Brief History of Law on Labor Accidents and Occupational Diseases in Vietnam

a. For workers

The occupational accident and occupational disease regime regulates all issues related to occupational accidents and occupational diseases such as subjects of application, conditions of benefits, compensation levels, subsidies, especially the responsibilities of employers and social insurance agencies towards employees suffering from occupational accidents and occupational diseases. Thereby, helping employees know what benefits they will receive if an occupational accident or occupational disease occurs, how much the benefits are and who is the subject of compensation or subsidies for them; knowing whether the employer is complying with the provisions of the law or not, if not, promptly carry out legal procedures to protect their legitimate rights and interests; the occupational accident and occupational disease regime helps employees suffering from occupational accidents and occupational diseases have a financial amount to overcome the consequences caused by the accident, strengthening their spirit and trust in the State.

b. For employers and social insurance agencies

Specifying the occupational accident and disease regime will help them determine exactly how much responsibility they have when a worker has an occupational accident or disease.

For example, in the case where the employer participates in compulsory social insurance for employees, when a work accident or occupational disease occurs, the employer only has to pay medical expenses for first aid and emergency care until the employee is completely treated, while the compensation costs will be paid by the social insurance agency where they participate in the insurance.

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c. For competent authorities to resolve disputes regarding work accidents and occupational diseases

Specific and clear regulations on occupational accident and occupational disease regimes will be an important legal basis for them to use as a basis to resolve arising disputes accurately and reasonably; ensuring the rights and obligations of the parties involved, thereby contributing to maintaining social stability.

1.4. Brief history of the law on occupational accidents and diseases in Vietnam

a. Period from 1945-1960

During this period, the government issued a number of decrees such as: Decree 29/SL dated March 12, 1947 regulating employment relations between Vietnamese and foreign employers and Vietnamese citizens; Decree No. 76/SL dated May 20, 1950 of the Government on civil servant regulations; Decree No. 77/SL dated May 22, 1950 of the Government on worker regulations... regulating insurance regimes for workers, including occupational accident and occupational disease regimes. However, the beneficiaries of this regime only include cadres and civil servants.

During the period 1945-1960, the State had not yet regulated the payment of occupational accident and occupational disease insurance. Therefore, employers had to bear all costs related to employees suffering from occupational accidents and occupational diseases such as medical expenses, compensation costs, etc.

In general, during this period, the occupational accident and disease insurance regime has not been comprehensively regulated, and the social insurance fund has not been formed.

b. Period from 1960 to 1986

During this period, the law has more specific regulations on occupational accident and disease insurance.

On December 27, 1961, our State issued Decree No. 218/CP regulating the payment of social insurance for employees. Before Decree No. 218/CP dated December 27, 1961 promulgating the Temporary Regulation on social insurance regimes for workers and state employees, the payment of social insurance for employees had not been implemented in our country. Therefore, the employers had to bear all costs related to the victims of occupational accidents, such as: medical expenses, compensation, and allowances. During this period, the State was the employer of the employees.

the entire social force, so the State must take full responsibility when workers suffer from occupational accidents and diseases.

The law has provided quite broad provisions on cases considered as occupational accidents. Not only workers who suffer occupational accidents while performing their assigned labor duties but also those who participate in rescuing State property and suffer accidents are considered occupational accidents. According to Decree No. 218/CP, workers who suffer occupational accidents or occupational diseases are entitled to a subsidy of 01 to 04 months of basic salary for one-time subsidy, and from 7% to 70% of basic salary for monthly subsidy, depending on the rate of injury or illness.

In the centralized economic planning mechanism, in essence, the responsibility for compensation for workers suffering from occupational accidents and occupational diseases is transferred to the State. The State carries out its responsibility towards workers suffering from occupational accidents and occupational diseases as an employer and as a social insurance implementer and at the same time as a social management entity. The subjects participating in occupational accident and occupational disease insurance during this period are only within the scope of civil servants and armed forces. The social insurance fund during this period still depends on the state budget, and the fund management is not closely unified.

On September 18, 1985, the Government issued Decree No. 236/HDBT on amending and supplementing social insurance policies and regimes for employees, which stipulates that all employees have the right to enjoy occupational accident and disease insurance.

At this stage, the occupational accident and disease insurance regime has been regulated. However, the scope and beneficiaries of social insurance are still limited, and the conditions for receiving accident insurance are quite broad.

c. Period from 1986 to present Period from 1986 – 1994:

Since 1986, our country has shifted from a centralized, bureaucratic, subsidized economy to a socialist-oriented market economy. The Social Insurance has expanded its scope and established an independent Social Insurance fund with the state budget, which is based on contributions from employees, employers and state support. If in the previous period, our State had to take responsibility for paying occupational accident and occupational disease insurance for employees, in this period, the market economy with the existence and development of many economic sectors is an important basis for separating social relations. At this time, the status of employers and social insurance implementers has been clearly defined. Responsibility for employees suffering from occupational accidents and occupational diseases is shared among employers, Social Insurance, the State and the social community. Thus, employers are not directly responsible for all related costs for employees and their families as in previous periods, but part of the responsibility has been transferred to the Social Insurance Agency. This is a new regulation that demonstrates the concern of our Party and State for employees, while also reducing the burden on employers.

Occupational accidents were first specifically identified in the Joint Circular of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance No. 21/TTLT-BLDTBXH-BTC dated June 18, 1994, according to which there are 04 cases considered occupational accidents, including: occupational accidents during working hours, at the workplace, including overtime work at the request of the employer; accidents while on assigned official duties; accidents on the way to and from home to work; accidents in cases of rescuing people, rescuing State and people's property.

Since 1994:

1994 was a milestone year in the development of the occupational accident and disease regime with the birth of the Labor Code. After that, the implementation of

In accordance with the provisions of the 1994 Labor Code on Social Insurance, the Government issued the Social Insurance Regulations attached to Decree No. 12/CP dated January 26, 1995, accordingly, the scope of cases considered as occupational accidents and occupational diseases has a new recognition. Cases of people having occupational accidents outside the workplace while performing work at the request of the employer are also considered occupational accidents. Cases of employers having accidents while rescuing people or state or people's property are not considered occupational accidents but are entitled to preferential policies of the State. This regulation has partly overcome the limitations of previous stages.

The allowance regime that workers with occupational accidents and occupational diseases receive also has changes in accordance with the development of society. When a worker's working capacity is reduced by 5% to 30%, he/she will receive a one-time allowance of 4, 8 or 12 months of the common minimum wage depending on the working capacity reduction framework. When a worker's working capacity is reduced by 31% or more, he/she will receive a monthly allowance of 0.4 to 1.6 months of the common minimum wage depending on the working capacity reduction framework. When a worker relapses according to Article 21 of Decree No. 12/CP dated January 26, 1995, the social insurance agency will refer him/her to re-assess the level of working capacity reduction as a basis for re-determining the allowance level. In addition, the State also regulates the regime of recuperation and health recovery for workers after a period of treatment for occupational accidents and occupational diseases; Retirement insurance for people who have occupational accidents or diseases and are eligible for retirement benefits; health insurance for workers who have retired; benefits for families of workers who die from occupational accidents or diseases.

In general, the law in this period has made significant progress, with fundamental changes in the issue of occupational accidents and diseases. There are new perspectives and new viewpoints that are more suitable for the development of society.

Currently, according to the 2006 Law on Social Insurance and its implementing documents, the occupational accident and occupational disease insurance regime has undergone quite comprehensive changes. However, with the rapid development of the socio-economy and the increasing needs of people, research to continue to perfect this insurance regime is still being raised in our country.

1.5. Regulations of the International Labor Organization and some countries in the world and lessons learned for Vietnam

The regulations of the International Labor Organization and of countries around the world currently mainly regulate the occupational accident regime. The occupational accident regime is quite fully regulated in terms of applicable subjects, sources of occupational accident and disease insurance funds, and subsidy regimes for beneficiaries. Regulations on occupational diseases are still relatively limited and receive little attention. Thailand and Japan are two of the countries with a fairly complete system of occupational accident regulations. Moreover, these are two countries in the Asian region, with some geographical and population conditions relatively similar to Vietnam, so some useful lessons can be drawn for Vietnam through analyzing the occupational accident and disease regimes of these two countries.

1.5.1. Regulations of the International Labor Organization on occupational accidents and diseases

The occupational accident and disease regime plays an important role in protecting workers from occupational risks. Not only is it implemented by many countries, but the ILO has also issued many recommendations and conventions to ensure safety at work and ensure benefits for workers after occupational accidents and diseases.

On June 4, 1952, at the 35th session, the ILO adopted the Social Security Convention (minimum standards). The benefits for occupational accidents and diseases according to the provisions of the Social Security Convention 102 are stipulated as follows:

* Cases requiring protection if caused by occupational accidents or diseases:

- Illness;

- Loss of ability to work due to illness and resulting in interruption of income;

- Complete loss of earning capacity or partial loss of earning capacity exceeding the prescribed level (if this condition is likely to become permanent or there is a corresponding decline in physical fitness).

- A widow or children who lose their means of livelihood due to the death of the breadwinner (a widow is only protected when he is unable to provide for his own needs).

* Subsidy mode:

- In case of illness: must be guaranteed medical care such as treatment, nursing, medicine...

- In case of loss of working capacity or complete loss of income (if this situation can become permanent or there is a corresponding reduction in physical strength or loss of the family breadwinner), the benefit is paid periodically at least equal to 50% of the beneficiary's previous income (the beneficiary has 1 wife and 2 children).

- In case of partial loss of earning capacity (if this is likely to become permanent or there is a corresponding reduction in physical capacity), the benefit shall be a periodic payment fixed at a proportion appropriate to the rate prescribed for the above case.

Periodic payments may be converted into a lump sum where the degree of incapacity is negligible or where the competent authorities are satisfied that the funds will be properly utilised.

- People with occupational accidents and diseases are retrained in a profession to help them re-adapt to a suitable job.

Convention 102 is only the minimum standards on social security. Countries joining the convention must ensure that their social insurance regulations meet at least the requirements as stipulated in the convention. In general, the regulations of the International Labor Organization on occupational accident and disease regimes mainly focus on Convention 102 on social security.

In addition, Vietnam has also ratified the International Convention 155 - Convention on occupational safety, health and the working environment (1981). This Convention is extremely important for the occupational accident and disease regime, because occupational safety is an issue that directly affects the situation of occupational accidents and diseases. Joining the Convention 155 on occupational safety, health and the working environment helps prevent occupational accidents and diseases more effectively and practically.

In addition, the ILO has also issued Convention 187 on strengthening occupational safety and health. Vietnam is currently in the process of studying to join this Convention.

1.5.2. Regulations of some countries on work accidents and occupational diseases

a. Work accident insurance regime in Thailand

Currently in Thailand, the Thai Social Security Agency is responsible for implementing social insurance regimes for workers, including occupational accident and occupational disease regimes.

- Applicable objects:

This regime applies to all workers working in the industrial and commercial sectors, excluding those working in the agricultural, forestry and fishing sectors.

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