The Ministry of Health has just issued Official Letter 238/BYT-KCB dated January 14, 2022 on the application for settlement of social insurance benefits for employees undergoing COVID-19 treatment.
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Instructions for applying for social insurance benefits for employees undergoing COVID-19 treatment (Illustration image)
The official dispatch stated that the Vietnam Social Security Administration reflected that a number of medical facilities have issued certificates of leave to enjoy social insurance and other documents as a basis for social insurance benefits for employees who have not received COVID-19 treatment in accordance with regulations. prescribing or appointing patients for outpatient treatment for too long for a medical examination and treatment is not in accordance with the provisions of Circular 56/2017/TT-BYT .
On the other hand, recently, the Ministry of Health has also received a request to guide the issuance of the Certificate of leave for enjoying social insurance for F0 who are treated at home; Request the Ministry of Health to consider and recognize the " Certificate of completion of the isolation period of the local government " issued as valid as a basis for settling social insurance benefits or request the Ministry of Health to recognize the documents. , the certificate of leave of absence from social insurance that has been issued to a person receiving treatment for COVID-19 issued by facilities treating people with COVID-19 in contravention of the provisions of the law is still valid as a basis for settlement of benefits. Social insurance.
After considering, the Ministry of Health has the following comments:
- In Clause 1, Article 100, the Law on Social Insurance stipulates that a dossier for enjoying sickness benefits includes: The original or a copy of the hospital discharge paper for the employee or the employee's children receiving inpatient treatment. In case the employee or the employee's children receive outpatient treatment, they must have a certificate of leave to enjoy social insurance .
According to the above regulations, outpatient workers must have a certificate of leave to enjoy social insurance. Regarding the form, order and authority to issue the certificate of leave of absence to enjoy social insurance are prescribed in Circular 56/2017/TT-BYT .
- The Ministry of Health also said that currently there are no provisions in the legal documents to use other documents to replace the certificate of leave to enjoy social insurance. At the same time, there is no regulation to accept that the papers issued not in accordance with the provisions of the law are still valid for the social insurance agency as a basis for deciding to enjoy the social insurance benefits for employees.
However, the issuance of a certificate of leave to enjoy social insurance has encountered some difficulties due to the complicated situation of COVID-19 in many localities. In order to ensure the interests of employees, promptly settle the social insurance benefits of employees but still ensure compliance with the provisions of the law, the Ministry of Health is studying and proposing contents not yet specified in the documents. Law to report and propose to the Government or the Standing Committee of the National Assembly to issue a Resolution to resolve the above issues.
While waiting for documents to be issued or amended or supplemented by competent authorities, the Ministry of Health requests units to strictly comply with the provisions of the law on issuance and management of leave certificates. enjoy social insurance.
Official Letter 238/BYT-KCB was issued on January 14, 2022.
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