Decree No. 37/2016/ND-CP detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law on mandatory occupational accident insurance and occupational disease insurance.

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LABOUR SAFETY AND HYGIENE LAW ON COMPULSORY WORKERS' ACCIDENT INSURANCE AND OCCUPATIONAL DISEASE INSURANCE

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

Pursuant to the Social Insurance Law dated November 20 year 2014;

At the request of the Minister of Labor, War Invalids and Social Affairs,and Social Affairs,

At the proposal of promulgates this Decree detailing and guidingstipulating business conditions for sports activities; Article the Labour Safety and Hygiene Law on compulsory workers' accident insurance and occupational disease insurancefor employees who enter into labour contracts with employers;rights and responsibilities of agencies, units, organizations, and individuals related to implementing compulsory workers' accident insurance and occupational disease insurance regimes.This Decree details and guides the implementation of certain Articles of the Labour Safety and Hygiene Law on compulsory workers' accident insurance and occupational disease insurance for employees entering into labour contracts with employers; rights and responsibilities of agencies, units, organizations, and individuals related to implementing compulsory workers' accident insurance and occupational disease insurance regimes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Civil servants, public officials, civil servants, and Vietnamese employees working under labour contracts are subject to compulsory workers' accident insurance and occupational disease insurance, including:

Article 2. Applicability

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

b) Officers and professional military personnel of the People's Army; officers and non-commissioned officers in specialized positions, technical officers and non-commissioned officers in specialized technical fields of the Public Security Force; personnel engaged in confidential work receiving salaries equivalent to those of military personnel;

c) Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the Public Security Force serving for a fixed term; students at military, public security, and confidential schools receiving subsistence allowances;

d) National defense workers, public security workers, and other personnel in confidential organizations;

e) Employees working under indefinite-term labour contracts and those working under fixed-term labour contracts of three months or more, and employees working under fixed-term labour contracts of one month to less than three months. Excluding domestic workers;

f) Business managers and cooperative managers receiving salaries.

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

3. Employees who have retired or no longer work in occupations or jobs with risks of occupational diseases.

4. Agencies, organizations, and individuals related to workers' accident insurance and occupational disease insurance.

The subjects specified in Clause 1 and Clause 3 of this Article shall be referred to as employees hereinafter.

1. Occupational health examination and treatment facilities are medical institutions that meet the conditions for operation as prescribed by laws on health examinations and treatments.

Article 3. Explanation of Terms

2. Work function rehabilitation is a process applying medical measures, rehabilitation techniques, educational, and social measures to restore work functions.

3. Work function rehabilitation units are medical institutions that meet the conditions for operating work function rehabilitation as prescribed by laws on health examinations and treatments.

WORKERS' ACCIDENT INSURANCE FUNDS AND SOME REGIMES WHEN INCURRED WITH WORKERS' ACCIDENTS AND OCCUPATIONAL DISEASES

Chapter II

Article 4. Contribution Levels and Methods for Employers

The contribution levels into the Workers' Accident Insurance Fund and Occupational Disease Insurance Fund as stipulated in Clause 3, Article 44 of the Labour Safety and Hygiene Law are prescribed as follows:

1. Employers contribute monthly as follows:

a) A rate of 1% on the social insurance wage fund of employees specified in Points a, b, d, đ, and e of Clause 1, Article 2 of this Decree.

In cases where employers are enterprises, cooperatives, individual business households, or cooperative groups operating in agriculture, forestry, fisheries, salt production, paying wages based on products or contracts, contributions may be made monthly, quarterly, or semi-annually.

b) A rate of 1% on the basic salary for each employee specified in Point c of Clause 1, Article 2 of this Decree.

2. From January 1, 2018 onwards, the Government decides on lower contribution rates than those prescribed in Clause 1 of this Article.

As of January 1, 2018, the Government decides to set a lower contribution rate than that prescribed in Clause 1 of this Article.

Article 5. Work injury and occupational disease insurance regime for workers who enter into labor contracts with multiple employers

The work injury and occupational disease insurance regime for workers who enter into labor contracts with multiple employers as stipulated in Clause 2, Article 43 of the Labor Safety and Health Law shall be regulated as follows:

1. Monthly or one-time compensation for work injuries and occupational diseases shall be calculated based on the total amount of wages serving as the basis for contributions to the work injury and occupational disease fund from all labor contracts at the time of occurrence of the work injury or occupational disease, but not exceeding the maximum limit prescribed by the social insurance law.

2. Training support for occupational change; medical examination and treatment for occupational diseases; safety and health training; and functional recovery for labor as stipulated in this Decree and other social insurance benefits as prescribed by the social insurance law.

Article 6. Medical Examination and Assessment for Workers Diagnosed with Occupational Diseases After Retirement or Leaving Hazardous Jobs

Workers who have retired or left jobs with occupational disease risks and are subsequently diagnosed with occupational diseases as stipulated in Clause 2, Article 46 of the Labor Safety and Health Law shall be regulated as follows:

1. Subjects specified in Clause 3, Article 2 of this Decree who are diagnosed with occupational diseases caused by past occupations during the guaranteed period starting from the date of retirement, job transfer, or termination of employment shall be entitled to proactively undergo medical examinations and assessments for the degree of work capacity reduction due to occupational diseases.

2. Individuals diagnosed with occupational diseases as stipulated in Clause 1 of this Article shall be supported by the Work Injury and Occupational Disease Insurance Fund for medical examination and treatment expenses for occupational diseases according to Sections 1 and 2 of Chapter IV of this Decree.

3. Documentation for occupational disease benefits for workers diagnosed with occupational diseases after retirement, termination of employment, or job transfer out of hazardous jobs includes:

a) Social insurance book for workers still employed or a copy of the decision granting pension benefits for retired workers;

b) Occupational disease medical examination documentation;

c) Report on the assessment of work capacity reduction by the Medical Assessment Board;

d) Request for resolution of occupational disease benefits.

4. Procedures and documentation for one-time or monthly benefit payments shall be guided by the Minister of Labor, Invalids, and Social Affairs.

5. Guaranteed periods for each occupational disease and procedures and documentation for medical examinations and assessments of work capacity reduction for workers shall be guided by the Minister of Health.

Chapter III

TRAINING SUPPORT FOR OCCUPATIONAL CHANGE FOR WORKERS WITH WORK INJURIES AND OCCUPATIONAL DISEASES

Article 7. Conditions for Supporting Occupational Change Training for Workers with Work Injuries and Occupational Diseases Upon Returning to Work

Workers who are provided financial support for vocational training to change jobs after suffering work injuries or occupational diseases as stipulated in Article 55 of the Labor Safety and Health Law must meet the following conditions:

1. A reduction in work capacity due to work injuries or occupational diseases of 31% or more;

2. Being arranged by the employer for new jobs within their management authority that are suitable for the worker's health condition and preferences, but which require vocational training to change jobs.

Article 8. Level and Authority to Decide on Training Support for Occupational Skill Transition

Clause 1. The tuition fee stipulated in Clause 2, Article 55 shall be calculated based on the service price for vocational training as prescribed by the competent state agency.

Clause 2. The Department of Labor, Invalids, and Social Affairs shall decide specifically on the level of support for each individual but not exceeding 50% of the tuition fee and not more than 15 times the minimum wage.

Article 9. Documents for Requesting Support

Clause 1. A document from the employer requesting financial support for occupational skill transition training for workers suffering from work-related accidents or occupational diseases according to the model issued by the Minister of Labor, Invalids, and Social Affairs.

Clause 2. A copy of payment receipts for training costs as prescribed.

Article 10. Procedure for Processing Training Support for Occupational Skill Transition

Clause 1. The employer submits the documents as prescribed in Article 9 of this Decree to the Department of Labor, Invalids, and Social Affairs, carrying the original payment receipt for verification against the copy.

Clause 2. Within five working days from the date of receiving complete and valid documents as prescribed, the Department of Labor, Invalids, and Social Affairs decides on the level of support. In case of non-support, a written response with clear reasons must be provided.

Clause 3. Within five working days from the date of receiving the support decision, the social insurance agency is responsible for processing the support for training costs for occupational skill transition.

Chapter IV

CONDITIONS, LEVELS, DOCUMENTS AND PROCEDURES FOR SUPPORT IN OCCUPATIONAL HEALTH EXAMINATION, TREATMENT, SAFETY TRAINING, SANITATION, AND WORK FUNCTION RECOVERY

Section 1. CONDITIONS, LEVELS, DOCUMENTS AND PROCEDURES FOR SUPPORT IN OCCUPATIONAL HEALTH EXAMINATION

Article 11. Conditions for Supporting Occupational Health Examination for Workers

Workers are supported for the cost of occupational health examination as stipulated at Point a, Clause 2, Article 56 of the Labor Safety and Health Law, as follows:

Clause 1. For the subjects specified in Clause 1, Article 2 of this Decree, they must meet the following conditions:

a) The worker has contributed to the labor accident and occupational disease insurance for at least 12 months and continues to participate up to the month immediately preceding the month of the requested occupational health examination funding.

b) The employer implements environmental monitoring in the workplace as prescribed.

c) The worker proposed for occupational health examination funding must have been diagnosed with an occupational disease at an occupational health examination and treatment facility that meets the conditions.

Clause 2. For the subjects specified in Clause 3, Article 2 of this Decree, when undergoing an examination and being diagnosed with an occupational disease, they must still be within the period guaranteed for occupational diseases as prescribed by the Minister of Health.

Article 12. Level of Support for Occupational Health Examination Funding

Clause 1. The level of support is 50% of the cost of occupational health examination calculated according to the occupational health examination fee schedule issued by the Minister of Health at the time of the worker's occupational health examination after medical insurance reimbursement, but not exceeding 1/3 of the minimum wage per person per examination.

Clause 2. The maximum number of support opportunities for each worker is two times and only once per year.

Clause 3. Workers who have worked in occupations or jobs with a risk of occupational diseases and have retired, resigned, or transferred to another unit will have their occupational health examination costs fully covered by the Labor Accident and Occupational Disease Insurance Fund.

Article 13. Documents for requesting financial support for occupational health examinations

1. In cases meeting the Conditions stipulated in Clause 1, Article 11 of this Decree, the documents shall include:

a) A request for financial support for occupational health examinations for workers according to the model issued by the Minister of Labor, Invalids and Social Affairs;

b) A certified copy of the results of workplace environmental monitoring;

c) Documents confirming the diagnosis of occupational diseases from healthcare facilities that meet the Conditions.

2. In cases meeting the Conditions stipulated in Clause 2, Article 11 of this Decree, the documents shall include:

a) A request for financial support for occupational health examinations for workers according to the model issued by the Minister of Labor, Invalids and Social Affairs;

b) A certified copy of the results of workplace environmental monitoring during the period when the worker was employed at a unit with a risk of occupational disease (if applicable);

c) Documents confirming the diagnosis of occupational diseases from healthcare facilities that meet the Conditions;

d) A certified copy of payment receipts for occupational health examination expenses as prescribed.

Article 14. Procedures for handling requests for financial support for occupational health examinations

1. In cases meeting the Conditions stipulated in Clause 1, Article 11 of this Decree, the employer shall submit the documents as prescribed in Clause 1, Article 13 of this Decree to the Department of Labor, Invalids and Social Affairs.

2. In cases meeting the Conditions stipulated in Clause 2, Article 11 of this Decree, the worker shall submit the documents as prescribed in Clause 2, Article 13 of this Decree to the Department of Labor, Invalids and Social Affairs, bringing along the original payment receipt for verification against the certified copy.

3. Within five working days from the date of receiving complete and valid documents, the Department of Labor, Invalids and Social Affairs shall decide on the provision of support. If support is not provided, a written response must be given with clear reasons stated.

4. Within five working days from the date of receiving the decision on support, the social insurance agency shall be responsible for processing the support for occupational health examination costs.

Section 2. CONDITIONS, AMOUNTS, DOCUMENTS AND PROCEDURES FOR SUPPORTING OCCUPATIONAL DISEASE TREATMENT

Article 15. Conditions for supporting financial costs for occupational disease treatment for workers

Workers are entitled to support for occupational disease treatment as stipulated in Point a, Clause 2, Article 56 of the Labor Safety and Health Law, which are as follows:

Clause 1. For the subjects specified in Clause 1, Article 2 of this Decree, they must meet the following conditions:

a) Having been diagnosed with an occupational disease at a healthcare facility that meets the Conditions;

b) Having participated in labor accident and occupational disease insurance for at least twelve months and continuing to participate up to the month immediately preceding the month of the request for financial support for occupational health examinations;

c) The employer has paid labor accident and occupational disease insurance for the worker during the period the worker performed jobs or tasks with a risk of occupational disease;

d) The employer has organized occupational disease screening for workers as prescribed.

2. For subjects stipulated in Clause 3, Article 2 of this Decree who have paid labor accident and occupational disease insurance during their employment in jobs or tasks with a risk of occupational disease and during the period ensuring occupational disease protection.

Article 16. Amount of support for occupational disease treatment costs

1. The amount of support is fifty percent of the cost of occupational disease treatment calculated based on the occupational disease treatment fee schedule at the time the worker receives treatment, as prescribed by the Minister of Health, after deducting the reimbursement from medical insurance, but not exceeding ten times the minimum wage per person.

Clause 2. The maximum number of support opportunities for each worker is two times and only once per year.

Article 17. Documents for requesting financial support for occupational disease treatment

1. A request document for financial support for occupational disease treatment for workers according to a model issued by the Minister of Labor, Invalids, and Social Affairs;

2. A certified copy of the occupational disease identification file from an occupational disease diagnosis and treatment facility that meets the required conditions;

3. A certified copy of the discharge certificate or medical record extract after occupational disease treatment;

4. A certified copy of payment receipts for occupational disease treatment expenses.

Article 18. Procedure for resolving financial support for occupational disease treatment

1. In cases meeting the conditions stipulated in Article 15 of this Decree, submit the documents as prescribed in Article 17 of this Decree to the Department of Labor, Invalids, and Social Affairs, carrying the original payment receipt for verification against the copy.

2. Within five working days from the date of receiving complete and valid documents, the Department of Labor, Invalids, and Social Affairs shall decide on the provision of support. If support is not provided, a written response must be given with clear reasons stated.

3. Within five working days from the date of receiving the decision on support, the social insurance agency shall be responsible for resolving the support for occupational disease treatment costs.

Section 3. CONDITIONS, LEVELS, DOCUMENTS AND PROCEDURES FOR SUPPORTING FUNCTIONAL RECOVERY OF WORKERS

Article 19. Conditions for Supporting Financial Costs for Functional Recovery of Workers

Workers are entitled to financial support for functional recovery of labor as stipulated in Point b Clause 2 Article 56 of the Law on Occupational Safety and Health, as follows:

1. Being designated for functional recovery of labor by a medical examination and treatment facility;

2. Having a reduction in work capacity of 31% or more due to workplace accidents or occupational diseases.

Article 20. Level of Support for Financial Costs for Functional Recovery of Labor

1. The maximum level of support for financial costs for functional recovery of labor is equal to 50% of the functional recovery costs after health insurance reimbursement, but not exceeding two times the minimum wage per person per session.

Clause 2. The maximum number of support opportunities for each worker is two times and only once per year.

Article 21. Documents for Requesting Financial Support for Functional Recovery of Labor

1. A request document for financial support for functional recovery of labor for workers according to a model issued by the Minister of Labor, Invalids, and Social Affairs;

2. A certified copy of the report on the degree of reduction in work capacity by the Medical Expertise Board;

3. A certified copy of the hospital transfer certificate to a functional recovery unit of a medical examination and treatment facility for cases requiring transfer; for cases where the hospital has a functional recovery department, a certified copy of the medical record containing the patient's transfer to the functional recovery department;

4. A certified copy of payment receipts for functional recovery costs, excluding funding for assistive devices for functional recovery.

Article 22. Procedure for Resolving Financial Support for Functional Recovery of Labor

1. Workers submit the documents as prescribed in Article 21 of this Decree to the Department of Labor, Invalids, and Social Affairs, carrying the original payment receipt for verification against the copy.

2. Within five working days from the date of receiving complete and valid documents, the Department of Labor, Invalids, and Social Affairs shall decide on the provision of support. If support is not provided, a written response must be given with clear reasons stated.

3. Within five working days from the date of receiving the decision on support, the social insurance agency shall be responsible for resolving the support for occupational disease treatment costs.

Section 4. CONDITIONS, LEVELS, DOCUMENTS AND PROCEDURES FOR SUPPORTING OCCUPATIONAL SAFETY AND HEALTH TRAINING

Article 23. Conditions for Supporting Occupational Safety and Health Training

Employers are eligible for financial support for occupational safety and health training as stipulated in Clause 4 Article 56 of the Law on Occupational Safety and Health if they meet the following conditions:

1. Complying with laws and regulations on workplace accident insurance, occupational disease insurance, and occupational safety and health training;

2. Workers eligible for occupational safety and health training support have contributed to workplace accident insurance and occupational disease insurance for at least twelve months up to the month of requesting financial support for occupational safety and health training.

Article 24. Level of financial support for occupational safety and health training expenses

1. The level of financial support for occupational safety and health training expenses shall be calculated based on the participants in occupational safety and health training at the maximum rate as follows:

a) Not exceeding one time the minimum wage base per person for those engaged in occupational safety and health work;

b) Not exceeding half the minimum wage base per person for workers performing jobs with strict requirements for occupational safety and health;

c) Not exceeding one quarter the minimum wage base per person for managers responsible for occupational safety and health; medical staff; occupational safety and health officers.

2. The maximum level of support shall be equal to thirty percent of the service price for occupational safety and health training as prescribed.

Article 25. Documents for requesting support

1. A request for financial support for worker training costs according to a model issued by the Minister of Labor, Invalids, and Social Affairs;

2. Documentation proving compliance with laws on work injury insurance, occupational disease insurance, and occupational safety and health training;

3. Copies of payment receipts for occupational safety and health training expenses.

Article 26. Procedures for handling financial support for occupational safety and health training expenses

1. Employers submit the documents stipulated in Article 25 of this Decree to the Department of Labor, Invalids, and Social Affairs, carrying the original payment receipts for verification against copies.

2. Within five working days from the date of receiving complete and valid documents from employers, the Department of Labor, Invalids, and Social Affairs decides on financial support for occupational safety and health training expenses. In cases where support is not provided, a written response must be given with specific reasons stated.

3. Within five working days from the date of receiving the decision on support, social insurance agencies are responsible for processing the financial support for occupational safety and health training expenses.

Section 5. CONDITIONS, LEVELS, DOCUMENTS AND PROCEDURES FOR SUPPORTING RE-INVESTIGATIONS OF WORK INJURY INCIDENTS AND OCCUPATIONAL DISEASE CASES AT THE REQUEST OF SOCIAL INSURANCE AUTHORITIES

Article 27. Conditions for Support

The conditions for supporting the costs of re-investigating work injury incidents and occupational disease cases upon the request of social insurance authorities as stipulated in Point c Clause 2 Article 56 of the Occupational Safety and Health Law are as follows:

1. Work injury incidents and occupational disease cases shall be re-investigated by authorized bodies when requested by social insurance authorities;

2. Re-investigation of work injury incidents and occupational disease cases does not fall within the scope of complaints and reports that are the responsibility of administrative agencies to resolve.

Article 28. Contents of Expenditure and Level of Support

The Work Injury and Occupational Disease Insurance Fund will cover one hundred percent of the costs for re-investigating work injury incidents and occupational disease cases, including travel expenses, hiring experts, and appraisal fees as currently regulated.

Article 29. Supporting Documents

1. Decision to establish a work injury investigation team or an occupational disease investigation team;

2. Minutes of re-investigation of work injury incidents or occupational disease cases;

3. Certified copies of payment settlement receipts proving the costs incurred for the investigation in accordance with the law.

Article 30. Procedures for Support

1. The Social Insurance Agency shall issue a written request to the competent state management agency to re-investigate workplace accidents and occupational diseases.

2. Based on the request from the Social Insurance Agency, the competent state management agency under the Ministry of Labor, Invalids and Social Affairs shall consider and decide to establish an investigation team for workplace accidents; the competent state management agency under the Ministry of Health shall consider and decide to establish an investigation team for occupational diseases.

3. The competent state management agency that establishes the investigation team shall be responsible for preparing a plan and budget estimate for the required support, which shall be sent to the Social Insurance Agency for a provisional advance payment of up to 80% of the investigation costs.

4. After completing the re-investigation, the competent state management agency that established the investigation team as stipulated in Clause 2 of this Article shall submit the final settlement file according to the provisions of Article 29 of this Decree to the Social Insurance Agency.

5. The Social Insurance Agency shall be responsible for settling the costs for re-investigating workplace accidents and occupational diseases within seven working days from the date of receiving complete and valid files.

Chapter V

RIGHTS AND RESPONSIBILITIES OF WORKERS, EMPLOYERS, AND ORGANIZATIONS

Article 31. Rights and responsibilities of the Social Insurance Agency

1. Rights of the Social Insurance Agency

a) Inspect the payment and receipt of support benefits for workers and employers.

b) Refuse to pay support benefits not in accordance with the law.

c) Propose to the competent state management agency to develop, amend, or supplement policies, regulations, and laws on support for preventing workplace accidents and occupational diseases; manage and use the Workplace Accident and Occupational Disease Insurance Fund; handle violations of laws on workplace accident and occupational disease insurance, or propose to the competent state management agency to handle such violations according to the law.

d) Request re-investigation of workplace accidents and occupational diseases.

đ) Other rights as prescribed by law.

2. Responsibilities of the Social Insurance Agency

a) Promote and disseminate policies, regulations, and laws on workplace accident and occupational disease insurance; guide procedures for paying support costs for medical examinations, treatment, vocational training, safety and hygiene training, and labor rehabilitation.

b) Implement payments for support costs for medical examinations, treatment, vocational training, safety and hygiene training, and labor rehabilitation; re-investigate workplace accidents and occupational diseases.

c) Apply information technology in managing workplace accident and occupational disease insurance; store files for support costs for medical examinations, treatment, vocational training, safety and hygiene training, and labor rehabilitation; re-investigate workplace accidents and occupational diseases as prescribed by law.

d) Manage and use the Workplace Accident Insurance Fund according to the law.

đ) Organize statistical and accounting work on workplace accident and occupational disease insurance.

e) Report periodically every six months to the Social Insurance Council and annually to the Ministry of Labor, Invalids and Social Affairs on the implementation of mandatory workplace accident and occupational disease insurance; report annually to the Ministry of Finance on the management and use of the mandatory Workplace Accident and Occupational Disease Insurance Fund.

Annually, the local Social Insurance Agency shall report to the People's Committee at the same level on the implementation of mandatory workplace accident and occupational disease insurance within its jurisdiction, while sending it to the Department of Labor, Invalids and Social Affairs of the locality.

g) Provide full and timely information on the implementation of mandatory workplace accident and occupational disease insurance as requested by the competent state management agency and workers or their representative organizations.

h) Resolve complaints and denunciations regarding the implementation of mandatory workplace accident and occupational disease insurance.

i) Fulfill other responsibilities as prescribed by law.

Article 32. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. To take the lead and coordinate with relevant agencies to organize the receipt of files, determine the level of support and funding for vocational training, occupational health examinations, occupational disease treatment, labor rehabilitation, and occupational safety and hygiene training.

2. To take the lead and coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws related to work injury insurance and occupational diseases.

3. To take the lead and coordinate with competent authorities during the re-investigation of work accidents and cooperate with the health sector to investigate occupational diseases at the request of the social insurance agency.

4. To develop plans for occupational safety and hygiene training support; implement occupational safety and hygiene training plans.

5. To inspect and supervise the implementation of laws on work injury insurance and occupational diseases.

6. To handle complaints and denunciations regarding work injury insurance and occupational diseases according to the provisions of the law.

7. To propose to competent authorities the establishment, amendment, and supplementation of systems, policies, and laws on work injury insurance and occupational diseases, and to handle violations of laws on work injury insurance and occupational diseases.

8. To report periodically annually and urgently to the Ministry of Labor, Invalids and Social Affairs, and the provincial People's Committee as prescribed by law.

9. To perform other responsibilities as prescribed by law.

Article 33. Responsibilities of the Department of Health

1. To coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws related to work injury insurance and occupational diseases.

2. To direct the implementation of occupational health examinations and treatments; labor rehabilitation, and occupational disease investigations.

3. To take the lead in conducting occupational disease investigations and coordinate with competent authorities during the re-investigation of work accidents at the request of the social insurance agency.

4. To handle complaints and denunciations from organizations and individuals regarding occupational health examinations and treatments and labor rehabilitation according to the provisions of the law.

5. To provide materials and information related to occupational health examinations and treatments and labor rehabilitation upon the request of authorized state agencies.

6. To perform other responsibilities as prescribed by law.

Article 34. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Based on the ability to ensure the balance of the Work Injury Insurance Fund and the frequency of work injuries and occupational diseases among enterprises, production and business establishments, and units participating in mandatory work injury insurance, the Ministry of Labor, Invalids and Social Affairs shall submit to the Government for decision on the annual contribution rate for these entities before January 15 each year starting from 2018.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Vietnam Social Security to decide and be responsible to the Government for the support plan of the Work Injury Insurance Fund based on the proposals of the Departments of Labor, Invalids and Social Affairs and reports from the social insurance agency.

3. To take the lead and coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws related to work injury insurance and occupational diseases.

4. To inspect and supervise the implementation of laws on work injury insurance and occupational diseases.

5. To handle complaints and denunciations regarding work injury insurance and occupational diseases according to the provisions of the law.

6. To report periodically annually and urgently to the Government on the implementation of work injury insurance and occupational disease policies.

Article 35. Responsibilities of the Ministry of Health

1. To coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws related to work injury insurance and occupational diseases.

2. To direct and guide the organization and implementation of occupational health examinations and treatments; labor rehabilitation, and occupational disease investigations at the request of the social insurance agency.

3. To direct, guide, inspect, and supervise to ensure the quality of occupational health examinations and treatments and labor rehabilitation.

4. To handle complaints and denunciations from organizations and individuals regarding occupational health examinations and treatments and labor rehabilitation according to the provisions of the law.

Article 36. Approval Procedure for Subjects and Plan of Financial Support for Safety and Occupational Health Training

1. Each year, employers who require support for safety and occupational health training must submit a written request to the Department of Labor, Invalids and Social Affairs at the location where their main office is situated, proposing the subjects that need training support.

2. The Department of Labor, Invalids and Social Affairs shall be responsible for compiling the proposals for financial support for safety and occupational health training from enterprises within its jurisdiction and submitting them to the Ministry of Labor, Invalids and Social Affairs for consolidation and approval.

3. Based on the approval of the Ministry of Labor, Invalids and Social Affairs, the Department of Labor, Invalids and Social Affairs shall develop an implementation plan and notify the relevant enterprises and provincial social insurance agencies of the subjects eligible for support.

Chapter VI

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 37. Effective Date

1. This Decree takes effect from July 1, 2016.

2. Persons currently receiving work injury allowance or occupational disease benefits; persons who have completed treatment for work injuries or occupational diseases and been discharged from hospital before July 1, 2016 shall continue to follow the provisions of the Social Insurance Law 2014 and detailed regulations and guidance on work injury and occupational disease benefits issued prior to January 1, 2016.

3. The period of social insurance contributions made before June 30, 2016 shall be counted as the period of participation in work injury and occupational disease insurance under this Decree, except for individuals who only participate in the pension and death benefit fund as stipulated by the law on social insurance.

4. Employees working under fixed-term labor contracts with durations of at least one month but less than three months shall be subject to this provision from January 1, 2018.

Article 38. Organization of implementation

1. The Minister of Labor, Invalids and Social Affairs shall be responsible for guiding and implementing this Decree.

2. Each year, the Vietnam Social Security shall be responsible for reporting the usage status of the Work Injury and Occupational Disease Insurance Fund to the Ministry of Labor, Invalids and Social Affairs.

3. The Ministers of National Defense and Public Security shall be responsible for guiding and organizing the implementation of this Decree based on their respective functions and duties, after obtaining the agreement of the Minister of Labor, Invalids and Social Affairs.

4. All ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of people's committees at all levels, and other related organizations and individuals shall be responsible for enforcing this Decree.