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Types of benefits under labor accident and occupational disease regimes

11/10/2021
Labor accident and occupational disease insurance is a necessary type of insurance for employees. What forms of labor accident and occupational disease insurance are there?

1. Lump-sum allowance

Employees under the labor accident and occupational disease insurance regime are entitled to a lump-sum allowance in the following cases:

  • Employees suffering a working capacity decrease of between 5% and 30% are entitled to a lump-sum allowance.

  • The lump-sum allowance levels are specified as follows:

    • Employees suffering a 5% working capacity decrease are entitled to an allowance equaling 5 times the basic salary, which shall be added with half of the basic salary for each additional 1% working capacity decrease.

    • In addition to the allowance level specified at Point a of this Clause, employees are entitled to an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

2. Monthly allowance

Employees are entitled to monthly allowance in the following cases:

  • Employees suffering a working capacity decrease of 31% or more are entitled to a monthly allowance.

  • The monthly allowance levels are specified as follows:

    • For employees suffering a 31% working capacity decrease, the monthly allowance must equal 30% of the basic salary, which shall be added with 2% of the basic salary for each additional 1% working capacity decrease.

    • In addition to the allowance level specified at Point a of this Clause, employees are entitled to receive every month an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.

3. Time for allowance enjoyment

The Law on Social Insurance 2014 stipulates the time of receiving insurance benefits as follows:

  • The time for employees to enjoy the allowance shall be counted from the month they are completely treated and discharged from hospital.

  • When their injuries or diseases recur and employees have their working capacity decrease re-assessed, the time for them to enjoy the allowance shall be counted from the month when the Medical Assessment Council makes a conclusion.

4. Legal basis

Law on Social Insurance 2014.

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Siglaw legal company limited
Head Office:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
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Branch in Ho Chi Minh:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: 84 967 818 020
Email: hcm@siglaw.vn
 
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