What is a valid certificate of leave for receiving social insurance benefits in Vietnam? How long can an employee with a resignation letter for social insurance benefits in Vietnam take leave?
What is a valid certificate of leave for receiving social insurance benefits in Vietnam? How long can an employee with a resignation letter for social insurance benefits in Vietnam take leave?
What is a valid certificate of leave for receiving social insurance benefits in Vietnam?
According to Article 20 of Circular 56/2017/TT-BYT (amended by Clause 12 Article 1 of Circular 18/2022/TT-BYT), the principles for issuing a certificate of leave for receiving social insurance benefits are as follows:
Principles for issuing a certificate of leave for receiving social insurance benefits:
1. The issuance of a certificate of leave for receiving social insurance benefits must meet the following requirements:
a) The medical facility where the certificate is issued must have a valid operating license. The person practicing at this medical facility will sign the certificate of leave for receiving social insurance benefits based on the assignment of the head of that medical facility.
b) It must be in line with the professional scope of activities of the medical facility that issues the certificate of leave for receiving social insurance benefits, as approved by the competent authority.
c) It must be in accordance with the health condition of the patient and the professional guidance of the Minister of Health.
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Therefore, a certificate of leave for receiving social insurance benefits is considered valid when it meets the following requirements:
- Issued by a medical facility that has a valid operating license.
- The person signing the certificate of leave for receiving social insurance benefits is a practitioner at the medical facility and is assigned by the head of the facility.
- The content of the certificate of leave for receiving social insurance benefits must be in line with the professional scope of activities of the medical facility, the health condition of the patient, and the professional guidance of the Minister of Health.
- Only one certificate of leave for receiving social insurance benefits can be issued per medical examination. If the patient needs to take leave for more than 30 days, when the leave period stated on the certificate is about to expire or has expired, the patient must undergo a re-examination for the practitioner to make a decision.
What is a valid resignation letter for receiving social insurance benefits in Vietnam? How long can an employee with a resignation letter for social insurance benefits in Vietnam take leave? - image from internet
How long can an employee with a resignation letter for social insurance benefits in Vietnam take leave?
Based on Clause 2 of Article 20 of Circular 56/2017/TT-BYT amended by Clause 12 of Article 1 of Circular 18/2022/TT-BYT, the principles for issuing a certificate of leave for receiving social insurance benefits are as follows:
Principles for issuing a certificate of leave for receiving social insurance benefits
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2. Only one certificate of leave for receiving social insurance benefits can be issued per medical examination. If the patient needs to take leave for more than 30 days, when the leave period stated on the certificate is about to expire or has expired, the patient must undergo a re-examination for the practitioner to make a decision.
In the case where an employee is examined by two or more specialists from different medical facilities at the same time and is issued a certificate of leave for receiving social insurance benefits, only the certificate with the longest leave period will be valid.
In the case where an employee receives multiple medical examinations by different specialists for different illnesses on the same day at the same medical facility, only one certificate of leave for receiving social insurance benefits will be issued, and the employee will receive social insurance benefits for the illness with the highest coverage.
For patients undergoing treatment for tuberculosis under the National Tuberculosis Control Program, the maximum leave period for issuing a certificate of leave for receiving social insurance benefits is not more than 180 days.
In the case of miscarriage, abortion, dilation and curettage, suction evacuation, or stillbirth where the gestational age is 13 weeks or more, the maximum leave period, as stipulated by the Social Insurance Law, for issuing a certificate of leave for receiving social insurance benefits is not more than 50 days.
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As regulated above, an employee with a certificate of leave for receiving social insurance benefits is entitled to a maximum of 30 days of leave.
In addition, an employee with a certificate of leave for receiving social insurance benefits can take leave for more than 30 days in the following cases:
- If the employee is undergoing treatment for tuberculosis under the National Tuberculosis Control Program, the maximum leave period for one issuance of the certificate of leave for receiving social insurance benefits is not more than 180 days.
- If the employee experiences a miscarriage, abortion, dilation and curettage, suction evacuation, or stillbirth where the gestational age is 13 weeks or more, the maximum leave period for one issuance of the certificate of leave for receiving social insurance benefits is not more than 50 days.
Note: When the leave period stated on the certificate of leave for receiving social insurance benefits is about to expire or has expired, the patient must undergo a re-examination for the practitioner to make a decision.
What documents are required for a employee's sick leave benefits in Vietnam?
According to Article 100 of the Social Insurance Law 2014, the documents required for sick leave benefits are as follows:
Sick Leave Documentation:
1. Original or certified copy of the hospital discharge certificate for the employee or their dependent receiving inpatient treatment. In the case of outpatient treatment, the employee or their dependent must have a certificate of leave for receiving social insurance benefits.
2. If the employee or their dependent receives medical treatment abroad, the documentation specified in point 1 of this Article must be replaced with a Vietnamese translation of the medical certificate issued by the foreign medical facility.
3. A list of employees on sick leave, compiled by the employer.
4. The Minister of Health shall prescribe the forms, procedures, and authorities for issuing the certificate of leave for receiving social insurance benefits, hospital discharge certificate, and other forms specified in points c, d, and đ of Article 101 of this Law.
Therefore, the documents required for a employee's sick leave benefits are as follows:
- Original or certified copy of the hospital discharge certificate for the employee or their dependent receiving inpatient treatment.
- Certificate of leave for receiving social insurance benefits for the employee or their dependent receiving outpatient treatment.
- In the case of the employee receiving medical treatment abroad, the documentation should be replaced with a Vietnamese translation of the medical certificate issued by the foreign medical facility.
- A list of employees on sick leave, prepared by the employer.
