What are requirements for determining occupational accident benefit of employees in Vietnam? Under what conditions are occupational accident investigation based in Vietnam?

1. What are requirements for determining occupational accident benefit of employees in Vietnam?

According to Article 45 of the Law on occupational safety and hygiene 2015, requirements for receiving occupational accident benefit are as follows:

An employee buying the insurance shall receive occupational accident insurance benefit if the following requirements are satisfied:

1. He/she has an accident:

a) At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;

b) Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;

c) On the route between home and work within a reasonable period of time and route;

2. He/she suffers a working capacity decrease of at least 5% caused by an accident prescribed in Clause 1 of this Article;

3. The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1 Article 40 of this Law.

Thus, the distance this worker goes home to his hometown (45 km away from the company) is not defined as the route between home and work within a reasonable period of time and route. Therefore, the accident for the above worker is not defined as an occupational accident and will not be entitled to the occupational accident benefits of the social insurance in Vietnam.

2. Under what conditions are occupational accident investigation based in Vietnam?

In Article 13 of Decree 39/2016/ND-CP on procedures for occupational accident investigation of the grassroots occupational accident investigation Team, according to which:

The grassroots occupational accident investigation Team shall perform the investigation by the following procedures:

1. Collects traces, evidence and documents related to occupational accident.

2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with this Decree.

3. Requests the technical inspection or forensic examination (if needed).

4. Analyzes the conclusion about: development and cause of occupational accident; conclusion about occupational accident; seriousness of violation and recommends the form of handling to the person who is at fault in the occupational accident; takes measures to remedy and prevent the recurrence of similar occupational accidents.

5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with this Decree.

6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree.

7. Participants of meeting to announce the Record of occupational accident investigation:

a) Head of occupational accident investigation Team;

b) Employer and person authorized in writing by the employer;

c) Members of occupational accident investigation Team;

d) Victim or victim’s representative, person who knows the facts or person concerned;

dd) Representative of the grassroots trade union executive committee or the direct superior trade union executive committee in case there is no grassroots trade union executive committee at such units.

8. If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.

9. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the grassroots occupational accident investigation Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the victim’s relative; Inspectorate of Department of Labor – Invalids and Social Affairs of employer’s head office; Inspectorate of Department of Labor – Invalids and Social Affairs at the place of accident occurrence.

According to this Article, comparing the above regulations, the occupational accident investigation of the grassroots occupational accident investigation Team follow the above conditions and procedures in Vietnam.

Best Regards!