Vietnam: Duration of the long-term sickness regime? List of long-term diseases entitled to the latest sickness regime 2022?
How long is the duration of the long-term sickness regime in Vietnam?
According to the provisions of Article 26 of the Law on Social Insurance 2014, the duration of the long-term sickness regime is specified as follows:
Article 26. Period of enjoying the sickness regime
1. The maximum period of enjoying the sickness regime 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 regime 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 regime for a shorter period not exceeding the period of social insurance premium payment.
3. The period of enjoying the sickness regime 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, employees will be entitled to long-term sick leave with a specific maximum number of days as follows:
- 180 days/year (including holidays, Tet holidays and weekly breaks).
- At the end of 180 days, if you still have to continue treatment, you will be entitled to continue to enjoy sick leave at a lower rate with a maximum time equal to the time paid for social insurance.
Vietnam: Duration of the long-term sickness regime? List of long-term diseases entitled to the latest sickness regime 2022?
List of long-term illnesses entitled to the latest sickness regime in Vietnam?
In Circular 46/2016/TT-BYT, there is a list of 332 diseases requiring long-term treatment according to specialties and disease codes according to the International Classification of Diseases (ICD-10) as follows:
See more list of long-term treatment diseases: here.
How is the long-term sickness benefit calculated in Vietnam?
Regarding the level of enjoyment of the long-term sickness regime, Article 28 of the Law on Social Insurance 2014 specifically stipulates as follows:
Sickness benefit level
1. An employee who enjoys the sickness regime as prescribed in Clauses 1 and a, Clause 2, Article 26, Article 27 of this Law, the monthly benefit is equal to 75% of the salary for social insurance contributions of the month immediately preceding his/her leave.
In case the employee has just started working or the employee has previously paid social insurance premiums, then has interrupted his/her working time but has to take sick leave in the first month of returning to work, the benefit is equal to 75% of the social insurance contribution salary of that month.
2. An employee who continues to enjoy the sickness regime specified at Point b, Clause 2, Article 26 of this Law shall be prescribed as follows:
a) Equal to 65% of the salary for social insurance contributions in the month immediately preceding quitting work if you have paid social insurance premiums for full 30 years or more;
b) Equal to 55% of the salary for social insurance contributions in the month immediately preceding quitting work if social insurance contributions have been paid from full 15 years to less than 30 years;
c) Equal to 50% of the salary paid for social insurance contributions in the month immediately preceding his/her leave of absence from work if he has paid social insurance premiums for less than 15 years.
3. An employee who enjoys the sickness regime as prescribed in Clause 3, Article 26 of this Law shall be entitled to 100% of the salary for social insurance contributions of the month immediately preceding his/her leave.
4. The one-day sickness benefit is calculated as the monthly sickness benefit divided by 24 days.
Based on the above provisions of Clause 2 Article 6 of Circular 59/2015/TT-BLDTBXH (Point b of this Clause is amended by Clause 2 Article 1 of Circular 06/2021/TT-BLDTBXH), the formula for calculating the specific long-term sickness benefit is as follows:
* Benefits for the first 180 days:
Long-term sickness benefit = Social insurance contribution salary of the month immediately preceding the leave x 75% x Number of months of sick leave
* The benefit during the rest period exceeds 180 days due to the need for additional treatment:
- In case of paying social insurance premiums for full 30 years or more:
Benefit = 65% x Social insurance contribution salary of the month immediately preceding leave x Number of months of sick leave
- In case of paying social insurance premiums from full 15 to less than 30 years:
Benefit = 55% x Social insurance contribution salary of the month immediately preceding leave x Number of months of sick leave
- In case of social insurance contributions of less than 15 years:
Benefit = 50% x Social insurance contribution salary of the month immediately preceding leave x Number of months of sick leave
Above is some of the information we provide to you. Best regards!
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