VI What are the procedures for receiving work accident insurance benefits for foreign workers working in Vietnam? Through today’s article, let’s learn about this issue with Pham Consult!
Are foreign workers working in Vietnam entitled to work accident insurance benefits?
According to the provisions of Clause 1, Article 2 of Decree 143/2018/ND-CP as follows:
Applicable subjects
1. 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.
At the same time, Clause 1, Article 5 of Decree 143/2018/ND-CP states:
Compulsory social insurance regimes
1. Employees specified in Clause 1, Article 2 of this Decree shall implement the following compulsory social insurance regimes: sickness; maternity; occupational accident and disease insurance; retirement and death.
…
Thus, foreign workers working in Vietnam are eligible to participate in compulsory social insurance and enjoy social insurance benefits, including occupational accident insurance.
In addition, according to the provisions of Point a, Clause 1, Article 8 of Decree 143/2018/ND-CP, referring to Article 45 of the Law on Occupational Safety and Hygiene 2015, foreign workers participating in occupational accident and disease insurance are eligible for occupational accident benefits when meeting the following conditions:
– 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 internal regulations of the production and business establishment, including breaks, mid-shift meals, in-kind meals, menstrual hygiene, bathing, breastfeeding, and 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 specified in Clause 1 of this Article;
– Employees are not entitled to the regime paid by the Labor Accident and Occupational Disease Insurance Fund if one of the following reasons occurs:
+ Due to a conflict between the victim and the person who caused the accident that is not related to the performance of work or work duties;
+ Due to the employee intentionally destroying his or her own health;
+ Due to the use of drugs or other addictive substances contrary to the provisions of law.
What are the procedures for receiving labor accident insurance benefits for foreign employees working in Vietnam?
According to the provisions of Clause 1, Article 15 of Decree 143/2018/ND-CP as follows:
Order and procedures for participation in and settlement of social insurance
1. The order and procedures for participation in social insurance and the order and procedures for settlement of social insurance regimes for employees prescribed in Clause 1, Article 2 of this Decree shall be implemented according to the order and procedures for Vietnamese employees and implemented according to the provisions of Chapter VII of the Law on Social Insurance; Articles 57, 58, 59, 60, 61 and 62 of the Law on Labor Safety and Hygiene; Article 5 of Decree No. 115/2015/ND-CP; Articles 9, 10, 13, 14, 17, 18, 21, 22, 25 and Article 26 of Decree No. 37/2016/ND-CP except for the provisions in Clause 3 of this Article and Article 16 of this Decree. …
Accordingly, the procedures for foreign employees working in Vietnam to enjoy occupational accident insurance will follow the procedures for enjoying occupational accident insurance for employees as prescribed in Article 59 of the Law on Occupational Safety and Hygiene 2015 as follows:
– Step 1: Employees prepare documents according to the provisions of law and submit them to the employer
– Step 2: Employers submit documents to the social insurance agency within 30 days from the date of receiving complete documents for enjoying occupational accident and occupational disease insurance
– Step 3: Receive results
Within 10 days from the date of receiving complete documents, the social insurance agency is responsible for resolving the enjoyment of occupational accident and occupational disease insurance; in case of not resolving, a written response must be issued stating the reason.
What are the documents for enjoying occupational accident insurance for foreign employees working in Vietnam?
According to the provisions of Clause 1, Article 15 of Decree 143/2018/ND-CP, referring to Article 57 of the Law on Labor Safety and Hygiene 2015, the dossier for receiving occupational accident benefits includes: – In case of first-time occupational accident:
+ Minutes of assessment of the level of occupational capacity loss by the Medical Assessment Council or a copy of the certificate of HIV/AIDS infection due to an occupational accident in case of HIV/AIDS infection due to an occupational accident (equivalent to a 61% reduction in working capacity), if the rate of occupational capacity loss is higher than 61%, the application for occupational disease benefits in this case must include a Minutes of Medical Assessment.
+ In case of inpatient treatment: A copy of the hospital discharge certificate or an extract of the medical record after occupational accident treatment
+ Instructions from the medical examination and treatment facility, orthopedic and rehabilitation facility according to regulations on the provision of PTTGSH (if any).
+ A written request for settlement of occupational accident benefits according to form No. 05A-HSB.
+ In case of payment of medical assessment fees, there must be additional invoices and documents for assessment fee collection; a list of assessment contents of the facility performing the medical assessment.
What is the latest sample of the document requesting settlement of occupational accident benefits?
Sample of the document requesting settlement of occupational accident benefits according to form No. 05A-HSB issued with Decision 166/QD-BHXH in 2019
Below is the image of the sample document requesting settlement of occupational accident benefits
Instructions for filling out the document requesting settlement of occupational accident benefits
(1) If it is the ID card number, omit “ID card”, if it is the ID card number, omit “CMND”
(2) Fill in the full details: House number, lane (alley, alley), street, group (village, hamlet, hamlet), commune (ward, town), district (town, city), province, city.
(3) If the first occupational accident occurs, write the first time, the following times are written in order of the number of times the occupational accident occurs; For example: Mr. A had a work accident for the first time on August 30, 2016 and a work accident on March 5, 2017, then write: Second time; or Mr. B had a work accident or work disease for the first time on September 5, 2016 and a work accident on April 3, 2017, then write: Second time. If he had a work accident or work disease many times at the same unit and it has not been resolved, then write: 1st time having a work accident (or work disease) on date/month/year; 2nd time having a work accident (or work disease) on date/month/year; n time…
(4) Clearly write the number, symbol, date, month, year of the Work Accident Investigation Record; the name of the Investigation Team (central level, provincial level, grassroots level) in case of a work accident or the number, symbol, date, month, year of the consultation result, work disease examination certificate, name of the consultation organization or work disease examination organization in case of an occupational disease.
(5) Mark an X in the box to select the case of occupational accident. More than one box can be marked; For example: Mr. A had an occupational accident while performing work as required by the employer outside of working hours, at the workplace, then mark 2 corresponding boxes at the same time.
(6) This is understood as the case of an accident while performing other work as required by the employer or a person authorized in writing by the employer to directly manage the labor according to Point b, Clause 1, Article 45 of the Law on Occupational Safety and Health.
(7) Applicable in cases where a traffic accident is determined to be an occupational accident: Clearly state the number, symbol, date, month, year of the Traffic Accident Investigation Record or the Scene Investigation Record and the accident scene diagram; In case there is no record of the scene examination and the accident scene diagram or the Traffic Accident Investigation Record, write: Number, symbol, date, month, year of the accident confirmation document of the police agency of the commune, ward, or town where the accident occurred and the name of the confirming agency. (8) Mark an X in the square to choose the form of receiving money (note: do not choose to receive monthly allowance in cash at the Social Insurance agency); in case of choosing to receive through a personal account, write in full: Account number, name of the bank that opened the account, and branch of the bank that opened the account.
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