During implementing the Government’s Decree 143/2018/ND-CP dated on Oct 15^th 2018 detailedly regulating Law on Social Insurance and Law on Occupational Safety and Hygiene on compulsory social insurance for foreign labor working in Vietnam, VSS’ obstacle is arised.

Illustrative image (internet)

The Article 3 Decree No. 143/2018/ND-CP dated on Oct 15^th 2018 of Government regulates detailedly Law on Social Insurance and Law on Occupational Safety and Hygiene on compulsory social insurance for foreign labor working in Vietnam: “Under the Decree, the employee and employer have full right and responsibility of Law on Social Insurance, Law on Occupational Safety and Hygiene”.

Clause 5  Article 18 of the Law on Social Insurance regulates “Employer actively takes medical assessment on decreased work ability level in case he adjusts the Law’s regulation at point b clause 1 Article 45 and reserves social insurance premiums payment duration; receive medical assessment premiums if satisfying the condition and clause 4 article 84 regulates: “Premiums on medical review on decreased work ability is paid in case employee is not introduced by employer to have medical review on decreased work ability and the medical review result satisfies social insurance enjoyment’s condition”.

Law on Occupational Safety and Hygiene’s Clause 1 Article 42 regulates to use work injury and occupational  accident insurance fund: “Pay examination assessment premiums on injury or diseases under occupational accident and disease to employer satisfying the condition regulated at Article 45 and 46 of Law on Occupational Safety and Hygiene; pay medical review premiums in case the employer actively take medical review examination on work ability reduction regulated at Law on Occupational Safety and Hygiene’s point b clause 1 article 47 and medical review result satisfies the condition on increasing occupational accident and disease insurance benefits premiums.

Therefore, under the above regulations, VSS is proposed to pay medical review premiums on loss of work ability for foreigners working in Vietnam and ensure the labor’s right under regulation.

Answering VSS’ Official Dispatch 1777/BHXH-CSXH dated on Jun 13^th 2023, MOLISA provides guidance on medical review premiums payment for foreigners working in Vietnam as follows:

The Government’s Decree No. 143/2018/NĐ-CP’s Article 3 dated on Oct 15^th 2018 regulating detailedly Law on Social Insurance and Law on Occupational Safety and Hygiene on compulsory social insurance for foreign laborer working in Vietnam: “It is regulated that the employee and employer have right and responsibility on under Law on Social Insurance and Law on Occupational Safety and Hygiene”.

Under Article 18’s clause 5, Law on social insurance regulates employee’s right: “The employee has right to take medical examination on working capacity reduction under regulation at Law’s point b clause 1 article 45 and reserve social insurance participation duration; receive reserve medical review premiums payment if satisfying the condition on social insurance enjoyment” and article 84’s Clause 4 regulates “Pay medical review on working capacity reduction for the object who is not introduced  to take medical examination on working capacity reduction by the employer but the employee actively takes the medical review and the result satisfies with social insurance benefits enjoyment regulation.”

Under Law on  Occupational Safety and Hygiene’s Clause 1, Article 42 on using Occupational Safety and Hygiene fund with the cases under regulation at Article 45 and Article 46; pay medical review in case employee actively take medical review on working capacity reduction under regulation at point b’s clause 1 and clause 3 of article 47 and the result satisfies with condition on increasing occupational accident and proffesional disease premiums payment.