1. Eligibility for Occupational Disease Benefits
Pursuant to Article 46 of the Law on Occupational Safety and Hygiene 2015, an employee participating in occupational accident and occupational disease insurance shall be entitled to occupational disease benefits if all of the following conditions are met:
- The employee suffers from an occupational disease included in the List of Occupational Diseases prescribed under Article 3 of Circular No. 60/2025/TT-BYT.
- The employee experiences a reduction in working capacity of at least 5% due to such occupational disease.
Note: Employees who have retired or are no longer engaged in occupations or jobs exposed to occupational disease risks under the List of Occupational Diseases promulgated by the Minister of Health, but are diagnosed with an occupational disease within the prescribed period, are eligible for medical assessment to determine entitlement to benefits in accordance with Government regulations.
2. Dossier for Occupational Disease Benefits
Pursuant to Article 58 of the Law on Occupational Safety and Hygiene 2015 (as guided in Section 8, Appendix I issued together with Decision No. 2222/QD-BHXH of 2025), the application dossier varies depending on the specific case.
2.1. First-Time Occupational Disease Cases
The dossier includes:
(i) Minutes of Medical Assessment on Working Capacity Reduction issued by the Medical Assessment Council, or a copy of the Certificate of HIV/AIDS Infection Due to Occupational Accidents in cases of occupational HIV infection (equivalent to a 61% reduction in working capacity). Where the assessed reduction exceeds 61%, a Medical Assessment Report must be submitted.
(ii) Copy of the hospital discharge paper or extract of medical records following inpatient treatment for the occupational disease.
(iii) In cases without inpatient treatment, an Occupational Disease Examination Certificate.
(iv) Prescription or recommendation from a medical examination and treatment facility, orthopedic facility, or rehabilitation center regarding assistive devices (if any).
(v) Form No. 05A-HSB – Request for Settlement of Occupational Disease Benefits (issued together with Decision No. 2222/QD-BHXH of 2025).
(vi) Medical assessment fee invoices and supporting documents, together with an itemized statement of assessment services (where reimbursement of medical assessment costs is requested).
2.2. Employees Diagnosed with Occupational Diseases After Transferring to Another Employer
2.2.1. Retired or Resigned Employees
The dossier includes:
(i) Application for Occupational Disease Benefits (Form No. 01 issued together with Decree No. 88/2020/ND-CP).
(ii) Minutes of Medical Assessment on Working Capacity Reduction.
(iii) Medical assessment fee invoices and supporting documents (if reimbursement is requested).
(iv) Prescription or recommendation regarding assistive devices or orthopedic equipment (if any).
2.2.2. Employees Currently Working for Another Employer
The dossier includes:
(i) Form No. 05A-HSB – Request for Settlement of Occupational Disease Benefits submitted by the current employer.
(ii) Minutes of Medical Assessment on Working Capacity Reduction.
(iii) Medical assessment fee invoices and supporting documents (if reimbursement is requested).
(iv) Prescription or recommendation regarding assistive devices or orthopedic equipment (if any).
2.3. Recurrent Occupational Disease Cases
The dossier includes:
(i) Application Form No. 14-HSB issued together with Decision No. 2222/QD-BHXH of 2025.
(ii) Social Insurance Book (where the insurance contribution period has been preserved but no data exists in the system or no social insurance code has been issued).
(iii) Workplace environmental monitoring and measurement results (for cases discharged before 1 July 2016 and previously not meeting benefit eligibility conditions).
(iv) Previous Medical Assessment Report.
(v) Re-assessment Report on Working Capacity Reduction following treatment of the recurrent disease.
(vi) Recommendation regarding assistive devices (if any).
(vii) Medical assessment fee invoices and supporting documents (where reimbursement is requested).
2.4. Combined Assessment Cases
Where an employee who has already suffered from an occupational disease subsequently develops another occupational disease, the dossier includes:
(i) Copy of the hospital discharge paper or extract of medical records from the latest inpatient treatment.
(ii) Workplace environmental monitoring and measurement results (where applicable).
(iii) Combined Medical Assessment Report on Working Capacity Reduction.
(iv) Recommendation regarding assistive devices (if any).
(v) Form No. 05A-HSB regarding the most recent occupational disease; where a previous occupational disease occurred at another employer but benefits have not yet been settled, an additional request from that employer is required.
(vi) Medical assessment fee invoices and supporting documents (if reimbursement is requested).
2.5. Convalescence and Health Rehabilitation After Occupational Disease
Form No. 01B-HSB prepared by the employer.
2.6. Provision of Assistive Devices and Orthopedic Equipment for Persons Receiving Occupational Disease Benefits Before 1 January 2007
Invoices and supporting documents for the purchase of assistive devices and travel expenses incurred in obtaining such devices (if any).
3. Procedures for Settlement of Occupational Disease Benefits
- The employer shall submit the dossier to the social insurance authority within 30 days from the date of receiving a complete dossier from the employee.
- Within 10 days from receipt of a complete dossier, the social insurance authority must process the claim. If the claim is rejected, written notice stating the reasons must be provided.
(Article 59 of the Law on Occupational Safety and Hygiene 2015)
4. Occupational Disease Benefits
Depending on the degree of working capacity reduction determined through medical assessment, employees may be entitled to the following benefits under Articles 48, 49, 52, and 53 of the Law on Occupational Safety and Hygiene 2015 (as amended by the Law on Social Insurance 2024).
4.1. Lump-Sum Allowance
Applicable to employees with a working capacity reduction from 5% to 30%.
The allowance is calculated as follows:
- A 5% reduction entitles the employee to five times the statutory base salary; each additional 1% reduction entitles the employee to an additional 0.5 times the base salary.
- An additional allowance is paid based on contributions to the Occupational Accident and Occupational Disease Insurance Fund: 0.5 month of salary for contributions of up to one year, plus 0.3 month of salary for each additional year.
4.2. Monthly Allowance
Applicable to employees with a working capacity reduction of 31% or more.
The allowance is calculated as follows:
- A 31% reduction entitles the employee to 30% of the statutory base salary; each additional 1% reduction entitles the employee to an additional 2% of the base salary.
- An additional monthly allowance is calculated based on years of contribution to the Occupational Accident and Occupational Disease Insurance Fund.
4.3. Attendance Allowance
Employees with a working capacity reduction of 81% or more who suffer from spinal paralysis, total blindness, loss or paralysis of both limbs, or mental illness are entitled to an additional monthly attendance allowance equal to the statutory base salary.
4.4. Death Benefit
Where an employee dies due to an occupational disease while employed, during first-time treatment, or during treatment before an assessment of working capacity reduction is conducted, the employee’s relatives are entitled to:
- A lump-sum benefit equal to 36 times the statutory base salary applicable in the month of death; and
- Survivorship benefits in accordance with the Law on Social Insurance 2024.
5. Commencement of Occupational Disease Benefits
- Lump-sum allowances, monthly allowances, and attendance allowances are payable from the month in which the employee completes treatment and is discharged from hospital, or from the month of the Medical Assessment Council’s conclusion if inpatient treatment is not required.
- For combined assessments, benefits are payable from the month of discharge following treatment for the most recent occupational disease, or from the month of the combined assessment conclusion.
- Where the date of stabilization or discharge cannot be determined, benefits commence from the month of the Medical Assessment Council’s conclusion.
- For HIV/AIDS infection due to occupational accidents, benefits commence from the month in which the employee is issued a Certificate of Occupational HIV/AIDS Infection.
(Article 50 of the Law on Occupational Safety and Hygiene 2015)
6. Funding for Assistive Devices and Orthopedic Equipment
In addition to the allowances described above, employees suffering from occupational diseases that impair bodily functions may receive funding for the purchase of assistive devices and orthopedic equipment in accordance with prescribed replacement cycles, based on the employee’s medical condition and the recommendation of qualified medical examination, treatment, orthopedic, or rehabilitation facilities, pursuant to Article 51 of the Law on Occupational Safety and Hygiene 2015.
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