List of occupational diseases entitled to social insurance according to Vietnamese law
“Hello lawyer, my father works in an iron and steel factory. Unfortunately, my father got his lungs due to inhaling too much coal dust. I want to ask a lawyer, is my father entitled to social insurance? and please let me know the list of occupational diseases entitled to social insurance? I sincerely thank you.” Thanks for your question. To clarify this, today, LSX Lawfirm will give you an article about “List of occupational diseases entitled to social insurance according to Vietnamese law“, as follows:
Legal grounds
Law on occupational safety and health 2015
Law on social insurance 2014
What is an occupational disease?
An occupational disease is a disease arising from an occupation-specific or occupation-related nature, caused by frequent and prolonged harmful effects of bad working conditions then.
Since having labor, people have been affected by the harmful effects of their jobs and suffered from occupational diseases. BC, Hippocrates (Hippocrate, 460 – 377 TCN) discovered lead poisoning. In the 1st century, Pline discovered the bad effects of dust on the human body. In the second century, Galien described the diseases suffered by miners. Centuries later discovered mercury poisoning and other occupational diseases.
The causes of occupational diseases are mainly due to unsafe occupational hygiene or toxic sources in the working environment, the consequences of which are reduced working capacity or the death of employees. Therefore, it is always the responsibility of the employer to prevent occupational diseases; pay only emergency expenses, treatment, and wages during the treatment period, and compensation for employees suffering from occupational diseases. Employees suffering from occupational diseases are entitled to insurance regimes as prescribed by law then.
List of 34 occupational diseases entitled to social insurance
The following is a list of 34 occupational diseases entitled to social insurance if the conditions specified in Article 46 of the Law on Occupational Safety and Health are satisfied, 2015 and guidance on diagnosis and assessment of occupational diseases:
1. Occupational silicosis.
2. Occupational asbestosis.
3. Occupational cotton dust disease.
4. Occupational talc.
5. Occupational anthrax pneumonia.
6. Occupational chronic bronchitis.
7. Occupational asthma.
8. Occupational lead poisoning.
9. Occupational poisoning due to benzene and homologs.
10. Occupational mercury poisoning. 11. Occupational manganese poisoning.
12. Occupational trinitrotoluene poisoning.
13. Occupational arsenic poisoning.
14. Diseases of occupational plant protection chemical poisoning then.
15. Occupational nicotine poisoning.
16. Occupational carbon monoxide poisoning.
17. Occupational cadmium poisoning.
18. Occupational deafness caused by noise.
19. Occupational decompression sickness.
20. Occupational disease caused by whole-body vibration then.
21. Occupational diseases caused by local vibration then.
22. Occupational radiation sickness.
23. Occupational cataract.
24. Occupational oil nodule disease.
25. Occupational tanning.
26. Occupational contact dermatitis due to chromium.
27. Occupational skin disease caused by prolonged exposure to wet and cold environments then.
28. Occupational skin diseases caused by contact with natural rubber and rubber additives then.
29. Occupational Leptospira disease.
30. Occupational hepatitis B virus disease.
31. Occupational tuberculosis.
32. HIV infection due to occupational accidents and risks.
33. Occupational hepatitis C virus disease.
34. Occupational mesothelioma.
Thus, your father falling into one of the cases specified in this Law will be entitled to social insurance.
What is the legal retirement age?
Accordingly to the provisions of Article 169 of the Labor Code 2019, this issue is as follows:
Employees who satisfy the conditions for the time of payment of social insurance premiums in accordance with the law on social insurance are entitled to a pension when they reach full retirement age.
– The retirement age of employees under normal working conditions is adjusted according to the roadmap until reaching the age of 62 for male employees in 2028 and the full 60 years for female employees in 2035.
From 2021, the retirement age of employees under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees; after that, each year increases by 03 months for male employees and 04 months for female employees.
– Employees with reduced working capacity; doing particularly heavy, hazardous, or dangerous occupations or jobs; doing heavy, hazardous, or dangerous occupations or jobs; working in areas with extremely difficult socio-economic conditions may retire at a lower age but not exceeding 05 years of age as prescribed in Clause 2 of this Article at the time of retirement unless otherwise provided for by law. another rule.
Employees with high professional and technical qualifications and in some special cases may retire at an age higher than 5 years old but not exceeding the age specified in Clause 2 of this Article at the time of retirement unless otherwise specified in Clause 2 of this Article. otherwise provided by law.
– The Government shall detail this Article.
Conditions for enjoying pension when working capacity decreases?
The Law on Social Insurance 2014 stipulates the retirement regime for employees who retire early due to working capacity decline as follows
“Article 55. Conditions for enjoying pension when working capacity decrease
1. The employees specified at Points a, b, c, d, g, h, and i, Clause 1, Article 2 of this Law, when they leave their jobs and have paid social insurance premiums for full 20 years or more, are entitled to a pension at the rate of 1. lower than those eligible for pensions specified at Points a and b, Clause 1, Article 54 of this Law if they fall into one of the following cases:
a) From January 1, 2016, full 51 years old men, full 46 years old women, and working capacity decreased by 61% or more are eligible for a pension when their working capacity decreases. After that, each year increases by one year until 2020 onwards, when men reach full 55 years old and women reach full 50 years old, they will be eligible for a pension when their working capacity decreases by 61% or more.
And
b) Men are full 50 years old, women are full 45 years old and have a working capacity decrease of 81% or more then;
c) Having a working capacity decrease of 61% or more and having worked for full 15 years or more in particularly heavy, hazardous, or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs; Issued by the Ministry of Health”
Thus, in order to enjoy the pension when working capacity decreases, it is necessary to meet 3 conditions: One is having more than 20 years of paying social insurance premiums, and the second is having the certification of a competent medical facility for the decreased inability to work. labor capacity of 61% or more, and meet all age groups.
Does the company not participating in social insurance violate the law?
Accordingly to the provisions of the Labor Law 2019 and the Law on Social Insurance 2014, seasonal labor contracts with a term of fewer than 3 months are not required to pay social insurance premiums.
Accordingly to Article 23 of the Labor Law 2019, the content of the labor contract must contain the content of social insurance. At the same time, according to the provisions of article 21 of the Law on Social Insurance 2014 on the responsibilities of the employer:
“first. Prepare dossiers for employees to granted social insurance books, pay, and enjoy social insurance.
2. To pay social insurance premiums according to the provisions of Article 86 and to make monthly deductions from the employee’s salary as prescribed in Clause 1, Article 85 of this Law to simultaneously contribute to the social insurance fund.
6. Provide accurate, complete, and timely information and documents related to the payment and enjoyment of social insurance at the request of competent state management agencies, and social insurance agencies.
7. Every 6 months, publicly post information on the payment of social insurance premiums for employees; provide information about employees’ social insurance contributions when requested by employees or trade unions then.
8. Every year, publicly post up information on social insurance premiums of employees provided by the social insurance agency according to the provisions of Clause 7 Article 23 of this Law then.”
Thus, the company required to pay insurance for employees when entering into a fixed-term labor contract
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Related questions
Equal to 65% of the salary on which social insurance premiums are based on the preceding month; before retiring if he has paid social insurance premiums for the full 30 years or more. Equal to 55% of the salary on which social insurance premiums are based on the preceding month; before retiring if the social insurance premium has been paid from the full 15 years to less than 30 years. Equal to 50% of the salary on which social insurance premiums are based on the preceding month; before leaving work if the social insurance premium has been paid for less than 15 years then.
Dossier to apply for a one-time social insurance withdrawal need to prepare the following documents: – Social insurance book; – An application form for one-time social insurance benefits; – In addition, when you come to submit your application, you need to bring your household registration book/temporary residence document; and identity card/identity card then.
1. Firstly, the Social insurance book.
2. Secondly, Hospital discharge papers or copies of medical records after treatment for occupational diseases; In case of not receiving inpatient treatment at a medical examination and treatment establishment, an occupational disease examination certificate is required then.
3. Thirdly, Minutes of assessment of working capacity decreased by the Medical Assessment Council;
4. Finally, A written request for settlement of occupational disease regime according to the form issued by the Vietnam Social Insurance after reaching an agreement with the Ministry of Labor, War Invalids, and Social Affairs.
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