Vietnam: What documents must be prepared if a public employee wishes to undergo a medical assessment to retire at an older age according to current regulations?
What documents must be prepared if a public employee wishes to undergo a medical assessment to retire at an older age?
Pursuant to the provisions of Clause 3, Article 5 of Circular No. 56/2017/TT-BYT, as amended by Clause 3, Article 1 of Circular No. 18/2022/TT-BYT as follows:
Documents of first medical assessment in Vietnam
...
3. Documents of medical assessment as the basis for provision of pension for a worker:
a) Letter of introduction for assessment of the employer according to Annex 1 enclosed herewith in case the worker is paying compulsory social insurance or the application for medical assessment according to Annex 2 enclosed herewith in case of workers whose social insurance participation period is reserved and retired workers pending pension or monthly benefits, in which the worker self-declares in the application form the injury or illness requested for assessment;
b) Original copy or valid copy of at least one of the following medical documents:
- Medical record summary;
- Certificate of disability;
- Discharge note;
- Health record booklet;
- Health record paper;
- Subclinical results paper;
- Prescriptions of the health facility;
- Records of occupational diseases;
- Minutes of the most recent medical assessment of the person who has been assessed;
c) One of the documents specified at Point dd, Clause 1 of this Article.
Thus, according to the above regulations, public employees who wish to have a medical assessment to retire at older ages need to prepare 1 set of documents according to the above regulations.
Vietnam: What documents must be prepared if a public employee wishes to undergo a medical assessment to retire at an older age according to current regulations?
What is included in the medical assessment for early retirement?
Pursuant to the provisions of Clause 4, Article 13 of Circular No. 56/2017/TT-BYT as amended by Clause 9 Article 1 of Circular No. 18/2022/TT-BYT as follows:
Procedure and content of medical assessment in Vietnam
...
4. The checklist of assessment to qualify for retirement benefits, survivorship benefits and leave due to inability to take care of children after giving birth or taking maternity leave, receiving children through surrogacy, assessment to qualify for lump-sum social insurance payout according to the documents specified in Clause 3 or 4, Article 5 and Clause 2, Article 12 of this Circular, as the case maybe.
In case there is a record of assessment of occupational accident, occupational disease or wounded soldier or disease, illness, deformities or malformations related to toxic chemicals, the assessment of the injuries and diseases mentioned in that record shall not be carried out again. The Medical Assessment Council shall sum up the whole person impairment rating determined in the previous medical assessment minutes with the impairment rating seeking assessment does not collapse with acknowledged impairment.
If the worker is suffering from one of the life-threatening diseases such as cancer, polio, dropsy cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, the original or a valid copy of the hospital discharge note or the medical record summary shall prevail for claims of benefits.
If a worker suffers from other diseases or illnesses that eligible for lump-sum social insurance payout, the medical assessment record must clearly state in details the diseases or illnesses that result in at least 81% of work capacity reduction or impairment level and total loss of the worker’s functions, self-control or he/she is unable to keep personal hygiene and complete other everyday tasks without other people watching, helping and taking care of him/her.
Thus, the medical assessment for early retirement includes the above-mentioned contents.
How long does it take to settle pension allowance?
Pursuant to the provisions of Article 110 of the 2014 Law on Social Insurance in Vietnam on settlement of pension allowance prescribed as follows:
Settlement of pension or lump-sum social insurance allowance
1. Within 30 days by the time an employee enjoys pension, the employer shall submit a dossier specified in Clause 1, Article 108 of this Law to the social insurance agency.
2. Within 30 days by the time an employee enjoys pension, employees having their period of social insurance premium payment reserved or employees covered by voluntary social insurance shall submit a dossier specified in Clause 2, Article 108 of this Law to the social insurance agency.
3. Within 30 days by the time an employee becomes eligible and requests payment of lump-sum social insurance allowance, he/she shall submit a dossier specified in Article 109 of this Law to the social insurance agency.
4. Within 20 days after receiving a complete and valid dossier, for to-be- pensioners, or within 10 days after receiving a complete and valid dossier, for persons to enjoy a lump-sum social insurance allowance, the social insurance agency shall settle the enjoyment of pension or lump-sum allowance and make payment to employees; or issue a written reply clearly stating the reason for its refusal to settle such enjoyment.
Thus, the time for settlement of the pension allowance shall comply with the above provisions.
Within 20 days after receiving a complete and valid dossier, the social insurance agency is responsible for settling and organizing the payment to the employees, or issues a written reply clearly stating the reason for its refusal to settle such enjoyment.
LawNet
