What is the dossier for enjoyment of the sickness regime and maternity regime in Vietnam? What are the conditions to settle the sickness and maternity regimes in Vietnam?
What is the dossier for enjoyment of the sickness regime in Vietnam?
According to Article 100 of the Law on Social Insurance 2014, the dossier for enjoyment of the sickness regime is as follow:
- An original or a copy of the hospital discharge paper, for employees or their children undergoing inpatient treatment; in case of outpatient treatment, the certificate of their leave under the social insurance regime is required.
- In case employees or their children take medical examination or treatment abroad, the paper specified in Clause 1 of this Article shall be replaced with a Vietnamese translation of the medical record issued by a foreign health establishment.
- The employer-made list of employees taking leave under the sickness regime.
- The Minister of Health shall stipulate the form, and order and competence for grant, of certificate of an employee’s leave under the social insurance regime, hospital discharge paper and the papers specified at Points c, d and dd, Clause 1, Article 101 of this Law.
What is the dossier for enjoyment of the sickness regime in Vietnam?
What is the dossier for enjoyment of the maternity regime in Vietnam?
According to Article 101 of the Law on Social Insurance 2014, the dossier for enjoyment of the maternity regime:
- A dossier for a female employee to enjoy the maternity regime must comprise:
+ A copy of the birth registration certificate or birth certificate of the child;
+ A copy of the child’s death certificate, in case the child dies, or copy of the mother’s death certificate, in case the mother dies in childbirth;
+ A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;
+ An extract of the mother’s medical record or hospital discharge paper in case the child dies after birth without being granted the birth certificate;
+ A competent health establishment’s certificate stating that the female employee has to take leave for pregnancy care, in the case specified in Clause 3, Article 31 of this Law.
- Female employees who have prenatal checks-up, miscarriage, abortion, stillbirth or pathological abortion, or employees who apply contraceptive measures specified in Clause 1, Article 37 of this Law shall produce a certificate of their leave under the social insurance regime, in case of outpatient treatment, or an original or a copy of the hospital discharge paper, in case of inpatient treatment.
- Employees who adopt under-6-month children shall produce a child adoption certificate.
- Male employees who wish to take leave due to their wives’ childbirth shall produce a copy of the child’s birth certificate or birth registration certificate, and a health establishment’s certificate, in case their wives have a surgical birth or give birth to children under 32 weeks of pregnancy.
- The employer-made list of employees taking leave for enjoyment of the maternity regime.
What are the conditions to settle the sickness and maternity regimes in Vietnam?
According to Article 102 of the Law on Social Insurance 2014 stipulating the settlement of the sickness and maternity regimes:
- Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.
An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.
- Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.
- Responsibilities of the social insurance agency:
+ To settle the social insurance regime and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;
+ To settle the social insurance regime and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.
-If refusing to settle the social insurance regime, the social insurance agency shall issue a written reply clearly stating the reason.
Above are all regulations on records of sickness regime, maternity regime; Settlement of sickness and maternity benefits in the Law on Social Insurance 2014.
Thư Viện Pháp Luật
