Công văn 422/BHXH-CSXH năm 2020 về giải quyết chế độ bảo hiểm xã hội đối với người lao động bị buộc thực hiện biện pháp cách ly y tế phòng dịch viêm đường hô hấp cấp chủng mới Corona do Bảo hiểm xã hội Việt Nam ban hành

To implement the directions of the Secretariat of the Communist Party in the Official Dispatch No. 79-CV/TW dated 29/01/2020 and the directions of the Prime Minister in the Directive No. 05/CT-TTg dated 28/01/2020 and the Directive No. 06/CT-TTg dated 31/01/2020 on prevention and control of COVID-19 acute respiratory disease, Vietnam Social Security has sent the Official Dispatch No. 280/BHXH-CSYT dated 31/01/2020 to direct provincial Social Security offices to coordinate reimbursement for treatment of COVID-19 suspected cases. Implementation of social insurance  policies for COVID-19 suspected cases includes not only reimbursement for medical treatment, but also provision of social insurance benefits to workers contracting group A infectious diseases and certain group B diseases in general and COVID-19 respiratory disease in particular as stipulated in the Law on Prevention and Control of Infectious Diseases. This task will most likely lead to a number of difficulties that require resolution. Specifically:

1. On February 01, 2020, the Prime Minister promulgated the Decision No. 173/QD-TTg, declaring an epidemic of COVID-19, with the disease classified as a group A infectious disease. Clause 1, Article 4 of the Law on Prevention and Control of Infectious Diseases stipulates that persons suffering from infectious diseases, persons suspected of suffering from infectious diseases, carriers of infectious diseases, persons in contact with pathogens of group A infectious diseases and a number of group B diseases prescribed by the Minister of Health must be isolated or quarantined. Under the provisions of Article 1 of the Government's Decree No. 101/2010/ND-CP dated September 30, 2010, elaborating the Law on Prevention and Control of Infectious Diseases in terms of application of medical quarantine, enforced medical quarantine and specific anti-epidemic measures during epidemics, medical quarantine measures include self-quarantine; quarantine in medical facilities; quarantine at border checkpoints and quarantine in other establishments and at other locations.

According to Article 25 of the Law on Social Insurance, which prescribes conditions for entitlement to sickness benefits for policyholders, workers who have to take leave due to a sickness or an accident other than occupational accidents must obtain a confirmation from competent medical facilities as stipulated by the Ministry of Health.

Therefore, for quarantined persons who are not suffering from any contagious disease or sickness that requires treatment but are forced to take leave for epidemic prevention, they are entitled to social insurance benefits.

Thus, to ensure worker’s rights, Vietnam Social Security would like to propose that the Ministry of Labour, Invalids and Social Affairs consider granting mandatory sickness benefits to persons who are placed under medical quarantine for the purpose of epidemic prevention according to the decision from competent authorities during the quarantine period.

2. Regarding applications for sickness benefits offered to quarantined persons

Pursuant to Clause 1 and Clause 2 Article 100 of the Law on Social Insurance; and Clause 1 and Clause 2 Article 21 of the Circular No. 56/2017/TT-BYT, the application shall consist of the hospital discharge summary (for inpatient treatment) or the certificate of eligibility for social insurance benefits during leave of absence (for outpatient treatment); or the hospital discharge summary in which the in-charge physician or doctor prescribes further rest post-discharge. However, these documents are not provided for persons who are put under quarantine but do not suffer from any infectious disease.

According to Clause 7 Article 2 of Circular No. 32/2012/TT-BTC dated February 29, 2012 of the Ministry of Finance on benefits granted to persons under medical quarantine or enforced medical quarantine and management and use of funding therefor, quarantine sites shall issue certificates of medical quarantine duration to quarantined persons to provide the basis for grant of the benefits prescribed by the Labor Code, the Law on Social Insurance and guiding documents (if any). However, this regulation is not applicable to self-quarantined persons.

According to Clause 4 Article 100 of the Law on Social Insurance, the Minister of Health shall stipulate the forms of the certificate of eligibility for social insurance benefit during leave of absence, hospital discharge summary and other documents providing the basis for entitlement to social insurance benefits, and procedures for and competence in issuance thereof.

Therefore, in order to ensure worker’s rights, Vietnam Social Security would like to propose that the Ministry of Health consider requesting medical stations of communes where there are self-quarantined persons to issue the certificate of eligibility for social insurance benefits during leave of absence based on the list of self-quarantined cases approved by the head of the commune-level steering committee for epidemic prevention and control, which would provide the basis for provision of sickness benefits per regulations.

Vietnam Social Security hereby reports to the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Health for timely promulgation of guidelines./.

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This document is handled by Dữ Liệu Pháp Luật . Document reference purposes only. Any comments, please send to email: [email protected]