When are employees entitled to sickness benefits in Vietnam?

When are employees entitled to sickness benefits in Vietnam? (Image from the internet)

1. What is the sickness regime?

A sickness regime is a humanistic social security policy in Vietnam that help ensures income for employees who participate in social insurance but are unable to work due to unwanted illness, accident,... 

2. Subjects eligible for the sickness regime in Vietnam

According to Article 24 of the Law on Social Insurance 2014, subjects eligible for the sickness regime are as follows:

The sickness regime covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance 2014, specifically:

- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

- Persons working under labor contracts with a term of between full 1 month and under 3 months;

- Cadres, civil servants and public employees;

- Defense workers, public security workers and persons doing other jobs in cipher organizations;

- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

- Salaried managers of enterprises and cooperatives;

3. Conditions for enjoying the sickness regime in Vietnam

According to Article 25 of the Law on Social Insurance 2014:

- Employees who have to take leave due to sickness or accidents other than labor accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness regime 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.

- Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

4. Period of enjoying the sickness regime in Vietnam

According to Article 26 of the Law on Social Insurance 2014, the period of enjoying the sickness regime in Vietnam is as follows:

- The maximum period of enjoying the sickness regime in a year for employees specified in Section 2 shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:

+ 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 of Vietnam, 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.

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 regime is specified as follows: 

See more List of diseases that need long-term medical treatment

- 180 days at most in a year, including public holidays, New Year holidays and weekends;

- If employees still need treatment after the expiration of the period specified at Point a, Clause 2, Article 26 of the Law on Social Insurance 2014, they are entitled to continue enjoying the sickness regime for a shorter period not exceeding the period of social insurance premium payment.

The period of enjoying the sickness regime for employees defined at Point dd, Clause 1, Article 2 of the Law on Social Insurance 2014 shall be based on the period of treatment at a competent health establishment.

Thus, if an employee takes a long-term medical leave of more than 180 days, he or she can continue to take leave but not for more than the period of time for which social insurance payment has been paid as prescribed.

Chi Nhan

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