Are employees who have to take leave due to sickness or accidents other than occupational accidents eligible to enjoy the sickness benefits in Vietnam?

Are employees who have to take leave due to sickness or accidents other than occupational accidents eligible to enjoy the sickness benefits in Vietnam?

Pursuant to Clause 1 Article 25 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the sickness benefits as follows:

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 health establishment 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.

As regulations above, employees, who have to take leave due to sickness or accidents other than occupational accidents except sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list with the certification of a competent health establishment under the Ministry of Health’s regulations, are eligible to enjoy the sickness benefits in Vietnam.

Are employees who have to take leave for caring for sick children aged 8 years eligible to enjoy the sickness benefits in Vietnam?

Pursuant to Clause 2 Article 25 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the sickness benefits as follows:

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 health establishment 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 health establishment.

As regulations above, employees who have to take leave for caring for sick children aged 8 years are eligible to enjoy the sickness benefits. Only employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment are eligible to enjoy the sickness benefits in Vietnam.

What are regulations on period of enjoying the sickness benefits in Vietnam?

Pursuant to Article 26 of the Law on Social Insurance in 2014 stipulating period of enjoying the sickness benefits in Vietnam as follows:

Period of enjoying the sickness benefits

1. The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:

a/ For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;

b/ For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.

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.

As regulations above, for employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more.

For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.

Note: The explanation of the above issues is only considered in case you are an employee under points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance in 2014.

Best regards!