Is sick leave fully paid in Vietnam? If I submit my application late, will I be entitled to sickness benefits in Vietnam?

Is sick leave fully paid in Vietnam?

I would like to ask, in a normal case, when taking leave from work to enjoy sickness benefits, will the employee receive full salary in Vietnam?

Reply:

Social insurance means the guarantee to fully or partially offset an employee’s income that is reduced or lost due to his/her sickness, maternity, occupational accident, occupational disease, retirement or death, on the basis of his/her contributions to the social insurance fund.

Sickness benefits are one of the benefits that employees will enjoy when participating in social insurance. If an employee leaves work due to illness and participates in social insurance, the insurance will pay benefits (during this time the employee leaves work, so he or she will not receive salary from the employer).

Regarding sickness benefits, Clause 1, Article 28 of the 2014 Law on Social Insurance has the following provisions:

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.

According to this Article, on days off from work to enjoy sick benefits, the employee will be covered by social insurance at a rate equal to 75% of the salary paid for social insurance of the month immediately preceding the leave in Vietnam.

In principle in Vietnam, the employee's salary and the employee's social insurance salary are different. The employee's social insurance salary is always equal to or lower than the employee's salary (actual salary). In addition, social insurance only pays 75% of the employee's social insurance salary for the month immediately before quitting their job.

Therefore, employees who take leave from work and enjoy sickness benefits will not receive full salary for the reasons mentioned above in Vietnam.

Is sick leave fully paid in Vietnam? If I submit my application late, will I be entitled to sickness benefits in Vietnam? (Image from the Internet)

If I submit my application late, will I be entitled to sickness benefits in Vietnam?

If I submit my application late, will I be entitled to sickness benefits in Vietnam? My company employee lost his hospital discharge certificate in January 2021, so he did not receive sick leave. Now they have just found a copy of the original document, so can I apply for benefits? Because it's almost 9 months late.

Reply:

According to Article 102 of the Social Insurance Law 2014, regulations on settlement of sickness and maternity benefits are as follows:

1. 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.

2. 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.

3. Responsibilities of the social insurance agency:

a/ To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;

b/ To settle the social insurance benefits 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.

4. If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.

In addition, in Article 116 of the Social Insurance Law 2014, if the time limit specified in Clauses 1 and 2, Article 102 is exceeded, a written explanation must be given.

Thus, in case an employee submits his/her application for sickness benefits more than 9 months late, the benefits can still be processed if the employee explains to the social insurance agency and is accepted in Vietnam.

Therefore, your unit can submit the application, stating the reason for late submission. If the social insurance agency agrees, it will be resolved in Vietnam.

Does my wife get sick leave after appendicitis surgery in Vietnam?

My wife had appendicitis and had to have surgery right away. My wife currently has a 1-year labor contract but has only paid 2 months of social insurance, will she receive sick leave?

Reply:

According to Clause 1, Article 24 and Article 25 of the Social Insurance Law 2014, it is stipulated as follows:

Article 24. Coverage of the sickness benefits

The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 25. 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.

Thus, compared to the above regulations in Vietnam, your wife is eligible to receive sick leave for appendicitis surgery but must have confirmation from a medical examination and treatment facility, even in the case of your wife having only attended for 2 months of social insurance premium.

Best regards!