Legal Basis
The 2015 Law on Occupational Safety and Hygiene (LOSH) establishes a comprehensive framework for ensuring safe working environments and protecting employees against occupational risks. Employers are obligated to (i) implement occupational safety and hygiene measures; (ii) provide training and protective equipment; (iii) purchase compulsory insurance for occupational accidents and diseases; and (iv) compensate workers when accidents occur. These obligations apply equally to both Vietnamese and foreign workers under employment contracts in Vietnam.
Employer Obligations
- Ensuring Safe Conditions: Employers must regularly assess workplace risks, implement preventive measures, and provide employees with training on occupational safety. Foreign workers are entitled to these protections without distinction.
- Insurance Coverage: Enterprises are required to contribute to the insurance fund for occupational accidents and diseases administered by Vietnam Social Security. This coverage extends to foreign employees who meet the conditions set under Decree No. 143/2018/ND-CP, which made social insurance mandatory for foreign nationals with work permits from 2022 onward.
- Compensation and Benefits: In cases of occupational accidents or diseases, employers must pay compensation irrespective of whether the accident was caused by the employer’s fault, in addition to insurance-based benefits where applicable.
Barriers for Foreign Workers
While the law provides equal coverage, foreign workers may face practical challenges in exercising their rights:
- Procedural Complexity: Claims for compensation often require documentation and medical certification in Vietnamese, creating obstacles for non-Vietnamese speakers.
- Residency and Employment Status: Foreign workers whose work permits expire during treatment or claim procedures may lose eligibility or face difficulties in continuing the process.
- Limited Awareness: Many foreign workers are unaware of their rights under the LOSH and social insurance law, relying heavily on employers for information and compliance.
- Employer Non-Compliance: Some employers fail to register foreign workers for compulsory insurance, particularly in small and medium-sized enterprises, effectively depriving them of benefits.
Reform Directions
To ensure effective protection for foreign workers, Vietnam could consider:
- Streamlined Claim Procedures: Introduce bilingual (Vietnamese-English) forms and clearer guidance for occupational accident claims involving foreign nationals.
- Enforcement Mechanisms: Strengthen labor inspections targeting enterprises with foreign workers to ensure compliance with insurance registration obligations.
- Awareness Programs: Develop outreach campaigns in multiple languages to inform foreign workers of their occupational safety rights.
- Protection During Residency Transition: Amend regulations to ensure that accident compensation and benefits are not disrupted by expiration of work permits or residence status.
Conclusion
The Law on Occupational Safety and Hygiene 2015 provides a strong framework that, in principle, guarantees equal safety standards and compensation rights for foreign and domestic workers. However, barriers in enforcement, awareness, and administrative procedures limit the realization of these rights for foreign employees. Addressing these shortcomings is essential for Vietnam to build a safe and equitable labor environment consistent with international labor standards.
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Nguyễn Hiền Mai