Công văn 2533/LĐTBXH-ATLĐ năm 2016 hướng dẫn tạm thời thực hiện chế độ tai nạn lao động, bệnh nghề nghiệp theo quy định tại Luật an toàn, vệ sinh lao động do Bộ Lao động - Thương binh và Xã hội ban hành

To: Vietnam Social Security

The Law on Occupational Safety and Hygiene No. 84/2015/QH13 (hereinafter referred to as the Law on Occupational Safety and Hygiene) was adopted at the 9th Session of the 13th National Assembly and has come into force as of July 1, 2016. The Ministry of Labor, Invalids and Social Affairs is currently developing, under its authority, detailed legal documents guiding the implementation of the Law on Occupational Safety and Hygiene with respect to the occupational accident and disease insurance regime. Pending the issuance of the Circular on guidelines for Decree No. 37/2016/ND-CP dated May 15, 2016 of the Government on elaboration of and guidelines for the Law on Occupational Safety and Hygiene concerning compulsory occupational accident and disease insurance, the Ministry of Labor, Invalids and Social Affairs hereby requests Vietnam Social Security to instruct Social Security Offices of provinces and centrally-affiliated cities to temporarily implement the following provisions:

1. For persons currently receiving occupational accident and disease insurance benefits and those who completed treatment and were discharged before July 1, 2016:

a) On eligibility conditions, benefit levels, applications, and settlement procedures for occupational accident and disease insurance benefits: These shall be implemented in accordance with the Law on Social Insurance 2014 and guiding documents on occupational accident and disease regimes issued prior to July 1, 2016.

b) On payment of medical assessment expenses for determining working capacity reduction due to occupational accidents or diseases: Social Security agencies shall cover medical assessment expenses in cases specified at Point b, Clause 1, Article 45 of the Law on Social Insurance 2014, provided that the conclusions of the Medical Assessment Council, issued between January 1, 2016 and before July 1, 2016, determine a working capacity reduction level sufficient for benefit eligibility.

2. For people who have suffered occupational accidents or occupational diseases and have been discharged from hospital on or after July 1, 2016:

a) On eligibility conditions and benefit levels: These shall be implemented under Articles 45, 46, 48, 49, 50, 51, 52, 53, and 54 of the Law on Occupational Safety and Hygiene. For convalescence and health rehabilitation after occupational accidents or diseases occurring from July 1, 2016 onwards, benefit levels shall be calculated as prescribed in Clause 3, Article 54 of the Law on Occupational Safety and Hygiene.

b) On applications and time limits for benefit settlement:

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c) On payment of medical assessment expenses for determining working capacity reduction due to occupational accidents or diseases: Social Security agencies shall pay medical assessment expenses for cases of assessment (including initial assessment, re-assessment, or comprehensive assessment) of injuries or illnesses due to occupational accidents or diseases if the conclusions of the Medical Assessment Council, issued from July 1, 2016 onwards, determine a level of working capacity reduction that meets benefit eligibility conditions as prescribed in Clause 1, Article 42 of the Law on Occupational Safety and Hygiene.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.

PP. MINISTER
DEPUTY MINISTER




Doan Mau Diep