Circular No. 14/2016/TT-BYT provides detailed guidance on implementing certain Articles of the Social Insurance Law in the field of healthcare.

CIRCULAR

REGULATIONS DETAILING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE SOCIAL INSURANCE LAW IN THE HEALTH SECTOR

Pursuant to the Social Insurance Law No. 58/2014/QH13 dated November 20, 2014 2014;

Pursuant to the Labor Safety and Health Law No. 84/2015/QH13 ngayy June 25, 2015;

Pursuant to the Social Insurance Law y standards number 25/2008/QH12 dated 14thJune 2024;energy 11st year 2008 and the Social Insurance Lawđổamending and supplementing certain articles of the Civil Servants Law and the Civil Servants Law dated November 25, 2019;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. Article cDeputy ministers of ministerial-level agencies,of the Social Insurance y Law 46/2014/QHNo. 13th June 2014;13 ngayy Pursuant to the Medical Examination and Treatment Law

40/2009/QH12 dated November 23, 2009;June 2024;Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012No. stipulating functions, tasks,

powers and organizational structure of the Legal Affairs Department, Director of the General Department of Health Administration, Director of the Medical Examination and Treatment Department, Director of the Department of Maternal and Child Health, and Director of the Social Insurance Department under the Ministry of Health promulgating this Circular guiding detailed implementation of certain articles of the Social Insurance Law in the health sector.y 1. List of diseases, authority to determine diseases eligible for one-time social insurance benefits.Deputy ministers of ministerial-level agencies,a At the proposal of 2. Procedures for establishing files, examination and assessment procedures for disability level determination to receive social insurance for workers and their dependents. ON 3. Issuance of discharge certificates, birth certificates, copies of medical records, summaries of medical records, certificates of maternity leave, certificates of insufficient health to care for children after childbirth, and certificates of sick leave for social insurance benefits.Deputy ministers of ministerial-level agencies,the Ministry of Health;

This Circular guides on the functions, duties, powers, organizational structure, operational regulations, and relationships between Management Boards and heads of public service units and superior management agencies; standards and conditions for appointment and removal of members of Management Boards, including Chairpersons of Management Boards in public service units.in4. List of diseases requiring long-term treatment as prescribed in Appendix 1 attached to this Circular.n l1. Workers participating in social insurance as stipulated in Clause 1 and Clause 4 of Article 2 of the Social Insurance Law No. 58/2014/QH13.This provision has been amended pursuant to Article 1 of Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA amending and supplementing Article 13 of Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 of the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security guiding the implementation of Decree No. 78/2009/NĐ-CP dated September 22, 2009 of the Government detailing and guiding the implementation of certain Articles of the Law on Vietnamese Citizenship, effective from March 16, 2013.EBS12. Leather shoes2. Workers as stipulated in Clause 1 of this Article who are preserving time for social insurance contributions or workers who have been decided to stop work awaiting retirement benefit resolution; voluntary social insurance participants who have contributed for at least 20 years of mandatory social insurance.in3. Individuals requesting examination and assessment of disability level to receive survivor benefits are dependents of workers participating in social insurance who have died (hereinafter referred to as dependents of workers).ỏWorkerinis a person working and participating in mandatory social insurance as provided for by the Social Insurance Law.n lTime off for outpatient treatment y standards,

Minister of theinis the period during which the worker is not healthy enough to work and is directed by a healthcare practitioner to convalesce at home.No. Article cDeputy ministers of ministerial-level agencies,Initial examination and assessmentn lis the examination and assessment of disability level for individuals who have not undergone such examination and assessment before, including the following categories:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

a) Workers injured in a workplace accident;

b) Workers suffering from occupational disease;

c) Workers currently participating in social insurance or preserving time for social insurance contributions;

d) Dependents of workers with reduced health status undergoing examination and assessment to receive monthly survivor benefits;

Article 2. Applicability

đ) Individuals suffering from diseases specified in Clause 6 of Article 4 of this Circular;

Re-examination and assessment

is the re-examination and assessment of disability level from the second time onwards for workers with disabilities, diseases, or conditions due to workplace accidents or occupational diseases that have already been examined and assessed, then recur or progress.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Comprehensive examination and assessment is the comprehensive examination and assessment of disability level when the worker falls into one of the following cases: being injured in a workplace accident and suffering from an occupational disease; having multiple workplace accidents; suffering from multiple occupational diseases.

2. Examination and assessment beyond professional capacity is the examination and assessment conducted by the Central Medical Examination and Assessment Council in cases where the professional capacity of the Provincial Medical Examination and Assessment Council is exceeded.

3. is railway works, the protected area of railway works, and the railway traffic safety corridor.June 2024;Examination and assessment for final review is the examination and assessment conducted by the Final Review Medical Examination and Assessment Council established by the Minister of Health when there is a request regarding the results of the examination and assessment by the Central Medical Examination and Assessment Council.

is a copy issued from the original book or a certified copy from the original by an authorized agency or organization or a copy that has been compared with the original.

LIST OF DISEASES, AUTHORITY TO DETERMINE DISEASES ELIGIBLE FOR ONE-TIME SOCIAL INSURANCE BENEFITS

c) Persons currently participating in social insurance or preserving their social insurance contribution period;

d) Dependents of persons participating in social insurance who have been assessed to be eligible for monthly pension benefits due to health deterioration;

đ) Persons suffering from diseases specified in Clause 6, Article 4 of this Circular;

4. Re-examination is the re-assessment of the degree of work capacity impairment from the second time for workers who have been injured, ill, or disabled due to workplace accidents or occupational diseases, which have been examined and assessed, and then recur or progress.

5. is railway works, the protected area of railway works, and the railway traffic safety corridor.June 2024;Comprehensive examination is the comprehensive assessment of the degree of work capacity impairment when workers fall into one of the following cases: simultaneously suffering from workplace accidents and occupational diseases; having multiple workplace accidents; suffering from multiple occupational diseases.

6. Examination beyond professional capacity is the examination conducted by the Central Medical Examination Board when it exceeds the professional capacity of the Provincial Medical Examination Board.

7. Reconsideration examination is the examination conducted by the Central Medical Examination Board when there are recommendations regarding the results of the Provincial Medical Examination Board's assessment.

8. is railway works, the protected area of railway works, and the railway traffic safety corridor.June 2024;reconsideration final examinationh is the final reconsideration examination conducted by the Final Reconsideration Medical Examination Board established by the Minister of Health when there are recommendations regarding the results of the Central Medical Examination Board's assessment. is a copy issued from the original book or a certified copy made from the original by an authorized agency or organization, or a copy that has been compared with the original.

9. Certified copy LIST OF DISEASES AND AUTHORITY TO DETERMINE ELIGIBILITY FOR ONE-TIME INSURANCE BENEFITS

10. Copy of medical record is a summary of the medical record according to the laws on medical examination and treatment.

Chapter II

LIST OF DISEASES, AUTHORITY TO DETERMINE DISEASES ELIGIBLE FOR ONE-TIME INSURANCE REGIME

Article 4. Diseases Entitled to One-Time Social Insurance Benefits

1. Diseases specified in Point c Clause 1 Article 60 of the Social Insurance Law.

2. Diseases causing a reduction in work capacity of 81% or more and with no possibility of recovery.

Article 5. Authority to Determine Entitlement to One-Time Social Insurance Benefits

1. The determination of diseases entitled to one-time social insurance benefits as stipulated in Clause 1 Article 4 of this Circular must be carried out at medical facilities specified in Clauses 1, 2, 4, 5, and 8 of Article 4 of Circular No. 40/2015/TT-BYT dated November 16, 2015, issued by the Minister of Health on registering for initial health insurance examination and treatment and transferring for health insurance examination and treatment within the scope of specialized activities suitable for the content of disease determination for one-time social insurance benefits.

2. The determination of the degree of reduction in work capacity as stipulated in Clause 2 Article 4 of this Circular must be conducted by the Medical Appraisal Board.

Article 6. Documents to Determine Individuals Affected by Diseases Entitled to One-Time Social Insurance Benefits

1. A summary of the medical record in accordance with the law on medical examination and treatment issued by the medical facility specified in Clause 1 Article 5 of this Circular for individuals suffering from one of the diseases specified in Clause 1 Article 4 of this Circular.

2. A medical appraisal report according to Model No. 2 prescribed in Appendix 2 attached to this Circular for individuals suffering from one of the diseases specified in Clause 2 Article 4 of this Circular.

Chapter III

MEDICAL APPRAISAL FOR SOCIAL INSURANCE BENEFITS

Section 1: APPEAL DOCUMENTS

Article 7. Cases for Appraisal

1. Appraisal of disability due to workplace accidents.

2. Appraisal of occupational diseases.

3. Appraisal for implementing retirement and survivor benefits.

Article 8. Initial Appraisal Application Documents

1. Initial appraisal of disability due to workplace accidents:

a) An introduction letter from the employer according to the model prescribed in Appendix 3 attached to this Circular;

b) A certified copy of the injury certificate issued by the healthcare facility (where the worker was treated) according to the model prescribed in Appendix 4 attached to this Circular.

2. Initial appraisal due to occupational diseases:

a) An introduction letter from the employer according to the model prescribed in Appendix 3 attached to this Circular, or an appraisal request letter from the worker who has suspended social insurance contributions or a decision to stop working pending resolution of retirement benefits or monthly allowances;

b) Discharge certificate or occupational disease examination file or summary of medical records.

3. Appraisal for implementing retirement benefits for workers currently paying mandatory social insurance:

a) An introduction letter from the employer according to the model prescribed in Appendix 3 attached to this Circular;

b) A certified copy of one of the following documents (if available): Summary of medical records, disability confirmation letter, discharge certificate, or other examination and treatment documents for illnesses, injuries, disabilities, including outpatient treatment records, medical visit books, prescriptions, rescheduling letters, or outpatient treatment summaries.

4. Appraisal for implementing early retirement benefits for workers currently paying social insurance or those suspending social insurance contributions or having a decision to stop working pending resolution of retirement benefits or monthly allowances; appraisal for implementing survivor benefits; appraisal for workers who have retired or are suspending social insurance contributions and suffer from occupational diseases:

a) An appraisal request letter according to the model prescribed in Appendix 7 attached to this Circular.

b) A certified copy of one of the following documents (if available): Summary of medical records, disability confirmation letter, discharge certificate, or other examination and treatment documents for illnesses, injuries, disabilities, including outpatient treatment records, medical visit books, prescriptions, rescheduling letters, or outpatient treatment summaries.

Article 9. Files for re-examination

1. Re-examination of occupational accidents:

a) The application for examination according to the form prescribed in Appendix 7 issued together with this Circular;

b) Medical treatment records for recurrent injuries:

- For employees treated as inpatients: A valid copy of the discharge certificate according to the form prescribed in Appendix 5 or a summary of the medical record according to the form prescribed in Appendix 6 issued together with this Circular.

- For employees treated as outpatients: A valid copy of the documents related to medical examinations, treatments, disabilities, and illnesses caused by occupational accidents, including: medical notebooks, medical visit books, prescriptions, or appointment cards for follow-up visits or summaries of outpatient medical records.

c) The medical examination report from the previous examination.

2. Re-examination of occupational diseases:

a) The application for examination according to the form prescribed in Appendix 7 issued together with this Circular;

b) Occupational disease examination files or occupational disease files or health checkbooks that discovered occupational diseases;

c) Medical treatment records for recurrent occupational diseases:

- For employees treated as inpatients due to occupational diseases or diseases, disabilities, or impairments related to occupational diseases that have recurred or progressed: A valid copy of the discharge certificate according to the form prescribed in Appendix 5 or a summary of the medical record according to the form prescribed in Appendix 6 issued together with this Circular;

- For employees treated as outpatients due to occupational diseases or diseases, impairments related to occupational diseases that have recurred or progressed: A valid copy of the documents related to medical examinations, treatments, disabilities, and illnesses caused by recurrent occupational diseases, including: medical notebooks, medical visit books, prescriptions, or appointment cards for follow-up visits or summaries of outpatient medical records.

d) A valid copy of the medical examination report from the previous examination.

Article 10. Files for comprehensive examination

1. An introduction letter from the employer according to the form prescribed in Appendix 3 issued together with this Circular or an application for examination according to the form prescribed in Appendix 7 issued together with this Circular in cases where the employee is on a social insurance contribution suspension period or has retired.

2. A valid copy of the medical examination report from the previous examination (for cases that have already undergone examination).

3. Other documents as prescribed in Clause 1, Clause 2 of Article 8 or Clause 1, Clause 2 of Article 9, appropriate to the subject and type of examination.

Article 11. Files for examination beyond professional capacity

1. A document requesting examination due to exceeding professional capacity of the provincial Medical Examination Board signed and stamped by the leader of the Medical Examination Board's permanent office.

2. A valid copy of the examination request file according to one of Articles 8, 9, 10 of this Circular, appropriate to each subject and type of examination.

3. One of the following documents:

a) A valid copy of the medical examination report for cases where the provincial Medical Examination Board has already examined the subject;

b) A meeting minutes of the Medical Examination Board determining the case exceeds professional capacity for cases that have not been examined.

Article 12. Files for reconsideration examination or final reconsideration examination cuNo.i

1. Files for reconsideration examination:

a) For organizational requests: A document requesting reconsideration examination from the Ministry of Health or the Ministry of Labor, Invalids and Social Affairs or the Vietnam Social Security or the employer;

b) For individual requests: A document requesting reconsideration examination from the provincial Medical Examination Board that has examined the subject, signed and stamped by the leader of the provincial Medical Examination Board's permanent office. The document clearly states that the subject disagrees with the conclusion of the Board and requests reconsideration examination, accompanied by the individual's application for examination;

c) A valid copy of the medical examination file according to one of Articles 8, 9, 10 of this Circular, appropriate to each subject and type of examination;

d) The medical examination report of the provincial Medical Examination Board.

2. Files for final reconsideration examination request:

a) For organizational requests: A document requesting final reconsideration examination from the Ministry of Health or the Ministry of Labor, Invalids and Social Affairs or the Vietnam Social Security or the employer.

b) For individual requests: A document requesting final reconsideration examination from the Medical Examination Board signed and stamped by the leader of the Medical Examination Board's permanent office that has examined the subject. The document clearly states that the subject disagrees with the conclusion of the central Medical Examination Board and requests final reconsideration examination, accompanied by the individual's application for final reconsideration examination;

c) A valid copy of the medical examination file according to one of Articles 8, 9, 10 of this Circular, appropriate to each subject and type of examination;

d) The medical examination report of the central Medical Examination Board.

Article 13. Responsibility for establishing files

1. Workers shall be responsible for establishing, completing examination files and submitting them to the Medical Examination Board in the following cases:

a) Workers who are preserving social insurance contribution time and request an examination to receive pension benefits;

b) Workers who are preserving social insurance contribution time and request an examination to receive one-time social insurance benefits;

c) Relatives of workers requesting an examination to receive monthly survivor's allowance;

d) Workers who have stopped working and request a re-examination.

2. Employers shall be responsible for establishing, completing examination files and submitting them to the Medical Examination Board in cases not covered by Clause 1, Clause 3, and Clause 4 of this Article.

3. The permanent office of the provincial Medical Examination Board shall be responsible for establishing examination files in cases of reconsideration examinations.

4. The permanent office of the central Medical Examination Board shall be responsible for establishing examination files for the final reconsideration.

Section 2: PROCEDURE FOR MEDICAL EXAMINATION

Article 14. Time limit for examination

1. For cases of re-examining work-related accidents and occupational diseases, the time limit for recommending an examination must be at least two years (24 months) from the date the worker was concluded by the Medical Examination Board on the percentage of reduced work capacity due to a work-related accident or occupational disease in the immediately preceding examination.

2. In cases where the nature of the work-related accident or occupational disease causes rapid deterioration in health, the permanent office of the Medical Examination Board shall be responsible for reporting to the Chairman or Vice-Chairman of the Medical Examination Board to consider and decide on conducting an examination before the time limit specified in Clause 1 of this Article.

Article 15. Authority to conduct medical examinations

1. The provincial Medical Examination Board has the authority:

a) To conduct initial examinations for workers or relatives of workers (for cases of examination to implement survivor benefits);

b) To conduct re-examinations and comprehensive examinations for workers, except for cases that have already been examined by another Medical Examination Board;

c) To send the subject to other healthcare facilities for clinical examination, testing, functional tests, and imaging diagnosis when necessary.

2. The Medical Examination Boards under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Transport have the authority to examine workers in units under their management, including:

a) To conduct initial examinations for workers or relatives of workers (for cases of examination to implement survivor benefits);

b) Conducting re-examinations and comprehensive examinations for workers;

c) To send the subject to other healthcare facilities for clinical examination, testing, functional tests, and imaging diagnosis when necessary.

3. The central Medical Examination Board has the authority:

a) To conduct initial examinations for workers or relatives of workers for cases of examination to implement survivor benefits;

b) Conducting re-examinations and comprehensive examinations for workers;

c) To conduct re-examinations and comprehensive examinations for cases that have undergone initial examinations at the provincial Medical Examination Board;

d) To conduct examinations beyond their expertise and final reconsideration examinations.

Article 16. Acceptance of medical examination files

1. The acceptance of medical examination files shall be carried out as follows:

a) The permanent office of the provincial or central Medical Examination Board shall accept medical examination files for initial examinations, re-examinations, and comprehensive examinations;

b) The permanent office of the central Medical Examination Board shall accept medical examination files for final reconsideration according to the分级任务的描述与指令不符，以下是直接翻译的结果：

c) For the final reconsideration:

Individuals or organizations requesting a final reconsideration examination from the central Medical Examination Board shall submit the file requesting a final reconsideration examination to the Ministry of Health.

2. After receiving the examination request file, the permanent office of the Medical Examination Board or the Ministry of Health shall send the individual or organization requesting the examination a Receipt Form for the file according to the model prescribed in Appendix 9 issued together with this Circular.

3. If the examination file is valid:

a) The Medical Examination Board shall be responsible for conducting an examination for the worker or relative within thirty days from the date recorded on the Receipt Form;

b) The Minister of Health shall be responsible for establishing a Medical Examination Board for the final reconsideration to conduct an examination for the worker or relative within twenty days from the date recorded on the Receipt Form.

Within ten working days from the date of the decision to establish the Medical Examination Board for the final reconsideration, the Medical Examination Board for the final reconsideration shall be responsible for conducting an examination for the worker or relative.

4. If the examination file is invalid, within ten working days from the date recorded on the Receipt Form, the permanent office of the Medical Examination Board or the Ministry of Health shall respond in writing to the individual, agency, or organization requesting the examination.

Article 17. Medical Examination Process

1. Verification: The person conducting the medical examination shall be responsible for verifying and comparing the individual seeking the examination with one of their identification documents: Identity Card, Citizen Identification Card, Passport, or a confirmation from the Police Station of the place of permanent or temporary residence, bearing a recent frontal photograph measuring 4 cm x 6 cm taken not more than six months prior to the date of filing the dossier, and stamped with a matching seal.

2. General Examination: The physician of the Standing Board of the Medical Examination Council, designated as the examiner, conducts the general examination and specifies the specialized examinations and clinical tests. In cases where the physician of the Standing Board of the Medical Examination Council has not yet been appointed as the examiner, they report to the leadership of the Standing Board for approval of the specialized examinations and clinical tests.

3. Specialized Examination: The specialized examiner conducts the examination and concludes on the contents as directed by the authorized authority.

4. Professional Consultation: The Chairman of the Council or the leadership of the Standing Board of the Medical Examination Council chairs the consultation meeting before convening the Council. If necessary, the Standing Board of the Medical Examination Council may invite the subject and the specialized examiners who have examined the subject to attend.

5. Meeting of the Medical Examination Council:

a) Conditions for convening the Council:

- There must be more than 50% of the members of the Council as decided, including at least two professional members;

- The Chairman or Vice-Chairman of the Medical Examination Council chairs the meeting according to the assignment of the Chairman.

b) Conclusion of the Medical Examination Council:

- The Council decides based on the discussion and consensus of the Council members through voting. In case there are differing opinions, the chairperson of the meeting considers and decides on the designation of additional examinations or supplementary treatments before the Council votes secretly.

- In case of secret ballot, the vote counting and announcement of results take place during the Council meeting. The conclusion of the Council must ensure agreement from over 50% of the participating members.

c) The conclusion of the Medical Examination Council is issued in the form of a Medical Examination Record according to the model prescribed in Appendix 2 attached hereto. The Standing Board of the Medical Examination Council is responsible for issuing the Medical Examination Record.

6. Issuance of the Medical Examination Record: The Standing Board of the Medical Examination Council transfers and archives the Medical Examination Record as follows:

a) Two copies for the person being examined (the person being examined is responsible for submitting one copy to the Social Insurance Authority, if employed, it should be submitted to the Social Insurance Authority through the employer);

b) One copy for the organization or individual who made the request for the examination result and one copy for the Medical Examination Council where the examination result was requested for review;

c) One copy stored at the Standing Board of the Medical Examination Council.

For recurrent examination, re-examination, and final re-examination, the conclusion must include all previous examination conclusions.

7. The conclusion of the Medical Examination Council is permanent, except in cases where there is a subsequent conclusion from the same-level Medical Examination Council or a higher-level Medical Examination Council.

8. The medical examination dossier is managed and stored at the Standing Board of the Medical Examination Council in accordance with the legal regulations on archiving.

Article 18. Assessment of the degree of work capacity impairment

1. The assessment of the degree of work capacity impairment shall be carried out in accordance with the provisions of Circular Joint No. 28/2013/TTLT-BYT-BLDTBXH dated September 27, 2013, issued by the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs on the percentage of bodily injury due to injuries, diseases, disabilities, and occupational diseases (hereinafter referred to as Circular Joint No. 28/2013/TTLT-BYT-BLDTBXH).

2. The method for determining the degree of work capacity impairment for subjects shall be in accordance with the provisions of Circular Joint No. 28/2013/TTLT-BYT-BLDTBXH. Specifically, the assessment of the degree of work capacity impairment for comprehensive medical examinations shall be conducted as follows:

a) In cases where the subject has previously suffered from disability, disease, or occupational disease and now suffers from additional disability, disease, or occupational disease causing overlapping damage with previous disability, disease, or occupational disease:

Conduct a thorough examination of the disability, disease, or occupational disease from each incident and base the determination of the degree of work capacity impairment on the examination results.

b) In cases where the subject has previously suffered from disability, disease, or occupational disease and now suffers from additional disability or occupational disease causing non-overlapping damage with previous disability, disease, or occupational disease:

Conduct an examination to determine the degree of work capacity impairment from the current incident and combine it with the degree of work capacity impairment due to workplace accidents, diseases, or occupational diseases concluded in the medical examination report of the immediately preceding incident.

c) In cases where the subject has undergone comprehensive medical examination but subsequently experiences recurrence of disability, disease, or occupational disease, conduct a thorough examination of the disability, disease, or occupational disease and base the determination of the degree of work capacity impairment on the examination results.

3. The conclusion on the degree of work capacity impairment stipulated in this Article shall remain valid until the next consecutive medical examination report is issued.

Chapter IV

PROVISIONS ON ISSUING DISCHARGE CERTIFICATES, BIRTH CERTIFICATES, LEAVE OF ABSENCE FOR MATERNITY CARE, AND HEALTH DECLARATION OF INADEQUATE HEALTH TO CARE FOR CHILDREN AFTER BIRTH

Article 19. Provisions on Issuing Discharge Certificates

1. Authority to issue discharge certificates:

a) Medical establishments that provide inpatient treatment and have been granted operating licenses;

b) Practitioners working at the medical establishments specified in Point a of this Clause may sign discharge certificates according to the assignment of the head of the medical establishment.

2. The format and recording method of discharge certificates shall comply with the model prescribed in Appendix 5 attached to this Circular.

Article 20. Provisions on Issuing Birth Certificates

1. Authority to issue birth certificates:

a) Medical establishments that provide delivery services and have been granted operating licenses;

b) Practitioners working at the medical establishments specified in Point a of this Clause may sign birth certificates according to the assignment of the head of the medical establishment.

2. Procedures for issuing birth certificates shall be carried out in accordance with the provisions of Circular No. 17/2012/TT-BYT dated October 24, 2012, issued by the Minister of Health on the issuance and use of Birth Certificates, and Circular No. 34/2015/TT-BYT dated October 27, 2015, issued by the Minister of Health amending and supplementing Circular Supplementing Article 2 of Circular No. 17/2012/TT-BYT dated October 24, 2012, on the issuance and use of Birth Certificates.

3. The format and recording method of birth certificates shall comply with the model prescribed in Appendix 10 attached to this Circular.

Article 21. Provisions on Issuing Maternity Leave Certificates

1. Authority to issue leave for pregnancy care certificate:

a) Obstetric hospitals shall issue maternity leave certificates for treatment of obstetric diseases;

b) General hospitals and Medical Appraisal Councils shall issue maternity leave certificates for treatment of systemic diseases;

c) Practitioners working at medical facilities specified in Points a and b of this Clause shall issue maternity leave certificates for treatment of obstetric and systemic diseases according to the assignment of the head of such medical facility.

2. The issuance of maternity leave certificates for treatment of systemic diseases must be based on the results of consultations among relevant specialties concerning the patient's disease condition.

3. The model and method of recording maternity leave certificates shall be implemented as follows:

a) The model prescribed in Appendix 12 issued together with this Circular shall be issued by the hospitals specified in Clause 1 of this Article for female workers who are pregnant and enrolled in mandatory social insurance in cases of outpatient treatment;

b) The model prescribed in Appendix 11 issued together with this Circular shall be issued by the hospitals specified in Clause 1 of this Article for female workers who have resigned and are pregnant in cases of outpatient treatment;

c) The appraisal record shall be carried out according to Model No. 2 of Appendix 2 issued together with this Circular for cases where the Medical Appraisal Council issues the certificate;

d) The discharge certificate according to the model prescribed in Appendix 5 or a summary of the medical record according to the model prescribed in Appendix 6 issued together with this Circular.

4. The content of the maternity leave certificate prescribed in Clause 2 of this Article must specifically describe the health status and the number of days required for maternity leave, wherein the decision on the number of days off must be based on the professional guidance of the Ministry of Health and the health status of the patient.

5. The conclusion prescribed in Clause 2 of this Article shall only be valid for six months from the date recorded on the appraisal record and shall only be valid for resolving maternity benefits.

Article 22. Provisions on Issuing Certificates of Inadequate Health for Postpartum Care

1. Authority to Issue Certificates of Inadequate Health for Postpartum Care: Provincial-level Medical Appraisal Councils and above.

2. The appraisal record shall be carried out according to Model No. 2 of Appendix 2 issued together with this Circular, wherein the Conclusion section must clearly state that the mother does not have adequate health for postpartum care.

3. The conclusion prescribed in Clause 2 of this Article shall be valid for six months from the date recorded on the appraisal record and shall only be valid for resolving maternity benefits.

Chapter V

PROVISIONS ON THE ISSUANCE AND MANAGEMENT OF MATERNITY LEAVE CERTIFICATES

Article 23. Principles for Issuing Maternity Leave Certificates society

1. The issuance of maternity leave certificates for social insurance benefits must meet the following requirements:

a) To be carried out by the competent authority prescribed in Article 23 of this Circular;

b) It must be consistent with the scope of professional activities of the healthcare facility issuing the leave certificate, which has been approved by the competent authority;

c) To be consistent with the health status of the patient and the professional guidance of the Ministry of Health.

2. In cases where a worker receives two or three specialty examinations and obtains maternity leave certificates for social insurance benefits during the same period, they shall only be entitled to the certificate with the longest leave duration.

Article 24. Authority to issue certificates for social insurance benefits

1. Medical examination and treatment facilities that have been granted operating licenses.

2. Practitioners working at medical examination and treatment facilities as specified in Point a of this Clause and who have registered their signatures with the social insurance agency may sign certificates for leave with social insurance benefits.

Article 25. Forms of issuing certificates for leave with social insurance benefits

1. In cases where workers are hospitalized or children under seven years old of workers: Discharge certificate according to the model prescribed in Appendix 5 issued together with this Circular.

2. In cases where workers are treated on an outpatient basis: Certificate for leave with social insurance benefits according to the model prescribed in Appendix 12 issued together with this Circular.

In cases where patients need to take leave for outpatient treatment after discharge, the social insurance agency shall base the number of days off recorded in the discharge certificate's remarks section to settle social insurance benefits according to regulations.

Article 26. Procedures for issuing blank certificates for leave with social insurance benefits

1. Medical examination and treatment facilities wishing to issue certificates for leave with social insurance benefits must submit a request for issuance of blank certificates for leave with social insurance benefits along with a list of practitioners assigned to sign such certificates according to the model prescribed in Appendix 13 issued together with this Circular to the provincial or district-level social insurance agency (based on the classification of the Vietnam Social Security) located where the facility is situated.

2. Within fifteen working days from the date of receipt of the request for issuance of blank certificates for leave with social insurance benefits from the medical examination and treatment facility (the time point of receiving the request for issuance of blank certificates for leave with social insurance benefits is calculated based on the stamp of the received document of the receiving agency), the provincial social insurance agency has the responsibility to issue blank certificates for leave with social insurance benefits to the medical examination and treatment facility. If not issued, there must be a reply letter stating the reasons.

Chapter VI

IMPLEMENTATION

Article 27. Responsibilities of units under the Ministry of Health

1. The Department of Medical Examination and Treatment shall be responsible for:

a) Take the lead in organizing the implementation and summarizing the implementation of this Circular nationwide;

b) Inspect, audit, and handle violations in the implementation of this Circular according to current laws.

2. Department of Maternal and Child Health:

a) Coordinate with the General Department of Medical Examination and Treatment in organizing the implementation of this Circular and summarizing the implementation nationwide.

b) Inspect, audit, and handle violations in the implementation of this Circular according to current laws.

Article 28. Responsibilities of the Vietnam Social Security

1. Direct and guide agencies within the social security system to organize the implementation of this Circular.

2. Uniformly manage the printing and issuance of blank certificates for leave with social insurance benefits.

3. Guide medical examination and treatment facilities in registering for issuance of certificates for leave with social insurance benefits and publicly posting on the Vietnam Social Security’s electronic news site and the provincial social insurance agency’s website the list of facilities authorized to issue certificates for leave with social insurance benefits as well as the scope of issuance of such certificates by those facilities. Inspect the issuance of certificates for leave with social insurance benefits at medical examination and treatment facilities.

4. Inspect, summarize, and conclude the implementation of this Circular within the scope of its functions and tasks and propose to the competent authority amendments and supplements to this Circular.

Article 29. Responsibilities of the Health Services of the provinces and centrally governed cities

1. Lead the organization of the implementation and interim review, and final assessment of this Circular within their jurisdiction.

2. Inspect, audit, and handle violations in the implementation of this Circular in accordance with current laws.

Article 30. Responsibilities of medical examination and treatment facilities, Medical Examination Councils

1. Disseminate and ensure understanding of the content of this Circular among all practitioners and staff of the facility.

2. Provide promptly and fully to workers the files and certificates necessary for social insurance benefits as prescribed in this Circular; Supervise the recording of contents in the certificates prescribed in this Circular by practitioners at their facilities and bear legal responsibility for the accuracy and honesty of issuing these certificates.

3. Update data on medical examinations and treatments, data on issuance of files and certificates, medical examination council reports into the national medical examination and treatment database to interconnect with the social insurance agency's data system.

4. Healthcare facilities transferring patients shall provide a copy of the hospital transfer form stamped with the seal when requested by the patient.

Chapter VII

IMPLEMENTING PROVISIONS

Article 31. Effective date.

This Circular takes effect from July 1, 2016.

The following documents: Joint Circular No. 11/1999/TTLB-BYT-BHXH dated June 22, 1999 of the Ministry of Health and Vietnam Social Security guiding medical examination and treatment facilities to issue sick leave certificates for insured patients, Circular No. 34/2013/TT-BYT dated October 28, 2013 of the Minister of Health promulgating the List of Diseases Requiring Long-Term Treatment; Circular No. 07/2010/TT-BYT dated April 5, 2010 of the Minister of Health guiding the assessment of work capacity reduction of workers participating in mandatory social insurance; the discharge certificate model issued together with Decision No. 4069/2001/QĐ-BYT dated September 28, 2001 of the Minister of Health on issuing the medical record file model; the birth certificate model issued together with Circular No. 17/2012/TT-BYT dated October 24, 2012 of the Minister of Health stipulating the issuance and use of Birth Certificates become invalid from the effective date of this Circular.

Article 32. Transitional Provisions

Sick leave certificates, discharge certificates, birth certificates issued before the issuance of this Circular shall continue to be applied until December 31, 2016.

Article 33. Implementation Organization

The Heads of the Ministry’s Office, Department Directors, Bureau Chiefs, General Bureau Chiefs of Departments, Bureaus, General Bureaus under the Ministry of Health, Provincial Health Service Directors of the provinces and centrally governed cities, Heads of health sectors, and related units are responsible for implementing the provisions of this Circular.

In the course of implementation, if there are difficulties or obstacles, units and localities need to report promptly to the Ministry of Health for study, consideration, supplementation, and amendment as appropriate./.