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Question 96: What are the conditions and procedures for enjoying insurance of labour accidents and occupational diseases?

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Upon encountering labour accidents, Employees will be entitled to the regime of occupational accidents and diseases in accordance with the law when they satisfies all conditions and performs all procedures as follows:Conditions for enjoying the regime of labour accidents and occupational diseases

Conditions for enjoying the regime of labour accidents and occupational diseases

In accordance with the labour law, monthly or one-off allowances for labour accidents or occupational diseases received by Employees will be calculated based on the total salary rates serving as a basis for payment to the insurance fund for labour accidents and occupational diseases with respect to all LCs at the time of any labour accident or occupational disease, but not exceeding the maximum level prescribed by the SI Law[1].

Specifically, Employees who are insured for occupational accidents and occupational diseases will be entitled to the labour accident regime if they meet the following conditions[2]:

  1. Their accident falls into one of the following cases:
  • Occurring at the workplace and during working hours, even when performing necessary living needs at the workplace or during working hours permitted by the Labor Code and internal labour regulations of the production or business establishment, including breaks, mid-shift meals, meals as in-kind improvements, menstrual hygiene, bathing, breastfeeding, toileting; or
  • Occurring outside the workplace or outside working hours when performing the job required by Employers or the person authorised by them in writing to directly manage Employees; or
  • On the itinerary from the residence to the workplace or vice versa in a reasonable interval and on an appropriate itinerary.
  • Having a work capacity impairment of 5% or higher due to the said accident;

2. However, it should be noted that Employees will not be entitled to the regime paid by the insurance fund for labour accidents and occupational diseases if any accident occurs due to one of the following causes:

  • Due to conflicts between the victim and the person causing the accident without relevance to the job or task assigned;
  • The Employee deliberately harms himself; and
  • Due to the use of drugs or other addictive substances prohibited by law.

Procedures for enjoying the labour accident regime

  • The entitlement to labour accident insurance regime will be settled as follows[3]:
  • Employers submit the application file to the SI agency within 30 days of receiving all dossier for entitlement to the labour accident insurance regime; and
  • Within 10 days of receipt of the complete dossier, the SI agency shall settle the entitlement to the labour accident insurance regime; in case of its non-settlement, it must reply in writing and clearly state the reasons.
  • A dossier for enjoying the labour accident insurance regime includes[4]:
  • SI book;
  • Hospital discharge certificate or copies of medical records after treatment of labour accidents for Employees as inpatients;
  • Inspection minutes of the Medical Council assessing work capacity impairment; and
  • Request letter for settlement of the labour accident regime.

Depending on each specific case, the insurance agency may require some additional documents to the dossier before settling the labour accident insurance regime.


[1]Article 5.1 Decree 37/2016/NĐ-CP dated 15/05/2016

[2]Article 45 Law on Labour Safety and Hygiene

[3]Article 59 Law on Labour Safety and Hygiene

[4]Article 58 Law on Labour Safety and Hygiene



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