Vietnam: Are people's army officers and people's police officers who have labor accidents entitled to sick benefits?
- Are Vietnam people's army officers and people's police officers who have labor accidents entitled to sick benefits in Vietnam?
- What is the duration of the sick regime of officers of the people's army and people's police in Vietnam?
- How much will officers in the Vietnam people's army and people's police in Vietnam be entitled to?
Are Vietnam people's army officers and people's police officers who have labor accidents entitled to sick benefits in Vietnam?
Pursuant to Article 25 of the Law on Social Insurance of Vietnam 2014 stipulates as follows:
Article 25. Conditions for enjoying the sickness benefits
1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.
2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
Accordingly, in case of leaving work due to illness but not a labor accident, it is necessary to meet the conditions for enjoying the sickness regime.
Therefore, in case the people's army officer or people's police officer has a labor accident, he/she will not be entitled to the sickness regime.
Vietnam: Are people's army officers and people's police officers who have labor accidents entitled to sick benefits?
What is the duration of the sick regime of officers of the people's army and people's police in Vietnam?
Pursuant to Article 26 of the Law on Social Insurance of Vietnam 2014, it provides as follows:
Article 26. Period of enjoying the sickness benefits
1. The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:
a/ For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;
b/ For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.
2. For employees who take leave due to diseases on the Ministry of Health-issued list of diseases requiring long-term treatment, the period of enjoying the sickness benefits is specified as follows:
a/ 180 days at most in a year, including public holidays, New Year holidays and weekends;
b/ If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.
3. The period of enjoying the sickness benefits for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.
Accordingly, in case the people's army officer or people's police officer quits his job under the sick regime, the time to enjoy the sick regime will be calculated according to the time of treatment at the medical examination and treatment facility.
Thus, the law does not specify the duration of sick treatment of officers of the people's army and people's police.
How much will officers in the Vietnam people's army and people's police in Vietnam be entitled to?
Pursuant to Article 28 of the Law on Social Insurance of Vietnam 2014, it provides as follows:
Article 28. Allowance levels of the sickness benefits
1. Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;
b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;
c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.
3. For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.
4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.
Clause 3, Article 26 of the 2014 Law on Social Insurance of Vietnam provides as follows:
Article 26. Period of enjoying the sickness benefits
...
3. The period of enjoying the sickness benefits for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.
Referring to Point dd Clause 1, Article 2 of the Law on Social Insurance of Vietnam 2014 stipulates as follows:
Article 2. Subjects of application
1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
…
dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
Based on all the above provisions, officers in the people's army and people's police will receive a sickness benefit equal to 100% of the social insurance contribution salary of the preceding month before he or she quits his or her job to enjoy the sickness regime.
LawNet
