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Cases Not Entitled To The Occupational Accident Regime In Vietnam In 2022 – Health & Safety

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When the employees work for the business during the time that
both parties have agreed, normally from 8:30 a.m. to 5:30 p.m., if
they, unfortunately, got accidents, they will be entitled to the
occupational accident regime in Vietnam. However, there are some
cases that the employees are not entitled to the occupational
accident regime in Vietnam in 2022. In this article, ASL LAW will
detail those cases so that the employees can learn the knowledge
about their rightful rights while working for a business.

Pursuant to Articles 40 of the Law on Occupational Safety and
Health 2015, despite an actual accident while working for the
business, an employee in one of the following cases will not be
entitled to occupational accident allowance in Vietnam:

  1. Due to the victim’s own conflict with the person causing
    the accident, which is not related to the performance of work or
    labor duties;

  2. The employee intentionally destroys his/her own health;

  3. Due to the use of drugs or other addictive substances contrary
    to the provisions of Vietnam law.

Narcotic substances and addictive substances in Clause c Article
40 of the Law on Occupational Safety and Health 2015 are substances
on the List of narcotic substances and precursors promulgated
together with Decree No. 73/2018/ND-CP, as amended and supplemented
by Decree 60/2020/ND-CP.

In addition, according to Article 45 of the Law on Occupational
Safety and Health 2015, it can be understood that if the employee
receives an accident in the prescribed cases with a decrease in
working capacity of less than 5%, they are not entitled to the
occupational accident regime.

According to Clause 1, Article 45 of the 2015 Law on
Occupational Safety and Health, accidents that are considered for
occupational accident benefits include:

  • Accidents happen at work and during working hours.

  • Accidents occur outside the workplace or outside working hours
    when the employee performs the work at the request of the
    employer.

  • The accident occurred on the route from the place of residence
    to the place of work or vice versa within a reasonable time and
    route.

Therefore, it should be understood that if the accident
doesn’t fall within the above 3 cases, the employees will also
not receive the occupational accident regime.

Support for the employees with a decrease in working capacity
of less than 5%

Clause 2 Article 45 of the Law on Occupational Safety and Health
2015 stipulates that for the cases entitled to receive support if
the decrease in working capacity is less than 5%, the employees
will not be entitled to the occupational accident regime.

However, this doesn’t mean that there will be absolutely no
support for the employee working for the company and suffering
minor injuries.

Article 38 of the Law on Occupational Safety and Hygiene 2015
has stipulated that for this case, the employee still enjoys some
of the following benefits:

  • Receive first aid and medical care by the employer in a timely
    manner.

  • To be paid by the employer for all medical expenses outside the
    coverage of the health insurance from the time of first aid and
    emergency to the stable treatment of the employee.

  • Paying full salary during the period of leave for treatment,
    and occupational rehabilitation due to occupational accidents.

If the rights of the employees are not resolved, the employee
can first complaint the matter to the Board of Directors of the
company, and then if needed, a second complaint will be made to the
Chief Inspector of the Department of Labor, War Invalids and Social
Affairs where the business’s head office is located.

Originally published September 7, 2022

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Employment and HR from Vietnam

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