(Adopted by Decree No. 21 of 31 December 2011 [2011] of the People's Government of the Northern Province of Hanoi (Act No. 21 of 1 March 2012)

Chapter I General

Article 1 promotes occupational injury prevention and occupational rehabilitation, in accordance with the Social Insurance Act of the People's Republic of China and the State Department's Industrial Injuries Insurance Regulations (hereinafter referred to as the Regulations), and in the light of the actual practice of the province.

Article 2

The user unit shall pay the insurance premiums for all employees or employed workers (hereinafter referred to as workers) who are entitled to the treatment of work injury insurance in accordance with the provisions of the Regulations and this scheme.

Article 3

The Social Insurance Administration performs specific work injury insurance services in accordance with the State Department and the Government-related provisions (hereinafter referred to as the institution).

Article IV. The Provincial Social Insurance Administration develops employment injury insurance policies and related standards and shall seek the views of trade union organizations, user units.

Article 5 Entities should establish safe production, occupational disease control and accountability, and take measures to prevent accidents, avoid and reduce occupational diseases.

Chapter II Work injury insurance fund

Article 6. The specific approach was developed by the Provincial Social Insurance Administration with the provincial financial sector and was followed by the approval of the Government.

Article 7 Rates of work injury to be paid by a person's unit shall be determined by the office of the Social Insurance Administration in the province (hereinafter referred to as the provincial office of the institution of office) on the basis of the respective rates of the user's unit and the use of the agent's insurance premiums, the incidence of work injury.

Article 8. The total salary of all workers for the previous year is not reported to be paid in the sectors of the injury paid by the number of workers, according to the relevant provisions of the State and the province.

The number of employees participating in the work injury insurance has changed, and the number of workers and related cases should be reported to the office within 5 days.

Article 9. The unit of the person shall, in accordance with the monthly declaration to the institution of the institution of the organization, pay the amount of the contribution of the injury to the worker, which shall be reviewed by the institution. Due to the fact that exceptional circumstances cannot be examined at the time of time, the review shall be completed within three days of the date of receipt of the contributions. The user unit shall pay its work injury insurance in full in monetary form within 5 days of the approval of the institution.

The user unit does not make a declaration of the amount of work injury premiums due to be paid, determined by the executing agency for a total of 100 per cent of the monthly contributions in the unit, without the amount of monthly contributions, and determined the amount of contributions due on the basis of the operating status of the unit and the number of workers. The office shall be subject to the provisions of the institution after the person's unit supplements the declaration procedure and pays the worker's injury contribution at the authorized amount.

Article 10

An insurance premium for work and injury was collected by the institution and a charge certificate for the uniform printing of the provincial financial sector should be presented.

Article 11. Expenditures for the work injury insurance fund for the following projects:

(i) Medical costs and rehabilitation costs for treatment of work injuries;

(ii) Accommodation grant;

(iii) Transportation and accommodation requirements for medical treatment in areas other than the city of this area;

(iv) Requirements for the installation of disability support equipment;

(v) The cost of living care, as confirmed by the Commission, cannot be self-sused workers;

(vi) A one-time disability grant and a disability allowance paid by one to four-tier disabled workers in the month;

(vii) A lump-sum medical grant to terminate or remove labour and employ contracts;

(viii) The funeral grant paid by the survivor of the worker for the benefit of the dependent family and a one-time surviving benefit;

(ix) Work injury prevention fees;

(x) Work injury determination of investigation fees;

(xi) Feasibility of labour capacity;

(xii) Laws, regulations and regulations stipulate other projects that are spent on the work injury insurance fund.

The Ministry of Social Insurance has made use plans with the provincial financial sector to report on the implementation of the Ministry's Government's approval.

The proportion, use and management of work injury prevention fees are carried out in accordance with the relevant provisions of the National and provincial Social Insurance Administration in conjunction with the provinces' financial, health, safety and productive management.

Article 12 The provincial office shall retain the total annual work injury insurance reserve of 10 per cent of the total operating injury premiums collected by the province before the end of the year to be paid for work injury insurance treatment for major accidents. The work injury insurance reserve may be relocated for a period of up to 30 per cent of the total number of work injury insurance funds.

The use of work injury insurance reserves should be reported to the approval of the Provincial Government.

Chapter III

Article 13. The unit of the person shall apply for employment injury determination from the employee's accident or, within 30 days of the date of the Occupational Disease Control Act of the People's Republic of China, to the municipal social security administration in the area where it is located or to the social security administration of the district it is entrusted (market, area). As a result of a traffic accident, disappearances, accidents during work outside and other conditions that are temporarily unable to make a claim for work injury as prescribed by the prescribed time frame, the municipality's social security administration in the area in question agreed that the time period for application could be extended appropriately, but the extension period should not exceed three months.

In the absence of a claim for work injury under the preceding paragraph, a worker or his close relatives, a trade union organization may submit a claim for injury directly to the public social security administration in the place of the agent's unit or to the social security administration of the district (market, area) where it is entrusted.

The time taken to deal with disputes under the statutory procedure is not calculated within the time frame for the application determined by the worker and the user unit.

Article 14. Requests for work injury determination shall be submitted to:

(i) “Leal injury determination application form”;

(ii) Working, hiring contract photocopy or other material that demonstrates the existence of labour, personnel relations (including de facto labour, personnel relations);

(iii) Post-harvest diagnostic certificates from medical institutions, occupational diagnostic certificates from occupational illnesses or identification of occupational diagnostic certificates from institutions.

In the following cases, the relevant proof material should also be submitted after the Social Insurance Administration considers the application for work injury, and the time required for the acquisition of the material is not calculated within the time frame determined by the work injury:

(i) To submit to the public security authorities the relevant proof, the judgement of the People's Court or other effective evidence of the injury to the performance of their duties;

(ii) To identify applications for work injury due to traffic accidents or urban orbital traffic, passenger ferry, fire accidents and injuries, and to submit relevant legal instruments to the public security authorities in the sectors such as transport management, transport, railways or the judiciary and organizations authorized by the law, administrative regulations;

(iii) In the course of work, for reasons of work, to be harmed by the public security authorities or other evidence; in the event of an accident where it is unknown to the death of the worker, it is submitted to the People's Court the proof of death;

(iv) Removal and death certificates submitted to medical institutions due to sudden sickness deaths in working hours and jobs or to unavoidable deaths within 48 hours;

(v) To submit effective evidence of the harm suffered in the maintenance of national interests, social public interest, such as disaster relief;

(vi) Removal of unexploded ordnance by military personnel who have been disabled as a result of war, public injury, after being sent to the user's unit, by submitting evidence from the disability military and the local civil affairs sector, as well as the medical agency's diagnostic certificate of the old injury;

(vii) Other special circumstances that provide relevant evidence based on the relevant laws, regulations and regulations.

Article 15. The Social Insurance Administration shall, at the time of time, review the submissions submitted by the applicant upon receipt of the application for the injury of the agent, the worker or his close relatives, the trade union organization (hereinafter referred to as the applicant). The material is complete and should be taken at no later than 15 days in a decision to be admissible or inadmissible. The material is incomplete and should be communicated in writing to all the materials that need to be filled and, after receipt of the supplementary material, at no later than 15 days, at the latest.

The Social Insurance Administration decides to accept the application for the determination of the injury of the worker and shall give the applicant the notice of employment injury determination. Inadmissibility should be given to the applicant with the “Energy injury determination application for the inadmissible decision”.

Article 16 of the Social Insurance Administration accepts employment injury claims by workers or their close relatives, trade union organizations and requires the submission of the relevant material by the user unit, which shall be communicated to the user's unit and shall be submitted within 15 days. The social security administration can be determined on the basis of the material provided by the employee or its close relatives, trade union organizations.

When the Social Insurance Administration receives a claim for injury, it is necessary to investigate the relevant situation and to assign more than two staff members to investigate the verification.

Article 18 The Social Insurance Administration shall, within 60 days of the date of receipt of the employment injury determination and shall transmit the certificate of determination of the worker or its close relatives and user units to the institution of the institution, within 20 days of the date of the decision to be taken.

The Social Insurance Administration shall make a nuclear injury certificate for workers who are identified as working injury or are subject to work injury. The Work injury certificate is maintained by the worker himself.

Article 19

Chapter IV

Article 20, the municipality of the province, the establishment of the Labour Capacity Identification Commission, in accordance with the relevant provisions of the Regulations, undertakes the identification, recognition of the labour capacity of the following workers and related matters:

(i) Identification of disability levels;

(ii) Care dependence on a hierarchy of identification;

(iii) Confirmation of the duration of work staying, the extension of the duration of the stay and the death caused by the injury caused by the suspension of work;

(iv) Acknowledgement of the installation of a disability supporter;

(v) Confirmation of illness resulting directly from work injury;

(vi) Reconfirmation of work injury;

(vii) Confirmation of the possibility of rehabilitation;

(viii) For foster relatives to be fully deprived of their labour capacity;

(ix) The identification of other labour capacities provided by the State and the province.

The Labour Capacity Identification Commission's office is based in the same-tier social security administration, with specific responsibility for the work of the Commission's day-to-day work and the organization of the identification of labour capacity.

Article 21, where a worker has suffered an accident or has been diagnosed or identified as an occupational disease under the provisions of the Occupational Disease Control Act of the People's Republic of China, shall apply for the identification of a labour capacity within 60 days of the expiry of the pay period.

Article 22 provides for the identification of labour capacity and shall be submitted to the Commission for the Identification of Labour Capacities in the Area by a person's unit, a worker or his close family (accruing from the provincial office agency for work injury insurance, and to the Provincial Commission for the Identification of Labour Capacity) and to submit the following materials:

(i) The Labour Capacity Identification Request Form;

(ii) “Decides of work injury decisions”;

(iii) The medical institutions receive medical information, such as diagnostic certificates and inspection tests.

The worker's injury caused directly to other diseases by work injury should be identified at the time of the application for the identification of the labour capacity and submitted confirmations to the relevant medical institutions.

Article 23 requests for the identification of agents and workers or their close family members for non-consistency in the identification conclusions should be presented to the Provincial Commission for the Identification of Labour Capacity within 15 days from the date of receipt of the validated conclusions and to submit the initial findings.

The Commission shall transfer the relevant materials to the Provincial Commission for the Identification of Labour Capacity.

Article 24: The Commission shall make its findings within 60 days of the date of receipt of the identification request.

The time limit for identification can be properly extended due to the complexity of work injury or treatment involving higher health-care professionals, but the extended period should not exceed 30 days.

Article 25 has changed from one year after the conclusion of the Labour Capacity Identification Commission, the worker or his close relatives, the user unit, the executing agency's view that the disability of the worker can be reviewed in the city or in the province's immediate labour capacity determination board. After review of changes in the level of disability identification, the regular treatment of their work injury is adjusted in accordance with the relevant provisions of this province.

Article 26 quantification of the costs required by the initial labour capacity, payment by the user unit of the worker's contribution to work injury under the law shall be made by the work injury insurance fund; and payment by the user's unit for unpaid work injury insurance contributions under the law. The user unit did not pay the contribution to work injury and did not pay the initial labour capacity for the identification of costs, which was paid by the work injury insurance fund. The application for re-identification or review of the identification, which is to be determined by the applicant's pre-qualify, re-identify or review the findings of the identification, which are consistent with the original findings, is borne by the applicant; the re-identification or review of the findings are inconsistent with the original findings, and the identification costs are charged by the work injury insurance fund.

Chapter V

Article 27 requires the suspension of the treatment of work-related workers, with the same treatment of the old salary benefits during the suspension of work and paid by the unit in the month.

The duration of unpaid work is generally not more than 12 months. In the case of serious or exceptional injury to workers, the Commission confirmed that the duration of the stay of work could be extended appropriately, with the exception of 12 months, as confirmed by the Committee on the Entrepreneurship of the municipality or the provincial council for immediate labour capacity. After the employee's assessment of the level of disability, the treatment of expatriation was suspended and the disability was treated in accordance with the provisions of the Regulations and the scheme. Employees continue to receive medical treatment after the termination of their work.

During the period of work injury to workers, the user unit shall not be removed or terminated its labour, personnel relations. Employees who are unable to leave their work are required to care during the suspension of their work and are appointed by the user unit. The user unit may also pay the fee on the basis of the average monthly salary of one employee in the previous year of the unit, with the consent of the worker or his close relatives.

Article 28 grants for workers who are inpatient inpatient treatment work and for the transportation, accommodation expenses required for medical treatment in areas other than the city where the medical facility is certified and reported to the host agency for approval.

The payment criteria for the payment of food subsidies and transportation, accommodation charges were established by the Social Insurance Administration of the province with the provincial financial sector and were implemented after the approval of the Government.

Article 29 Medical expenses incurred by workers prior to their work injury are donated by a user unit, which is determined to be in compliance with the schedule of the work-related medical treatment project, the directory of work injury insurance medicines and the standards for the inpatient insurance services.

Article 33 The worker's treatment work injury shall be medically available to the medical institutions that have signed the service agreement, and the situation may, as a matter of urgency, be first aided by medical institutions that have not signed the service agreement, whose treatment is required after the first aid is free from the stability of the dangerous condition and should be transferred to the medical institutions that have signed the service agreement. Employers were first aided by medical institutions that did not conclude service agreements, and the unit should report to the institution within 7 days of the date on which the worker was injured. The user unit did not report to the institution within the prescribed time period, or the medical institutions that had not been transferred to the service agreement without delay after the first aid was free from the stability of the hazardous injury, and the cost of the worker's medical work was paid by the user unit.

Workers who work injury is permanently residing in outside provinces, self-government zones and municipalities of direct jurisdiction may choose one to two medical institutions in long-term residence to treat injuries, provided that the person's unit or the worker and his or her close relatives should be backed to the institution.

Article 31 provides for the application of medical institutions with qualifications, rehabilitation institutions and disability support equipment to carry out work injury medical services, as required, to the Social Insurance Administration. Following a review of the conditions of work-related injury medical services, a written agreement was signed by the Agency on the basis of equality consultations to clarify the rights and obligations of both parties. After the agreement has been concluded, the institution should publish the list of institutions for work and injury services in a timely manner.

Article 32, the user unit, the worker or his close family shall apply for the treatment of work injury insurance and shall submit to the institution the application form for the treatment of work injury insurance, the identification of work injury decisions and the conclusion of the Labour Capacity Identification. The institution should be reviewed at the time of time and pay the related treatment within 15 days.

Article 33 Employees who retain work injury insurance relations at the domestic level are subject to accident injury or occupational illness needs to be treated outside the country for the reasons of work or for the installation of a disability supporter than the standard or quota, and are paid by a user unit.

In accordance with the relevant provisions of Article 34, paragraphs 5 to 10, workers who are injuring or ending labour, personnel relations with the user unit are paid by the Workers' Insurance Fund for a one-time work injury medical benefit and a one-time disability employment grant is paid by a person unit. A one-time work injury medical benefits are paid at 44 months to eight months of the average monthly salary of employees in the previous year of the Ministry of Labour, Personnel Relations, including 544 months, 638 months, 726 months, 9 14 months, 10 months; a one-time disability employment grant criterion is 22 months to 4 months of the average monthly salary of workers in the former province when the labour, personnel relationship terminates or terminates.

At grades 5 to 10 work injury workers require the installation of maiming auxiliary devices, which, according to the standards set by the provincial social security administration, are charged with the installation of a disability supporter by the work injury insurance fund.

In the event of termination or dismissal of labour, personnel relations, a one-time disability employment grant is paid at a standard rate of 20 per cent per year per year from the mandatory retirement age; and a one-time disability employment grant is paid at 10 per cent of the required standard, from less than one year. The worker is not entitled to a one-time injury medical grant and disability employment benefits, in accordance with the mandatory retirement age.

In the case of a one-time work injury medical grant and disability employment grant, the worker is no longer entitled to other work injury insurance treatment. Removal injuries should be reintroduced in accordance with the procedures established in the Regulations and the scheme, and in accordance with the new determination and determination of the treatment of work injury insurance.

Article 36 Disability benefits for work injury workers, pension benefits for family members, living care rates, are adjusted in due course by the Provincial Social Insurance Administration, in accordance with the changes in the average salary and living costs of the whole province's employees.

Chapter VI Oversight management

Article 337 The Social Insurance Administration shall conduct a monitoring review of the income and expenditure of the Work injury Insurance Fund in accordance with the law.

When the social insurance administration conducts oversight inspections, the inspectorate and the person concerned should provide information on work-related insurance, without denying inspection or false reporting, and concealing reports.

Article 338, when the Social Insurance Administration oversees the payment and payment of the work injury insurance fund, found problems that should be raised by a change proposal to deal with the decision in accordance with the law or to make recommendations to the relevant administrative authorities. The results of the inspection of the income and expenditure of the Work injury Insurance Fund should be made available to society on a regular basis.

Article 39 should establish a system of sound operations, finance, security and risk management to regularly disclose the income and expenditure of the Work injury Insurance Fund.

Article 40 shall be subject to the supervision of the worker by virtue of the monthly presence in the injury insurance and the payment of work injury insurance. The social security administration should carry out labour safety inspections in accordance with the law regarding the participation of the user unit in the work injury insurance.

Article 40. Trade union organizations maintain the legitimate rights and interests of workers and injured workers in accordance with the law and supervise the work injury insurance of the user unit.

Chapter VII Legal responsibility

Article 42 staff members of the Social Insurance Administration are treated in accordance with the law and are responsible for criminal liability under the law:

(i) The non-requirement of the application for the injury of the worker or the identification of a person who would be incompatible with the conditions of work;

(ii) The lack of proper custody of the evidence obtained by the application for work injury and the loss of the evidence;

(iii) The receipt of the property of the parties;

(iv) Other acts of negligence, abuse of authority, favouring private fraud.

Article 43 consists of one of the following acts by the Social Insurance Administration, which is being rectified by the Social Insurance Administration and disciplinaryly by the competent and other responsible persons directly responsible; legal accountability; causing the economic losses of the parties; and liability under the law of the institution:

(i) No record of the collection of royalties and the treatment of workers for work injury insurance, as prescribed;

(ii) The treatment of approved work injury insurance, as prescribed;

(iii) The receipt of the property of the party.

Article 444 shall be subject to the provision for participation in work injury insurance without participation, with the participation of the Social Insurance Administration for a period of time, to supplement the contributions due to work injury and to receive five lags per day from the date of unpaid contributions, and to a fine of more than three times the amount owed.

Employees who are not participating in the work injury insurance should be charged with work injury, as prescribed by the agent's unit, which pays expenses under the prescribed work injury insurance projects and standards.

After taking part in the work injury insurance and repayment of work-related injury premiums, laga payments, the work injury insurance fund and the user units pay new expenses under the relevant provisions.

Chapter VIII

Article 42 regulates work injury insurance schemes for civil servants and staff members of social groups in the light of the management of the civil service law, which is developed by the Provincial Social Insurance Administration with the relevant departments, and is carried out after the approval of the Government.

Article 46 The application of the Northern Province for Work and Injury Insurance, published by the Government of the People of the Northern Province of the River 26 November 2004, was also repealed.