What are the regulations on sickness benefits covered by social insurance for employees on leave for long-term treatment in Vietnam?
- What are the regulations on sickness benefits covered by social insurance for employees on leave for long-term treatment in Vietnam?
- What are the allowance levels of the sickness benefits covered by social insurance in Vietnam?
- What are the regulations on convalescence and health rehabilitation after sickness in Vietnam?
What are the regulations on sickness benefits covered by social insurance for employees on leave for long-term treatment in Vietnam?
Pursuant to Clause 2, Article 26 of the 2014 Law on Social Insurance as follows:
"Article 26. Period of enjoying the sickness benefits
[...]
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 benefits 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 benefits for a shorter period not exceeding the period of social insurance premium payment.
3. The period of enjoying the sickness benefits 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."
Thus, chronic kidney disease is one of diseases requiring long-term treatment on the List of diseases requiring long-term treatment issued by the Ministry of Health as prescribed in Circular 46/2016/TT-BYT.
You will receive sickness benefits covered by social insurance when being on leave for long-term treatment according to the above-mentioned period. In addition, you will be entitled to a leave for convalescence and health rehabilitation.
What are the allowance levels of the sickness benefits covered by social insurance in Vietnam?
Pursuant to Article 28 of the 2014 Law on Social Insurance as follows:
"Allowance levels of the sickness benefits
1. Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;
b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;
c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.
3. For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.
4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days."
This content is guided by Article 6 of Circular 59/2015/TT-BLDTBXH.
What are the regulations on convalescence and health rehabilitation after sickness in Vietnam?
Pursuant to Article 29 of the Law on Social Insurance 2014 as follows:
"Convalescence and health rehabilitation after sickness
1. An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of this Law, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days in a year for convalescence and health rehabilitation.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period which lasts from the end of a year to the following year shall be counted for the previous year.
2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:
a/ 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;
b/ 7 days at most, for employees whose health has not yet recovered after undergoing an operation;
c/ 5 days, in other cases.
3. The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the statutory pay rate."
This content is guided by Article 7 of Circular 59/2015/TT-BLDTBXH.
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