Tiếng Việt
中文Short answer: Yes — but conditionally. Under Circular 56/2017/TT-BYT (as amended by Circular 18/2022/TT-BYT), a certificate of leave for social insurance benefits must be issued by a licensed medical examination and treatment establishment, and the practitioner signing the certificate must be assigned by the head of the establishment. An enterprise’s medical station that meets these conditions may issue social-insurance leave certificates to employees; where the medical station is not a legal entity, the practitioner must register a signature specimen with the social insurance agency.
Current legal framework
The issuance of certificates of leave for social insurance benefits is governed by Circular 56/2017/TT-BYT (detailing implementation of the Law on Social Insurance and the Law on Occupational Safety and Hygiene in the health sector), as amended and supplemented by Circular 18/2022/TT-BYT. Note: Article 11 of Decree 155/2018/ND-CP (sanctions in the health sector) expired on 01/01/2024 under Decree 96/2023/ND-CP and is no longer an applicable basis.
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Conditions for an enterprise medical station to issue certificates
Under Article 20 of Circular 56/2017/TT-BYT, issuance of certificates of leave for social insurance benefits must simultaneously satisfy:
- Issued by a medical examination and treatment establishment holding an operation license. The practitioner working at the establishment may sign the certificate as assigned by the head of the establishment;
- Consistent with the approved scope of professional activities of the establishment as approved by the competent authority;
- Consistent with the patient’s health condition and the professional guidance of the Minister of Health.
In addition: only one certificate may be issued per examination; where leave longer than 30 days is needed, the patient must be re-examined when the term expires (or is about to expire) for consideration of further issuance. Where the medical examination and treatment establishment is not a legal entity (such as an enterprise’s medical station), the practitioner must register a signature specimen with the social insurance agency.
Practical application to enterprise medical stations
- An enterprise medical station may issue social-insurance leave certificates if it holds a license for medical examination and treatment, has a doctor (practitioner) assigned to sign, and has registered signature and seal specimens with the social insurance agency.
- Employees may look up the list of medical establishments authorized to issue social-insurance leave certificates on the Vietnam Social Security e-portal to check the authority of the medical station where they are examined.
- A certificate signed by an unauthorized person will be refused by the social insurance agency for sickness benefit settlement.
How ANT Legal can assist
ANT Legal advises on labor law and social insurance compliance for enterprises, including organizing enterprise medical stations, periodic health check-ups, and settling sickness benefits for employees. For advice on your specific case, please contact our lawyers at 0966.475.966.
