Lawyer Dao Thi Hang, YouMe Law Firm LLC, replied:
Article 21 of Circular No. 25/2025/TT-BYT detailing the implementation of the Law on Social Insurance, the Law on Occupational Safety and Hygiene in the health sector and a number of articles of the Law on Medical Examination and Treatment stipulates the responsibility for preparing medical examination and assessment records as follows:
1. Employees are responsible for preparing and completing the examination and assessment records and sending them to the Medical Assessment Council for the following cases:
a) Appraisal to receive one-time social insurance;
b) Rehabilitation assessment;
c) Employees who are not under the management authority of the employer, participate in voluntary insurance, are reserving social insurance payment period or employees who have decided to quit their jobs pending settlement of pension or monthly allowance; employees who have discovered occupational diseases during the disease guarantee period.
In case the employee specified in this clause cannot prepare the application himself, he/she shall authorize another person according to the provisions of law to prepare the application for examination and appraisal.
2. The employee's relatives are responsible for preparing and completing the appraisal examination and assessment dossier and sending it to the Medical Appraisal Council for the request for appraisal to receive monthly death benefits.
3. The employer is responsible for preparing and completing the appraisal dossier and sending it to the Medical Appraisal Council for cases not specified in Clauses 1, 2, 4 and 5 of this Article;
4. The standing agency of the Provincial Medical Assessment Council and ministries are responsible for preparing records for cases of appraisal and final appraisal due to exceeding professional capacity.
5. The standing agency of the Central Medical Assessment Council and the competent ministries for appraisal and final appraisal are responsible for preparing the final appraisal examination dossier.
Thus, employees are responsible for preparing and completing the appraisal examination and assessment dossier and sending it to the Medical Appraisal Council for the appraisal case to receive one-time social insurance according to the above regulations.
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