Is a business medical station granted a certificate of leave to enjoy social insurance (social insurance) according to the law?

How are the principles for issuing social insurance retirement certificates regulated by law?

Pursuant to point a, clause 1, Article 20 of Circular 56/2017/TT-BYT stipulates as follows after:

1. The issuance of a certificate of leave to enjoy social insurance must meet the following requirements:

a) Issued by a medical examination and treatment facility that has been granted an operating license. Practitioners working at this medical examination and treatment facility may sign a certificate of leave to enjoy social insurance as assigned by the head of that medical examination and treatment facility;

b) Consistent with the scope of professional activities of the medical examination and treatment facility where the certificate of leave to enjoy social insurance has been issued and approved by the competent authority;

c) In accordance with the patient’s health condition and professional guidance of the Minister of Health.

2. Only one certificate of leave to receive social insurance benefits will be issued at one examination. In case a patient needs a leave of absence longer than 30 days, when the leave period expires or is about to expire on the issued social insurance retirement certificate, the patient must undergo a re-examination for the practitioner to consider and decide.

In cases where an employee is examined by two or three specialties of different medical examination and treatment facilities at the same time and given the same certificate of leave to enjoy social insurance, he or she is only entitled to one of the certificates with the longest leave period.

In case of multiple medical examinations on the same day at the same medical examination and treatment facility, only one certificate of leave to enjoy social insurance will be issued.

3. Practitioners working at medical examination and treatment facilities that have been granted an operating license may sign a certificate of leave to enjoy social insurance; In case the medical examination and treatment facility is not a legal entity, the practitioner must register a signature sample with the social insurance agency

Is the corporate medical station issued a certificate of leave to enjoy social insurance (social insurance) according to the law?

According to Clause 3, Article 11 of Decree 155/2018/ND-CP there are provisions as follows:

“Article 22. Organizational form of medical examination and treatment establishments

[…]

9. Medical examination and forensic examination establishments that perform medical examination and treatment must be organized in the form of medical examination and treatment establishments specified in Clause 3 of this Article. Forensic mental examination and treatment establishments that perform medical examination and treatment must be organized in one of the following forms. Organization of medical examination and treatment facilities specified in Clauses 1, 3 or Point m, Clause 4 of this Article must meet the conditions corresponding to each form of organization of medical examination and treatment establishments.

10. Medical facilities, agencies, units and organizations that carry out medical examination and treatment must comply with one of the organizational forms specified in Clause 3 or Point a, Clause 4 of this Article and must meet the requirements. meet the prescribed conditions corresponding to that form of organization.

[…]”

Therefore, if the enterprise medical station is a type of medical examination and treatment facility and meets the conditions as prescribed above. When the above conditions are met, a certificate of resignation to enjoy social insurance benefits (social insurance) can be issued.

The organization, functions and tasks of the Commune Health Station according to the law

According to Article 2 of Decree 117/2014/ND-CP stipulate as follows:

– Commune, ward, and town Health Organizations (hereinafter collectively referred to as Commune Health Stations) are medical units under the Medical Centers of districts, towns, and provincial cities (hereinafter collectively referred to as District Health Centers), established according to the administrative units of communes, wards, and towns (hereinafter collectively referred to as communes).

– The Commune Health Station has the function of providing and implementing primary health care services for people in the commune.

– The Commune Health Station has the following tasks:

a) Carry out professional and technical activities on: Preventive medicine; medical examination, treatment, combination and application of traditional medicine in treatment and disease prevention; reproductive health care; supply of essential drugs; public health management; communicate health education according to the instructions of superior management agencies and the provisions of law;

b) Professional and operational guidance for village health staff;

c) Coordinate with relevant agencies to carry out population and family planning work in the area;

d) Participate in inspecting private medical and pharmaceutical practice activities and services that have risks affecting people’s health in the area;

d) Being the standing unit of the Commune Health Care Committee in charge of protecting, caring for and improving people’s health in the area;

e) Perform other tasks assigned by the Director of the District Medical Center and the Chairman of the Commune People’s Committee.