How are the forms for issuing the certificate of leave for social insurance benefits regulated? What are the principles for issuing the certificate of leave for social insurance benefits?
How is the form of issuance of the certificate of leave for social insurance benefit regulated?
The form of issuance of the certificate of leave for social insurance benefit is regulated under Article 21 of Circular 56/2017/TT-BYT (amended by Clause 14, Article 1 of Circular 18/2022/TT-BYT) as follows:
- For cases where the employee or the employee’s child under 07 years old is undergoing inpatient treatment: Discharge paper according to the template specified in Appendix 3 issued together with Circular 18/2022/TT-BYT.
In cases involving hospital transfers during treatment, a valid copy of the referral paper is required.
If the patient dies at a medical treatment facility, a discharge paper is not required.
The execution of social insurance benefits for the period during which the patient was treated at the medical treatment facility before death is based on the time recorded on the death certificate as prescribed in Circular 24/2020/TT-BYT on regulations for death diagnosis form, issuance of death certificates, and death statistics at medical treatment facilities.
- For cases where the employee or the employee’s child under 07 years old is undergoing outpatient treatment: the certificate of leave for social insurance according to the template specified in Appendix 7 issued together with Circular 18/2022/TT-BYT.
- For cases where the patient needs to take leave for outpatient treatment after being discharged from the hospital, the Social Insurance agency will base the number of days off recorded in the comments section of the discharge paper to process social insurance benefits accordingly.
How is the form of issuance of the certificate of leave for social insurance benefit regulated? What are the principles for issuing the certificate of leave for social insurance benefit?
How is the certificate of leave for social insurance benefit regulated? Guidelines for writing the certificate of leave for social insurance benefit?
The form and guidelines for writing the certificate of leave for social insurance benefit comply with the regulations specified in Appendix 7 issued together with Circular 18/2022/TT-BYT.
- The starting date of leave is recorded from the date the patient visits the medical treatment facility;
- The date in the "date, month, year" field beneath the practitioner's signature on the certificate of leave for social insurance benefit shall be recorded as follows:
+ The date of completion of the medical examination or treatment;
+ The date the medical treatment facility issues the certificate of leave for social insurance benefit in case the employee requests for re-issuance as prescribed;
- In case of re-issuance, the word “RE-ISSUED” must be indicated on the certificate of leave for social insurance benefit.
- Recording long-term illness codes and names on the certificate of leave for social insurance benefit and discharge paper must conform to Circular 46/2016/TT-BYT. on issuing the List of Diseases Requiring Long-term Treatment.
If the disease code on the certificate of leave for social insurance benefit or discharge paper matches the disease code stipulated in Circular 46/2016/TT-BYT but the disease name does not match, the disease shall be resolved according to the disease code stipulated in Circular 46/2016/TT-BYT.
What are the principles for issuing the certificate of leave for social insurance benefit?
Based on the provisions of Article 20 of Circular 56/2017/TT-BYT (amended by Clause 12, Article 1 of Circular 18/2022/TT-BYT):
Principles for issuing the certificate of leave for social insurance benefit
1. The issuance of the certificate of leave for social insurance benefit must comply with the following requirements:
a) Issued by a licensed medical treatment facility. The practicing professional at the facility is authorized to sign the certificate of leave for social insurance benefit as assigned by the head of the medical treatment facility;
b) Consistent with the professional scope of the medical treatment facility issuing the certificate of leave for social insurance benefit as approved by the competent authority;
c) In line with the health condition of the patient and the guidance of the Minister of Health.
2. Only one certificate of leave for social insurance benefit is issued for one medical examination. If the patient needs a longer leave exceeding 30 days, when the leave period on the previously issued certificate is nearly finished, the patient must re-examine for the practicing professional to consider and decide.
If employees are examined by more than one specialist from different medical treatment facilities in the same period and receive more than one certificate of leave for social insurance benefit, they are only entitled to the certificate with the longest leave period.
If employees undergo multiple specialist examinations for different ailments on the same day at the same medical treatment facility, only one certificate of leave for social insurance benefit is issued, and social insurance benefits are granted for the ailment with the highest policies.
For patients undergoing treatment for tuberculosis under the National Tuberculosis Control Program, the maximum leave period granted is 180 days per single issuance of the certificate of leave for social insurance benefit.
For employees experiencing miscarriage, abortion, curettage, aspiration, or stillbirth where the gestational age is 13 weeks or older, the maximum leave period granted per single issuance of the certificate of leave for social insurance benefit is as regulated by the Law on Social Insurance but not exceeding 50 days.
3. Practicing professionals at licensed medical treatment facilities are authorized to sign the certificate of leave for social insurance benefit; if the medical treatment facility is not a legal entity, the practicing professional must register their signature sample with the Social Insurance agency.
Currently, the issuance of the certificate of leave for social insurance benefit must meet the above-stated requirements and principles.
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