From July 01, 2025, what is the time limit for provision of sickness benefits for employees in Vietnam?

1. From July 01, 2025, what is the time limit for provision of sickness benefits for employees in Vietnam?

According to the provisions of Article 48 of the Social Insurance Law 2024 of Vietnam regarding the resolution of sickness benefits:

- Employees are responsible for submitting the documents prescribed in Article 47 of the Social Insurance Law 2024 to their employers. The deadline for submitting documents is no later than 45 days from the date of returning to work.

- Within 7 working days from the date of receiving complete documents from the employees, the employers are responsible for preparing a list of employees taking sick leave along with the documents to be submitted to the social insurance agency.

- Within 7 working days from the date of receiving complete documents as prescribed from the employers, the social insurance agency is responsible for resolving the documents; if not resolved, they must provide a written explanation stating the reasons.

Thus, the time limit for provision of sickness benefits from July 1, 2025, is as follows: Employees have 45 days to submit their documents to the employers from the date of returning to work. Employers have 7 working days to submit the documents to the social insurance agency. Finally, the social insurance agency has 7 working days to resolve the documents or provide a written response if not resolved.

2. What are conditions for enjoying sickness benefits under the Social Insurance Law 2024 in Vietnam?

According to the provisions of Clause 1, Article 42 of the Social Insurance Law 2024 of Vietnam, the subjects specified at points a, b, c, d, i, k, l, m, and n of Clause 1 and Clause 2, Article 2 of the Social Insurance Law 2024 are entitled to sickness benefits when taking leave in the following cases, except for the provisions specified in Clause 2, Article 42 of the Social Insurance Law 2024:

- Treatment for illnesses that are not occupational diseases;

- Treatment for accidents that are not occupational accidents;

- Treatment for accidents that occur while traveling from home to work or from work to home along a reasonable route and time as prescribed by the law on occupational safety and hygiene;

- Treatment and rehabilitation of labor capacity when injuries or diseases recur due to occupational accidents, occupational diseases, or accidents as prescribed at Point c, Clause 1, Article 42 of the Social Insurance Law 2024;

- Donation, collection, transplantation of tissues or body organs as prescribed by law;

- Caring for a sick child under 7 years old.

Note: Employees are not entitled to sickness benefits in the following cases:

- Self-inflicted injuries or harm to their health;

- Using narcotics, precursors as specified by the Government of Vietnam, except for cases of using precursor drugs or combination drugs containing precursors as prescribed by medical practitioners in medical establishments;

- During the first time off required for treatment and rehabilitation due to occupational accidents, occupational diseases;

- During the leave period as prescribed in Clause 1, Article 42 of the Social Insurance Law 2024 that coincides with the leave period as prescribed by labor law or when on paid leave as prescribed by other specialized laws, or when on maternity leave, recuperation, and health rehabilitation as prescribed by the law on social insurance.

Thus, employees who belong to the group specified by law are entitled to sickness benefits when taking leave for treatment of non-occupational diseases, non-occupational accidents, accidents while traveling to work, recurrence of injuries due to occupational accidents, tissue/organ donation, or caring for a sick child under 7 years old.

However, sickness benefits does not apply to cases of self-inflicted injuries, using narcotics, undergoing first-time treatment for occupational accidents, or benefiting from other statutory leaves.

Please Login to be able to download