Can the valid copy of the copy of occupational disease record be included in the documents of medical assessment for lump-sum social insurance payout in Vietnam?

Who shall have responsibility for preparing the documents of medical assessment for lump-sum social insurance payout in Vietnam?

Pursuant to Article 11 of the Circular 56/2017/TT-BYT stipulating responsibility for preparing the documents of medical assessment for lump-sum social insurance payout in Vietnam as follows:

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:

a) The worker applies for assessment for lump-sum social insurance payout;

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;

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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.

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3. The employer shall prepare the documents of medical assessment and sent them to the Medical Assessment Council in the following cases:

a) Cases not specified in Clause 1, 2, 4 and 5 this Article;

b) Workers specified in Article 47 of the Law on occupational safety and hygiene.

As regulations above, the worker and relatives of the worker shall have responsibility for preparing the documents of medical assessment for lump-sum social insurance payout in Vietnam.

From 15/02/2023: Can the valid copy of the copy of occupational disease record be included in the documents of medical assessment for lump-sum social insurance payout in Vietnam?

Pursuant to Clause 6.b Article 5 of the Circular 56/2017/TT-BYT stipulating as follows:

Documents of first medical assessment

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6. Documents of medical assessment for lump-sum social insurance payout:

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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, 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;

Pursuant to Clause 6 Article 1 of the Circular 18/2022/TT-BYT (effective from 15/02/2023) amending Clause 6.b Article 5 of the Circular 56/2017/TT-BYT as follows:

Documents of first medical assessment

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6. Documents of medical assessment for lump-sum social insurance payout:

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b) Original copy or valid copy of at least one of the following medical documents:

- Medical record summary;

- Certificate of disability;

- Discharge note;

- Health record booklet;

- Health record paper;

- Subclinical results paper;

- Prescriptions of the health facility;

- Records of occupational diseases;

- Minutes of the most recent medical assessment of the person who has been assessed.

As regulations above, from 15/02/2023, the valid copy of the copy of occupational disease record can't be included in the documents of medical assessment for lump-sum social insurance payout in Vietnam. Only original copy or valid copy of the original copy of occupational disease record can be used.

What are diseases eligible for lump-sum social insurance payout in Vietnam?

Pursuant to Article 4 of the Circular 56/2017/TT-BYT stipulating diseases eligible for lump-sum social insurance payout in Vietnam as follows:

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.

2. Diseases other than those specified in Clause 1 this Article that result in at least 81% of work capacity reduction or impairment level 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.

Pursuant to Clause 1 Article 1 of the Circular 18/2022/TT-BYT (effective from 15/02/2023) amending Article 4 of the Circular 56/2017/TT-BYT as follows:

Amendments to circular No. 56/2017/TT-BYT dated December 29, 2017 of the Minister of Health on elaboration of the Law on Social Insurance and the Law on Occupational Safety and Health in the health sector (hereinafter referred to as Circular No. 56/2017/TT-BYT)

1. Article 4 is amended as follows:

“Article 4. Diseases eligible for lump-sum social insurance payout

Except for cases of being suffering from one of the life-threatening diseases such as cancer, polio, dropsy cirrhosis, leprosy, severe tuberculosis, HIV infection progressing into AIDS specified in point c clause 1 Article 60 of the Law on Social Insurance, a person suffering from diseases or illnesses that results in at least 81% of work capacity reduction or impairment level and total loss of the worker’s functions, self-control or he/she is unable to keep personal hygiene and complete other everyday tasks without other people watching, helping and taking care of him/her is fully eligible for lump-sum social insurance payout.

As regulations above, diseases eligible for lump-sum social insurance payout in Vietnam are:

- One of the life-threatening diseases such as cancer, polio, dropsy cirrhosis, leprosy, severe tuberculosis, HIV infection progressing into AIDS specified in point c clause 1 Article 60 of the Law on Social Insurance in 2014.

- Diseases or illnesses that results in at least 81% of work capacity reduction or impairment level and total loss of the worker’s functions, self-control or he/she is unable to keep personal hygiene and complete other everyday tasks without other people watching, helping and taking care of him/her is fully eligible for lump-sum social insurance payout.

Best regards!