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| The certificate of leave to receive social insurance must be issued by a licensed medical examination and treatment facility. (Illustration photo) |
In particular, the Ministry proposes regulations on the issuance and management of certificates of leave for social insurance. The draft clearly states that the issuance of certificates of leave for social insurance must meet the following requirements:
- Issued by a licensed medical examination and treatment facility. Practitioners working at this medical examination and treatment facility are allowed to sign a certificate of leave to receive social insurance as assigned by the head of that medical examination and treatment facility.
- In accordance with the scope of professional activities of the medical examination and treatment facility that issues the certificate of leave to receive social insurance approved by the competent authority.
- In accordance with the patient's health condition and professional instructions of the Minister of Health.
The draft clearly states that only one certificate of leave from work for social insurance is issued per examination. In case a patient needs to take leave for more than 30 days, when the leave period stated on the issued certificate of leave from work for social insurance has expired or is about to expire, the patient must undergo a re-examination for the practitioner to consider and decide.
In case an employee is examined by two or more specialists of different medical examination and treatment facilities at the same time and is issued a certificate of leave to receive social insurance, he/she will only be entitled to the one of the certificates with the longest leave period.
In case an employee sees many specialists on the same day at the same medical facility for many different diseases, only one certificate of leave for social insurance will be issued and the employee will be entitled to social insurance benefits for the disease with the highest benefit.
In case a patient is treated for tuberculosis under the National Tuberculosis Control Program, the maximum leave period shall not exceed 180 days for one issuance of a certificate of leave to receive social insurance.
In case an employee has a miscarriage, abortion, curettage, suction curettage, or stillbirth with a gestational age of 13 weeks or more, the maximum leave period is according to the provisions of the Law on Social Insurance, but not more than 50 days for one time of issuing a certificate of leave to receive social insurance.
Practitioners working at licensed medical examination and treatment facilities are allowed to sign the certificate of leave to receive social insurance; in case the medical examination and treatment facility is not a legal entity, the practitioner must register the signature sample with the social insurance agency.
According to the draft, in case the employee or the employee's child under 7 years old has been treated as an inpatient, a discharge certificate must be issued according to the form. In case of hospital transfer during the treatment, a valid copy of the hospital transfer certificate must be included.
In case a patient dies at a medical examination and treatment facility, a hospital discharge certificate is not required. The implementation of the social insurance regime for the period of time the patient was treated at the medical examination and treatment facility before death is based on the time recorded on the death certificate according to the provisions of Circular No. 24/2020/TT-BYT dated December 28, 2020 of the Ministry of Health regulating the form of diagnosis of cause of death, issuance of death certificate and statistics of deaths at medical examination and treatment facilities.
In case the employee or the employee's child under 7 years old is receiving outpatient treatment, issue a certificate of leave to receive social insurance according to the form.
In case the patient needs to take leave for outpatient treatment after being discharged from the hospital, the social insurance agency will base on the number of days off recorded in the note section of the discharge paper as the basis for payment of social insurance benefits according to regulations.
The draft clearly states that the recording of disease codes and names of long-term diseases on certificates of leave for social insurance and hospital discharge papers must comply with the provisions of Circular No. 46/2016/TT-BYT dated December 30, 2016 of the Minister of Health on promulgating the List of diseases requiring long-term treatment. In case the disease code recorded in the certificate of leave for social insurance and hospital discharge papers matches the disease code specified in Circular No. 46/2016/TT-BYT but the disease name does not match the disease name specified in Circular No. 46/2016/TT-BYT, the long-term disease will be resolved according to the disease code specified in Circular No. 46/2016/TT-BYT.
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