Occupational accident insurance under current Vietnamese labor law

It is reasonable for workers working under seasonal labor contracts or for a specific job with a term of 1 month to less than 3 months, signed in writing, to be subject to the occupational accident insurance regime. However, currently, these subjects have working hours that are easily interrupted, seasonal in nature, and the procedures for transferring insurance books are not yet convenient. Sometimes, after completing the insurance payment procedures, the employee has completed the transfer to a new workplace. Therefore, to ensure feasibility in implementation, the time of application for this group of subjects needs to be studied appropriately, possibly starting from January 1, 2018 or possibly later so that the Social Insurance organization has time to propagate and disseminate to workers; perfect and modernize information technology in the management and implementation of Social Insurance.

At the same time, considering expanding the beneficiaries of occupational accident insurance, it is also necessary to study the expression of time units as "month" and "day" instead of "year" to meet the diversity and flexibility of types of labor with short working hours and seasonal nature.

In addition to the need to expand the scope of coverage for occupational accident and occupational disease insurance, the law also needs to have more specific regulations on the basis for determining cases considered occupational accidents. When an employee has an occupational accident on the way to and from work within a reasonable time and on a reasonable route, it must be linked to the work process, such as an accident while traveling on a vehicle provided by the employer or when traveling on a road that has been paid for work expenses... as well as considering factors that determine the employee's fault when the accident occurs, whether it is subjective or objective. There are many cases where employers refuse to pay occupational accident insurance because there are shortcomings in the way of determining conditions for occupational accident insurance.

- About insurance policies and benefits

Firstly, in the analysis in chapter 2, the author has separated the regulations on the regime and benefits of occupational accidents and diseases to study in depth the occupational accident insurance regime. However, in the regulatory documents, many regulations currently unify occupational accident and disease insurance into the same

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The insurance regime has the same level of benefits. However, in reality, occupational diseases cause serious consequences, affect long-term health, have a higher risk of recurrence and longer treatment costs than the consequences of work accidents. Therefore, the author recommends that there should be a consideration of a higher level of occupational disease insurance benefits than the occupational accident insurance regime.

Second, regarding the regulation of the number of days of recuperation for each case according to the rate of reduced working capacity (maximum 10 days for cases of reduced working capacity of 51% or more; 07 days for cases of reduced working capacity from 31% to 50%; 05 days for cases of reduced working capacity from 15% to 30%) and the regulation that employees are entitled to recuperation within the first 30 days of returning to work, there are also problems, because in order to have a conclusion on the level of reduced working capacity, there is a basis for resolving recuperation, most of them have exceeded 30 days after treatment to return to work, so the regime is difficult to implement and formal. Therefore, it is proposed to increase the number of first working days or add regulations on the time limit for providing the results of the assessment of reduced working capacity of the Medical Council.

Third, it is proposed to amend the regulations on the health recovery leave regime after occupational accidents, unifying the benefit level for 01 day at 30% of the basic salary and applying only one form of health recovery leave, instead of the current regulations (there are 02 forms of rest at home, equal to 25% and concentrated rest, equal to 40% of the basic salary, calculated for one day to match the health recovery regime after illness and maternity as stipulated in the Law on Social Insurance (amended) and the Law on Occupational Safety and Health as proposed.

- About insurance procedures

The analysis of the results has shown significant changes in the procedures and documents for receiving occupational accident insurance. However, in practice, there have been issues that require solutions to prevent abuse, requiring regulations to bind the responsibilities of employers when proposing to resolve the regime for employees such as: regulations on the responsibility to refer for health assessment, the deadline for completing procedures and documents to send to the insurance agency,

Total time to resolve occupational accident insurance for each group of cases with different levels of severity.

Article 44 of the current Social Insurance Law only stipulates the time for receiving benefits: "The time for receiving benefits is calculated from the month the employee finishes treatment and is discharged from the hospital", without specifying the time for submitting the application, leading to the situation where employers submit the application late, in some cases, it takes years from the time the employee has a work-related accident or occupational disease and has a discharge certificate before applying for the policy, affecting the employee's rights. Meanwhile, according to the current Social Insurance Law, Article 118 stipulates the settlement of benefits for work-related accidents, occupational diseases, and health care and rehabilitation allowances after treatment for work-related accidents and occupational diseases: "The Social Insurance organization is responsible for resolving within 15 days from the date of receiving valid documents" is appropriate. However, as mentioned above, it is necessary to specify the time from when the employee has a work-related accident or occupational disease and is stable and has a discharge certificate until the employer submits a complete application to the Social Insurance agency.

In Article 10 of Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT, the time limit for investigating occupational accidents is the investigation period calculated from the time of occurrence to the announcement of the minutes of investigation of occupational accidents. In particular, no more than 02 working days for minor occupational accidents; no more than 05 working days for serious occupational accidents; no more than 15 working days for occupational accidents causing 02 or more serious injuries; no more than 20 working days for fatal occupational accidents, calculated from the time the occupational accident investigation team receives all documents, objects, and means related to the accident from the police investigation agency; no more than 40 working days for occupational accidents requiring technical or forensic examination. Thus, the maximum investigation time is also no more than 40 days from the date of occurrence of the occupational accident. The regulation of investigation time for the severity of each occupational accident like this creates favorable conditions for the acceptance of occupational accident records. However, it is necessary to stipulate more time from the time when there is a complete record of investigation results and the occupational accident victim has a discharge certificate until the employer submits the records to the Social Insurance agency, to enhance the responsibility of the employer. This time should not be extended, it can be a maximum of no.

more than 01 month. After the above deadline, if the user does not submit the application, he/she will be subject to legal sanctions.

- Regarding the occupational accident insurance fund: the occupational accident fund is formed from the contributions of employers and is mandatory, ensuring the principle of social insurance benefits based on the level of reduced working capacity caused by occupational accidents and the time of participation in the Fund, while implementing the principle of sharing "the majority compensates the minority", therefore:

+ In the collection and disbursement of the occupational accident insurance fund, it is necessary to consider a balance between groups of industries with high risks of occupational accidents and groups of jobs with less accident risks; Because the current situation of the occupational accident insurance fund in our country is in surplus, it is possible to consider keeping the contribution level of specific industries such as construction, chemicals, manufacturing, etc., technical industries at 1%, and groups of industries such as state civil servants can consider reducing the contribution level to 0.5% to save tax revenue for the state labor force, which accounts for a larger number than at present. Or consider reducing the contribution level to 0.5% to reduce pressure on employers, creating a boost for the labor use process.

+ At the same time, for the payment activities of the insurance fund, there should also be a distinction between industry groups, for example, the general support level is stipulated to be 10% of the actual contribution to the fund of the employer for occupational accident prevention activities; however, for some specific industries with high risks of occupational accidents such as construction, mechanical engineering, mineral exploitation, etc., the support level can be higher but not more than 15%, to ensure fairness.

+ Continue to consider expanding but also specifying and defining the regulations on the benefits when suffering from occupational accidents from the Occupational Accident Fund for employees as currently stipulated, including: co-payment of health insurance during the treatment period (including cases of relapse treatment); salary during the treatment period; occupational accident compensation allowance; death allowance due to occupational accidents; one-time or monthly occupational accident allowance; service allowance; allowance for living aids; allowance for convalescence and health recovery; health insurance.

(if leaving work) and death benefits (for those who die due to work-related accidents); Support for occupational rehabilitation costs and vocational training for career re-adaptation.

3.3. Some measures to improve the effectiveness of implementing the Law on Social Insurance

Along with perfecting the legal regulations on occupational accident insurance, it is necessary to synchronously implement a number of solutions to improve the effectiveness of law implementation, including:

Firstly , promote propaganda activities on social insurance law in general and occupational accident insurance law in particular.

Every action takes place on a certain awareness, so in order for insurance law to be put into practice in the most profound and effective way, it is necessary to have the understanding of the majority of workers, first of all the subjects regulated by the law. In reality, there are violations, or cases where employees suffer because employers take advantage of the weaknesses of the need for work and the lack of knowledge of employees to intentionally make mistakes. Occupational accident insurance is meaningful to the parties involved in this relationship, therefore, each party needs to understand the meaning, importance, as well as the rights and obligations of each party. Propaganda activities can be carried out through many channels such as: on mass media, training sessions on occupational safety and hygiene, union activities, regulations in working regulations, or establishing terms in labor contracts...

Second , improve the professional qualifications of the social insurance staff.

The human factor is the most important factor, determining the success of every organization, therefore, improving the qualifications of the staff must be carried out regularly and planned. In the context of international economic integration; science and technology are constantly developing; the economic and social environment is constantly changing, requiring social insurance staff to be good at professional expertise and have good moral qualities to meet job requirements. At the same time, in recruitment, it is necessary to recruit people who are properly trained in their major, both reducing retraining costs and ensuring work efficiency.

Third, it is necessary to perfect the social insurance apparatus.

Currently, the new social insurance organization has been established at three levels (central, provincial, district). However, due to the expansion of social insurance types (voluntary social insurance, unemployment insurance) and social insurance participants, aiming to implement universal social insurance, the workload of the social insurance sector is very large, it is necessary to supplement the organizational structure of the social insurance apparatus to the commune level, in the immediate future, it is possible to study an additional position of social insurance officer at the commune level. Each commune can arrange one social insurance officer. Although the addition of a social insurance officer at the commune level increases the payroll of the social insurance sector (without increasing the payroll and increasing salary payments from the state budget), it does not increase the management costs of the sector much, because in reality, the social insurance sector still has to sign contracts with payment representatives at the commune level and pay them payment fees. The organization of monthly social insurance payments, including occupational accident benefits, is mostly carried out through intermediary organizations such as banks and payment representatives. Both forms of payment have limitations in the management of beneficiaries. If there are social insurance officers at the commune level, these officers will have a high responsibility in closely managing beneficiaries and participants. In particular, if the target of occupational accident insurance is expanded to the labor force of farmers, local social insurance officers are extremely necessary.

Fourth , it is necessary to perform the function of preventing and limiting losses of insurance activities. This can be done in the form of re-investment in the unit to improve working conditions; organizing occupational safety training or in the form of propaganda to raise awareness of employees and employers. It can be seen that the cost of risk prevention is much lower than the cost of compensation and overcoming the consequences, because in addition to the cost of compensation/subsidy for workers with occupational accidents that the insurance organization has to bear, there are also many social problems such as waste of social labor force, medical expenses, the spirit of employees after the risk... Not to mention the damage to the employer.

Fifth, strengthen inspection and supervision of labor safety and hygiene.

In practice, inspection and examination activities will go hand in hand with enforcement, detection and handling of violations. Therefore, it is necessary to strengthen the inspection and examination of the implementation of State regulations on occupational safety and hygiene in all establishments of all economic sectors, paying attention to the fields of construction, repair, electricity use, and mineral exploitation. Regularly guide and urge enterprises to conduct investigations, implement statistical regimes, report on occupational accidents, provide occupational safety training, and implement occupational safety according to the Law on Occupational Safety and Hygiene and guiding documents.

Sixth , in the process of implementation, it is necessary to publicize information related to participation and enjoyment of occupational accident regimes, thereby enhancing supervision of employees; having clear reward and punishment mechanisms to motivate units to perform well in occupational safety and hygiene; in addition, empowering the Social Insurance organization to conduct investigations into occupational accidents at labor-using units.

Seventh , strengthen the role and linkage between relevant management agencies.

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Occupational safety and hygiene work and the organization and implementation of policies towards

For people with occupational accidents, it is related to many ministries and branches such as: Ministry of Labor - Invalids and Social Affairs is responsible for state management of occupational safety; Ministry of Health is responsible for state management of occupational hygiene, health of workers and occupational diseases; Vietnam Social Security is responsible for organizing occupational accident insurance regime, ... Therefore, to effectively implement the occupational accident and occupational disease insurance regime, it is necessary to build a coordination mechanism between functional agencies related to social insurance and occupational safety and hygiene in order to:

+ Implement well the prevention and limitation of occupational accidents and diseases;

+ Ensure compliance with the law by employees and employers;

+ Improve the efficiency of inspection and control work.

Unifying regulations among relevant agencies, building a clear coordination mechanism, and making information transparent are among the solutions that can bring about efficiency.

The results of implementing the law on social insurance that the world has successfully applied.

Eighth, promote the application of electronic information technology in management, collection, payment, and settlement of procedures and records on social insurance in general and HBTNLĐ in particular.

Along with the development of the socio-economic and the application of electronic information, the insurance industry as well as all levels and sectors need to apply information technology to their operations to reduce labor and improve operational efficiency. At the same time, it is possible to apply information technology in management, reporting, information as well as information reception to improve capacity and operational efficiency.

CONCLUSION OF CHAPTER 3

Based on the analysis of the current status of the occupational accident and occupational disease insurance regime in Vietnam in Chapter 2, the thesis has researched to perfect the law and improve the effectiveness of the implementation of the occupational accident and occupational disease insurance regime in Vietnam. Specifically, Chapter 3 has raised the following issues:

The basic requirements for perfecting the law on occupational accident and occupational disease insurance in Vietnam include: it must be consistent with the Party's guidelines and policies; it must ensure the rights of employees, ensure the balance of interests between the parties in the labor relationship; it must be based on the development of the country's economy while also being consistent with social changes and ensuring compliance with international law.

Some recommendations to improve the law on occupational accident and occupational disease insurance in Vietnam such as expanding the subjects of application of the regime; regulating separate subsidy levels for each regime; consolidating conflicting regulations, proposing the level of expenditure of occupational accident and occupational disease insurance fund for specific industries...

Some solutions to improve the effectiveness of implementing the occupational accident and disease insurance regime in Vietnam include strengthening propaganda activities on social insurance; improving

Occupational accident insurance under current Vietnamese labor law - 9

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