VI How are foreign workers in Vietnam entitled to work accident insurance? Through today’s article, let’s learn about this issue with Pham Consult!
When are foreign workers in Vietnam subject to compulsory social insurance?
Foreign employees working in Vietnam are subject to compulsory social insurance when they have a work permit or a practice certificate or a practice license issued by a competent authority of Vietnam and have an indefinite-term labor contract or a fixed-term labor contract of at least 01 year with an employer in Vietnam (stipulated in Clause 1, Article 2 of Decree 143/2018/ND-CP)
How are foreign employees in Vietnam entitled to occupational accident insurance?
According to Clause 3, Article 8 of Decree 143/2018/ND-CP, the level of occupational accident insurance benefits is as follows:
Level of occupational accident and disease insurance benefits
…
3. Level of occupational accident and disease insurance benefits
a) One-time allowance is implemented according to the provisions of Article 48 of the Law on Labor Safety and Hygiene;
b) Monthly allowances are implemented according to the provisions in Clauses 1, 2, 3, 4 and Clause 6, Article 49 of the Law on Labor Safety and Hygiene.
Accordingly, one-time allowances are implemented according to the provisions in Article 48 of the Law on Labor Safety and Hygiene 2015 as follows:
– Employees with a reduction in working capacity from 5% to 30% are entitled to a one-time allowance.
– The one-time allowance level is prescribed as follows:
+ A 5% reduction in working capacity is entitled to five times the basic salary, then for each additional 1% reduction, an additional 0.5 times the basic salary is entitled to be paid.
+ In addition to the allowance prescribed in Point a, Clause 2, Article 48 of the Law on Labor Safety and Hygiene 2014, the employee is also entitled to an additional allowance calculated based on the number of years of contributions to the Labor Accident and Occupational Disease Insurance Fund. From one year or less, it is calculated as 0.5 months, then for each additional year of contribution to the fund, an additional 0.3 months of salary paid to the fund in the month immediately preceding the month of the labor accident or the month of being diagnosed with an occupational disease is calculated; in case of a labor accident in the first month of contribution to the fund or a period of interrupted participation and then returning to work, the salary used as the basis for calculating this allowance is the salary of that month.
In addition, the monthly allowance is implemented according to the provisions in Clauses 1, 2, 3, 4 and Clause 6, Article 49 of the Law on Labor Safety and Hygiene 2015 as follows:
– Employees with a working capacity reduction of 31% or more are entitled to a monthly allowance.
– The monthly allowance is stipulated as follows:
+ A 31% reduction in working capacity is entitled to 30% of the basic salary, then for each additional 1% reduction, an additional 2% of the basic salary is entitled to.
+ In addition to the allowance stipulated in Point a of this Clause, each month, an additional allowance is also entitled to be paid based on the number of years of contributions to the Occupational Accident and Disease Insurance Fund, from one year or less, it is calculated as 0.5%, then for each additional year of contribution to the fund, an additional 0.3% of the salary paid to the fund in the month immediately preceding the month of the occupational accident or the month of being diagnosed with an occupational disease is calculated; in case of a work accident in the first month of contribution to the fund or a period of interrupted participation and then returning to work, the salary used as the basis for calculating this allowance is the salary of that month.
– The suspension and continued enjoyment of monthly occupational accident and disease allowances and service allowances shall be implemented in accordance with the provisions of Article 64 of the Law on Social Insurance 2014; the dossier and procedures for continuing enjoyment of monthly occupational accident and disease allowances shall be implemented in accordance with the provisions of Articles 113 and 114 of the Law on Social Insurance 2014. In case of temporary suspension of enjoyment as prescribed in Point c, Clause 1, Article 64 of the Law on Social Insurance 2014, the social insurance agency shall notify in writing and clearly state the reason; the decision to terminate enjoyment shall be based on the conclusion and decision of the competent state agency. – A person who is receiving monthly occupational accident allowances when moving to another place in the country and wishes to receive allowances at the new place of residence shall submit an application to the social insurance agency where he/she is receiving the allowance. Within 05 days from the date of receipt of the application, the social insurance agency shall be responsible for handling it; In case of non-resolve, a written response must be given stating the reason.
– The monthly occupational accident and disease allowance and service allowance shall be adjusted according to the provisions of the Law on Social Insurance.
What conditions must foreign employees meet to enjoy occupational accident benefits in Vietnam?
The conditions for enjoying occupational accident benefits in Vietnam for foreign employees are stipulated in Clause 1, Article 8 of Decree 143/2018/ND-CP:
Conditions for enjoyment
1. Conditions for enjoyment
a) Conditions for enjoying occupational accident benefits shall be implemented according to the provisions of Article 45 of the Law on Labor Safety and Hygiene;
Thus, the conditions for receiving occupational accident benefits in Vietnam for foreigners are implemented according to the provisions of Article 45 of the Law on Occupational Safety and Hygiene 2015 as follows:
– Having an accident in one of the following cases:
+ At the workplace and during working hours, including when performing necessary daily needs at the workplace or during working hours as permitted by the Labor Code and the internal regulations of the production and business establishment, including breaks, mid-shift meals, in-kind meals, menstrual hygiene, bathing, breastfeeding, going to the toilet.
+ Outside the workplace or outside working hours when performing work at the request of the employer or a person authorized in writing by the employer to directly manage the employee.
+ On the route from the place of residence to the place of work or from the place of work to the place of residence within a reasonable time and route.
– Labor capacity reduction of 5% or more due to an accident as prescribed in Clause 1, Article 45 of the Law on Labor Safety and Hygiene 2015. – Employees are not entitled to benefits paid by the Labor Accident and Occupational Disease Insurance Fund if they fall under one of the causes prescribed in Clause 1, Article 40 of the Law on Labor Safety and Hygiene 2015.
– Having an accident in one of the following cases:
+ At the workplace and during working hours, including when performing necessary daily needs at the workplace or during working hours as permitted by the Labor Code and the internal regulations of the production and business establishment, including breaks, mid-shift meals, in-kind meals, menstrual hygiene, bathing, breastfeeding, going to the toilet.
+ Outside the workplace or outside working hours when performing work at the request of the employer or a person authorized in writing by the employer to directly manage the employee.
+ On the route from the place of residence to the place of work or from the place of work to the place of residence within a reasonable time and route.
– Labor capacity reduction of 5% or more due to an accident as prescribed in Clause 1, Article 45 of the Law on Labor Safety and Hygiene 2015. – Employees are not entitled to benefits paid by the Labor Accident and Occupational Disease Insurance Fund if they fall under one of the causes prescribed in Clause 1, Article 40 of the Law on Labor Safety and Hygiene 2015.
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