Occupational accident insurance under current Vietnamese labor law

ACADEMY

VIETNAMESE SOCIAL SCIENCES

Academy of Social Sciences

PHAM THI THUY DUNG

WORK ACCIDENT INSURANCE ACCORDING TO CURRENT VIETNAMESE LABOR LAW

Major: Economic Law Code: 60.38.01.07

MASTER'S THESIS IN LAW

SCIENTIFIC INSTRUCTOR: ASSOCIATE PROFESSOR, DR. TRAN THI THUY LAM

HANOI, 2017

COMMITMENT

I hereby declare that this is my own research work. The data recorded in the thesis are true. The scientific conclusions of the thesis have never been published in any other work.

THESIS AUTHOR

PHAM THI THUY DUNG

INDEX

INTRODUCTION 1

Chapter 1: SOME THEORETICAL ISSUES ON WORK ACCIDENT INSURANCE 6

1.1. Concept 6

1.2. Meaning and implementation principles of occupational accident insurance 9

1.3. Adjusting the law on occupational accident insurance 12

Chapter 2: CURRENT STATUS OF VIETNAMESE LAW ON WORK ACCIDENT INSURANCE AND IMPLEMENTATION PRACTICE 23

2.1. Current status of laws on occupational accident insurance 23

2.2. Practical implementation of the law on occupational accident insurance 49

Chapter 3: SOME RECOMMENDATIONS TO IMPROVE THE EFFECTIVENESS OF IMPLEMENTING THE LAW ON LABOR ACCIDENT INSURANCE 57

3.1. Requirements for completing the Labor Insurance Law 57

3.2. Some recommendations to improve the Law on Social Insurance 60

3.3. Some measures to improve the effectiveness of implementing the Labor Insurance Law 65

CONCLUSION 70

LIST OF REFERENCES 71

LIST OF ABBREVIATIONS

STT

Acronym	Full meaning
1	Occupational safety and health	Occupational safety and health
2	Social Insurance	Work accident insurance
3	Social insurance	Social insurance
4	BNN	Occupational disease
5	ILO	International Labor Organization
6	employee	Workers
7	Employee	Employers
8	TNLĐ	Industrial accident

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INTRODUCTION

1. Urgency of the topic

Social insurance is one of the basic social security policies in the social policy system of each country, aiming to contribute to ensuring the lives of employees and their families in cases of illness, maternity, work accidents, occupational diseases, unemployment, old age, and death. It can be said that social insurance is the most important component of the social security system, playing an important role in making society fair, stable and developing sustainably. At the same time, social insurance policy is a policy aimed at human development, meeting the goals in the period of accelerating industrialization, modernization and increasingly deep international integration in our country.

The occupational accident insurance regime is one of the social insurance regimes that was born early in the history of social insurance development, playing an important role in ensuring the lives of employees after an unexpected accident occurs due to work.

In the context of our country's economy is developing rapidly, with the development of many industries, the number of occupational accidents has also increased rapidly over the years. Occupational accidents are unfortunate things that no one wants, but are difficult to avoid in production and business activities, causing damage to resources and damage to production. According to statistics in 2015, there were 7,620 occupational accidents nationwide, causing 7,785 victims. [6] In 2016, there were 7,981 occupational accidents nationwide, causing 8,251 victims, resulting in deaths: 862 people in 799 occupational accidents with deaths [7]. Thus, occupational accidents are increasing continuously in terms of the number of cases, deaths and injuries.

Therefore, occupational accidents have caused great losses in terms of human life and property for individuals, families and the whole society. For employees and their relatives, there are losses in health, income loss and mental pain. For employers, there are losses in property, production disruption, compensation costs for employees, reputation... Therefore, the implementation of occupational accident insurance plays an important role in helping employees and employers overcome difficulties when occupational accidents occur.

In the system of labor law documents, the State has issued

Many legal documents stipulate the responsibility of employers to compensate (Labor Law) and the responsibility of social insurance organizations to pay benefits (Social Insurance Law); the responsibility to minimize occupational accident risks and remedial measures (Occupational Safety and Health Law). In recent years, social insurance policies and regimes for occupational accident victims have been supplemented and amended many times, especially after the Social Insurance Law 2014 and the new Occupational Safety and Health Law 2015 were promulgated, amended and supplemented.

However, there are still many limitations: a large number of laborers have not participated in occupational accident insurance; the rate of receiving benefits is not really reasonable; the settlement of regimes is still complicated, causing many difficulties for laborers and employers; there are doubts about whether or not there will be additional insurance costs; many legal regulations are still contradictory.

Therefore, the research topic "Labor accident insurance according to current Vietnamese labor law" is to propose recommendations and solutions to overcome the shortcomings and weaknesses of current policies and regimes.

2. Research status of the topic

Occupational accident insurance is an important insurance regime, especially in a market economy, because the risk of accidents occurring during the work process is inevitable. Therefore, occupational accident insurance is of interest and researched by many scientific works at different levels and by many different authors;

Research on occupational accident insurance can be mentioned in the textbooks of universities such as social security textbook of Hanoi Law University (Social Insurance chapter), social security textbook (Social Insurance chapter) of Hue University...

The research theses on the topic include "The problem of occupational accidents and diseases" by Dinh Thi Viet Huong, 1997; "Occupational accident and disease regime" by Vu Hong Thiem, 2000; "Occupational accident and disease insurance regime according to Vietnamese law - Current situation and directions for improvement" by Tran Thi Thu Trang, 2006; "Occupational accident and disease insurance regime - Current situation and solutions" by Vu Thi La, 2006 .

2010 “ Improving the social insurance regime for occupational accidents and diseases in Vietnam ” by Hoang Bich Hong, 2011; “ The social insurance regime for occupational accidents and diseases in Vietnam - current situation and solutions for improvement ” by Vu Tuan Dat, 2014;

Although the above research works have researched on occupational accident insurance, some of them are no longer up-to-date, most of them are research on occupational accident insurance according to old regulations. Very few research works on occupational accident insurance according to the Law on Occupational Safety and Hygiene, or if there is research, it is only at a certain level. Therefore, with the approach to occupational accident insurance from the perspective of the Social Insurance Law and the Law on Occupational Safety and Hygiene, the author's thesis is a new scientific work researching this issue.

3. Research purpose and tasks

Research purpose: The purpose of the thesis is to study theoretical issues on occupational accident insurance and current legal regulations on occupational accident insurance in Vietnam, thereby providing a basis for proposing solutions to improve the law on occupational accident insurance.

Research tasks: With the above purpose, the research will have the task of solving the following problems:

Firstly, study general theoretical issues on occupational accidents and occupational accident insurance regimes such as concepts, meanings, and legal regulations on occupational accident insurance.

Second, study the current status of occupational accident insurance, analyze and evaluate legal regulations on subjects, conditions for insurance benefits, insurance regimes and levels, insurance funds, etc. From there, draw out achievements as well as limitations to serve as a basis for perfecting the law.

Third, from the current legal status that has been analyzed and evaluated, a number of requirements and solutions to improve the law on occupational accident insurance are proposed.

4. Research object and scope

- Research subjects:

Research some theoretical issues on occupational accident insurance law, at the same time, research some legal documents on occupational accident insurance, such as the 2012 Labor Code, the 2014 Social Insurance Law, especially the Law on Occupational Safety and Hygiene...

- Scope of research

Occupational accident insurance is a broad field that can be studied and approached from many different perspectives with different scopes and contents. However, in this thesis, the author only studies occupational accident insurance from the perspective of labor law, that is, only studies occupational accident insurance from the perspective of social insurance regime and in the following aspects: conditions for receiving insurance, regimes and levels of insurance, procedures for receiving insurance and occupational accident insurance fund, handling and resolving disputes and violations in the field of occupational accident insurance according to the provisions of the legal documents of Social Insurance 2014, Law on Occupational Safety and Health 2015.

5. Methodology and research methods

The thesis takes the Marxist-Leninist materialism method and Ho Chi Minh's thought, as well as the viewpoints, policies and guidelines of the Party and State on human development and social insurance as the main methodology in the process of researching the topic.

In addition, the thesis also uses a number of other indispensable methods in legal science research such as the method of synthesis analysis, the method of comparison, the method of listing... These methods are used intertwined to be able to comprehensively consider theoretical and practical issues of occupational accident insurance law.

6. Theoretical and practical significance of the thesis

The thesis has contributed to clarifying theoretical issues on occupational accidents, occupational accident insurance as well as the law on occupational accident insurance.

The thesis has assessed and analyzed relatively comprehensively the current status of the law on occupational accident insurance. The thesis has proposed solutions to improve the law on occupational accident insurance.

The research results of the thesis can be used as reference material for law training and research institutions.

Occupational accident insurance under current Vietnamese labor law - 1

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