What are the conditions for enjoying the sickness benefits? Can employees in Vietnam simultaneously enjoy occupational accident benefits and sickness benefits?
What are the conditions for enjoying the sickness benefits in Vietnam?
Under Article 25 of the Law on Social Insurance 2014 which stipulates the conditions for enjoying the sickness benefits in Vietnam as follows:
- Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent medical facility under the Ministry of Health’s regulations.
The sickness benefits do 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.
- Employees who have to take leave to care for sick children aged under 7 years, with the certification of a competent medical facility.
What are the conditions for enjoying the sickness benefits in Vietnam? Can employees in Vietnam simultaneously enjoy occupational accident benefits and sickness benefits?
What are the cases not eligible for sickness benefits in Vietnam?
According to the provisions in Clause 2 Article 3 of Circular 59/2015/TT-BLDTBXH and Clause 1, Clause 2 Article 25 of the Law on Social Insurance 2014, the following cases are not eligible for sickness benefits:
Conditions for enjoying the sickness benefits
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2. The employees are not entitled to sickness benefits in the following cases::
a) The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor under the List issued with Decree No. 82/2013/ND-CP 19/07/ 2013 of the Government issuing the list of drug and drug precursor and Decree No. 126/2015/ND-CP dated 09/12/2015 of the Government amending and adding the list of drug and drug precursor issued with Decree No. 82/2013/ND-CP dated 19/7/2013 of the Government issuing the list of drug and drug precursor.
b) The employees take sick leave for the first treatment due to occupational accident or occupational disease.
c) The employees have disease or accident which is not occupational accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance.
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 medical facility 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 medical facility.
Thus, there are 05 cases where employees are not entitled to sickness benefits:
- The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor.
- The employees take sick leave for the first treatment due to occupational accident or occupational disease.
- The employees have disease or accident which is not occupational accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance;
- The employees take maternity leave as per social insurance law.
- The employees take leave for caring for sick children aged under 7 years, with the certification of a competent medical facility.
Can employees in Vietnam simultaneously enjoy occupational accident benefits and sickness benefits?
According to the provisions in Clause 1 Article 3 of Circular 59/2015/TT-BLDTBXH, the guidelines are as follows:
Conditions to enjoy the sickness benefits
1. The employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2, Article 2 of Decree No. 115/2015/ND-CP shall enjoy the sickness benefits in the following cases:
a) The employees have disease or accident which is not occupational accident or treatment of injury or disease recurred due to occupational accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.
b) The employees must take leave to take care of their sick children under 07 years of age with certification of the competent medical facility.
Under the above regulations, employees are entitled to sickness benefits if they have disease or accident which is not occupational accident or treatment of injury or disease recurred due to occupational accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.
Thus, employees participating in social insurance cannot simultaneously enjoy occupational accident benefits and sickness benefits.
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