Do private hospitals in Vietnam have the right to issue a confirmation of eligibility to receive social insurance benefits for female employees upon miscarriage?
- Is it possible for Vietnamese female employees to be granted confirmation of eligibility to receive social insurance benefits upon miscarriage?
- What is the dossier for enjoyment of the maternity benefits for Vietnamese female employees who have miscarriages?
- Do private hospitals in Vietnam have the right to issue a confirmation of eligibility to receive social insurance benefits for female employees upon miscarriage?
Is it possible for Vietnamese female employees to be granted confirmation of eligibility to receive social insurance benefits upon miscarriage?
Pursuant to Clause 1, Article 33 of the Law on Social Insurance 2014 has the following provisions:
Leave period upon miscarriage, abortion, stillbirth or pathological abortion
1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:
a/ 10 days, for pregnancy of under 5 weeks;
b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks or more.
2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.
Thus, Vietnamese female employees shall receive the confirmation of eligibility to receive social insurance benefits upon miscarriage. The period of leave is specified above.
Do private hospitals in Vietnam have the right to issue a confirmation of eligibility to receive social insurance benefits for female employees upon miscarriage? (Image from the Internet)
What is the dossier for enjoyment of the maternity benefits for Vietnamese female employees who have miscarriages?
Pursuant to Article 101 of the Law on Social Insurance 2014 has the following provisions:
Dossier for enjoyment of the maternity benefits
1. A dossier for a female employee to enjoy the maternity benefits must comprise:
a/ A copy of the birth registration certificate or birth certificate of the child;
b/ A copy of the child’s death certificate, in case the child dies, or copy of the mother’s death certificate, in case the mother dies in childbirth;
c/ A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;
d/ An extract of the mother’s medical record or hospital discharge paper in case the child dies after birth without being granted the birth certificate;
dd/ A competent health establishment’s certificate stating that the female employee has to take leave for pregnancy care, in the case specified in Clause 3, Article 31 of this Law.
2. Female employees who have prenatal checks-up, miscarriage, abortion, stillbirth or pathological abortion, or employees who apply contraceptive measures specified in Clause 1, Article 37 of this Law shall produce a certificate of their leave under the social insurance benefits, in case of outpatient treatment, or an original or a copy of the hospital discharge paper, in case of inpatient treatment.
3. Employees who adopt under-6-month children shall produce a child adoption certificate.
4. Male employees who wish to take leave due to their wives’ childbirth shall produce a copy of the child’s birth certificate or birth registration certificate, and a health establishment’s certificate, in case their wives have a surgical birth or give birth to children under 32 weeks of pregnancy.
5. The employer-made list of employees taking leave for enjoyment of the maternity benefits.
Accordingly, in case of miscarriage, female employees must have a certificate of their leave under the social insurance benefits, in case of outpatient treatment, or an original or a copy of the hospital discharge paper, in case of inpatient treatment.
Do private hospitals in Vietnam have the right to issue a confirmation of eligibility to receive social insurance benefits for female employees upon miscarriage?
Pursuant to Clause 1, Article 20 of Circular 56/2017/TT-BYT has the following provisions:
Rules for issuance of confirmation of eligibility to receive social insurance benefits
1. The issuance of confirmation of eligibility to receive social insurance benefits shall comply with the following regulations:
a) Be issued by a licensed health facility. Practitioners at such health facility may sign the confirmation of eligibility to receive social insurance benefits as authorized by the head of such facility;
b) Be appropriate with the scope of operation of the health facility that issues the confirmation which is approved by a competent authority;
c) Be appropriate with the patient’s medical condition and professional instructions of the Minister of Health.
Accordingly, the issuance of confirmation of eligibility to receive social insurance benefits shall comply with the following regulations:
- Be issued by a licensed health facility.
Practitioners at such health facility may sign the confirmation of eligibility to receive social insurance benefits as authorized by the head of such facility;
- Be appropriate with the scope of operation of the health facility that issues the confirmation which is approved by a competent authority;
- Be appropriate with the patient’s medical condition and professional instructions of the Minister of Health.
Thus, the case of medical examination and treatment at a private hospital can still be accepted if all of the above conditions are satisfied, regardless of public or private hospitals.
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