An employee commuting in the morning is injured in a traffic accident on the way from home to the office and must take weeks off for treatment. Does this count as a work accident entitling them to work-accident benefits, or only sickness benefits? The answer changed on 01/7/2025 — this article analyzes the issue under the 2024 Law on Social Insurance and the official guidance of the Ministry of Home Affairs.
The key answer (from 01/7/2025)
An accident on the way to work (on a reasonable route and within a reasonable time) → the employee is entitled to SICKNESS benefits, not work-accident benefits.
- Basis: Article 42.1(c), Law on Social Insurance 41/2024/QH15 (effective 01/7/2025): an employee taking leave for treatment after an accident while traveling from home to work or from work to home on a reasonable route and within a reasonable time under occupational safety and health law → entitled to sickness benefits.
- Official guidance of the Ministry of Home Affairs (reply on chinhsachonline.chinhphu.vn): a case resolved under sickness benefits is not entitled to work-accident insurance benefits under the Law on Occupational Safety and Health — i.e., no concurrent entitlement to both regimes, and the case is not treated as a work accident.
Conditions for sickness benefits
- The employee takes leave for treatment with certification from a competent medical facility.
- The accident occurred on a reasonable route and within a reasonable time — determined from the traffic accident file and route/time confirmation; submitted to the Department of Home Affairs for guidance (per the Ministry’s reply).
- Detours, personal errands, or accidents outside normal working hours are assessed by the work-accident investigation authority and the social insurance agency on the investigation record — there is no rigid formula for every case.
Maximum sickness benefit duration per year
Under Article 43 of the 2024 Law on Social Insurance (counted in working days, excluding public holidays and weekly rest days), under normal working conditions:
- 30 days for under 15 years of compulsory social insurance contributions;
- 40 days for 15 to under 30 years;
- 60 days for 30 years or more.
Cases excluded from sickness benefits (Article 42.2)
- Self-inflicted injury;
- Illegal use of narcotics or drug precursors (except prescribed medication);
- During the initial leave for treatment and functional rehabilitation for a work accident or occupational disease;
- Overlapping with statutory leave, paid leave, maternity leave, or convalescence leave.
Important note: the old interpretive layer still exists in the text
Article 45.1(c) of the Law on Occupational Safety and Health 84/2015/QH13 remains in force in text as of 14/10/2026 (not yet amended or replaced; the amendment project is only at the Government-approval stage under Resolution 275/NQ-CP of 17/9/2026, not yet before the National Assembly). That provision once treated commuting accidents as work accidents where working-capacity loss reached 5% or more.
However, under the latest instrument (the 2024 Law on Social Insurance, effective 01/7/2025) and the official guidance of the Ministry of Home Affairs, commuting accidents are resolved under the sickness regime without work-accident insurance benefits. Because the textual layers point in different directions, specific cases should be checked against the latest guidance or legal counsel — this article makes no absolute claim for every situation.
Application dossier
- Traffic accident file and documents confirming the reasonable route and time;
- Medical certificate of treatment leave from a competent facility;
- Submit to the Department of Home Affairs for guidance (per the Ministry of Home Affairs’ reply).
Applicable legal framework (as of 14/10/2026)
| Instrument | Number | Effective | Status |
|---|---|---|---|
| Law on Social Insurance | 41/2024/QH15 (replacing Law 58/2014/QH14) | 01/7/2025 | In force |
| Law on Occupational Safety and Health | 84/2015/QH13 | 01/7/2016 | In force in text (old layer at Art. 45.1(c)) |
| Decree guiding compulsory social insurance | 158/2025/ND-CP (replacing Decrees 115/2015 and 143/2018) | 01/7/2025 | In force |
| Ministry of Home Affairs guidance | Reply on chinhsachonline.chinhphu.vn | — | Guidance value |
Note: Law on Social Insurance 58/2014/QH14 expired on 01/7/2025 — it can no longer be cited as current law.
Practical recommendations
- Employees injured while commuting: keep the traffic accident file, treatment certificates, and evidence of the route and travel time.
- Employers: guide employees through sickness-benefit procedures; do not unilaterally apply the work-accident regime to these cases.
- For complex cases (detours, personal errands), check the latest guidance of the Ministry/Department of Home Affairs or consult a lawyer.
FAQ
Is a commuting accident treated as a work accident? From 01/7/2025, under the 2024 Law on Social Insurance and the Ministry of Home Affairs’ guidance: no — these cases are resolved under sickness benefits, not work-accident insurance.
Can both sickness and work-accident benefits be claimed together? No. The Ministry of Home Affairs confirms no concurrent entitlement for these cases.
How is a “reasonable route and time” determined? From the traffic accident file and route/time confirmation; assessed by the work-accident investigation authority and the social insurance agency on the investigation record of each case.
What did the law say before? Article 45.1(c) of the 2015 Law on Occupational Safety and Health once treated commuting accidents as work accidents where working-capacity loss reached 5% or more. That is the old layer; the latest instrument (2024 Social Insurance Law) and Ministry guidance point to the sickness regime.
Sources
- Law on Social Insurance 41/2024/QH15, effective 01/7/2025: Art. 42.1(c), 42.2; Arts. 43, 45.
- Law on Occupational Safety and Health 84/2015/QH13, effective 01/7/2016: Art. 45 (old layer).
- Decree 158/2025/ND-CP guiding compulsory social insurance, effective 01/7/2025.
- Official reply of the Ministry of Home Affairs on chinhsachonline.chinhphu.vn on concurrent sickness and work-accident benefits.
Related articles
- Fatal Workplace Accidents in Vietnam: When Can an Employer Face Criminal Prosecution?
- Social Insurance for Chinese Working in Vietnam and Vice Versa
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This article provides general legal information and does not replace legal advice for any specific case. Content has been QA-reviewed by the AI Legal Council; it was not reviewed by a human lawyer.
