Are national defense workers in Vietnam entitled to sickness benefits?

Are national defense workers in Vietnam entitled to sickness benefits? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are national defense workers?

- National defense workers and officials refer to Vietnamese citizens who are technically and professionally qualified to serve for the People’s Army by position or business title but not defined as those eligible for ranks of officers, professional servicemen, non-commissioned officers, soldiers.

- National defense workers are key paid labor force of the People’s Army performing duties in production facilities, repairing and keeping weapons and military technical equipment in good conditions; guarantee and engage in ready-to-combat, combat roles and other duties in the army.

(Clause 2, Article 2, Clause 2, Article 3 of the Law on professional servicemen and women, National defense workers and official 2015)

2. Are national defense workers in Vietnam entitled to sickness benefits?

According to Article 24 of the Law on Social Insurance 2014, the coverage of the sickness benefits is as follows:

- 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;

Thus, according to the above regulations, national defense workers in Vietnam are entitled to sickness benefits.

3. Conditions for enjoying the sickness benefits for national defense workers in Vietnam

Conditions for enjoying the sickness benefits for national defense workers include:

- 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.

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

(Article 25 of the Law on Social Insurance 2014)

4. Period of enjoying the sickness benefits for national defense workers in Vietnam

- The maximum period of enjoying the sickness benefits in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of the Law on Social Insurance 2014 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, 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 benefits is specified as follows:

+ 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 of Clause 2 Article 26 of the Law on Social Insurance 2014, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.

- The period of enjoying the sickness benefits 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.

(Article 26 of the Law on Social Insurance 2014)

Nguyen Ngoc Que Anh

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