Current Vietnam law on Social Insurance regulates conditions entitled to labor accidents for workers that compulsorily participate in social insurance in cases:
– Accident at work and during working hours, including during breaks, mid-shift meal, preparation time and finish the job.
– Accident at work or outside working hours when working as requested by the employer.
– Accident on the way to and from home to work in a reasonable period of time (time needed to get to work or come back home after working hours) and on the reasonable way (a regular way to and from the place of permanent or temporary residences to work and vice versa).
The compensation depends on the degree of working ability reduction caused by the accident, specifically:
– Working ability reduced by from 5% to 30% : compensation will be paid once in accordance with the reduction in working ability i.e. 5% reduction will be compensated 5 months of minimum wages, then any further declining of 1% will be added 0.5 months of the minimum wages. In addition, it will be based on the number of years that social insurance has been paid: 1 year or less will equal to 0.5 months, then each additional year of paying social insurance will be an additional 0.3 months of wages of the preceding month before leaving for treatment.
– Working ability reduced from more than 31%: compensation will be paid monthly in accordance with the reduction in working ability i.e. 31% reduction will be compensated 30% of the minimum wages, then any further declining of 1% will be added 2% of the minimum wages. In addition, the number of years of paying social insurance is also included: From 1 year or less will equal to 0.5%, then each additional year of paying social insurance will be an additional 0.3% of the wages of the preceding month before leaving for treatment.
– In some cases, the workers would also enjoy subsidies for supporter, orthopedic equipments and support in daily activities.
The employer must make full and timely records in accordance with the law when labor accident occurs.
ANT Lawyers is a Vietnamese law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context. Call us at +84 28 730 86 529 or send us email: ant@antlawyers.vn
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