What are cases ineligible for sickness benefits in Vietnam starting July 1, 2025? What is the duration of receiving sickness benefits in Vietnam?

Main Content

What are cases ineligible for sickness benefits in Vietnam starting July 1, 2025?

According to Clause 2, Article 42 of the Law on Social Insurance 2024, employees are ineligible for sickness benefits in the following cases in Vietnam:

1. Self-inflicted injuries or self-harm;
2. Use of narcotics or precursor substances as stipulated by the Government of Vietnam, except in cases of medicinal use or combination drugs containing precursors as prescribed by a medical practitioner at a licensed medical facility;
3. During the initial period of leave for treatment, rehabilitation of occupational accidents, or occupational diseases;
4. During the period of leave as prescribed in Clause 1, Article 42 of the Law on Social Insurance 2024, which overlaps with the leave periods stipulated by labor laws, or while on paid leave according to other specialized laws, or during maternity leave, health recuperation, or convalescence leave as per Law on Social Insurances.

What are cases ineligible for sickness benefits in Vietnam starting July 1, 2025? What is the duration of receiving sickness benefits in Vietnam? (Internet image)

What is the duration of receiving sickness benefits in Vietnam?

According to Article 43 of the Law on Social Insurance 2024, the duration of sickness benefits in Vietnam is regulated as follows:

(1) The maximum duration of sickness benefits within a year (from January 1 to December 31) for subjects mentioned in Points a, b, c, i, k, l, m, and n, Clause 1, and Clause 2, Article 2 of the Law on Social Insurance 2024, calculated by working days excluding holidays, Tet, and weekends, is regulated as follows:

+ Working under normal conditions: 30 days if having paid mandatory social insurance for less than 15 years; 40 days if having paid from 15 years to less than 30 years; 60 days if having paid 30 years or more;

+ Working in heavy, hazardous, dangerous, or especially heavy hazardous, dangerous jobs as listed by the Minister of Labor, Invalids, and Social Affairs or working in areas with extremely difficult socio-economic conditions: 40 days if having paid mandatory social insurance for less than 15 years; 50 days if having paid from 15 years to less than 30 years; 70 days if having paid 30 years or more.

(2) After the expiration of the period of sickness benefits as stipulated in (1) and the employee continues to require treatment, the employee will receive continued sickness benefits for long-term treatment of diseases as listed by the Minister of Health, according to Clause 3, Article 45 of the Law on Social Insurance 2024. The duration of sickness benefits in this case is calculated by working days excluding holidays, Tet, and weekends.

(3) The duration of sickness benefits for subjects mentioned in Point d, Clause 1, Article 2 of the Law on Social Insurance 2024 is based on the inpatient treatment duration at medical facilities and the period the employee needs to be off from work as prescribed by medical practitioners at these facilities.

What must be included in the application for sickness benefits in Vietnam?

According to Article 47 of the Law on Social Insurance 2024, the application for sickness benefits in Vietnam includes:

For inpatient treatment:

- A discharge summary;

- A brief medical record;

- Other documents proving the inpatient treatment process.

For outpatient treatment:

- Certificate of leave to enjoy social insurance;

- Original or a copy of the discharge summary indicating the required outpatient treatment period following inpatient treatment;

- Original or a copy of the brief medical record stating the required outpatient treatment period following inpatient treatment.

For treatment abroad:

- Medical documents showing the disease name, treatment duration issued by the foreign medical facility, along with:

+ A notarized or authenticated Vietnamese translation as per legal requirements;

+ Legalized documents unless a relevant international treaty that Vietnam is a member of states otherwise.

The Minister of Health prescribes the forms, procedures, and authorization for issuing documents in (1) and (2) from medical facilities and denotes substitute documents in force majeure cases due to natural disasters, catastrophes, or epidemics.

The Law on Social Insurance 2024 takes effect in Vietnam from July 1, 2025.