Article 5 of the Draft Circular Guiding the implementation of compulsory social insurance for military personnel and people working in key positions receiving salaries as for military personnel proposes as follows:
1. Employees subject to the provisions of Point a, Clause 1, Article 2 of this Circular are entitled to sick leave benefits when taking leave according to the provisions of Clause 1, Article 42 of the Law on Social Insurance and are guided as follows:
a) Treatment for illnesses that are not occupational diseases or accidents that are not work-related accidents.
Example 1: Lieutenant Nguyen Hai An has a viral fever and must take time off work for treatment from April 14, 2026 to April 18, 2026. The time off work for treatment that Comrade An is entitled to receive sick leave benefits is 5 days.
b) Treatment for accidents that are not work-related accidents or treatment for accidents while traveling from home to work or from work to home by reasonable route and time as prescribed by law on occupational safety and hygiene.
Example 2: Captain Dao Van Tien, who had an accident on the way from his residence to his workplace, took a reasonable route and time and had to take time off for treatment from February 9, 2026 to February 18, 2026 (weekly day off is Sunday). During his time off for treatment, he is entitled to 9 days of sick leave and will be paid for his work-related accident according to regulations.
c) Rehabilitation treatment for occupational injuries or illnesses that recur due to work-related accidents, occupational diseases or accidents as prescribed in Point c, Clause 1, Article 42 of the Law on Social Insurance.
Naval Academy students operate sails on Sailing Ship 286-Le Quy Don. Illustration photo: qdnd.vn |
Example 3: Captain Dao Van Tien (in example 2), after being discharged from the hospital and returning to his work unit, due to a relapse of his injury, he had to take time off work for treatment and rehabilitation from March 20, 2026 to April 5, 2026. During the time off work for treatment and rehabilitation, he is entitled to sick leave benefits according to regulations.
d) Employees who must take time off work to donate, take or transplant human tissues or organs as prescribed by law or to care for sick children under 7 years old are entitled to sick leave.
2. Employees subject to the provisions of Point a, Clause 1, Article 2 of this Circular who are not entitled to sick leave benefits as prescribed in Clause 2, Article 42 of the Law on Social Insurance are specifically guided on the following contents:
a) During treatment due to work accidents or occupational diseases.
Example 4: Senior Lieutenant Nguyen Van Hong had a work accident and had to take time off work for treatment from March 11, 2026 to March 20, 2026 (not included in example 1). The time off work for treatment due to Mr. Hong's work accident is not eligible for sick leave.
b) During the first time having to take time off work for treatment and rehabilitation due to a work accident or occupational disease.
Example 5: Senior Lieutenant Nguyen Van Hong (example 4) must take time off work for rehabilitation treatment due to a work-related accident from March 25, 2026 to April 10, 2026. Comrade Hong's time off work for rehabilitation treatment due to a work-related accident is not eligible for sick leave.
c) Employees who are on sick leave during the leave period prescribed by labor laws or are on paid leave under other specialized laws or are on maternity leave or health recovery leave under social insurance laws must receive medical treatment.
Example 6: Senior Lieutenant Nguyen Thi Hai An, on maternity leave from November 2025 to the end of April 2026; Comrade An suffered from a viral fever and was treated at the hospital from February 9, 2026 to February 13, 2026. During this time, Comrade An was not entitled to sick leave because it coincided with her maternity leave.
d) People who use narcotics or drug precursors according to the list prescribed by the Government , except in cases of using precursor drugs or combination drugs containing precursors as prescribed by medical practitioners at medical examination and treatment facilities, or who self-injure or harm their own health during treatment, are not entitled to sick leave benefits.
The Ministry of National Defense is seeking comments to complete the Draft Circular Guiding the implementation of compulsory social insurance for military personnel and those working in key positions receiving salaries similar to those of military personnel to provide specific guidance on a number of provisions of the 2024 Law on Social Insurance, effective from July 1, 2025. This is to clearly stipulate the management of social insurance collection and payment; amend and supplement regulations on social insurance regimes to be more suitable to reality, better ensuring the rights of workers.
It is expected that this Circular will apply to employees participating in compulsory social insurance in the Ministry of National Defense , including:
a) Officers, professional soldiers of the People's Army; people doing secretarial work receive salaries as soldiers;
b) Non-commissioned officers and soldiers of the People's Army; military and cryptographic students currently studying are entitled to living expenses;
c) Employees specified in Point a and Point b, Clause 1 of this Article, during the time of studying, practicing, working, researching, or receiving medical treatment abroad, but still receiving salary or military rank allowance or living expenses in the country, shall be entitled to pay and enjoy the social insurance regimes specified in this Circular.
2. Employers participating in compulsory social insurance include: Agencies, units, organizations and individuals related to the implementation of social insurance policies for subjects specified in this Circular.
Comments and contributions to the Draft Circular Guiding the implementation of compulsory social insurance for military personnel and those working in secretarial work and receiving salaries as military personnel, please send to the Military Policy Sector's Electronic Information Portal: http://chinhsachquandoi.gov.vn or in writing to the Department of Social Policy, General Department of Politics of the Vietnam People's Army, address: No. 34C, Tran Phu, Ba Dinh, Hanoi; or to the Ministry of National Defense via email: [email protected] .
The People's Army Newspaper will fully inform about this Draft Circular.
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Source: https://baodaknong.vn/du-kien-chinh-sach-huong-che-do-om-dau-cua-quan-nhan-254678.html
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