New social insurance regulations

16/02/2023 06:50 PM


Circular No 18/2022/TT-BYT amends and supplements a number of articles of Circular No 55/2017/TT- BYT which details the implementation of the Law on Social Insurance and Law on Occupational Health and Safety in the health sector. The Circular No 18/2022/TT-BYT takes effect from February 15, 2023.

AMENDEMENT OF DOSSIERS OF FIRST EXMINATION AND ASSESSMENT TO ENJOY SOCIAL INSURANCE
Clause 2, Article 1, Circular No 18/2022/TT-BYT amends dossiers of first examination and assessment to enjoy social insurance benefits as prescribed in Article 5, Circular 55/2017/TT- BYT.

LABOURERS ACTIVELY SEEK RE-ASSESSMENT OF OCCUPATIONAL ACCIDENTS AND DISEASES TO ENJOY SOCIAL INSURANCE BENEFITS

AMENDED REGULATIONS

In case of re-assessment of occupational accidents and diseases, the labourers can actively seek medical assessment for determination of the degree of work ability decrease and have the assessment costs paid in case the medical assessment results show that they are eligible for an increased allowance for occupational accidents and/or diseases.
(Clause 8, Article 1, Circular No 18/2022/TT- BYT amends the re-assessment time).

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CURRENT REGULATIONS

Currently, labourers are entitled to medical re-assessment of occupational accidents anddiseases after 24 months from the issuance ofpreceding conclusions by the Medical Assessment Council on the degree of work ability decrease; in case of injuries or occupational diseases that cannot be fully recovered as prescribed by the Minister of Health, workers can go through medical assessment procedures prior to or during the treatment process.

MAXIMUM WORK LEAVE PERIOD ON SOCIAL INSURANCE CAN BE UP TO 50 DAYS

Clause 18, Article 1, Circular No 18/2022/TT-BYT supplements the following regulation: When getting miscarriage, abortion, pathological abortion, and stillbirth for pregnancy from 13 weeks, a female employee may take a maternity leave as prescribed by the Law on Social Insurance but not exceeding 50 days each time they are granted a certificate of work leave under the social insurance regime.
 In this case, the number of days off from work on social insurance as written in the certificate can be up to 50 days.

GRANT OF CERTIFICATE OF WORK LEAVE ON SOCIAL INSURANCE FOR PEOPLE INFECTED WITH COVID-19

People who are infected with COVID-19 and undergo inpatient or outpatient treatment at the following medical facilities are granted a certificate of work leave under the social insurance regime:

  • Medical facilities established under the Law on Medical Examination and Treatment 2009; 
  • The COVID-19 treatment facilities established under Point a, Clause 1, Article 1, Resolution No 168/NQ-CP, as follows:

+ Field hospitals for COVID-19 treatment;

+ Hospitals specialising in COVID-19 treatment;

+ COVID-19 emergency resuscitation hospitals;

+ COVID-19 intensive care centres.

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EMPLOYEES UNDERGOING MEDICAL EXAMINATION AND TREATMENT ARE ELIGIBLE TO REQUIRE A CERTIFICATE OF WORK LEAVE TO ENJOY SOCIAL INSURANCE BENEFITS

In case employees, who have undergone medical examination and treatment, have not provided with hospital discharge paper, birth registration certificate, a certificate stating that the female employee has to take leave for pregnancy care, a certificate stating that the female employee remains weak take care of her newborn child, a work leave certificate under the social insurance regime: medical facilities that provide health examination and treatment for the employees base on regulations prescribed in this Circular and the employee’s written petition to issue a hospital discharge paper, birth registration certificate, a certificate stating that the female employee has to take leave for pregnancy care, a certificate stating that the female employee remains weak to take care of her newborn child, a work leave certificate under the social insurance regime. The date written above the medical practitioner’s signature must be the date of issue of the certificates.

As of February 15, 2023, labourers are entitled to require a certificate of work leave under the social insurance regime if they have not received a certificate during their health examination and treatment

 

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