From July 01, 2025, are employees injured while traveling from home to the workplace in Vietnam entitled to sick leave benefits?

From July 01, 2025, are employees injured while traveling from home to the workplace in Vietnam entitled to sick leave benefits?

Based on Article 42 of the Social Insurance Law 2024, the subjects and conditions for receiving sickness benefits are as follows:

Article 42. Subjects and conditions for receiving sickness benefits

1. Subjects specified in points a, b, c, d, i, k, l, m, and n Clause 1 and Clause 2 of Article 2 of this Law are entitled to sickness benefits when taking leave in one of the following cases, except for the cases specified in Clause 2 of this Article:

a) Receiving treatment for diseases that are not occupational diseases;

b) Receiving treatment for accidents that are not occupational accidents;

c) Receiving treatment for accidents occurring while commuting from home to work or from work to home using a reasonable route and time as prescribed by law on labor safety and hygiene;

d) Receiving treatment, functional rehabilitation for relapse injuries, diseases due to occupational accidents, occupational diseases, or due to accidents specified in point c of this Clause;

dd) Donating, receiving, or transplanting tissues or human body parts as prescribed by law;

e) Caring for a child under 7 years old who is sick.

[...]

According to the above provisions, employees participating in mandatory social insurance who receive treatment for accidents while commuting from home to work via a reasonable route and time as prescribed by law on labor safety and hygiene are entitled to sickness benefits.

From July 01, 2025, are employees injured while traveling from home to the workplace in Vietnam entitled to sick leave benefits?​ (Image from the Internet)

What documents are included in the application for sick leave benefits in Vietnam?

Based on Article 47 of the Social Insurance Law 2024, the application for applying for sickness benefits is as follows:

Article 47. Application for applying for sickness benefits

1. The application for applying for sickness benefits for employees or their children receiving inpatient treatment includes the original or a copy of one of the following documents:

a) Hospital discharge paper;

b) Summary of medical records;

c) Other documents proving the inpatient treatment process.

2. The application for applying for sickness benefits for employees or their children receiving outpatient treatment includes one of the following documents:

a) Certificate of leave for social insurance;

b) Original or copy of the hospital discharge paper indicating the required time for outpatient treatment after the inpatient treatment period;

c) Original or copy of the summary of medical records indicating the required time for outpatient treatment after the inpatient treatment period.

[...]

Thus, the application for applying for sickness benefits includes:

[1] The application for applying for sickness benefits for employees receiving inpatient treatment includes the original or a copy of one of the following documents:

- Hospital discharge paper

- Summary of medical records

- Other documents proving the inpatient treatment process

[2] The application for applying for sickness benefits for employees receiving outpatient treatment includes one of the following documents:

- Certificate of leave for social insurance

- Original or copy of the hospital discharge paper indicating the required time for outpatient treatment after the inpatient treatment period

- Original or copy of the summary of medical records indicating the required time for outpatient treatment after the inpatient treatment period

[3] The application for applying for sickness benefits for employees seeking medical treatment abroad includes medical documents showing the name of the disease, the treatment duration issued by the foreign medical facility, and must meet the following requirements:

- Have a Vietnamese translation certified or notarized as per regulations on certification and notarization;

- Be legalized, except when international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise.

What is the time limit for employees in Vietnam to submit their documents for sickness benefits?

Based on Article 48 of the Social Insurance Law 2024, the settlement of sickness benefits is as follows:

Article 48. Settlement of sickness benefits

1. Employees are responsible for submitting the documents specified in Article 47 of this Law to their employers. The deadline for submitting documents is 45 days from the date of returning to work.

2. Within 7 working days from the date of receiving all documents from the employee, the employer is responsible for compiling a list of employees taking leave to receive sickness benefits along with the documents to be submitted to the social insurance agency.

3. Within 7 working days from the date of receiving all documents as prescribed from the employer, the social insurance agency is responsible for settlement; if not settled, they must respond in writing and state the reasons.

Thus, employees must submit their documents for applying for sickness benefits no later than 45 days from the date of returning to work.