Decree No. 88/2020/ND-CP detailing and guiding the implementation of certain provisions of the Labor Safety and Health Law on mandatory work injury and occupational disease insurance.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Labor Safety and Health Law regarding mandatory work injury and occupational disease insurance

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

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree providing detailed regulations and guidance on implementing certain provisions of the Labor Safety and Health Law regarding mandatory work injury and occupational disease insurance.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance on implementing certain provisions of the Labor Safety and Health Law regarding mandatory work injury and occupational disease insurance for workers who enter into labor contracts with multiple employers; workers diagnosed with occupational diseases after retirement or no longer working in jobs with occupational disease risks; activities supporting from the Work Injury and Occupational Disease Insurance Fund; management of the Work Injury and Occupational Disease Insurance Fund; rights and responsibilities of agencies, units, organizations, and individuals related to the implementation of mandatory work injury and occupational disease insurance systems.

Article 2. Applicability

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

b) Officers, professional military personnel of the People's Army; officers, non-commissioned officers in specialized positions, officers, and non-commissioned officers in technical professions 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 currently studying and receiving living expenses;

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

đ) Workers under indefinite-term labor contracts and those under definite-term labor contracts of three months or more, and workers under definite-term labor contracts of one month up to less than three months. Excluding domestic workers;

e) Business managers and cooperative managers receiving salaries;

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

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

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Occupational health examination and treatment facilities are medical facilities that meet the conditions for conducting occupational health examinations and treating occupational diseases as prescribed by laws on medical examinations and treatments.

2. Vocational rehabilitation is the process of restoring functions for workers specified in this Decree.

3. Vocational rehabilitation facilities are medical facilities that meet the conditions for conducting vocational rehabilitation as prescribed by laws on medical examinations and treatments.

A certified copy is a copy made from the original book or certified as a copy from the original or a copy that has been compared with the original.

Chapter II
WORK INJURY AND OCCUPATIONAL DISEASE INSURANCE REGIME

Article 4. Work injury and occupational disease insurance regime for workers entering into labor contracts with multiple employers

1. Workers entering into labor contracts with multiple employers as stipulated in Clause 2 Article 43 of the Labor Safety and Health Law, if they suffer work injuries or occupational diseases, shall be entitled to the following benefits paid by the Work Injury and Occupational Disease Insurance Fund:

a) Benefits as prescribed in Section 3 Chapter III of the Labor Safety and Health Law for workers participating in mandatory social insurance, including: costs for disability and illness assessment; monthly or lump-sum allowances; service allowances; assistance with living aids and orthopedic devices; recuperation and health restoration; allowances when workers die due to work injuries; payment of health insurance premiums for workers on leave receiving monthly work injury and occupational disease allowances;

b) Support for career transition; occupational health examinations and treatments; vocational rehabilitation; and safety and hygiene training as prescribed in Chapter III of this Decree.

2. The monthly or lump-sum work injury and occupational disease allowance stipulated in point a Clause 1 of this Article shall be determined according to the provisions of point d Clause 7 Article 11 of this Decree.

3. The application procedures, conditions, and documents for workers entering into labor contracts with multiple employers to enjoy work injury and occupational disease insurance benefits shall be carried out as follows:

a) The application procedures, conditions, and documents for the benefits prescribed in point a Clause 1 of this Article shall be implemented according to the provisions of Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 57, 58, 59, 60, and 61 of the Labor Safety and Health Law;

b) The conditions, documents, and procedures for implementing the support prescribed in point b Clause 1 of this Article shall be carried out according to the provisions of Chapter III of this Decree.

4. The Ministry of Labor, Invalids, and Social Affairs shall provide specific guidelines on how to calculate the amount of allowances due to work injuries and occupational diseases during initial assessments, reassessments, and comprehensive assessments for workers entering into labor contracts with multiple employers.

Article 5. Provisions for workers who discover occupational diseases after retirement or ceasing to work in occupations with risks of occupational diseases

1. Workers who have retired, ceased working, or transferred to work for another employer and suspect or observe symptoms or signs of occupational diseases caused by previous occupations or jobs with risks of occupational diseases shall be entitled to proactively undergo examination to detect and assess the degree of reduction in their ability to work due to occupational diseases as follows:

a) Retired or ceased working workers shall submit copies of their personal health records to the occupational disease examination facility when undergoing examination to detect occupational diseases (with original documents for verification). After obtaining the results of the examination to detect occupational diseases, the occupational disease examination facility shall complete the occupational disease file for the worker in accordance with the regulations of the Ministry of Health;

b) Workers who have transferred to other jobs shall submit their personal health records to the occupational disease examination facility when undergoing examination to detect occupational diseases. After the examination to detect occupational diseases, the worker or the employer where the worker is currently employed shall establish the occupational disease file based on the health management records of the worker;

c) After having the occupational disease file, the worker shall proactively undergo examination or request the unit where the worker previously worked or is currently working to refer them for examination to assess the degree of reduction in their ability to work.

2. In cases where the worker's file does not contain monitoring data on the working environment at the time of performing occupations or jobs with risks of occupational diseases, or if the environmental monitoring records or health records are lost, before implementing the provisions of Clause 1 of this Article, the worker or the employer where the worker is currently employed shall submit a written request for verification of occupational diseases to the competent health authority in accordance with the guidance of the Minister of Health.

Based on the conclusion of the competent health authority regarding the verification of occupational diseases, the occupational disease examination facility shall diagnose occupational diseases and clearly record the basis for this in the examination result report.

3. Workers suffering from occupational diseases and dependents of workers suffering from occupational diseases as stipulated in Clause 1 of this Article shall be entitled to the following benefits paid by the Social Insurance Fund for Work-related Accidents and Occupational Diseases:

a) Benefits as prescribed in Section 3 Chapter III of the Labor Safety and Health Law for workers participating in mandatory social insurance, including: costs for disability and illness assessment; lump-sum or monthly allowances; service allowances; support for living aids and orthopedic devices; recuperation and recovery of health; allowances when workers die from occupational diseases; payment of health insurance premiums for workers who have stopped working to receive monthly occupational disease benefits;

b) Support for 100% of the cost of occupational disease examinations calculated according to the occupational disease examination fee schedule issued by the Minister of Health at the time the worker undergoes occupational disease examination after being reimbursed by health insurance; the maximum number of times supported for each worker is two times and only once within one year;

c) Support for 100% of the cost of treating occupational diseases calculated according to the occupational disease treatment fee schedule at the time the worker receives occupational disease treatment as prescribed by the Minister of Health after being reimbursed by health insurance; the maximum number of times supported for each worker is two times and only once within one year.

4. Workers shall be entitled to the benefits prescribed in Clause 3 of this Article if they meet the following conditions:

a) Discovering occupational diseases within the guaranteed period as stipulated by the Minister of Health;

b) Participating in mandatory social insurance during the period of working in occupations or jobs causing occupational diseases as stipulated in point a of this clause;

c) Suffering a reduction in work capacity of 5% or more due to occupational diseases, for cases considering entitlement to benefits prescribed in point a of Clause 3 of this Article.

5. The file for claiming occupational disease benefits for cases prescribed in point a of Clause 3 of this Article includes:

a) The application for occupational disease benefits of the worker according to Form No. 01 in the Appendix of this Decree for workers who have retired or ceased working; or a document from the employer where the worker is currently employed requesting resolution of occupational disease benefits according to the form issued by the Vietnam Social Security, for cases where the worker has transferred to work for another employer;

b) The report on the assessment of the degree of reduction in work capacity by the Medical Assessment Board.

6. The file for receiving support for the cost of examining and treating occupational diseases for cases prescribed in points b and c of Clause 3 of this Article includes:

a) The application for support for the cost of examining and treating occupational diseases of the worker according to Form No. 02 in the Appendix of this Decree for workers who have retired or ceased working; or a document from the employer where the worker is currently employed according to Clause 1 of Article 18 and Clause 2 of Article 22 of this Decree, for cases where the worker has transferred to work for another employer;

b) The file components as prescribed in Clause 2 of Article 18 and Clause 2 of Article 22 of this Decree;

c) A copy of the discharge summary or extract from the medical record after treatment of occupational diseases;

d) Original payment receipts for the costs of examining and treating occupational diseases as prescribed.

7. Procedure for resolving occupational disease benefits

a) In cases where the file meets the requirements prescribed in Clause 5 of this Article, the worker or the employer where the worker is currently employed shall submit one set of files to the social insurance agency to resolve the benefit claim in accordance with the deadline prescribed in Article 59 of the Labor Safety and Health Law;

b) In cases where the file meets the requirements prescribed in Clause 6 of this Article, the worker or the employer where the worker is currently employed shall submit one set of files to the Department of Labor, Invalids and Social Affairs to resolve the support in accordance with the procedure prescribed in Clause 2, Clause 3 of Article 19 and Clause 2, Clause 3 of Article 23 of this Decree.

8. The time for receiving occupational disease benefits shall be calculated from the month with the conclusion of the Medical Appraisal Board.

9. The Minister of Health shall guide the procedural process to verify occupational diseases in cases where there is no or lost labor environment monitoring records, lost health records, or lost medical case records.

Article 6. Documents for resolving the death benefit regime as stipulated in Article 53 of the Labor Safety and Health Law for cases of traffic accidents while performing work tasks or when traveling from residence to workplace or from workplace to residence.

1. Social insurance book.

2. A copy of the death certificate or death notice or a copy of the court decision declaring death that has taken legal effect.

3. Declaration form of relatives and minutes of meetings of relatives in cases eligible for monthly survivor benefits but choosing to receive a lump-sum survivor benefit.

4. Accident investigation report.

Article 7. Documents for receiving work accident and occupational disease benefits for individuals who have been re-appraised due to recurrence of injury or illness after the initial appraisal.

1. Social insurance book for cases of work accidents or occupational diseases that have been appraised but do not meet the conditions for disability level reduction to receive benefits; a valid copy of the documents for receiving work accident and occupational disease benefits for cases that have already received such benefits.

2. Work accident investigation report; in cases of traffic accidents determined to receive work accident benefits, one of the following documents must also be included: scene examination record, traffic accident site diagram, or traffic accident report by the police or military criminal investigation agency for cases discharged from hospital before July 1, 2016 without meeting the conditions for disability level reduction in the previous appraisal.

3. Results of labor environment measurement and monitoring for cases discharged from hospital before July 1, 2016 without meeting the conditions for disability level reduction to receive occupational disease benefits in the previous appraisal.

4. Minutes of the most recent disability level reduction appraisal by the Medical Appraisal Board for cases that have been appraised but do not meet the conditions for disability level reduction to receive benefits.

5. Minutes of the reappraisal of disability level reduction after treatment for recurrent injury or illness by the Medical Appraisal Board.

6. Prescription for provision of living aids and orthopedic devices according to regulations on provision of living aids and orthopedic devices (if applicable) issued by healthcare facilities, orthopedic centers, and rehabilitation centers.

Article 8. Documents for individuals who have been re-appraised due to continued work accidents or occupational diseases.

1. Social insurance book; a valid copy of the documents for receiving work accident and occupational disease benefits for cases that have already received such benefits.

2. Discharge certificate or medical record extract after the last inpatient treatment for work accident or occupational disease.

3. Work accident investigation report; in cases of traffic accidents determined to receive work accident benefits, one of the following documents must also be included: scene examination record, traffic accident site diagram, or traffic accident report by the police or military criminal investigation agency for cases discharged from hospital before July 1, 2016 without being appraised for disability level reduction.

4. Results of labor environment measurement and monitoring for cases discharged from hospital before July 1, 2016 without being appraised for disability level reduction.

5. Minutes of the comprehensive appraisal of disability level reduction by the Medical Appraisal Board; if the previous work accident or occupational disease was appraised for disability level reduction but did not meet the conditions for benefits, then the minutes of that appraisal must also be included.

6. Request for resolution of work accident and occupational disease benefits according to the model for the latest work accident or occupational disease; if the previous work accident or occupational disease had not yet been resolved, then a request for resolution from the unit where the accident occurred must also be included.

7. Prescription for provision of living aids and orthopedic devices according to regulations on provision of living aids and orthopedic devices (if applicable) issued by healthcare facilities, orthopedic centers, and rehabilitation centers.

Article 9. Rest days for recuperation after treatment for work-related injuries or illnesses

1. The number of rest days for recuperation after treatment for work-related injuries or illnesses as prescribed in Article 54 of the Labor Safety and Health Law includes holidays, Tet holidays, and weekly rest days as stipulated by labor laws.

2. In cases where workers do not take leave, they shall not be entitled to recuperation benefits after treatment for work-related injuries or illnesses.

Article 10. Participation in the Workers' Accident Insurance Fund and Occupational Diseases Fund

1. Workers who are sent for study, internship, or work domestically or abroad and who receive wages or are on leave without pay due to cessation of work or waiting for work assignments shall still have their employers contribute to the Workers' Accident Insurance Fund and Occupational Diseases Fund during the period of study, internship, work, cessation, or waiting for work assignments.

2. In cases where an accident occurs at work within the first month of insurance contributions to the Workers' Accident Insurance Fund and Occupational Diseases Fund or within the first month of resuming work after a break in contributions due to termination of the employment contract, the employer must contribute to the Workers' Accident Insurance Fund and Occupational Diseases Fund for that month.

3. For periods when workers are absent from work due to work-related accidents or occupational diseases for treatment and recovery of work capacity, the employer at the place of the work-related accident or occupational disease must pay full wages according to the employment contract as stipulated in Clause 3, Article 38 of the Labor Safety and Health Law.

4. Employers are responsible for fully contributing to workers' accident insurance and occupational diseases insurance, including interest as prescribed, for workers who meet the conditions for receiving accident insurance and occupational diseases benefits or terminate employment contracts or work agreements in a timely manner to resolve workers' rights.

Article 11. Time and Monthly Wages as Basis for Receiving Accident Insurance and Occupational Diseases Benefits

1. The time serving as the basis for receiving accident insurance and occupational diseases benefits is the total time of contributions to the Workers' Accident Insurance Fund and Occupational Diseases Fund by the worker, excluding overlapping contribution periods of different employment contracts; non-consecutive contribution periods are added together; time spent in positions as specified in Decree No. 09/1998/NĐ-CP dated January 23, 1998 before January 1, 1998, which was counted towards social insurance benefits, is also counted towards accident insurance and occupational diseases benefits.

2. Time when workers are on leave receiving sickness benefits under the Social Insurance Law, or time not working or on leave without pay for 14 working days or more in a month, the employer does not contribute to the Workers' Accident Insurance Fund and Occupational Diseases Fund for that month, and that month is not counted as a contribution period to the Workers' Accident Insurance Fund and Occupational Diseases Fund except in cases prescribed in Clause 2, Article 10 of this Decree.

3. Time on leave receiving maternity benefits under the Social Insurance Law for 14 working days or more in a month, the employer does not need to contribute to the Workers' Accident Insurance Fund and Occupational Diseases Fund but is counted as a contribution period to the Workers' Accident Insurance Fund and Occupational Diseases Fund, specifically as follows:

a) In cases where the employment contract expires during the period the worker is on leave receiving maternity benefits, the time on leave receiving maternity benefits from the start of the leave until the end of the employment contract is counted as a contribution period to the Workers' Accident Insurance Fund and Occupational Diseases Fund, while the time on leave receiving maternity benefits after the expiration of the employment contract is not counted as a contribution period to the Workers' Accident Insurance Fund and Occupational Diseases Fund;

d) In cases where the father or the person directly raising the child, the mother carrying the pregnancy for another woman, or the father carrying the pregnancy for another man receives maternity benefits without taking leave, the employer must still contribute to the Workers' Accident Insurance Fund and Occupational Diseases Fund.

4. When workers are temporarily detained or suspended from work and must temporarily stop participating in the Workers' Accident Insurance Fund and Occupational Diseases Fund, if they are later allowed to make up contributions according to social insurance laws, the makeup contribution period is counted as a contribution period to the Workers' Accident Insurance Fund and Occupational Diseases Fund.

5. Time already counted towards one-time social insurance benefits is not included in the calculation basis for accident insurance and occupational diseases benefits.

6. The total number of years of contributions to the Workers' Accident Insurance Fund and Occupational Diseases Fund is determined as follows:

a) In cases of work-related accidents, it is the total number of years of contributions to the Workers' Accident Insurance Fund and Occupational Diseases Fund up to the month immediately preceding the month of the work-related accident;

b) In cases of occupational diseases, it is the total number of years of contributions to the Workers' Accident Insurance Fund and Occupational Diseases Fund up to the month immediately preceding the month of performing the job that caused the occupational disease.

c) In case a worker simultaneously enters into labor contracts with multiple employers, the overlapping time for contributing to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund among these contracts shall only be counted once.

d) A year is considered complete when there are twelve months of contributions to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund.

7. The salary basis for calculating benefits under occupational accident and occupational disease regimes, which is contributed to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund, shall be determined as follows:

a) The monthly salary immediately preceding the month in which the occupational accident or occupational disease occurred; in cases where the worker suffers an occupational accident during the first month of contributing to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund or suffers an occupational accident or occupational disease during the first month of returning to work after a break due to termination of the labor contract, it shall be equal to the salary contributed to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund in that very month;

b) The final monthly salary contributed to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund for the job that caused the occupational disease, in cases where the occupational disease occurs after retirement or ceasing to work in jobs with a risk of occupational diseases;

c) In cases where workers began participating in social insurance before January 1, 2016 and are subject to state-prescribed salary systems, the salary basis for calculating allowances shall be calculated based on the salary coefficient and any allowances (if applicable), multiplied by the basic salary level at the time of receiving the allowance;

d) In cases where workers simultaneously enter into labor contracts with multiple employers, the salary basis for calculating allowances shall be the total of all salary bases for contributing to the Occupational Accident Insurance Fund and Occupational Disease Insurance Fund from all labor contracts in the month immediately preceding the month in which the occupational accident or occupational disease occurred, but not exceeding twenty times the basic salary level.

Chapter III
SUPPORT FOR OCCUPATIONAL TRANSITION AND ACTIVITIES TO PREVENT, SHARE RISKS OF OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Section 1
SUPPORT FOR OCCUPATIONAL TRANSITION FOR WORKERS SUFFERING FROM OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 12. Conditions for supporting occupational transition for workers suffering from occupational accidents and occupational diseases when returning to work

Employers are entitled to financial support for vocational training to facilitate occupational transition for workers in accordance with Article 55 of the Labor Safety and Health Law if the workers meet the following conditions:

1. Reduced working capacity due to occupational accidents or occupational diseases by 31% or more;

2. Being assigned new work by the employer within their management authority, suitable to the worker's health condition and preferences, but requiring vocational training for transition;

3. Participating in occupational accident and occupational disease insurance according to the law at the time of the occupational accident or occupational disease occurrence.

Article 13. Level and Authority to Decide on Support for Occupational Transition

1. The tuition fee specified in Clause 2 of Article 55 of the Labor Safety and Health Law shall be based on the service price of vocational training as stipulated by the competent state agency.

2. The Department of Labor, Invalids and Social Affairs shall decide on support for each individual as follows:

a) The maximum level of support is 50% of the tuition fee, but not exceeding fifteen times the basic salary level;

b) The maximum number of times support can be provided to each worker is two times, and within one year, they can only receive support once.

Article 14. Documents for requesting vocational transition support

1. A document from the employer requesting financial support for vocational training for workers affected by occupational accidents or occupational diseases according to Model No. 03 in the Appendix of this Decree.

2. A certified copy of the medical board's report on the degree of work capacity reduction.

3. A certified copy of payment receipts for training costs as prescribed.

Article 15. Procedure for handling vocational transition support

1. The employer submits one set of documents as stipulated in Article 14 of this Decree to the Department of Labor, Invalids, and Social Affairs.

2. Within five working days from the date of receiving complete and valid documents, the Department of Labor, Invalids, and Social Affairs will review the documents, make a decision on support according to Model No. 04 in the Appendix of this Decree, and send the decision (along with the list of supported individuals) to the Social Insurance Authority. In cases where support is not provided, a written response must be given to the employer stating the reasons.

3. Within five working days from the date of receiving the support decision from the Department of Labor, Invalids, and Social Affairs, the Social Insurance Authority is responsible for disbursing the vocational transition training support funds to the employer. If disbursement does not occur, a written response must be given to the Department of Labor, Invalids, and Social Affairs stating the reasons.

Section 2
SUPPORT FOR OCCUPATIONAL HEALTH EXAMINATIONS AND TREATMENTS

Article 16. Conditions for Supporting Occupational Health Examinations for Workers

Employers are eligible for financial support to conduct occupational health examinations for workers as stipulated in point a, Clause 2, Article 56 of the Labor Safety and Health Law when the workers meet the following conditions:

1. Having contributed to occupational accident and occupational disease insurance for at least twelve months and continuing to contribute up to the month immediately preceding the request for examination cost support.

2. Being diagnosed with an occupational disease at healthcare facilities specializing in occupational health examinations and treatments.

Article 17. Level of Support for Occupational Health Examination Costs

1. The level of support is fifty percent of the occupational health examination costs based on the occupational health examination fee schedule issued by the Minister of Health at the time of the worker's examination, after deducting the amount covered by health insurance, but not exceeding eight hundred thousand VND per person per examination.

2. The maximum number of times support can be provided for each worker is two times, with only one time allowed within one year.

Article 18. Documents for Requesting Support for Occupational Health Examination Costs

1. A document requesting support for occupational health examination costs according to Model No. 05 in the Appendix of this Decree.

2. A certified copy of the occupational disease file from the healthcare facility conducting the occupational health examination and treatment.

3. A copy of the payment receipts for occupational health examination costs as prescribed.

Article 19. Procedure for Handling Support for Occupational Health Examination Costs

1. For cases meeting the conditions stipulated in Article 16 of this Decree, the employer submits one set of documents as stipulated in Article 18 of this Decree to the Department of Labor, Invalids, and Social Affairs.

2. Within five working days from the date of receiving complete and valid documents, the Department of Labor, Invalids, and Social Affairs will review the documents, make a decision on support according to Model No. 06 in the Appendix of this Decree, and send the decision (along with the list of supported individuals) to the Social Insurance Authority. In cases where support is not provided, a written response must be given to the employer or the worker who submitted the application stating the reasons.

3. Within five working days from the date of receiving the support decision from the Department of Labor, Invalids, and Social Affairs, the Social Insurance Authority is responsible for disbursing the occupational health examination support funds to the employer or the worker according to the support decision. If disbursement does not occur, a written response must be given to the Department of Labor, Invalids, and Social Affairs stating the reasons.

Article 20. Conditions for financial support for occupational disease treatment for workers

Workers shall be supported with financial resources for occupational disease treatment as stipulated in Point a, Clause 2, Article 56 of the Labor Safety and Health Law when they meet all of the following conditions:

1. They have been diagnosed with an occupational disease at an occupational disease medical examination and treatment facility;

2. They have participated in work injury and occupational disease insurance for at least 12 months and continue to participate up to the month immediately preceding the month of their application for financial support for occupational disease treatment;

3. They have participated in mandatory social insurance during the period working in occupations or jobs that cause occupational diseases as stipulated in this Clause.

Article 21. Level of Financial Support for Occupational Disease Treatment

1. The level of support is equal to 50% of the cost of occupational disease treatment based on the occupational disease treatment fee schedule at the time the worker receives treatment, after being reimbursed by health insurance, but not exceeding VND 15 million/person.

2. The maximum number of times support can be provided for each worker is two times, with only one time allowed within one year.

Article 22. Documents for Application for Financial Support for Occupational Disease Treatment

1. A request for financial support for occupational disease treatment for workers according to Model No. 07 in the Appendix of this Decree.

2. A certified copy of the file confirming the diagnosis of an occupational disease from the occupational disease medical examination and treatment facility.

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

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

Article 23. Procedure for Processing Financial Support for Occupational Disease Treatment

1. In cases where the conditions stipulated in Article 20 of this Decree are met, the employer submits one set of documents as prescribed in Article 22 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 will review the documents and make a decision on support according to Model No. 08 in the Appendix of this Decree, and send the decision (along with the list of supported data) to the social insurance agency. If support is not provided, a written response must be given to the employer or the worker who submitted the application and the reasons must be clearly stated.

3. Within five working days from the date of receiving the support decision from the Department of Labor, Invalids and Social Affairs, the social insurance agency is responsible for disbursing the financial support for occupational disease treatment to the worker. If disbursement is not made, a written response must be given to the Department of Labor, Invalids and Social Affairs and the reasons must be clearly stated.

Section 3
SUPPORT FOR REHABILITATION OF WORKING CAPACITY

Article 24. Conditions for Financial Support for Rehabilitation of Working Capacity

Workers shall be supported with financial resources for rehabilitation of working capacity as stipulated in Point b, Clause 2, Article 56 of the Labor Safety and Health Law when they meet all of the following conditions:

1. They have been designated for rehabilitation of working capacity by a medical examination and treatment facility;

2. Their working capacity has decreased by 31% or more due to a work injury or occupational disease.

3. Participating in occupational accident and occupational disease insurance according to the law at the time of the occupational accident or occupational disease occurrence.

Article 25. Level of Financial Support for Rehabilitation of Working Capacity

1. The maximum level of support for rehabilitation of working capacity is equal to 50% of the cost of rehabilitation of working capacity based on the rehabilitation of working capacity fee schedule at the time the worker undergoes rehabilitation, after being reimbursed by health insurance, but not exceeding VND 3 million/person/session.

2. The maximum number of times support can be provided for each worker is two times, with only one time allowed within one year.

Article 26. Documents for requesting financial support for labor rehabilitation

1. A request document for financial support for labor rehabilitation according to Model No. 09 in the Appendix of this Decree.

2. Certified copy of the hospital transfer certificate to the labor rehabilitation unit from the medical examination and treatment facility for cases requiring transfer; for cases where the hospital has a rehabilitation department, a certified copy of the medical record indicating the patient's transfer to the rehabilitation department.

3. Certified payment receipt for labor rehabilitation costs, excluding funds for rehabilitation support equipment.

Article 27. Procedure for resolving financial support for labor rehabilitation

1. The employer submits one set of documents as prescribed in Article 26 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 as prescribed, the Department of Labor, Invalids and Social Affairs will review the documents, make a decision on support according to Model No. 10 in the Appendix of this Decree, and send the decision (along with the list of supported data) to the social insurance agency. If support is not provided, a written response must be given to the employer stating the reasons.

3. Within five working days from the date of receiving the support decision from the Department of Labor, Invalids and Social Affairs, the social insurance agency is responsible for paying the financial support for labor rehabilitation to the employee. If payment is not made, a written response must be given to the Department of Labor, Invalids and Social Affairs stating the reasons.

Section 4
SUPPORT FOR RE-INVESTIGATION OF WORK-RELATED ACCIDENTS AND OCCUPATIONAL DISEASES UPON REQUEST OF THE SOCIAL INSURANCE AGENCY

Article 28. Cases eligible for financial support for re-investigation of work-related accidents and occupational diseases

Cases eligible for financial support for re-investigation as stipulated in point c, Clause 2, Article 56 of the Labor Safety and Health Law are work-related accidents and occupational disease cases that are re-investigated upon request of the social insurance agency by the competent authority; it does not include cases of complaints or accusations within the responsibility of state management agencies.

Article 29. Level of financial support and time limit for re-investigation of work-related accidents and occupational diseases

1. The occupational accident and occupational disease insurance fund pays 100% of the costs for re-investigating work-related accidents and occupational diseases as currently regulated, including:

a) Travel expenses for members of the investigation team;

b) Fees for hiring experts and appraisal fees;

c) Printing costs for documents related to work-related accidents and occupational diseases.

2. The time limit for re-investigating work-related accidents and occupational diseases shall not exceed sixty days, except in cases where there is a different agreement between the social insurance agency and the competent authority organizing the re-investigation.

Article 30. Documents for financial support for re-investigation of work-related accidents and occupational diseases

1. A document from the social insurance agency requesting re-investigation of work-related accidents or occupational diseases; an agreement on the investigation period (if any).

2. Decision to establish the work-related accident or occupational disease investigation team.

3. Minutes of the re-investigation of work-related accidents or occupational diseases.

4. Original payment settlement receipt proving the costs incurred for the investigation as prescribed by law.

Article 31. Procedure for Supporting Financial Investigation of Occupational Accidents and Occupational Diseases

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

2. Based on the request from the Social Insurance Agency, the competent state management agency under the Labor - Invalids and Social Affairs sector shall consider and decide to establish a team to investigate occupational accidents, and the competent state management agency under the Health sector shall consider and decide to establish a team to investigate occupational diseases with the participation of representatives from the Social Insurance Agency.

3. The competent state management agency that establishes the investigation team shall be responsible for preparing a plan and budget estimate for the required financial support, which shall be sent to the Social Insurance Agency for 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 one set of files in accordance with Article 30 of this Decree to the Social Insurance Agency.

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

Section 5
SUPPORT FOR SAFETY AND HEALTH TRAINING

Article 32. Conditions for Supporting Financial Safety and Health Training

Employers are eligible to receive financial support for safety and health training as prescribed in Clause 4, Article 56 of the Law on Safety and Health at Work when they meet the following conditions:

1. Employers have continuously paid work injury insurance and occupational disease insurance for workers who are the subjects of the requested training support for at least twelve months until the month of requesting financial support for safety and health training.

2. Engage an organization for training that meets the prescribed conditions or conduct self-training on safety and health for the first time or regular training according to current laws.

3. Regularly report on safety and health activities and report on the previous year's occupational accident situation to the Department of Labor - Invalids and Social Affairs in accordance with the provisions of the law.

Article 33. Principles for Supporting Financial Safety and Health Training

1. The subjects eligible for training support as prescribed in Point d, Clause 2, Article 56 of the Law on Safety and Health at Work include managers responsible for safety and health; personnel engaged in safety and health; medical personnel; safety and health inspectors; and personnel performing jobs with strict requirements for safety and health.

2. In cases where workers are employed by multiple employers, each employer participating in work injury insurance and occupational disease insurance may receive financial support for training for their workers.

3. Financial support will only be provided for completed training activities prior to the application for training support and not more than one year before the year of applying for training support, and the employer must have continuously paid work injury insurance and occupational disease insurance for workers from the time of organizing the training to the time of applying for training support.

Article 34. Level of Financial Support for Safety and Occupational Health Training Costs

The employer shall be entitled to receive maximum financial support once within a period of 24 months, at a rate of 70% of actual training costs for each eligible recipient of training support, but not exceeding the following amounts:

1. Initial Training Support:

a) Not more than VND 150,000 per person for those trained as occupational safety and health officers;

b) Not more than VND 300,000 per person for those trained as managers responsible for occupational safety and health and medical staff;

c) Not more than VND 600,000 per person for those engaged in work with strict requirements for occupational safety and health;

d) Not more than VND 700,000 per person for those trained in occupational safety and health activities.

2. Periodic Training Support shall not exceed 50% of the initial training support amount specified in Clause 1 of this Article.

Article 35. Documents for Requesting Financial Support for Training

1. A request for financial support for training according to Model No. 11 in the Appendix of this Decree.

2. Copies of documents and receipts proving the organization of training in accordance with the law and related actual training costs for occupational safety and health for the requested support recipients.

Article 36. Procedures for Processing Financial Support for Occupational Safety and Health Training

1. The employer submits one set of documents as stipulated in Article 35 of this Decree to the Department of Labor, Invalids and Social Affairs according to Model No. 11 in the Appendix of this Decree (accompanied by a list of support data), carrying original payment receipts for verification against copies.

2. Within fifteen working days from the date of receipt of complete and valid documents, the Department of Labor, Invalids and Social Affairs will review the documents, make a decision on support according to Model No. 12 in the Appendix of this Decree, and send the decision (accompanied by a list of support data) to the social insurance agency. In cases where support is not provided, a written response must be given to the employer stating the reasons.

3. Within five working days from the date of receiving the support decision from the Department of Labor, Invalids and Social Affairs, the social insurance agency is responsible for disbursing the financial support for occupational safety and health training to the employer. If disbursement does not occur, a written response must be given to the Department of Labor, Invalids and Social Affairs stating the reasons.

4. The Minister of Finance shall provide guidance on the settlement of financial support training expenses and guide production and business establishments to account for funds received from the Work Injury Insurance Fund and Occupational Disease Fund in accordance with the law.

Chapter IV
PLAN FOR FINANCIAL SUPPORT FOR PREVENTION, RISK SHARING AND MANAGEMENT COSTS OF WORK INJURY INSURANCE AND OCCUPATIONAL DISEASE INSURANCE

Article 37. Principles for Allocating and Using Financial Support for Prevention and Risk Sharing for Work Injuries and Occupational Diseases

1. The allocation of financial support for prevention and risk sharing is based on the following principles:

a) Localities proactively develop and propose support plans;

b) Prioritize funding for supporting occupational disease diagnosis and treatment, labor rehabilitation, and preventive activities in industries and sectors with high risks of work injuries and occupational diseases, as guided annually by the Ministry of Labor, Invalids and Social Affairs;

c) Prioritize localities and employers that apply information technology in occupational safety and health management; strictly comply with reporting, payment, and settlement procedures as prescribed by law.

2. The use of financial support for prevention and risk sharing should prioritize activities supporting occupational disease diagnosis and treatment, labor rehabilitation, and re-investigation of work injuries and occupational diseases.

Article 38. Establishing the budget plan for support funds to prevent work-related accidents and occupational diseases

1. Annually, before June 1st, the Departments of Labor, Invalids and Social Affairs of provinces and centrally governed cities and related agencies shall forecast the need for using support funds for vocational conversion, activities to prevent and share risks, and management costs for work-related accident and occupational disease insurance of the following year, prepare a proposal plan according to Model No. 13 in the Appendix of this Decree, and submit it to the Ministry of Labor, Invalids and Social Affairs for consideration and decision.

2. The establishment, allocation, budgeting, management, utilization, and settlement of expenses from the Work-Related Accident and Occupational Disease Insurance Fund shall be carried out in accordance with the regulations of the Prime Minister on the financial management mechanism for social insurance, health insurance, unemployment insurance, and management costs for social insurance, health insurance, and unemployment insurance.

Management costs for work-related accident and occupational disease insurance shall be implemented in accordance with Article 90 of the Social Insurance Law and the regulations of the financial management laws applicable to the Vietnam Social Security.

Chapter V
RIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND EMPLOYERS

Article 40. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To decide and be responsible to the Prime Minister regarding the support fund's assistance plan based on proposals from the Departments of Labor, Invalids and Social Affairs and reports from the social insurance agency.

2. To take the lead and coordinate with relevant agencies to organize and guide the dissemination of policies and laws on work-related accident and occupational disease insurance; to train and instruct the implementation of preventive measures and risk-sharing for work-related accidents and occupational diseases, and to improve working conditions in implementing work-related accident and occupational disease insurance policies.

3. To compile the results of the support policy implementation from the Work-Related Accident and Occupational Disease Insurance Fund, prepare a proposal plan for allocating support funds and management costs to localities based on the budgeted revenue of the previous year, actual expenditures of the preceding year, the situation of work-related accidents and occupational diseases, and compliance with labor safety and hygiene laws at the local level.

4. Before December 31 each year, based on the goals of preventing work-related accidents and occupational diseases and the priority sectors, trades, and fields requiring support, the Ministry of Labor, Invalids and Social Affairs shall issue guidelines for localities to establish plans and implement support activities to prevent and share risks of work-related accidents and occupational diseases.

5. To inspect, audit, and supervise the implementation of policies and laws on work-related accident and occupational disease insurance.

6. To handle complaints and denunciations concerning work-related accident and occupational disease insurance in accordance with the law.

7. To report periodically annually and urgently to the Government on the implementation of work-related accident and occupational disease insurance policies.

8. To implement and direct the Departments of Labor, Invalids and Social Affairs to apply and modernize information technology to ensure the receipt of data on work-related accident and occupational disease insurance shared by the social insurance agency and to conduct electronic transactions in the field of work-related accident and occupational disease insurance.

Article 41. Responsibilities of the Ministry of Health

1. Coordinate with relevant agencies to organize information dissemination and propaganda on policies and laws regarding work injury insurance and occupational disease insurance.

2. Direct and guide the organization and implementation of occupational disease diagnosis and treatment; labor function recovery and occupational disease investigation as required by the social insurance agency.

3. Direct, guide, inspect, and supervise to ensure the quality of occupational disease diagnosis and treatment and labor function recovery.

4. Resolve complaints and denunciations from organizations and individuals regarding occupational disease diagnosis and treatment and labor function recovery according to the provisions of the law.

Article 42. 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) Propose to competent state management agencies to establish, amend, and supplement support policies, regulations, and laws for work injury prevention and occupational disease prevention; manage and utilize the Work Injury Insurance Fund; handle violations of work injury insurance laws and occupational disease insurance laws or propose to competent state agencies to handle such violations according to the law.

c) Request re-investigation of work injury cases and occupational diseases.

d) Other rights as prescribed by law.

2. Responsibilities of the social insurance agency

a) Promote the expansion of participants in work injury insurance and occupational disease insurance; guide procedures for reimbursement of support costs for medical examinations, treatments, safety and hygiene training, and labor function recovery.

b) Implement the disbursement of support funds according to decisions of the Department of Labor, Invalids, and Social Affairs; promptly inform the Department of Labor, Invalids, and Social Affairs when fraudulent activities or insufficient conditions for vocational transition support and preventive activities, risk-sharing regarding work injuries and occupational diseases as stipulated in this Decree are discovered.

c) Ensure the connection of electronic information database systems for work injury insurance and occupational disease insurance with state management agencies under the Labor, Invalids, and Social Affairs sector to regularly update and share information for planning, inspection, and review of applications for vocational transition support and preventive activities, risk-sharing regarding work injuries and occupational diseases as stipulated in this Decree.

d) Manage and utilize the Work Injury Insurance Fund; store support application files and preventive activity records according to the law.

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

e) Before December 15 each year, the provincial social insurance agency compiles the results of revenue and expenditure and the situation of support fund disbursement from the Work Injury Insurance Fund for the entire year and reports to the provincial People's Committee and the Department of Labor, Invalids, and Social Affairs on the implementation of mandatory work injury insurance and occupational disease insurance according to Model No. 14 in the Appendix of this Decree.

g) Annually, the Vietnam Social Security compiles the results of revenue and expenditure and the situation of support fund disbursement from the Work Injury Insurance Fund for the previous year and the budgeted revenue for the Work Injury Insurance Fund for the current year; report to the Social Insurance Management Council; report to the Ministry of Labor, Invalids, and Social Affairs on the implementation of mandatory work injury insurance and occupational disease insurance; report to the Ministry of Finance on the management and utilization of the mandatory Work Injury Insurance Fund.

h) Resolve complaints and denunciations regarding the implementation of mandatory work injury insurance and occupational disease insurance.

i) Request the Department of Labor, Invalids, and Social Affairs to decide on the recovery of support funds from the Work Injury Insurance Fund that were disbursed incorrectly due to inaccurate information for reviewing and approving vocational transition support and preventive activities, risk-sharing regarding work injuries and occupational diseases, leading to the issuance of decisions.

k) Fulfill other responsibilities as prescribed by law.

Article 43. Responsibilities of the People's Committees of Provinces and Central Cities

1. Direct the Department of Labor, Invalids and Social Affairs

a) Take the lead and coordinate with relevant agencies to forecast the need for using funds to be submitted to the Ministry of Labor, Invalids and Social Affairs for consideration and decision in accordance with Clause 1 of Article 38 of this Decree; organize the receipt of applications, examination, and decision on financial support for vocational training conversion, occupational health examinations, occupational disease treatment, labor function recovery, and safety and hygiene training.

b) Take the lead and coordinate with relevant agencies to organize the dissemination and popularization of policies and laws on occupational accident insurance and occupational disease insurance; train and guide the implementation of preventive measures and risk-sharing regarding occupational accidents and diseases within their jurisdiction, following the annual guidelines of the Ministry of Labor, Invalids and Social Affairs.

c) Take the lead and coordinate with competent agencies during the re-investigation of occupational accidents and cooperate with the health sector to investigate occupational diseases at the request of the social insurance agency.

d) By January 30 each year, publish the list of employers submitting occupational safety and health reports and occupational accident reports to the Department of Labor, Invalids and Social Affairs; update the list of employers receiving support (accompanied by the list of workers receiving support), publish it on the Department of Labor, Invalids and Social Affairs' electronic portal, issue a support decision.

đ) Inspect and supervise the implementation of laws on occupational accident insurance and occupational disease insurance within their jurisdiction and handle violations according to the provisions of the law.

e) Resolve complaints and denunciations regarding occupational accident insurance and occupational disease insurance according to the provisions of the law.

g) Decide to recover amounts of support from the Occupational Accident Insurance and Occupational Disease Insurance Fund when discovering that employers or workers do not meet the conditions to receive support as stipulated in Chapter III of this Decree issued by the Department of Labor, Invalids and Social Affairs.

h) Apply information technology in managing occupational accident insurance and occupational disease insurance; ensure the reception of information for searching, reviewing, and approving financial support for vocational training conversion and preventive activities and risk-sharing regarding occupational accidents and diseases as prescribed in this Decree shared by the social insurance agency.

i) Propose to competent authorities to establish, amend, and supplement systems, policies, and laws on occupational accident insurance and occupational disease insurance.

k) Report regularly annually and urgently to the Ministry of Labor, Invalids and Social Affairs and the provincial People's Committee in accordance with the law.

l) Annually, take the lead in organizing meetings to evaluate the implementation of support policies with local social insurance agencies.

m) Retain files on vocational training conversion support and preventive activities and risk-sharing regarding occupational accidents and diseases as prescribed by law.

n) Fulfill other responsibilities as prescribed by law.

2. Direct the Department of Health

a) Coordinate with relevant agencies to organize the dissemination and popularization of policies and laws on occupational accident insurance and occupational disease insurance.

b) Implement management of occupational disease diagnosis and treatment; labor function recovery within their jurisdiction.

c) Coordinate with competent agencies during the re-investigation of occupational accidents at the request of the social insurance agency.

d) Resolve complaints and denunciations of organizations and individuals regarding occupational disease diagnosis and treatment and labor function recovery according to the provisions of the law.

đ) Provide materials and information related to occupational disease diagnosis and treatment and labor function recovery upon the request of authorized state agencies.

e) Fulfill other responsibilities as prescribed by the law.

Article 44. Responsibilities of Employers

1. Fully fulfill the responsibility of paying work injury insurance and occupational disease insurance premiums for employees in accordance with the provisions of the law.

2. Timely prepare files to request the resolution of benefits for employees from the Work Injury Insurance Fund and Occupational Disease Insurance Fund.

3. Fully implement payments of benefits and support amounts from the Social Insurance Fund for employees.

4. Use funds for prevention and sharing risks related to work injuries and occupational diseases effectively and for their intended purposes in accordance with the provisions of the law.

5. Reimburse the portion of support received back into the Work Injury Insurance Fund and Occupational Disease Insurance Fund when it is revoked according to the decision of the Department of Labor, Invalids and Social Affairs as stipulated in point i, Clause 2, Article 42 and point g, Clause 1, Article 43 of this Decree.

Chapter VI
IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Decree takes effect from September 15, 2020.

2. Individuals receiving work injury allowance or occupational disease allowance; individuals who suffered work injuries or occupational diseases and were discharged from hospital before July 1, 2016 shall continue to be governed by the Social Insurance Law 2014 and detailed regulations and guidance on work injury and occupational disease benefits issued before January 1, 2016.

3. 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 mandatory work injury insurance and occupational disease insurance shall cease to be effective from the date this Decree takes effect.

Article 46. Transitional Provisions

1. The period of social insurance contributions from June 30, 2016 and earlier shall be counted as the period of participation in work injury insurance and occupational disease insurance under this Decree, except for those who only participate in the pension and death benefit fund in accordance with the law on social insurance.

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

Article 47. Implementation Organization

1. The Ministers of the Ministries of Labor, Invalids and Social Affairs, Finance, Health, Planning and Investment shall guide the contents assigned in this Decree.

2. Annually, the Vietnam Social Security shall have the responsibility to report the situation of using the Work Injury Insurance Fund and Occupational Disease Insurance Fund to the Ministry of Labor, Invalids and Social Affairs.

3. The Minister of National Defense, the Minister of Public Security shall, based on their functions and tasks, have the responsibility to guide and organize the implementation of this Decree 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 relevant organizations and individuals shall be responsible for implementing this Decree./.