What are guidelines for resolving sickness policies for employees in Vietnam according to Official Dispatch 747/TTr-TTLD?
What are guidelines for resolving sickness policies for employees in Vietnam according to Official Dispatch 747/TTr-TTLD?
Based on Official Dispatch 747/TTr-TTLD of 2023 guiding the resolution of sickness policies for employees.
In response to Official Dispatch 3858/BHXH-CSXH dated November 20, 2023, from Vietnam Social Security regarding issues in resolving sickness policies for employees, the Inspectorate of the Ministry of Labor, Invalids, and Social Affairs has the following opinions:
According to Clause 2, Article 12 of Decree 45/2013/ND-CP, it is stipulated: An employee who is in an accident on the route from home to work or from work to home within a reasonable timeframe and route is considered a labor accident.
However, this regulation has been invalid since July 01, 2016, when Decree 39/2016/ND-CP took effect.
It no longer provides that accidents are considered labor accidents. This case is also not a labor accident as defined in Clause 8, Article 3 of the Law on Occupational Safety and Health 2015.
Therefore, employees are entitled to sickness policies according to Clause 1, Article 25 of the Law on Social Insurance 2014 when they meet the conditions (although employees are still entitled to labor accident policies according to Point c, Clause 1, Article 45 of the Law on Occupational Safety and Health 2015).
The dossier for enjoying the sickness policies for the aforementioned case shall be implemented according to the provisions of the Law on Social Insurance 2014 and documents detailing guidance for implementation.
What are guidelines for resolving sickness policies for employees in Vietnam according to Official Dispatch 747/TTr-TTLD?
When are employees entitled to sickness policies in Vietnam?
Based on the provisions of Clause 1, Article 3 of Circular 59/2015/TT-BLDTBXH, the regulations are as follows:
Conditions for enjoying sickness policies
1. Employees stipulated at Points a, b, c, d, đ Clause 1 and Point b Clause 2, Article 2 of Decree 115/2015/ND-CP are entitled to sickness policies in the following cases:
a) Employees who are ill, injured but not due to labor accidents or who need treatment for injuries, illnesses recurring due to labor accidents, occupational diseases, and have to take leave and be validated by authorized medical facilities according to the regulations of the Ministry of Health.
b) Employees who have to take leave to care for children under 07 years old who are ill and are validated by authorized medical facilities.
c) Female employees who work before the end of their maternity leave and falls under one of the cases specified in Points a and b of this clause.
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Employees falling under the aforementioned cases are entitled to sickness policies as stipulated.
What is the time limit for resolving sickness policies for employees in Vietnam?
Based on the provisions of Article 102 of the Law on Social Insurance 2014 on resolving sickness and maternity benefits, it is stipulated as follows:
Resolving sickness and maternity benefits
1. Within 45 days from the date of returning to work, the employee is responsible for submitting the dossier specified in Clauses 1 and 2 of Article 100, Clauses 1, 2, 3, and 4 of Article 101 of this Law to the employer.
In case the employee quits before the time of giving birth or adopts a child, the dossier specified in Clause 1 and Clause 3 of Article 101 of this Law and the social insurance book must be submitted to the social insurance agency.
2. Within 10 days from the date of receiving the complete dossier from the employee, the employer is responsible for preparing the dossier specified in Article 100 and Article 101 of this Law and sending it to the social insurance agency.
3. Responsibilities for resolution by the social insurance agency:
a) Within 10 days from the date of receiving the complete dossier as per the regulations from the employer, the social insurance agency must resolve and organize the payment to the employee;
b) Within 05 working days from the date of receiving the complete dossier as per the regulations from the employee who quits before the time of giving birth or adopts a child, the social insurance agency must resolve and organize the payment to the employee.
4. If the social insurance agency does not resolve it, there must be a written reply stating clearly the reasons.
Thus, based on the above regulations, sickness policies are resolved within the following timeframe:
- Within 45 days from the date of returning to work, the employee is responsible for submitting the dossier as prescribed to the employer.
- Within 10 days from the date of receiving the complete dossier from the employee, the employer is responsible for preparing the prescribed dossier and submitting it to the social insurance agency.
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