The Ministry of Home Affairs is seeking policy consultation on the draft Amended Law on Occupational Safety and Health, proposing to expand the coverage of occupational accident and disease insurance to accommodate various new forms of employment. Currently, employers fully cover contributions to this fund, amounting to 0,5% of the monthly salary used as the basis for social insurance contributions.

Elderly people in Hanoi cycling in Dong Kinh Nghia Thuc Square. Photo: Ngoc Thanh

Specifically, individuals currently receiving pensions, social insurance benefits, or monthly allowances who continue working under indefinite-term contracts or contracts lasting one month or more, even if named differently but involving paid work and management by one party, will have mandatory occupational accident and disease insurance paid by their employer.

According to the Law on Social Insurance 2024, if a retiree receiving monthly benefits signs a new labor contract, neither the individual nor the employer is required to contribute to mandatory social insurance for this additional working period. Although not required to contribute, these retirees would still have their financial benefits from these insurance schemes ensured, receiving the corresponding amounts directly in their monthly income instead of having contributions deducted and paid into a fund.

The drafting agency plans to expand mandatory social insurance for occupational accidents to include certain groups without formal labor relations but operating through platforms, such as tech drivers and tech delivery personnel, along with other groups specified by the Government. This policy aims to create a legal basis for protecting these newly emerging groups, thereby improving the mechanism for utilizing the fund to enhance prevention and risk sharing.

The Ministry of Home Affairs also proposes replacing the base salary with a reference salary, set at 1,2 times the base salary. This provision grants the Government the authority to regulate this, contributing to an increase in insurance benefits for those affected by occupational accidents and diseases.

As of 4/2025, over 17,3 million people participated in occupational accident and disease insurance, with an average monthly salary of 7,3 million VND used as the contribution basis. This fund is utilized for: injury and illness assessment fees due to occupational accidents and diseases; assessment fees for individuals proactively checking their work capacity reduction; lump-sum and monthly allowances; support for living aids and orthopedic devices; convalescence and health rehabilitation; and vocational retraining support for those affected by occupational accidents and diseases when they return to work.

The draft law is expected to be submitted to the National Assembly for consideration and approval during its October session, with an effective date of 1/3/2027.

Hong Chieu