x 24,200,000 = 266,200 VND.
- The new level of occupational accident benefits is:
1,016,400 + 266,200 = 1,282,600 (VND/month).

2. Workers who suffer occupational accidents or occupational diseases while participating in occupational accident and occupational disease insurance under multiple employment contracts, and subsequently suffer another occupational accident or occupational disease where the number of employment contracts they participate in at the time of the accident or disease is less than the number of contracts when they suffered the previous accident or disease, and the allowance calculated according to Clause 1 of this Article is lower than the current benefit, shall continue to receive the current benefit.

Example 18: In the case of Mr. A as described in Example 17, assume that Mr. A's contract with Company Z runs from July 1, 2016 to December 2018 with a salary of 3,000,000 VND/month.
On March 1, 2018, Mr. A suffered another workplace accident, which was assessed by the Medical Assessment Council at a 70% disability rate. Assuming the minimum wage at the month of the reassessment conclusion by the Medical Assessment Council was 1,210,000 VND/month, Mr. A's monthly occupational accident allowance would be calculated as follows:
- The current allowance Mr. A receives is: 1,282,600 (VND/month).
- The level of compensation calculated based on the combined degree of work capacity impairment:
0.3 x 1,210,000 + (70-31) x 0.02 x 1,210,000 = 1,306,800 (VND/month).
- The period for calculating the occupational accident allowance is: 34 months (from January 2013 to October 2015) + 26 months (from January 2016 to February 2018) = 60 months = 5 years.
+ The salary for calculating the occupational accident allowance is: 3,000,000 (VND).
+ The new period for calculating the occupational accident allowance is: 5 years. The allowance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund is:
0.005 x 3,000,000 + (5 - 1) x 0.003 x 3,000,000 = 51,000 VND.
Therefore, the new allowance calculated based on the number of years contributing to the occupational accident and occupational disease insurance fund is lower than the current benefit, so the current benefit of 266,200 VND will remain unchanged.
- The new level of occupational accident benefits is:
1,306,800 + 266,200 = 1,573,000 (VND).

3. The date of receiving the allowance is counted from the month the worker finishes treatment and is discharged from the hospital for the last occupational accident or occupational disease treatment, or from the month of the Medical Assessment Council's conclusion in cases where there is no inpatient treatment or where the completion of stable treatment and discharge cannot be determined.

4. Documents for workers suffering occupational accidents or occupational diseases after a comprehensive assessment due to continued occupational accidents or occupational diseases include:

a) Social Insurance Book; certified copy (a copy certified as a true copy of the original book or a copy compared with the original) of the occupational accident and occupational disease allowance claim file for cases that have already received occupational accident and occupational disease allowance benefits.

b) Discharge certificate or extract from the medical record after treatment for the last occupational accident or occupational disease.

c) Accident investigation report; in cases of traffic accidents identified as occupational accidents, one of the following documents must also be provided: accident scene examination report, traffic accident site diagram, or traffic accident report by the police or military criminal investigation agency for cases where treatment was completed and discharge occurred before July 1, 2016, and the degree of work capacity reduction was not assessed.

d) Environmental measurement results with harmful elements for cases where treatment has been completed and discharged before July 1, 2016 without having had their work capacity impairment level appraised.

đ) The consolidated appraisal record of the Work Capacity Impairment Level Appraisal Council for cases where the Work Capacity Impairment Level has already been appraised due to a previous occupational accident or occupational disease but did not meet the conditions for receiving benefits; in such cases, there should be an additional appraisal record of the previous Work Capacity Impairment Level.

e) A request document for resolving occupational accident and occupational disease benefits according to the model for the latest occupational accident or occupational disease case; in cases where a previous occupational accident or occupational disease occurred but was not resolved, there should be an additional resolution request document from the unit where the previous accident or disease occurred.

g) The designation by medical examination and treatment facilities, orthopedic and rehabilitation centers regarding the provision of living aids and orthopedic devices (if applicable) as stipulated.

Article 8. Regulations on providing money for purchasing living aids and orthopedic devices and the duration of provision.

1. Workers who suffer from occupational accidents or occupational diseases resulting in damage to bodily functions shall be provided with money to purchase living aids and orthopedic devices according to the designation at medical examination and treatment facilities, orthopedic and rehabilitation centers under the Ministry of Labor - Invalids and Social Affairs or provincial-level hospitals and equivalent institutions (referred to as orthopedic and rehabilitation centers).

2. Types of living aids and orthopedic devices and the duration

a) Artificial arm

b) Plastic arm brace

c) Artificial leg

d) Plastic leg brace

đ) A pair of orthopedic shoes or orthopedic sandals

e) Thigh brace, calf brace

g) Orthopedic shirt

h) Wheelchair or walker or substitute means purchased with the provided money for wheelchair or walker

i) Crutches

k) Hearing aid

l) Artificial eye implant

m) False teeth fabrication according to the number of missing teeth; false jaw installation due to jaw damage

n) Purchase of daily necessities for cases of hemiplegia, complete paralysis, or agitated mental disorder

In cases of simultaneous occurrence of agitated mental disorder and hemiplegia or complete paralysis, only one payment for purchasing daily necessities will be made.

o) When providing a wheelchair or walker simultaneously with an artificial leg, the usage period for each device is six years.

3. The amount of money provided for purchasing living aids and orthopedic devices (including money for purchasing accessories and maintenance), and the duration of provision are detailed in Appendix I attached to this Circular.

4. The provision of money for purchasing living aids and orthopedic devices (including money for purchasing accessories and maintenance) for the entire usage period shall be implemented in one lump sum.

Article 9. Provision of money for purchasing living aids and orthopedic devices

1. Individuals receiving living aids and orthopedic devices must submit to the designated Social Insurance agency of the authorized orthopedic and rehabilitation center as stipulated in Clause 1 of Article 8 of this Circular regarding the use of living aids and orthopedic devices.

2. The Social Insurance agency

a) Within ten working days from the date of receipt of valid documents as prescribed in Clause 1 of this Article, it shall have the responsibility to check and verify the file, issue a decision on providing money for purchasing living aids and orthopedic devices according to the duration for workers suffering from occupational accidents or occupational diseases.

b) If the submitted documents are invalid, within three working days, it must provide a written response detailing the reasons along with all submitted documents to the applicant.

Article 10. Procedure and documents for handling occupational disease benefits for workers who have retired or no longer work in occupations with occupational disease risks

1. In cases where workers have retired or left their jobs but are still within the guarantee period, the worker shall submit their personal health records to the occupational health examination facility for occupational disease detection. After receiving the results of the occupational disease detection, the occupational health examination facility shall complete the occupational disease examination file for the worker in accordance with the regulations of the Ministry of Health.

2. In cases where workers change jobs and no longer work in occupations with occupational disease risks but are still within the guarantee period, the worker shall submit their personal health records to the occupational health examination facility for occupational disease detection. After the occupational disease detection, the worker or the employer at the current workplace shall establish the occupational disease examination file based on the worker's health management records.

The Work Injury and Occupational Disease Insurance Fund shall cover all costs of occupational disease examinations for the cases stipulated in Clause 1 and Clause 2 of this Article after they have been covered by medical insurance.

3. After completing the occupational disease examination file, the worker shall proactively undergo a labor capacity assessment or request the unit where the worker previously worked or currently works to introduce them.

4. After obtaining a labor capacity assessment result indicating a reduction in working ability of 5% or more, the worker shall submit the file according to Clause 3 of Article 6 of Decree No. 37/2016/NĐ-CP to the Social Insurance Office of the province or city for handling occupational disease benefits. The application for occupational disease benefits of the worker shall be in the format prescribed in Clause 4, Article 58 of the Labor Safety and Health Law.

5. The time for receiving occupational disease allowances shall be calculated from the month when the Medical Examination Board issues its conclusion.

Example 19: Mr. T has contributed to the Work Injury and Occupational Disease Insurance Fund at Company H from January 1990 to June 2016, working as a manual stone quarry worker. From July 2016, he switched to office work. Mr. T was diagnosed with occupational silicosis due to working conditions as a manual stone quarry worker. In July 2017, the Medical Examination Board concluded that Mr. T had a 20% reduction in working ability due to occupational silicosis.

Therefore, the monthly salary used as the basis for calculating the supplementary allowance according to the contribution period to the Work Injury and Occupational Disease Insurance Fund for Mr. T's case is the monthly salary used for contributions in June 2016; the benefit commencement date is from July 2017.

Article 11. Some cases where workers are not entitled to work injury benefits and handling work injury and occupational disease benefits for individual cases

Workers are not entitled to work injury benefits and some individual cases stipulated in Article 40 of the Labor Safety and Health Law are as follows:

1. For cases where workers apply for work injury benefits after retirement, the employer at the place of the work injury shall establish the necessary documents and transfer them to the Social Insurance Office responsible for paying the pension. In such cases, the file does not include the social insurance card. If the unit is undergoing dissolution procedures, the Dissolution Committee shall be responsible for establishing the documents; if the unit has already been dissolved, the superior management authority shall be responsible for establishing the documents.

2. In cases where workers simultaneously enter into employment contracts with multiple employers and suffer work injuries or occupational diseases, the unit assigning tasks and work to the worker shall be responsible for establishing the file and requesting the handling of work injury and occupational disease benefits.

3. In cases where workers simultaneously enter into employment contracts with multiple employers and suffer accidents while traveling from one workplace to another, which are determined to be work injuries, the unit where the worker arrives to work shall be considered the place of the work injury, and the employer of that unit must be responsible for establishing the file and requesting the handling of work injury benefits for the worker.

4. Accidents caused by pathological factors during work shall be handled based on the investigation results of the Work Injury Investigation Team approved by the Labor Inspectorate of the Department of Labor, Invalids, and Social Affairs.

5. Workers suffering work injuries or occupational diseases during periods without registration for contributions to the Work Injury and Occupational Disease Insurance Fund shall have their rights resolved by the employer in accordance with Clause 4 of Article 39 of the Labor Safety and Health Law.

6. Cases where workers are not entitled to work injury benefits

a) Accidents caused by conflicts initiated by the victim themselves and unrelated to job duties;

b) Accidents caused by workers intentionally damaging their own health;

c) Accidents caused by being under the influence of alcohol or drugs listed in the annex to Government Decree No. 82/2013/NĐ-CP dated July 19, 2013, and amended by Government Decree No. 126/2015/NĐ-CP dated December 9, 2015, which supplements the list of drugs and precursors published in Government Decree No. 82/2013/NĐ-CP dated July 19, 2013, or other addictive substances contrary to the provisions of the law.

Chapter III

SUPPORT FROM THE WORK INJURY INSURANCE FUND, 

OCCUPATIONAL DISEASES

Article 12. Financial Plan, Management, Utilization, and Final Accounts

1. Annually, based on the budget estimate of the occupational accident insurance fund and occupational disease fund, the Ministry of Labor, Invalids, and Social Affairs shall develop a plan to implement preventive activities and share risks related to occupational accidents and occupational diseases, ensuring that the total expenditure does not exceed 10% of the revenue from the occupational accident insurance fund and occupational disease fund.

2. The Social Insurance under the Ministry of National Defense and the Social Insurance under the People's Public Security shall establish plans for preventive activities and sharing risks related to occupational accidents and occupational diseases within their respective ministries, ensuring that the total expenditure does not exceed 10% of the revenue from the occupational accident insurance fund and occupational disease fund under their management.

3. Annually, the Vietnam Social Security shall compile the funding for supporting preventive activities and sharing risks related to occupational accidents and occupational diseases that have been implemented during the year.

Article 13. Determination of Recipients and Support Plans for Training Costs on Occupational Safety and Health

The approval process for recipients and support plans for training costs on occupational safety and health as stipulated in Article 36 of Decree No. 37/2016/NĐ-CP shall be carried out as follows:

1. Before June 10 each year, employers who require support for occupational safety and health training for the following year shall submit a written request (Model II-01 Appendix II) along with a list of proposed recipients for support (Model II-02 Appendix II) to the Department of Labor, Invalids, and Social Affairs at the location of the main office of the unit for consideration.

2. Before June 20 each year, the Department of Labor, Invalids, and Social Affairs shall aggregate the proposals from enterprises, select the correct recipients according to regulations, aligning with the actual needs of the locality, and prepare a consolidated table of the training support cost requirements for the following year to be sent to the Directorate of Occupational Safety and Health, Ministry of Labor, Invalids, and Social Affairs (Model II-03 Appendix II).

3. The Directorate of Occupational Safety and Health shall take the lead in coordinating with relevant agencies to aggregate the support training needs of localities. Within five working days from the date the Vietnam Social Security receives the decision on the allocation of the budget for revenue and expenditure from the Prime Minister, the Directorate of Occupational Safety and Health shall coordinate with the Vietnam Social Security, based on the allocated budget for the occupational accident insurance fund and occupational disease fund for the planned year, to propose the allocation of funds to localities for supporting occupational safety and health training in industries, sectors, and regions prioritized for prevention of occupational accidents and occupational diseases, and send it to the Vietnam Social Security for consolidation and allocation of budgets to provincial social security offices as the basis for implementation.

Article 14. Implementation of Occupational Safety and Health Training

1. Based on the approved support training costs for occupational safety and health by the Ministry of Labor, Invalids, and Social Affairs, the Department of Labor, Invalids, and Social Affairs shall notify production and business establishments in prioritized industries, sectors, and regions for prevention of occupational accidents and occupational diseases about the support for occupational safety and health training according to the annual guidelines of the Ministry of Labor, Invalids, and Social Affairs.

2. Based on the prioritized recipients as guided by the Ministry of Labor, Invalids, and Social Affairs and the capacity of enterprises or occupational safety and health training service organizations, workers may participate in training classes organized by enterprises or be nominated by employers to attend centralized training sessions to ensure efficiency and suitability with the deployment capabilities of the locality.

3. The support plan will be notified to the supported enterprises and the provincial social security agency (according to Model II-04 Appendix II).

4. In cases where the number of participants in each enterprise is insufficient to form separate training classes, the enterprise may apply to the local Department of Labor, Invalids, and Social Affairs to nominate participants to join combined training classes with those from other enterprises in the same training category.

Based on the number of workers registered for training by enterprises, the Department of Labor, Invalids, and Social Affairs shall decide to select qualified service providers to organize training classes involving participants from multiple enterprises in the same training category.
The scale of the training class, content, program, and other training conditions shall be implemented in accordance with Decree No. 44/2016/NĐ-CP dated May 15, 2016, issued by the Government.

Article 15. Model of the request for support from the occupational accident insurance fund and occupational disease insurance fund

1. The employer's document requesting financial support for vocational training and career transition for employees who have suffered occupational accidents or occupational diseases; occupational disease examination, treatment, and labor function recovery for employees who have suffered occupational accidents or occupational diseases, and safety and hygiene training according to Model III-01, Appendix III issued together with this Circular.

2. Within five working days from the date of receiving all the enterprise’s documents, the Department of Labor, Invalids and Social Affairs shall decide on the amount and financial support for the enterprise or employee according to Model IV-01, Appendix IV. If it disagrees, it must notify the enterprise or employee in writing and specify the reasons.

3. In cases where enterprises organize their own training, the enterprise shall prepare two sets of documents, one set retained at the enterprise for monitoring purposes and the other set submitted to the Department of Labor, Invalids and Social Affairs for review and approval. The documents include:

a) A request for financial support for safety and hygiene training according to Model III-01, Appendix III issued together with this Circular;

b) A summary table of costs for organizing training accompanied by copies of valid receipts in cases where the enterprise meets the conditions to conduct its own training, or copies of training contracts and settlement invoices in cases where the enterprise hires a qualified training organization.

c) The Department of Labor, Invalids and Social Affairs shall examine the enterprise's application and base on the service price of safety and hygiene training to decide on financial support for the enterprise according to Model IV-01, Appendix IV and Model IV-02, Appendix IV issued together with this Circular.

4. Based on the decision of the Department of Labor, Invalids and Social Affairs, the provincial or centrally-administered municipal social insurance agency shall transfer the financial support to the enterprise within five working days from the date of receipt of the support decision from the Department of Labor, Invalids and Social Affairs.

Chapter IV

WORK OF MANAGING OCCUPATIONAL ACCIDENT INSURANCE AND OCCUPATIONAL DISEASE INSURANCE

OCCUPATIONAL DISEASES

Article 16. Content of information and propaganda on occupational accident insurance and occupational disease insurance

1. Regulations and policies on occupational accident insurance and occupational disease insurance.

2. Conditions, procedures, and formalities for handling occupational accident insurance and occupational disease insurance benefits and supporting prevention of occupational accidents and occupational diseases.

3. Legal provisions on safety and hygiene regarding the prevention of occupational accidents and occupational diseases.

Article 17. Contents of implementing occupational accident insurance and occupational disease insurance business

1. Training and professional development on occupational accident insurance and occupational disease insurance.

2. Implementing the processing of formalities related to occupational accident insurance and occupational disease insurance under the Ministry of Labor, Invalids and Social Affairs and social insurance agencies at various levels; managing participants and beneficiaries of occupational accident insurance and occupational disease insurance policies; creating electronic documents.

3. The Vietnam Social Security shall cooperate with relevant agencies under the Ministry of Labor, Invalids and Social Affairs to establish a centralized database on contributions, resolution, and payment of occupational accident and occupational disease benefits to manage participants and beneficiaries.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from December 1, 2017.

2. The occupational accident insurance and occupational disease insurance regulations stipulated in this Circular shall be applied from July 1, 2016.

3. The subjects specified in point d, Clause 1, Article 2 shall apply the provisions of this Circular from January 1, 2018.

Article 19. Implementation

1. Provincial People's Committees directly under the Central Government shall be responsible for directing the Department of Labor, Invalids and Social Affairs and related agencies to implement and supervise, inspect, handle violations, resolve difficulties, summarize, and conclude the implementation of this Circular.

2. The Vietnam Social Security shall guide the participation in occupational accident insurance and occupational disease insurance contributions; record and confirm the contribution process to the mandatory occupational accident insurance and occupational disease insurance fund in the social insurance book of employees who enter into labor contracts with one or more employers as the basis for resolving occupational accident and occupational disease benefits as prescribed and shall be responsible for implementing this Circular.

3. The Social Security of the Ministry of National Defense and the Social Security of the Public Security Force shall be responsible for resolving occupational accident and occupational disease benefits for employees working in the Ministry of National Defense and the Ministry of Public Security according to the provisions of this Circular. During the implementation process, if there are difficulties, they should report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution.

During the implementation process, if there are difficulties, they should report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.