JOINT CIRCULAR No. 33/TT-LB ON THE PERIOD OF LEAVE WITH SOCIAL INSURANCE BENEFITS IN LIEU OF SALARY FOR OFFICIALS, WORKERS, AND STATE EMPLOYEES SUFFERING FROM DISEASES REQUIRING LONG-TERM TREATMENT

CIRCULAR

JOINT DECISION OF THE MINISTRY OF HEALTH AND THE GENERAL TRADE UNION NO. 33/TT-LB DATED JUNE 25, 1987

REGULATIONS ON LEAVE PERIODS ENTITLED TO SOCIAL INSURANCE BENEFITS IN LIEU OF WAGES FOR STAFF, WORKERS, AND EMPLOYEES SUFFERING FROM DISEASES REQUIRING LONG-TERM TREATMENT

SOCIAL INSURANCE

FOR STAFF, WORKERS, AND EMPLOYEES SUFFERING FROM DISEASES REQUIRING LONG-TERM TREATMENT

On January 1, 1986, the Council of Ministers issued Decision No. 133-HĐBT supplementing and amending certain provisions regarding sick leave, work-related accidents, and occupational diseases for staff, workers, and employees.

Pursuant to Article 3 of the aforementioned Decision, the Ministry of Health and the General Trade Union of Vietnam hereby stipulate the leave periods entitled to social insurance benefits in lieu of wages for staff, workers, and employees suffering from diseases requiring long-term treatment as follows:

I. ObjectivesADJUSTMENT

1. Staff, workers, and employees suffering from the following diseases necessitating long-term leave for treatment:

1. Tuberculosis of all types.

2. Mental illness.

3. Neurotrauma and epilepsy.

4. Congestive heart failure and pulmonary heart disease.

5. Hansen's disease (leprosy).

6. Chronic rheumatic arthritis with complications affecting bones, muscles, and joints.

7. Cancer of all types in all organs.

8. Endocrine disorders.

9. Sequelae of cerebrovascular accidents.

10. Sequelae of war injuries.

11. Sequelae of surgery and medical complications.

2. Staff, workers, and employees suffering from physical debility due to torture and imprisonment during revolutionary activities.

3. Staff, workers, and employees suffering from other chronic diseases and social diseases that require frequent short leaves for treatment throughout the year shall be entitled to social insurance benefits in lieu of wages according to the regulations set forth in Circular No. 77-TT/TCĐ dated December 10, 1986, issued by the General Trade Union of Vietnam guiding the implementation of Decision No. 133-HĐBT dated November 1, 1986, of the Council of Ministers.

II. Duration and Level of Social Insurance Benefits in Lieu of Wages During Leave for Treatment

1. Duration of entitlement to social insurance benefits in lieu of wages:

Staff, workers, and employees who are war invalids (holding a disability allowance book) and fall under the category specified in Point 2, Section I, regardless of their years of service, are entitled to the maximum sick leave benefit period of 36 months.

2. For officials, staff, workers, and employees eligible for long-term leave, if they still need continued treatment and convalescence after exhausting the entitlement period for social insurance benefits in lieu of wages as stipulated above, they will switch to receiving a fixed amount of social insurance benefits according to Article 3 of Decision No. 133-HĐBT.

III. Calculation of Benefit Period

1. For staff, workers, and employees suffering from diseases requiring long-term leave for treatment, if the leave period is continuous, the sick leave period is calculated from the date of leave for treatment and convalescence.

2. For staff, workers, and employees with intermittent sick leave periods (i.e., treatment and convalescence in multiple phases), the calculation is as follows:

a) For staff, workers, and employees with a maximum entitlement period for sick leave benefits of 12 months and 18 months, the sick leave period is cumulatively calculated over two years (total number of days off for inpatient and outpatient treatment recorded in Form C2 of the health management file).

b) For staff, workers, and employees with a maximum entitlement period for sick leave benefits of 24 months, the sick leave period is cumulatively calculated over three years in Form C2 of the health management file.

c) For staff, workers, and employees with a maximum entitlement period for sick leave benefits of 36 months, the sick leave period is cumulatively calculated over four years in Form C2 of the health management file.

IV. Implementation Organization

1. In cases where state officials, staff, workers, and employees suffer from diseases requiring long-term leave as stipulated in Section I:

a) Hospitals and rehabilitation centers admit them for inpatient treatment and convalescence.

b) If it is determined that inpatient treatment is not necessary, hospitals, clinics, and specialized stations coordinate with primary healthcare facilities to establish files for outpatient treatment. Outpatient treatment files must include complete medical records, treatment plans, clinical test results, and specialty examination forms. After each treatment phase, depending on the specific condition, a review meeting must be organized every 15 to 30 days or every 2 to 3 months to evaluate the treatment progress. Participants in these meetings include:

- One hospital or clinic director or specialist station leader.

- One doctor assigned to monitor the patient.

- One doctor responsible for the primary healthcare facility...

After each interim or final evaluation of the treatment phase, the outpatient treatment medical record must be fully copied into Form C2 and stored in the health management file of the staff, worker, or employee.

2. In cases where staff, workers, and employees have completed the leave period entitled to social insurance benefits in lieu of wages at a percentage of their salary and are suffering from the diseases mentioned above, the local health council directly coordinates with hospitals, clinics, or specialized stations to handle the situation as follows:

- If the condition is stable, health has improved, and they can return to work or production, further treatment and convalescence will be provided, but the additional period cannot exceed 12 months.

- After the treatment and convalescence period, if the condition remains unstable and health deteriorates despite having exhausted the entitlement period for social insurance benefits in lieu of wages, they will be referred to a medical assessment board for resolution according to current regulations.

This circular takes effect from the date of issuance, and any previous regulations inconsistent with this circular are abolished.