Công văn 422/BHXH-CSXH giải quyết chế độ bảo hiểm với người lao động bị buộc cách ly

To:

- The Ministry of Labor, Invalids and Social Affairs

- The Ministry of Health

To implement the instruction of the Secretariat of the Party Central Committee in the Official Dispatch No. 79-CV/TW dated January 29, 2020 and the Prime Minister in the Directive No. 05/CT-TTg dated January 28, 2020 and the Directive No. 06/CT-TTg dated January 31, 2020 on the prevention and control of the acute respiratory infections caused by a new strain of Coronavirus (hereinafter referred to as Covid-19), the Vietnam Social Security issued the Official Dispatch No. 280/BHXH-CSYT on January 31, 2020 to direct the social insurance of provinces and cities to coordinate to implement the payment of treatment expenses for suspected Covid-19 cases. The implementation of social security policies for suspected Covid-19 cases not only covers medical treatment expenses but also is linked to the implementation of the sickness social insurance regime for employees who have infectious diseases specified in group A, some diseases in group B in general and the acute respiratory infections caused by the Covid-19 in particular and must be isolated in accordance with the provisions of the Law on Prevention and Control of Infectious Diseases shall arise some problems and need to be removed. To be specific:

1. On February 01, 2020, the Prime Minister issued the Decision No. 173/QD-TTg on the announcement of the epidemic of an acute respiratory epidemic caused by a new strain of Coronavirus. The dangerous level of such epidemic is defined as the infectious disease of group A. Clause 1, Article 4 of the Law on Prevention and Control of Infectious Diseases stipulates: “ Isolation is obligatory for persons suffering from an epidemic disease, persons suspected of suffering from an epidemic disease, persons carrying epidemic pathogens, persons who have been in contact with pathogens of an epidemic disease of class A and a number of diseases of class B stipulated by the Minister of Health”. In accordance with Article 1 of the Government’s Decree No. 101/2010/ND-CP dated September 30, 2020 on detailing the Law on Prevention and Control of Infectious Diseases regarding the application of measures of medical isolation, coercive medical isolation and specific epidemic control during the epidemic period, the medical isolation measures include: Medical isolation at home; medical isolation at health facilities; medical isolation at border gates and medical isolation at other places and facilities.

According to Article 25 of the Law on Social Insurance regarding conditions for enjoying the sickness regime for employees participating in social insurance, the employees who get sick or accidents other than labor accidents must take leave and have the certification of a competent health establishment under the Ministry of Health s regulations.

Therefore, for a person who is isolated without getting infectious diseases is not a case of sickness and does not need to be treated but he/she is forced to take leave to prevent the epidemic, it also relates to the benefits of social insurance.

Thus, in order to ensure benefits of the employees, the Vietnam Social Security proposes the Ministry of Labor, Invalid and Social Affairs to agree that the persons who are isolated according to the competent agencies’ decisions to prevent the epidemic shall be entitled to the sickness regime during the medical isolation period as prescribed.

2. Regarding application for enjoying the sickness regime for isolated persons

According to Clauses 1 and 2, Article 100 of the Law on Social Insurance, Clauses 1 and 2, Article 21 of the Circular No. 56/2017/TT-BYT, an application include: In case of undergoing inpatient treatment:  The hospital discharge paper; In case of outpatient treatment: The certificate of their leave under the social insurance regime; or the hospital discharge paper indicated by the physician, doctor for additional leave after the inpatient treatment period. However, for isolated persons who do not get infectious diseases, such papers are not required.

In accordance with Clause 7, Article 2 of the Circular No. 32/2012/TT-BTC dated February 29, 2012 of the Ministry of Finance on the regime, management and use of funding for persons subject to medical isolation, coercive medical isolation measures, the facilities implementing medical isolation shall be responsible for granting a certificate for the medical isolation duration to an isolated person to serve as a basis for enjoying the regimes as prescribed in the Labor Code, the Law on Social Insurance and its guiding documents (if any). However, for person subject to medical isolation at home, there is no regulation on the grant of application to serve as a basis for enjoying the sickness regime.

In accordance with Clause 4, Article 100 of the Law on Social Insurance, the Minister of Health shall stipulate the form, order and competence for the grant of certificate of an employee’s leave under the social insurance regime, hospital discharge paper and the papers to serve as a basis for enjoying the social insurance regime.

Thus, in order to ensure benefits of the employees, the Vietnam Social Security proposes the Ministry of Health to agree that the health stations at commune and ward where an employee resides, shall base on the List of cases subject to medical isolation at home approved by the Chief of Steering Committee for anti-epidemic at commune level, grant the certificate of leave under the social insurance regime for such employee to serve as a basis to settle the sickness regime as prescribed.

The Vietnam Social Security would like to report the Ministry of Labor, Invalid and Social Affairs and the Ministry of Health for early study and guidance./.