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MINISTRY
OF HEALTH
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
56/2017/TT-BYT
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Hanoi,
December 29, 2017
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CIRCULAR
GUIDELINES FOR SOME ARTICLES ON HEALTH OF THE LAW ON SOCIAL
INSURANCE AND THE LAW ON OCCUPATIONAL SAFETY AND HYGIENE
Pursuant to the Law on social
insurance No. 58/2014/QH13 dated November 20, 2014;
Pursuant to the Law on
occupational safety and hygiene No. 84/2015/QH13 dated June 25, 2015;
Pursuant to Decree No.
75/2017/ND-CP dated June 20, 2017 of the Government defining functions, tasks,
powers and organizational structure of Ministry of Health;
At the request of Director of
the Legal Department, Director of Medical Examination & Treatment
Administration, Director of Mother and Child Health Department,
The Minister of Health
promulgates a Circular providing guidelines for some articles on health of the
Law on social insurance and the Law on occupational safety and hygiene.
Chapter I
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Article 1.
Scope
This Circular provides for:
1. Diseases, the authority to
determine diseases eligible for lump-sum social insurance payout.
2. Medical assessment of work
capacity reduction (whole person impairment) as the basis for workers and their
relatives to receive social insurance payout.
3. Issuance of discharge notes,
birth certificate, copies of medical records, confirmation of maternity leave,
confirmation of poor postpartum health and confirmation of eligibility to
receive social insurance benefits.
Article 2.
Regulated entities
1. Workers participating in
social insurance as specified in Clause 1 and Clause 4 Article 2 of the Law on
social insurance and Article 43 of the Law on occupation safety and hygiene.
2. Workers specified in Clause 1
of this Article whose social insurance participation period is reserved or
retired workers pending pension or monthly benefits; voluntary social insurance
participants who have paid compulsory social insurance premiums for at least 20
years.
3. Relatives of workers who
participated in social insurance applying for medical assessment of work
capacity reduction to receive death benefits for the workers (hereinafter
referred to as worker’s relative).
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In this Circular, these terms
are construed as follows:
1. “Sick leave” means a
period of time over which a worker is not healthy enough to work and is
required by a physician to take a sick leave.
2. “Valid copy” means a
copy that is extracted from the original book or has been compared with the
original by a competent authority.
3. “Medical record summary” means
the summary of a medical record prescribed by regulations of law on medical
examination and treatment.
Chapter II
DISEASES ELIGIBLE FOR LUMP-SUM SOCIAL INSURANCE PAYOUT
AND DOCUMENTS OF MEDICAL ASSESSMENT FOR SOCIAL INSURANCE PAYOUT
Article 4.
Diseases eligible for lump-sum social insurance payout
The diseases eligible for
lump-sum social insurance payout include:
1. Cancer, polio, cirrhosis of
the liver, leprosy, severe tuberculosis, HIV/AIDS and total loss of the
worker’s functions, self-control or he/she is unable to move, dress, keep
personal hygiene and complete other everyday tasks without other people
watching, helping and taking care of him/her.
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Article 5.
Documents of first medical assessment
1. Documents of first medical
assessment due to an occupational accident:
a) Letter of introduction of the
employer according to Annex 1 enclosed herewith in case the victim of occupational
accidents is under the management of the employer at the time of medical
assessment or the application for medical assessment according to Annex 2
enclosed herewith in case the victim is no longer under the management of the
employer at the time of application for medical assessment;
b) Original copy or valid copy
of the injury confirmation issued by the health facility (that provided
treatment for the worker) in accordance with the template specified in Decision
No. 4069/2001/QĐ-BYT dated September 28, 2001 of the Minister of Health;
c) Original copy or valid copy
of the record of occupational accident investigation in accordance with Annex 7
enclosed together with Joint Circular No. 12/2012/TTLT-BLĐTBXH-BYT dated May
21, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Health guiding the statement, investigation, statistics and reports
on occupational accidents;
d) Discharge note as specified
by the Minister of Health or the medical record summary. If the worker is not
an outpatient or patient, papers of treatment for injury in conformity with the
time of occurrence of the assessed occupational accident and injury.
In case the assessed person is
one of the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene: the medical record summary must clearly state
that the injury from occupational accident cannot become stable after
treatment.
dd) One of the following
documents with photo: ID; Citizen Identification; passport that remains valid.
If there are no abovementioned documents, a written confirmation with a photo
bearing a seal issued by the police authority of the Commune within the last 03
months from the time of application for medical assessment.
2. Documents of first medical
assessment of occupational diseases:
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b) Original copy or valid copy
of the occupational disease record;
c) Medical record summary of
treatment for occupational diseases of the worker relevant to occupational
diseases (if any).
In case the assessed person is
one of the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene: the medical record summary must clearly state
that the occupational diseases cannot become stable after treatment.
d) One of the documents
specified in Point dd Clause 1 this Article.
3. Documents of medical
assessment as the basis for provision of pension for a worker:
a) Letter of introduction of the
employer according to Annex 1 enclosed herewith in case the worker is paying
compulsory social insurance or the application for medical assessment according
to Annex 2 enclosed herewith in case of workers whose social insurance
participation period is reserved and retired workers pending pension or monthly
benefits;
b) Original copy or valid copy
of at least one of the following medical documents: Medical record summary,
disability confirmation, discharge note, prescriptions, copy of occupational
disease record and assessment record of occupational diseases or occupational
accidents in case the worker has been medically assessed occupational diseases
or occupational accidents;
c) One of the documents specified
in Point dd Clause 1 this Article.
4. Documents of medical
assessment as the basis for provision of death benefits:
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b) Original copy or valid copy
of at least one of the following medical documents: Medical record summary,
disability confirmation, discharge note, prescriptions and assessment record of
occupational diseases or occupational accidents in case the worker has been
medically assessed occupational diseases or occupational accidents;
c) One of the documents
specified in Point d Clause 1 this Article.
5. Documents of medical
assessment for confirmation of inadequate postpartum health, inadequate health
after receiving the child due to surrogacy or maternity leave;
a) Application for assessment
according to Annex 2 enclosed herewith;
b) Original copy or valid copy
of at least one of the following medical documents: Medical record summary
(maternity record or other diseases), disability confirmation, discharge note, prescriptions,
copy of occupational disease record and assessment record of occupational
diseases or occupational accidents in case the worker has been medically
assessed occupational diseases or occupational accidents;
c) One of the documents
specified in Point dd Clause 1 this Article.
6. Documents of medical
assessment for lump-sum social insurance payout:
a) Application for medical
assessment according to Annex 2 enclosed herewith;
b) Original copy or valid copy
of at least one of the following medical documents: Medical record summary,
disability confirmation, discharge note, prescriptions, copy of occupational
disease record and assessment record of occupational diseases or occupational
accidents in case the worker has been medically assessed occupational diseases
or occupational accidents;
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Article 6.
Documents of re-assessment due to relapse
1. Documents of medical
re-assessment due to relapse of injury from an occupational accident:
a) Application for medical
assessment according to Annex 2 enclosed herewith;
b) Original copy or valid copy
of medical record summary according to the template specified in Annex 4
enclosed herewith or discharge note according to the template specified in
Annex 3 enclosed herewith which clearly specifies the injury relapse.
In case the assessed person is
one of the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene: the medical record summary must clearly state
that the injury from occupational accident cannot become stable after
treatment.
c) Original copy or valid copy
of the latest medical assessment record enclosing with the injury confirmations
which bears the injuries assessed in the record.
In case the assessed person is
one of the subjects specified in Clause 2 Article 12 hereof: original copy of
the latest medical assessment record, in which the conclusion about the time
limit for re-assessment must be specified.
d) One of the documents
specified in Point dd Clause 1 Article 5 this Circular.
2. Documents of medical
re-assessment due to relapse of occupational diseases:
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b) Original copy or valid copy
of the occupational disease record;
c) Original copy or valid copy
of medical record summary according to the template specified in Annex 4
enclosed herewith or discharge note according to the template specified in
Annex 3 enclosed herewith which clearly specifies the injury relapse.
In case the assessed person is
one of the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene: the medical record summary must clearly state
that the occupational diseases cannot become stable after treatment.
d) Original copy or valid copy
of the latest medical assessment record.
In case the assessed person is
one of the subjects specified in Clause 2 Article 12 hereof: original copy of
the latest medical assessment record, in which the conclusion about the time
limit for re-assessment must be specified.
dd) One of the documents
specified in Point dd Clause 1 Article 5 this Circular.
Article 7.
Documents of general medical assessment
1. Letter of introduction of the
employer according to Annex 1 enclosed herewith in case the person being
generally assessed is under the management of the employer at the time of
medical assessment or the application for medical assessment according to Annex
2 enclosed herewith in case the worker is retired or no longer does the jobs
posing risk of occupational diseases is detected any occupational disease
within the coverage period of the disease, including workers whose social
insurance participation period is reserved, retired workers pending pension or
monthly benefits and workers on pensions or monthly benefits.
2. Original copy or valid copy
of the latest medical assessment record (if any).
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4. One of the documents
specified in Point dd Clause 1 Article 5 this Circular.
Article 8.
Documents of reassessment by Central Medical Assessment Council if the case is
beyond capacity
1. Letter of introduction
prepared by the head of the governing organization of the Medical Assessment
Council bearing the signature and seal as specified in Annex 1 enclosed
herewith.
2. Documents of assessment as
specified in Article 5, 6 or 7 this Circular in conformity with the subject and
type of assessment.
3. Medical assessment record in
case the provincial Medical Assessment Council has carried out the medical
assessment of the subject or there are sealed and signed minutes of meeting of
the Medical Assessment Council saying the case is beyond its capacity if no
assessment has been carried out.
Article 9.
Documents of reassessment by Central Medical Assessment Council at the request
of organizations or individuals
1. Written request for
reassessment by Central Medical Assessment Council of one of the following
agencies:
a) The Medical Examination and
Treatment Administration, the Ministry of Health;
b) The Ministry of Labor,
Invalids and Social Affairs;
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d) The Department of Labor,
Invalids and Social Affairs;
dd) Social insurance authorities
at provincial level or more;
e) Employers;
g) The provincial Medical
Assessment Council in case the provincial Medical Assessment Council has
carried out the medical assessment but the person disagrees with the conclusion
given by the provincial Medical Assessment Council and requests the
reassessment. The written request must bear the signature and seal of the head
of the governing organization of the Medical Assessment Council assessing the
person and must specify that the person disagrees with the conclusion given by
the provincial Medical Assessment Council and requests the reassessment at the
same time be enclosed with an application for reassessment by Central Medical
Assessment Council prepared by such person in accordance with Annex 2 enclosed
herewith.
2. Valid copy of the medical
assessment record as specified in Article 5, 6 or 7 this Circular in conformity
with each subject and type of assessment.
3. Original copy or valid copy
of the medical assessment record of the provincial Medical Assessment Council.
Article 10.
Documents of final medical reassessment
1. Written request for final
reassessment by Central Medical Assessment Council of one of the following
agencies:
a) The Ministry of Health;
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c) The Vietnam Social Security;
d) Employers;
dd) The Central Medical
Assessment Council in case the Central Medical Assessment Council has carried
out the medical assessment but the person disagrees with the conclusion given
by the Central Medical Assessment Council and requests the reassessment.
The written request must bear
the signature and seal of the head of the governing organization of the Central
Medical Assessment Council assessing the person and must specify that the person
disagrees with the conclusion given by the Council and at the same time be
enclosed with an application for final reassessment by Central Medical
Assessment Council prepared by such person.
2. Decision on establishment of
the final Medical Assessment Council issued by the Minister of Health.
3. Medical assessment record as
specified in Article 8 or 9 this Circular in conformity with each subject and
type of medical assessment.
4. Medical assessment record of
the Central Medical Assessment Council.
Article 11.
Responsibility for preparing the documents of medical assessment
1. The worker shall prepare the
documents of medical assessment and sent them to the Medical Assessment Council
in the following cases:
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b) First assessment pending
provision of pension for a worker whose social insurance participation period
is reserved or a retired worker pending pension or monthly benefits;
c) Assessment of a retired
worker or a worker suffering an occupational disease whose social insurance
participation period is reserved;
d) Assessment for confirmation
of inadequate postpartum health, inadequate health after receiving the child
due to surrogacy or maternity leave;
dd) Assessment applied to the
subjects specified in Point c Clause 1 Article 47 of the Law on occupational
safety and hygiene;
g) Assessment of relapse,
including retired workers applying for assessment of relapse;
h) General assessment of a
worker whose social insurance participation period is reserved or a retired
worker.
If the worker specified in this
Clause cannot prepare the documents by himself/herself due to health problems,
the employer or relatives of the worker may prepare the documents of medical
assessment on behalf of the worker. The application for medical assessment must
be in accordance with Annex 2 enclosed herewith, in which the confirmation on
the worker’s personal status issued by the People’s Committee or police
authority at the Commune must be included.
2. The relative of the worker
shall prepare the documents of medical assessment and sent them to the Medical
Assessment Council in case of request for medical assessment for monthly
benefits. The application for medical assessment must be in accordance with
Annex 2 enclosed herewith, in which the confirmation on the worker’s personal
status issued by the People’s Committee or police authority at the Commune must
be included.
3. The employer shall prepare
the documents of medical assessment and sent them to the Medical Assessment
Council in the following cases:
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b) Workers specified in Article
47 of the Law on occupational safety and hygiene.
4. Governing organization of the
Provincial Medical Assessment Council shall prepare the documents of
reassessment by Central Medical Assessment Council.
5. Governing organization of the
Central Medical Assessment Council shall prepare the documents of final
reassessment.
Article 12.
Time limit for reassessment
1. Reassessment of an
occupational accident or occupational disease shall be carried out at least
after 02 years (24 months) from the day on which the Medical Assessment Council
gives a conclusion on the rate of work capacity reduction because of the latest
occupational accident or occupational disease, except for cases specified in
Point c Clause 1 Article 47 of the Law on occupational safety and hygiene.
2. In case of determination of
continuously progressed injury from an occupational accident or occupational disease
which leads to change in level of injury, the Medical Assessment Council may
conclude the time limit for the next medical assessment shorter than the time
limit prescribed in Clause 1 this Article.
3. An assessed person other than
the subjects defined in Clauses 1 and 2 of this Article but have a new medical
record summary or a new discharge note showing that they have other diseases or
the assessed disease changes its level of illness compared to the status of the
disease, disability concluded in the latest medical assessment record may be
requested to be assessed in a period of 03 months from the issuance date of the
new medical record summary or the new discharge note.
Article 13.
Procedure and content of medical assessment
1. The processing of documents
of medical assessment and procedure of medical assessment shall comply with
Circular No. 52/2016/TT-BYT dated December 30, 2016 of the Minister of Health
on tasks, rights, liaison and operation of Medical Assessment Council at all
level (hereinafter referred to as Circular No. 52/2016/TT-BYT).
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a) Content of first medical
assessment of an occupational accident according to the injuries recorded in
the injury confirmation;
b) Content of medical assessment
of relapse: carry out medical assessment of all injuries recorded in the injury
confirmation and:
- Injury relapse recorded in the
medical record summary in accordance with the injury confirmation;
- Injury which cannot become
stable after treatment and is recorded in the medical record summary regarding
the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene;
- Continuously progressed injury
from an occupational accident which is recorded in the medical record summary
as specified in Clause 2 Article 12 this Circular;
c) Content of general medical
assessment of many occupational accidents under Point a and b this Clause and
in accordance with each case.
3. Content of medical assessment
of occupational diseases:
a) Content of first medical
assessment of occupational diseases under the occupational disease record and
injuries due to occupational diseases within the occupational disease coverage
period in accordance with law provisions;
b) Content of medical assessment
of occupational disease relapse: carry out medical assessment of all injuries
recorded in the occupational disease record and:
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- Injury which cannot become
stable after treatment and is recorded in the medical record summary regarding
the subjects specified in Point c Clause 1 Article 47 of the Law on
occupational safety and hygiene;
- Continuously progressed injury
from an occupational accident which is recorded in the medical record summary
as specified in Clause 2 Article 12 this Circular;
c) Content of general medical
assessment of many occupational diseases under Point a and b this Clause and in
accordance with each case.
4. Contents of medical
assessments to receive retirement benefits, death benefits, parental leave and
lump-sum social insurance payout based on the documents specified in Clause 3
or 4 Article 5 and Clause 2 Article 12 this Circular in accordance with each
case.
In case of assessment record of
occupational accident, occupational disease or war invalid, the diseases and
injuries recorded in such assessment record shall not be re-assessed.
In case there is a medical
assessment record of injuries and rates of injuries from occupational accident,
occupational disease or war invalid which are different from the newly caught
disease, the determined rates of injuries from occupational accident,
occupational disease or war invalid shall be added to the rates of injuries
from diseases to be assessed.
In case of assessment to receive
lump-sum social insurance payout: The medical assessment record shall specify
the contents as specified in Article 4 this Circular.
5. The content of general
medical assessment shall be implemented as follows:
a) Content of general medical
assessment as specified in Clause 2, 3 this Article and in accordance with each
case;
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The rate of work capacity
reduction shall be determined based on results of examination of all current
injuries and occupational diseases in accordance with Joint Circular No.
28/2013/TTLT-BYT-BLDTBXH dated September 27, 2013 of the Ministry of Health and
the Ministry of Labor, War Invalids and Social Affairs on ratings of
impairments caused by injuries, illness, disability and occupational diseases
(hereinafter referred to as Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH).
c) When a person who is already
suffering from an injury or occupational disease catches another injury or
occupational disease which causes a different disability:
The rate of work capacity reduction
caused by the new injury or occupational disease shall be aggregated with that
of the previous occupational accident or occupational disease written in the
previous medical assessment record in accordance with Joint Circular No.
28/2013/TTLT-BYT-BLDTBXH.
d) When a person has been
carried out medical assessments due to occupational accidents or occupational
diseases at least 2 times but the rate has not been aggregated:
- If the person has been carried
out medical assessments due to occupational accidents or occupational diseases
at least 2 times before the effective date of this Circular, the Medical
Assessment Council shall aggregate the rate of injuries of such assessment
records in accordance with Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH and issue
a new assessment record.
- Except for the abovementioned
cases, the Medical Assessment Council shall carry out medical assessment to all
injuries recorded in the latest assessment record and aggregate the injury rate
with that of the remaining assessment record.
Article 14.
Expiry date of a medical assessment record
A medical assessment record
shall be unexpired until the issuance of the next medical assessment record
with the same content and objective.
Chapter
III
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Article 15.
Issuance of discharge notes
1. Authority to issue discharge
notes: Licensed health facilities providing inpatient treatment.
2. The discharge note template
is provided in Annex 3 enclosed herewith.
3. If the patient stays at a
commune-level Health station as specified in Point a Clause 4 Article 7 No.
41/2014/TTLT-BYT-BTC dated November 24, 2014 of the Ministry of Health and the
Ministry of Finance guiding health insurance, the health station may issue a
discharge note in accordance with the template specified in Annex 3 enclosed
herewith when the patient is discharged from the health station.
Article 16.
Issuance of birth certificates
1. Authority to issue birth
certificates: Licensed health facilities providing midwifery service.
2. Procedures for issuance,
reissuance and adjustment of birth certificates are specified in Circular No.
17/2012/TT-BYT and Circular No. 34/2015/TT-BYT.
3. The birth certificate
template is provided in Annex 5 enclosed herewith.
The birth certificate of a child
born from surrogacy shall be issued in accordance with Circular No.
34/2015/TT-BYT.
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1. Authority to issue medical
record summary: Licensed health facilities providing outpatient treatment.
2. The discharge note medical
record summary template is provided in Annex 4 enclosed herewith.
3. If the patient stays at a
commune-level Health station as specified in Point a Clause 4 Article 7 No.
41/2014/TTLT-BYT-BTC dated November 24, 2014 of the Ministry of Health and the
Ministry of Finance guiding health insurance, the health station may issue a
medical record summary in accordance with the template specified in Annex 4
enclosed herewith when the patient is discharged from the health station.
Article 18.
Issuance of maternity leave confirmation
1. Authority to issue maternity
leave confirmations:
a) Any licensed general hospital
having an obstetrics department or maternity hospital may issue maternity leave
confirmations due to obstetric diseases;
b) Any licensed general hospital
or Medical Assessment Council may issue maternity leave confirmations due to
sickness;
c) Practitioners at a health
facility specified in Point a or b of this Clause may issue maternity leave
confirmations due to obstetric diseases or sickness as authorized by the head
of such facility.
2. The confirmation of maternity
leave shall be based on the result of consultation held by departments relevant
to the patient’s sickness.
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a) The template specified in
Annex 6 enclosed herewith shall be applied to pregnant workers who resigned and
receive outpatient treatment;
b) The confirmation of
eligibility to receive social insurance benefits in accordance with Annex 7
enclosed herewith shall be applied to pregnant workers paying compulsory social
insurance who receive outpatient treatment;
c) The medical assessment record
in accordance with the Annex enclosed in Circular No. 52/2016/TT-BYT in case
the maternity leave is issued by the Medical Assessment Council;
d) The medical record summary
according to the template specified in Annex 4 enclosed herewith or discharge
note according to the template specified in Annex 4 enclosed herewith.
4. The medical assessment record
must describe in detail the health status or name of the disease in case of
assessment for maternity leave. In case of illness requiring long-term
treatment, the disease code shall be inscribed; if the disease code is not
available, the full name of the disease shall be written. The recording of the
disease code and name shall comply with the provisions of Circular No.
46/2016/TT-BYT.
Term of maternity leave is based
on the conclusions of the Medical Assessment Council: The decision on the
number of days of leave must be based on the patient's medical condition, but
must not exceed 30 days for an issuance of maternity leave confirmation.
The start date of leave must
coincide with the day the patient visits the hospital.
Example: The date of doctor’s
visit is July 13, 2018 and must go on a leave for 30 days. The “days absence
from work” part must be written as 30 days from July 13, 2018, to August 11,
2018.
The medical assessment record
for maternity leave is only valid in the granting of illness and maternity
benefits.
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6. In case the maternity leave
confirmation is lost within 05 working days from the issuance date:
a) The person granted the
maternity leave confirmation shall prepare a written request for issuance of a
copy of the maternity leave confirmation and send it to the authority issuing
the lost maternity leave confirmation;
b) Within 02 working days from
the receipt of the written request for issuance of the copy of the maternity
leave confirmation, the authority issuing the lost maternity leave confirmation
shall grant such person the copy of the maternity leave confirmation.
7. In case the maternity leave
confirmation is lost as from the 6th working day after the issuance
date: the person must carry out the procedure for request of issuance of
maternity leave confirmation again.
Article 19.
Issuance of confirmation or poor postpartum health or poor health after
receiving the child from surrogacy
1. The authority to issue
confirmations or poor postpartum health or poor health after receiving the
child from surrogacy: Provincial Medical Assessment Councils and above.
2. The medical assessment record
shall be prepared in accordance with the Annex enclosed in Circular No.
52/2016/TT-BYT in which shall specifies that the mother is not healthy enough
to provide care for her newborn child.
3. The conclusion specified in
Clause 2 this Article is only used for grant of maternity benefits.
Chapter IV
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Article 20.
Rules for issuance of confirmation of eligibility to receive social insurance
benefits
1. The issuance of confirmation
of eligibility to receive social insurance benefits shall comply with the
following regulations:
a) Be issued by a licensed
health facility. Practitioners at such health facility may sign the
confirmation of eligibility to receive social insurance benefits as authorized
by the head of such facility;
b) Be appropriate with the scope
of operation of the health facility that issues the confirmation which is
approved by a competent authority;
c) Be appropriate with the
patient’s medical condition and professional instructions of the Minister of
Health.
2. Only one confirmation of
eligibility to receive social insurance benefits shall be issued each doctor
visit. In cases the patient needs to rest for more than 30 days or when the
term of leave inscribed on the granted confirmation of eligibility to receive
social insurance benefits is almost over, the patient must be conducted a
follow-up examination so that the practitioner can consider and decide.
If a worker is issued with more
than one confirmations of eligibility to receive social insurance benefits by
various departments of different health facilities, the one with the longest
duration shall apply.
If a worker is treated at
various departments of a health facility in a day, only one confirmations of
eligibility to receive social insurance benefits shall be issued.
3.Practitioners at such health
facility may sign the confirmation of eligibility to receive social insurance
benefits as authorized by the head of such facility; if the health facility is
not a juridical person, the practitioner must register his/her signature with
the social insurance authority.
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1. The medical record summary
according to the template specified in Annex 3 enclosed herewith shall be used
for workers or children aged under 7 of workers receiving impatient treatment.
If the person transfers to
another health facility during the treatment, a valid copy of the outward
referral form shall be provided.
If the victim passed away at a
health facility, such health facility is not required to issue a discharge
note. The implementation of social insurance benefits during the treatment
period of the victim at the health facility before his/her death shall be based
on the date recorded in the death certificate prepared in accordance to form
TP/HT/1999-C1 specified in Decision No. 1203-QĐ/1998/TP-HT.
2. The confirmation of
eligibility to receive social insurance benefits according to the template
specified in Annex 7 enclosed herewith shall be used for workers or children
aged under 7 of workers receiving outpatient treatment.
If a patient needs to take a
leave for outpatient treatment after discharged from the hospital, the social
insurance authority shall provide social insurance benefits according to the
leave duration (days) written on the discharge note.
3. The confirmation of
eligibility to receive social insurance benefits template is provided in Annex
7 enclosed herewith.
4. The conclusion on the health
condition specified in Clause 4 this Article is valid for 6 months from the
date written on the confirmation of maternity leave and only used for grant of
maternity benefits.
Chapter V
IMPLEMENTATION RESPONSIBILITIES
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The Medical Examination &
Treatment Administration shall take charge and cooperate with the Mother and Child
Health Department, the Traditional Medicine Administration and Ministry
Inspectorate in:
1. Organizing the implementation
and reviews of implementation of this Circular nationwide.
2. Carrying out inspections,
dealing with violations and handling issues arising during the implementation
of this Circular in accordance with effective law provisions.
Article 23.
Responsibilities of Vietnam Social Security
1. Provide instructions for
social insurance authorities on implementation of this Circular.
2. Direct Social Securities at
the provinces to provide instructions for health facilities on posting the list
of facilities entitled to issue confirmation of eligibility to receive social
insurance benefits on the websites of Vietnam Social Security and provincial
social insurance authorities. Inspect the issuance of confirmation of
eligibility to receive social insurance benefits by health facilities.
Article 24.
Responsibilities of Provincial Departments of Health
1. Organize reviews of the
implementation of this Circular within their provinces.
2. Carrying out inspections,
dealing with violations and handling issues arising during the implementation
of this Circular in accordance with effective law provisions.
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1. Update data about dossiers,
documents, medical assessment record on the national medical examination and
treatment database in order to connect to the data of social insurance
authorities. Make electronic documents of medical examination and treatment
covered by health insurance as specified in Decree No. 166/2016/NĐ-CP and take
responsibilities for the legality and accuracy thereof.
2. Provide the following
documents to the assessed person after the assessment is completed:
a) Assessment record;
b) Assessment bill and invoice;
c) List of assessment contents.
In case the assessment contents are carried out by another health facility, the
name of such health facility must be written in the “note” column.
Article 26.
Responsibility of health facilities
1. Disseminate the content of
this Circular among their practitioners and employees.
2. Provide documents for workers
as the basis for receipt of social insurance benefits in accordance with this
Circular; examine the content of documents specified in this Circular prepared
by their practitioners and take legal responsibility for the accuracy and
truthfulness thereof.
3. Update data about medical
examination and treatment on the national medical examination and treatment
database in order to connect to the data of social insurance authorities. Make
electronic documents of medical examination and treatment covered by health
insurance as specified in Decree No. 166/2016/NĐ-CP and take responsibilities
for the legality and accuracy thereof.
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5. Health facilities issuing
discharge notes, birth certificate, confirmation of maternity leave,
confirmation of poor postpartum health and confirmation of eligibility to
receive social insurance benefits shall:
a) Re-issue the discharge notes,
birth certificate, confirmation of maternity leave, confirmation of poor
postpartum health and confirmation of eligibility to receive social insurance
benefits in the following cases:
- It is lost or broken;
- The person signing the
confirmations is ultra-vires;
- The seals appended on the
confirmations are invalid;
- Information recorded on the
discharge notes, birth certificate, confirmation of maternity leave,
confirmation of poor postpartum health or confirmation of eligibility to
receive social insurance benefits is incorrect.
In case of re-issuance, a
“re-issuance’ seal shall be appended on the discharge notes, birth certificate,
confirmation of maternity leave, confirmation of poor postpartum health and
confirmation of eligibility to receive social insurance benefits.
b) Supplement the contents of
the discharge notes, birth certificate, confirmation of maternity leave,
confirmation of poor postpartum health or confirmation of eligibility to
receive social insurance benefits if the information recorded on the discharge
notes, birth certificate, confirmation of maternity leave, confirmation of poor
postpartum health or confirmation of eligibility to receive social insurance benefits
is incorrect.
After the supplementation, such
documents must bear the seal of the health facilities (the seal which is
registered with the social insurance authority) where it is supplemented.
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- Register seal samples in
accordance with Annex 8 enclosed herewith if the health facility is a juridical
person;
- Register seal and signature
samples of the practitioners authorized to sign the confirmation of eligibility
to receive social insurance benefits in accordance with Annex 8 enclosed
herewith if the health facility is not juridical person.
In case the health facility
changes the seal sample or the person authorized to sign the confirmation of
eligibility to receive social insurance benefits on behalf of the organization
head, the health facility must send a written notice to the provincial or
district-level social insurance authority (as prescribed by the Vietnam Social
Security) where its head office is located within 05 working days from the date
of change.
The appliance of electronic
signature shall comply with law provisions on electronic signature.
d) Authorize a person to sign on
the confirmation of eligibility to receive social insurance benefits.
The authorization must be in
writing and be sent to the provincial social insurance authority where the
facility’s head office is located. The authorized person shall not
re-authorize. The written authorization shall specify the following contents:
Full name and position of the authorized person; scope of authorization (the
authorized person may sign or seal on the documents on which case) and period
of authorization.
Chapter VI
IMPLEMENTATION CLAUSE
Article 27.
Effect
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2. Circular No. 14/2016/TT-BYT
dated May 12, 2016 of the Minister of Health providing guidelines for some
Articles on health of the Law on social insurance shall be annulled from the
effective date of this Circular.
Article 28.
Grandfather clause
1. Discharge notes, birth
certificates, confirmations of eligibility to receive social insurance
benefits, injury confirmations and death certificates issued by the health
facilities within their powers and professional regulations prescribed by the
Ministry of Health from July 01, 2016 to before the effective date of this
Circular but their forms, dates, seals or signatures are incorrect, they shall
remain valid for granting social insurance benefits.
2. The templates of the
confirmation of eligibility to receive social insurance benefits, discharge
note and birth certificate issued before the promulgation date of this Circular
are effective until December 31, 2018.
Article 29.
Terms of reference
In case the legislative
documents and regulations cited in this Circular are changed or replaced, the
newer ones shall apply.
Difficulties that arise during
the implementation of this Circular should be promptly reported to the Ministry
of Health (via the Medical Examination & Treatment Administration) for
consideration./.
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