To: The Ministry of Labor, War Invalids and Social Affairs

During the implementation of Decree No. 143/2018/ND-CP dated October 15, 2018 of the Government elaborating the Law on Social Insurance and the Law on Occupational Safety and Hygiene concerning compulsory social insurance for foreign employees in Vietnam, Vietnam Social Security faces the following difficulties in granting social insurance benefits. To be specific:

Clause 4 Article 84 of the Law on Social Insurance in 2014 on the social insurance fund: “Payment of fees for assessment of the working capacity decrease in case employees take assessment not as introduced by their employers and the assessment results show that these persons are eligible for social insurance benefits.”

Clause 1 Article 42 of the Law on Occupational Safety and Hygiene on the use of Insurance fund for occupational accidents and occupational diseases: “Payment of fees for medical assessment of injuries or diseases caused by occupational accidents or occupational diseases for entities eligible as prescribed in Article 45 and Article 46 of this Law; payment of fees for medical assessment for employees who proactively take medical assessment of decreased work capacity as prescribed in Point b Clause 1 and Clause 3 Article 47 of this Law and the medical assessment results show that they are entitled to higher benefit of occupational accidents and occupational diseases.”

However, Article 7 and Article 8 of Decree No. 143/2018/ND-CP does not provide for the payment of fees for medical assessment in cases:

- The assessment result shows that foreign employees in Vietnam are not healthy enough to take care of newborn children after birth or after receiving babies from surrogate mothers, or have to take maternity leave before delivery;

- The assessment result shows foreign employees in Vietnam are eligible for enjoying benefits for occupational accidents and occupational diseases.

Therefore, Vietnam Social Security does not have any ground for providing guidance to social insurance authorities of provinces and cities on payment of fees for medical assessment for the above-mentioned cases.

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For your information and compliance.

Sincerely./.

PP. GENERAL DIRECTOR
DEPUTY GENERAL DIRECTOR




Le Hung Son