Proposal for 3-month allowance for people with occupational accidents residing abroad
The draft revised Law on Social Insurance proposes that people who are receiving monthly work accident and occupational disease allowances to settle abroad be entitled to a one-time allowance.
According to the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH), the Government proposes to amend a number of regulations related to the regime of occupational accidents and diseases.
Clause 32, Article 1 of the draft Law proposes to amend and supplement a number of contents of Article 139 of the 2024 Law on Social Insurance, which includes regulations amending Clause 5, Article 49 of the Law on Occupational Safety and Health.
According to the draft content, people who are receiving monthly work accident and occupational disease allowances when going abroad for settlement are entitled to a one-time allowance.
The one-time allowance level is equal to 3 months of the current allowance level.
The draft also stipulates that dossiers and procedures for resolving one-time allowances are implemented according to the provisions of the law on social insurance.
Thus, the one-time allowance mentioned in the draft is calculated based on the monthly occupational accident and disease allowance that the beneficiary is receiving.
In addition to this content, the draft also proposes to amend regulations on temporary suspension and continued enjoyment of monthly occupational accident and disease allowances and service allowances.
Accordingly, the temporary suspension and continued enjoyment of these allowances are implemented according to Article 75 of the Law on Social Insurance; dossiers and procedures for resolving the continued enjoyment of monthly work accident and occupational disease allowances are implemented according to the provisions of social insurance law.
The draft also mentions the implementation of dossiers for enjoying death benefits in cases where employees die due to occupational accidents or occupational diseases.
The amended contents proposed by the Government are aimed at ensuring consistency between legal regulations related to social insurance and occupational accident and disease regimes.
The draft Law is expected to take effect from March 1, 2027 if approved by the National Assembly.
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