Circular No. 28/2021/TT-BLĐTBXH dated December 28th, 2021 of the Ministry of Labor, Invalids and Social Affairs on elaborating certain Articles of the Law on Occupational Safety and Hygiene in terms of Benefits for workers suffering from Occupational Accidents or Occupational Diseases

This Circular elaborates new regulations on compensation and benefits for workers suffering from occupational accidents or diseases, applicable from March 1st, 2022.

In comparison with the current regulations, compensation and benefits for occupational accidents regulated in this Circular are neither increased nor decreased. The details are provided at the table of compensation rates at Appendix I

However, salary as the basis for calculation of compensation and benefits for occupational accidents shall include other additional amounts that two parties has confirmed in the employment contract.

In addition, the Circular also specifies that in case a worker who enters into employment contracts with multiple employers has an occupational accident or disease, the unit at which the worker is assigned tasks that leading to the occupational accident or disease must be responsible for making the application for enjoyment of benefits in terms of the occupational accident or disease for the worker.

In case a worker who enters into employment contracts with multiple employers has an occupational accident on the way from a workplace of a unit to another unit, in the period of appropriate period and way, and the accident is determined that is entitled to occupational accident benefits, the unit at which the worker goes to work is determined as the unit where the worker has the accident and the employer of that unit must be responsible for making the application for providing benefits in terms of the occupational accident for the worker.

This Circular takes effect from March 1st, 2022.

To replace Circular No. 04/2015/TT-BLDTBXH dated February 2nd, 2015 and Circular No. 26/2017/TT-BLDTBXH dated September 20th, 2017.