• DETAIL
Name Settlement of labor accident and occupational disease allowance in case of first-time labor accident
Type Social Insurance
Fields Implementation of social insurance policies
Implementing Agency Provincial-level social insurance agencies
Public date
Step by step

1. Step 1: The employee shall submit a dossier to the employer as prescribed in the sections of dossier components and number of dossier sets.

2. Step 2: The employer shall gather the dossiers from employees and complete such to submit to social insurance agencies of provinces or rural districts where the employer pays social insurance premium within 30 days after receiving full dossiers.

3. Step 3:

- Social insurance agencies of rural districts shall receive full dossiers from the employer and, in case dossier components are uncertified copies, compare them with the originals and return the originals to the employer for returning to the employee, and transfer to provincial-level social insurance agencies; and receive dossiers handled by provincial-level social insurance agencies to return to the employer as prescribed by law;

- Social insurance agencies of provinces shall receive dossiers from social insurance agencies of rural districts or employers (in case dossier components are uncertified copies, to compare them with the originals and return the originals to the employer for returning to the employee); handle and return handled dossiers to social insurance agencies of rural districts or employers as prescribed by law.

Process

To submit dossier and receive administrative formality results via postal services.

Profile component

1. The social insurance book (the original);

2. The written request for settlement of the labor accident or occupational disease regime made by the employer (Form No. 05-HSB, the original);

3. The written record of assessment of the working capacity decrease, made by the Medical Assessment Council (the original). In case of HIV/AIDS infection due to occupational risks, to replace with the certificate of HIV/AIDS infection due to occupational risks;

4. To additionally provide the following papers in each specific following case:

a/ In case the employee is provided money to purchase daily-life aid equipment and orthopedic devices, he/she shall additionally possess the following papers: Appointment of orthopedic and functional rehabilitation establishments under the sector of labor, war invalids and social affairs or appointment of hospitals of provincial-level or higher levels in accordance with the conditions of the employee’s injury or disease due to labor accident, and outward and homeward train and bus tickets (the originals) in case of payment of train and bus tickets. For appointment of transplant of artificial eyes, the artificial eye transplant voucher is required.

b/ In case the employee is suffered from a labor accident, he/she shall additionally possess the following papers:

- The hospital discharge paper or the extract of the medical record after labor accident treatment, in case of inpatient treatment.

c/ In case the employee is suffered from an occupational disease, he/she shall additionally possess the following papers:

- The hospital discharge paper or the extract of the medical record after occupational disease treatment; in case of outpatient treatment from medical examination and treatment establishments, an occupational disease examination paper is required.

Note: If the above-mentioned dossier components do not require the originals, the employee may submit either the original, the copy enclosed with the original for comparison, the certified copy or the copy granted from original book.

Number of records 01
Term of settlement

10 days at most since receiving full dossiers as prescribed.

Unit The employer
Fee No
Form

Form No. 05-HSB: The written request for settlement of the labor accident (or occupational disease) regime.


Requirements

1. In case of labor accident:

Employees participating in labor accident and occupational disease insurance are entitled to the labor accident regime if they fully meet the following conditions:

- Having an accident in one of the following cases:

+ At the workplace and during working hours, even when they are doing personal activities at the workplace or during working hours allowed by the Labor Code and regulations of their production or business establishment, including breaks between working hours, mid-shift meals, in-kind meals, menstruation breaks, shower time, breastfeeding time, and toilet use;

+ Outside the workplace or out of working hours while performing a task requested by the employer or a manager authorized by the employer in writing;

+ On the way going to or coming back from the workplace along a reasonable route and within a reasonable time;

- Having their working capacity decreased by at least 5%;

- Employees are not entitled to the labor accident and occupational disease regime for one of the following reasons:

+ The accident is caused due to personal conflicts between the victim and the perpetrator and has no relation to the performance of work or tasks;

+ The accident is deliberately caused by the employee himself/herself;

+ The accident is caused due to the illegal use of narcotics or other addictive drugs.

2. In case of occupational disease:

Employees participating in labor accident and occupational disease insurance are entitled to the occupational disease regime if they fully meet the following conditions:

- Getting an occupational disease on the list of occupational diseases prescribed in Circular No. 15/2016/TT-BYT;

- Having their working capacity decreased by at least 5%.

Legal

- Law No. 58/2014/QH13 of November 20, 2014, on Social Insurance;

- Law No. 84/2015/QH13 of June 25, 2015, on Occupational Safety and Health;

- Decree No. 115/2015/ND-CP of November 11, 2015;

- Decree No. 33/2016/ND-CP of May 10, 2016;

- Circular No. 59/2015/TT-BLDTBXH of December 29, 2015;

- Circular No. 14/2016/TT-BYT of May 12, 2016;

- Circular No. 15/2016/TT-BYT of May 15, 2016;

- The Vietnam Social Security’s Decision No. 636/QD-BHXH of April 22, 2016;

- The Vietnam Social Security’s Decision No. 828/QD-BHXH of May 27, 2016.

More information