Summary of preferential regimes for sick soldiers in Vietnam

Summary of preferential regimes for sick soldiers in Vietnam
Le Truong Quoc Dat

What are the conditions and standards for sick soldiers in Vietnam? What are the regulations on preferential regimes for sick soldiers in Vietnam? - Anh Thu (Tien Giang)

Summary of preferential regimes for sick soldiers in Vietnam

Summary of preferential regimes for sick soldiers in Vietnam (Internet image)

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

1. Conditions and standards for sick soldiers in Vietnam

Conditions and standards for sick soldiers under Clause 1 of Article 26 of Ordinance 02/2020/UBTVQH14 are as follows:

If officers, professional soldiers, non-commissioned officers, and soldiers in the People's Army, and officers, non-commissioned officers, and soldiers in the People's Public Security get sick with an injury rate of 61% or higher while performing urgent or dangerous tasks and are not eligible for the retirement regime, then:

To be issued a "Certificate of sick soldier" by a competent authority when he/she stops serving in the People's Army or People's Public Security.

2. Summary of preferential regimes for sick soldiers in Vietnam

Summary of preferential regimes for sick soldiers according to Article 27 of Ordinance 02/2020/UBTVQH14 is as follows:

- Monthly allowances and allowances for sick soldiers are as follows:

+ Monthly allowance based on the body injury rate;

+ Allowance for servicemen for sick soldiers with an injury rate of 81% or more living in their families;

+ Monthly allowance for sick soldiers with an injury rate of 81% or more;

+ Special monthly allowance for sick soldiers with a body injury rate of 81% or more with particularly serious diseases. Soldiers who receive special monthly allowances are not entitled to monthly allowances.

- Health Insurance.

- Nursing rehabilitation every two years; cases with a body injury rate of 81% or more are given annual health rehabilitation by nurses.

- The preferential regime specified at Points c, e, g, h, i and k, Clause 2, Article 5 of Ordinance 02/2020/UBTVQH14.

3. Preferential regime for relatives of sick soldiers in Vietnam

The preferential regime for relatives of sick soldiers according to Article 28 of Ordinance 02/2020/UBTVQH14 is as follows:

- Health insurance for the following people:

+ Natural father, mother, spouse, and children from full 6 years old to under 18 years old or from full 18 years old if they continue to go to school or suffer from severe disability, especially severe disability of sick soldiers with a body injury rate of 61% or more;

+ People serving sick soldiers with a body injury rate of 81% or more live at home.

- If a patient with a body injury rate of 61% or more dies, his/her relatives are entitled to a survivorship allowance as follows:

+ The biological father, mother, or spouse is of age as prescribed in Clause 2, Article 169 of the Labor Code, children under 18 years old or full 18 years old or older, if they continue to go to school or suffer from severe disability, especially severe disability, are entitled to a monthly survivorship allowance;

+ Natural father and mother living alone, a spouse of full age as prescribed in Clause 2 of Article 169 of the Labor Code living alone, or orphans with both parents under 18 years old or full 18 years old or older if they continue to go to school or suffer from severe or particularly severe disabilities are entitled to a monthly survivorship allowance and a monthly fostering survivorship allowance.

- The preferential regime specified at Points d and dd, Clause 2, Article 5 of Ordinance 02/2020/UBTVQH14 for children of sick soldiers.

- One-time allowance for relatives with the level of 03 months of monthly allowance, the monthly allowance currently enjoyed when the sick soldier receiving the monthly allowance dies.

- Funeral allowance for the person or organization that performs the funeral when the sick soldier who is receiving the monthly allowance dies.

4. Basis for issuance of certificates of illness to sick soldiers in Vietnam

The grounds for granting a certificate of illness to a sick soldier according to Article 48 of Decree 131/2021/ND-CP are as follows:

- Work plan or decision, list of tasks assigned, or confirmation of tasks assigned by the agency or unit directly managing the sick person.

- Report on the incident to the agency or unit directly managing the sick person.

- A summary of the medical record on the day or immediately after the date of the assignment showing the course of the patient's treatment that is directly related to the performance of urgent and dangerous tasks at a district hospital or a district health center or equivalent or higher (including military and police hospitals).

If have yet to receive treatment at a medical examination and treatment facility, there must be a periodical health check card or a certified health check form within 1 year after performing duties and a record of medical conditions directly related to the performance of urgent and dangerous tasks.

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