Started in late December 2019 with the first outbreak in Wuhan, Hubei, mainland China from a group of people with pneumonia of unknown cause, the COVID-19 pandemic has been spreading all over the world, caused more than 493 million cases and more than 6.1 million deaths.
In Vietnam recently, the cases of COVID-19 are rising very quickly, especially in big cities. In the first 03 months of 2022, the COVID-19 cases increased from 1.746.092 cases (at 01/01) up to 9.650.663 cases (at 01/4).
So, what are the regulations on procedures for enjoying social insurance benefits for employees who are absent from work due to Covid-19 in Vietnam? The following article will outline the regimes of employees according to the provisions of the Law on Social Insurance 2014 and related documents.
Allowances
Employees who contribute Social Insurance will get allowances below after COVID-19 treatment if they complete dossiers as prescribed:
– The sickness regime: Based on Article 25 of Law on Social Insurance 2014, employees who have to take leave due to sickness or leave for caring for sick children aged under 7 years old, with the certification of a competent health establishment will be enjoying the sickness regime.
– Convalescence and health rehabilitation after sickness: Based on Article 29 of Law on Social Insurance 2014, whose health has not yet recovered within 30 days after return to work, is entitled to a leave for convalescence and health rehabilitation.
The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee within 10 days maximum for employees who not recovered yet after a period of illness due to an illness requiring long-term treatment; 7 days maximum for employees who not recovered yet after surgery; 5 days maximum for other cases.
The amount to be enjoyed during convalescence is 30% of the base salary, which is 447,000 VND per day.
– Wages without full leave: If employees infected with COVID-19 leaves work for treatment but still have annual leave, this leave can be deducted from the annual leave. Therefore, the employees still receive the full salary from the employer.
How to get the regime
Based on Law on Social Insurance 2014, the Minister of Health stipulates the form, order, and authority to issue certificates of leave for social insurance benefits, hospital discharge papers, and other papers as a basis for enjoying social insurance. The Ministry of Health promulgated Documentary No.1492/KCB-PHCN&GĐ on 19/11/2021, Documentary No. 238/BYT-KCB on 14/01/2022. According to them, the dossier of entitlement is promulgated in Section 1 and 2, Article 100 of Law on Social Insurance 2014; Section 1 and 2, Article 21 of Circular No. 56/2017/TT-BYT. In detail, a dossier of entitlement includes the following documents:
– For employees who are receiving inpatient treatment: hospital discharge paper is required.
– For employees who are receiving outpatient treatment: certificate of leave for social insurance benefits or a hospital discharge certificate indicated by a medical professional or a qualified doctor for additional leave after the inpatient treatment period.
About the level of benefits, based on Section 1, Article 28 of Law on Social Insurance 2014, employees are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave. In order to enjoy the sickness regime after being cured of COVID-19 disease, employees need to return to the employer a copy of the hospital discharge paper (for inpatient treatment); certificate of leave to enjoy social insurance or hospital discharge paper indicated by a medical professional or a qualified doctor for additional leave after the inpatient treatment period (for outpatient treatment) within 45 days from the date of return to work for the business to complete the dossier and send it to the Social Insurance Agency.
The Social Insurance Agency will handle the procedure for employees to receive the benefits within 6 working days from the date of receipt of complete dossiers as prescribed. Employees can receive money through their personal bank account or through their employers.
Above is a consulting article on “The regime of social insurance benefits for employees who have COVID-19” by Apra Law Firm. If you have any questions about this issue, please contact us at the hotline below for advice and support.
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