The implementation of Decree No. 110/2002/ND-CP dated December 27, 2002 by the Government on the amendments and supplements Decree No. 06/CP dated December 20, 1995 the Government detailing a number of articles of the labor code of occupational safety, hygiene and labour; After taking the opinion of the Ministry of health, the Ministry of finance, Vietnam General Confederation of labor and related agencies, the Ministry of labor, invalids and Social Affairs implementation guide as follows: i. the OBJECT and SCOPE of the object to apply the mode of compensation, workers ' compensation assistance occupational diseases prescribed in clause 4 Article 1 of Decree No. 110/2002/ND-CP dated December 27, 2002 by the Government include: 1. Employees working under labor contract mode in enterprises, agencies and organisations: a. established businesses, operating under the State Enterprise Law , including: business, business activities; businesses public activities; businesses of the armed forces;

b.-established businesses, operating under the enterprise law, including: limited liability companies, joint stock companies, partnerships, private business;

c. established businesses, operating under the foreign investment law in Vietnam, including: business venture and 100% capital investment business;

d. business of political organization, social-political organizations;

Sync Households produce business, individuals, group collaboration;

e. administrative agencies, political organizations, career, social-political organizations, social-political organizations, social organizations, the armed forces; including the institutions, the unit allows manufacturing operations, business administration services, career, the party, the unions, the mass society of financial support;

g. sale facility, set up by private industry, culture, health, education, training, science, physical education and other career fields;

h. medical stations in communes, wards and towns;

i. the Agency, foreign organizations or international organizations in Vietnam unless the international treaties to which the Socialist Republic of Vietnam signed or otherwise;

k. other organizations of employers organisations have not yet specified in point 1.

2. Public servants under the Ordinance, public servants.

3. social workers, work and enjoy the wages under labor contracts in the cooperative establishment, operating under the Cooperative Law.

4. The employee specified in point 1, point 2, point 3 of this section including apprentices, the trades to work in enterprises, agencies, institutions also subject to compensation regimes, subsidized labor accidents, occupational disease.

II. Mode Of COMPENSATION, Subsidies 1. Compensation mode: a. workers ' compensation or occupational disease as defined below degrade the ability of labor from the 5% upwards or die to compensation: labor accidents occur due to impact by dangerous elements, two of the workers hurting any parts the function of the body, the employees or the cause of death during labor, associated with the implementation of the work, labor duties (including addressing the needs of working time according to the labor code rules such as: coffee break, eat between ca, eating fostered artifacts menstrual hygiene, bathing, feeding, hygiene, preparation time and finish the job).

Occupational diseases are diseases that arise due to factors harmful labour conditions of occupation affect workers according to the list of occupational diseases due to the Ministry of health and Ministry of labor, invalids and Social Affairs. (Appendix 1).

b. conditions for workers compensation: for labor: workers labor accident as defined in paragraph a, point 1 above if the cause of the accident happened due to an error by the employer according to the conclusions of the report on the investigation of accidents.

The compensation is made each time. Accidents happen times would make compensation once there, carried no accidents have occurred from the previous times.

With respect to occupational diseases: occupational illness workers as defined in paragraph a, point 1 above are compensated according to the conclusions of the report on the conclusions of the forensic agencies or of the Board of medical examiners has jurisdiction in the case: die due to occupational disease while working or before moving to another work before quitting, before losing the job, before retiring.

Perform inspection of occupational diseases clinic periodically (according to the regulations of the Ministry of health) to determine the level of potential employees.

The compensation of occupational diseases is performed each time the following regulations: the first based on the level (%) decline the labor ability first visit and then from the second onwards based on the level (%) deterioration of labour increased to compensate part of the level difference (%) decline the labor ability raises than last time around.

c. compensation Levels: the level of workers ' compensation and occupational disease as defined in paragraph b above is calculated as follows: at least 30 months of salary and salary allowance (if any) for impaired workers labor ability from 81% or over or die due to labor accidents occupational diseases.

At least equal to 1.5 months salary and salary allowance (if any) for people with impaired ability to labor, from 5% to 10% then if impaired ability to labor, from 81% to under 10% over the 1% increase was 0.4, plus salary and salary allowance (if any).

Calculation of compensation rates: calculation of compensation for people with impaired the ability of labour from the 10% to 81% below is calculated according to the formula below or look under the table compensation, subsidies according to the level of deterioration of labour from 5% to death (Appendix 2).

TBT = 1.5 + {(a-10) x 0.4} where: Tbt: compensation for deterioration of labour from the 10% or more (unit: month salary and salary allowance if applicable);

1.5: the level of compensation when the labor ability decline from 5% to 10%;

a: the percentage (%) decline in the ability of workers who suffer accidents, occupational disease;

0.4: compensation coefficient when potential labor up 1%.

For example: Mr. A, occupational disease, after the first inspection determine the level of potential workers is 15%. Compensation is calculated as follows: the first compensation Levels for Mr. A is: Tbt = 1.5 + {(15-10) x 0.4} = 3.5 (salary and salary allowance if applicable).

Periodically, says A health inspection for the second labor potential level is 35% (the level of labor potential has increased in comparison with the first order is 20%).

Compensation for his second A is: Tbt = 20 x 0.4 = 8.0 (salary and salary allowance if applicable).

2. subsidized regime: a. workers labor accident in the following cases shall be subsidised: labor accidents as defined in paragraph a, point 1 above but the direct fault of workers according to the conclusions of the report on the investigation of accidents;

The accident is considered labor accident is an accident happen to workers when going from where in to work, from work about the place in or crash due to objective causes such as natural disasters, fire and other risk cases associated with the implementation of the work Labor duties, or did not identify the person who caused the accident happens at work.

The grants are made each time. Accidents happen times would make providing it, not incremental accidents have occurred from the previous times.

b. allowance: workers ' compensation allowance is calculated as follows:


At least 12 months of salary and salary allowance (if any) for impaired workers labor ability from 81% or over or die due to accidents;

At least 0.6 months salary and salary allowance (if any) for people with impaired ability to labor, from 5% to 10%, if the impaired the ability of labour from the 10% to 81% under the formula below or check the worksheet for compensation, subsidies according to the rate of deterioration of labour from 5% to death (Appendix 2).

How to calculate the allowance: (as compensation and the compensation calculation results with 0.4).

TTC = 0.4 x in which Tbt: Ttc: the level of subsidy for workers decreased the ability of labour from the 10% or more (unit: month salary and allowances if applicable);

TBT: compensation for deterioration of labour from the 10% or more (unit: month salary and salary allowance if applicable);

For example, Mr. B, was the labor accidents (cause: the error directly by Mr. B violated safety regulations), after the first inspection determine the level of potential workers is 15%. The level of the subsidy is calculated as follows: the first support Level for the Mr. B is: Ttc = 0.4 x 0.4 x 3.5 = Tbt = 1.4 (salary and salary allowance if applicable).

The second he B accident happened when away from the workplace accommodation (accidents are considered accidents), after the health inspection for the second labor potential level is 20%.

The second support level for the Mr. B is: Ttc = 5.50 x 0.4 = 2.20 (salary and salary allowance if applicable).

3. The compensation, subsidies under the rules is a minimum, the State encourages employers who implement compensation, subsidies for workers who suffer accidents, occupational disease in higher levels.

4. cash base salary compensation or pension is salary according to labor contract, calculated an average of 6 months of adjacent before the crash happened either before the identified occupational disease, including salary, rank, position. area allowance, allowance for the position (if any) under current rules.

The case is not enough working time 6 months then get your salary, adjacent or in the form of salaries paid at the time of the accident, labor determine occupational disease for the calculation of compensation, subsidies.

5. The object of compensation, benefits, workers ' compensation occupational disease herewith still enjoy social insurance mode of labor accidents, occupational diseases (if taking compulsory social insurance) provisions in Decree No. 12/CP dated January 26, 1995 by the Government on the promulgation of the Charter the social insurance.

III. RECORDS And PROCEDURES 1. Establishment and procedure: a) the employer has the responsibility to prepare for the labor accident under the provisions of the following: minutes of labor accident investigation according to the current provisions of the law (annex 3 and annex 4);

Minutes of inspection (text determines the level of deterioration due to labor accidents) of the Board of medical examiners.

The decision of compensation, subsidies of the employer (Appendix 5).

b) The employer has the responsibility to prepare for occupational disease under the following regulations: occupational disease profile of workers according to the current rules of the legislation (Appendix 6);

Minutes of identifying workers die due to occupational disease of forensic agencies or a judge determines the degree of deterioration of labour due to occupational disease of the Council authorised medical examiners;

The decision of compensation by the employer (Subsection lục7.)

c) records was established as 3 a: employers Who keep a worker (or relatives of workers killed in) labor accident or occupational disease to keep a;

A send of HCMC LABOUR and Facility where local businesses, SOCIAL agencies, the organization is headquartered.

2. The time limit for implementation of compensation, benefits: compensation subsidy decision of the employers for the accident, labor occupational diseases must be completed within 5 days from the day the Board's assessment report on the medical examiners or forensic facility;

Compensation, subsidies should be paid once for the accident, labor occupational disease within 5 days from the date of the decision of the employer.

3. Costs of compensation, subsidies for people who suffer accidents, occupational diseases are accounted into the product or free flow of business, production facilities, business. With regard to administrative agencies, career was charged to the regular budget of the Agency. For household and personal liability for compensation, subsidies.

IV. IMPLEMENTATION 1. The employer is responsible for: enhanced measures to improve labor conditions, preventative measures, education awareness to minimize accidents, occupational disease can be fought for workers.

Often health care for workers, periodic health examination; If the detected cases afflicting the profession must perform the treatment, nursing rehabilitation for sick people. Organized visit, put away the expertise level of deterioration of labour; implementation of compensation for workers suffering from occupational diseases (if available).

Implement the right policies, regulations on workers ' compensation, occupational disease and accidents to employees or relatives of workers who died of accidents, occupational diseases.

Make periodic reports on the situation of labor accidents, occupational disease compensation regime implementation, support, workers ' compensation, occupational diseases 6 months and 1 year according to the General report of the Department of HCMC LABOUR and SOCIAL WELFARE, local labor Union where enterprise, agency, organisation has its headquarters.

2. The Department of HCMC LABOUR and society in collaboration with the local labor Federation regularly monitors the implementation of the policy, the mode of safety, hygiene and labour regulations this circular, if detected errors then guide the Executive employer rules If serious violations, they must handle.

3. The ministries, ministerial agencies, people's committees of provinces and cities under central popular organizations, a guide made this circular to each enterprise, agency, organisation administered.

4. The objects already identified labour accident or occupational disease from January 1, 2003, shall be entitled to the compensation regime and labor accidents occupational diseases under the provisions of this circular.

5. This circular takes effect after 15 days from the date the report. Abolish circular No. 19/LĐTBXH-TT on 02/8/1997 by the Ministry of labour and SOCIAL TB issued guidance about the implementation of the regime of compensation for the accident.

In the process if there are obstacles suggest reflects on The HCMC LABOUR and SOCIAL research, resolve.