Can I apply for re-issuance of a discharge note when I lose it? What are the penalties for the employee who buys a discharge note to enjoy sickness benefits?
What documents are included in the application for sickness benefits in Vietnam?
Pursuant to Article 4 of Procedures for processing of applications for social insurance benefits, and payment of social insurance and unemployment insurance benefits enclosed with Decision 166/QD-BHXH of Vietnam in 2019 stipulating as follows:
“Article 4. Receiving applications and returning application processing results
2. Receive paper documents submitted by employers as regulated in Points 2.1, 2.2, 2.4 of this Clause and those submitted by workers or their relatives as regulated in Point 2.3 of this Clause. To be specific:
2.1.1. For inpatient treatment:
a) The copy of the discharge note of the worker or his/her child aged under 7 years. In case a patient died at the health facility, the death certificate shall be submitted. If the death certificate does not include dates of hospitalization, other documents issued by the health facility must be submitted.
b) If a patient moves to a higher-level hospital during his/her inpatient treatment, the copy of the medical referral certificate or hospital transfer certificate must be submitted.
2.1.2. For outpatient treatment: The original of the confirmation of eligibility to receive social insurance benefits. Where both parents must be off work to take care of their child, the confirmation of eligibility to receive social insurance benefits of either father or mother may be the copy; or the discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment.”
Thus, according to the above regulations, in case you are treated as an inpatient, you will be required to have a discharge note to enjoy the sickness regime.
Can I apply for re-issuance of a discharge note when I lose it?
Pursuant to Clause 5, Article 26 of Circular 56/2017/TT-BYT of Vietnam stipulating as follows:
“Article 26. Responsibility of health facilities
5. Health facilities issuing discharge notes, birth certificate, confirmation of maternity leave, confirmation of poor postpartum health and confirmation of eligibility to receive social insurance benefits shall:
a) Re-issue the discharge notes, birth certificate, confirmation of maternity leave, confirmation of poor postpartum health and confirmation of eligibility to receive social insurance benefits in the following cases:
- It is lost or broken;
- The person signing the confirmations is ultra-vires;
- The seals appended on the confirmations are invalid;
- Information recorded on the discharge notes, birth certificate, confirmation of maternity leave, confirmation of poor postpartum health or confirmation of eligibility to receive social insurance benefits is incorrect.
In case of re-issuance, a “re-issuance’ seal shall be appended on the discharge notes, birth certificate, confirmation of maternity leave, confirmation of poor postpartum health and confirmation of eligibility to receive social insurance benefits.”
Thus, according to the above provisions, referring to your case; In case you lose your discharge note, you can still apply for a new one to get the sickness regime resolved.
What are the penalties for the employee who buys a discharge note to enjoy sickness benefits?
What are the penalties for the employee who buys a discharge note to enjoy sickness benefits?
Pursuant to the provisions at Point a, Clause 1, Article 40 of Decree 12/2022/ND-CP of Vietnam as follows:
“Article 40. Violations against regulations on preparation of application and documentation requirements for enjoyment of social insurance and unemployment insurance benefits
1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for commission of one of the following violations:
a) Making untruthful declarations, or altering, erasing or falsifying information related to payment of insurance premiums or enjoyment of social insurance and unemployment insurance benefits, if not liable to criminal prosecution;
b) Failing to notify the employment service center as prescribed when the employee has got a job within 15 working days from the date of submission of application for unemployment benefits;
c) As a beneficiary of unemployment benefits, he/she fails to send the required notifications to the employment service center in one of the following cases: he/she has got a job; he/she is performing military or public security service; he/she receives monthly retirement pensions; or he/she is attending a training course for a full period of at least 12 months.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 per application but not exceeding VND 75.000.000 shall be imposed upon an employer for forging or falsifying applications for social insurance and unemployment insurance benefits for profiteering such insurance benefits, if not liable to criminal prosecution.
3. Remedial measures
The employer that commits any of the violations in Clauses 1 and 2 of this Article is compelled to return the received amounts of social insurance benefits, unemployment benefits, or financial support for provision of training or retraining for improving occupational skills for employees to social insurance authorities.”
Thus, in case you buy a discharge note outside to submit an application for sickness benefits, you will be fined from VND 1,000,000 to VND 2,000,000; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
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