Proposal for new regulations on social insurance leave certificates

Hà Lê |

The Ministry of Health is drafting a Circular guiding the Law on Social Insurance and the Law on Occupational Safety and Hygiene, proposing regulations on the issuance and management of certificates of leave for social insurance benefits.

According to the draft, this Circular stipulates the authority to determine diseases eligible for one-time social insurance benefits; Examination and assessment of the level of reduced working capacity (rate of physical injury) to receive social insurance benefits for employees and relatives.

The draft stipulates that only one certificate of leave from work to receive social insurance will be issued per examination. In case of needing leave for more than 30 days, the patient must return for a re-examination to consider issuing another certificate.

Certificate of leave from work to enjoy social insurance issued by a licensed medical facility, in accordance with the expertise, health status of the patient and instructions of the Ministry of Health. If the employee is examined by multiple specialists on the same day at a medical facility, only one certificate will be issued, and the highest level of support will be provided according to the illness. If examined at different facilities, only one certificate with the longest leave period will be issued.

For tuberculosis patients, the maximum leave period is not more than 180 days/time of payment. In case of miscarriage, abortion or stillbirth from 13 weeks of age or older, the leave period is not more than 50 days/time of payment according to the provisions of the Law on Social Insurance.

The person signing the certificate must work at a licensed medical facility; if the facility does not have legal status, the signer must register his/her signature with the Social Insurance agency.

The draft stipulates the issuance of certificates of leave to receive social insurance as follows:

If there is a hospital transfer, a copy of the transfer form is required.

In case of death at a medical facility, no discharge certificate is issued; social insurance regime is based on the time on the death certificate according to Circular 24/2020/TT-BYT.

Recording of disease codes and names of long-term diseases is carried out according to Circular 46/2016/TT-BYT.

For employees or children under 7 years old receiving outpatient treatment, a form must be issued.

Outpatients who are discharged from the hospital are paid based on the number of days recorded in the discharge note.

If the disease code on the certificate matches Circular 46/2016/TT-BYT but the disease name is not the same, the regime will still apply according to the prescribed disease code.

Hà Lê
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