Vietnam: Changes In Eligibility For Lump Sum Social Insurance Benefits In Vietnam For Patients In 2023

Employees participating in the social insurance regime in Vietnam when suffering from serious or especially dangerous diseases will receive support from the Vietnamese state. One of those supports is the ability and right to withdraw lump sum social insurance immediately without having to wait at least 1 year since quitting the latest job. In the near future, the conditions for enjoying lump sum social insurance for patients participating in Vietnam's social insurance will be changed according to Circular No. 18/2022/TT-BYT dated 31^st December 2022 issued by the Ministry of Health.

Circular No. 18/2022/TT-BYT ("Circular 18") dated December 31, 2022 is issued to amend and supplement Circular 56/2017/TT-BYT ("Circular 56") providing detailed implementation of the Law on Social Insurance and the Law on Occupational Safety and Health in the health sector.

Previously, patients participating in social insurance and health insurance regimes in Vietnam were entitled to lump sum social insurance benefits when suffering from dangerous diseases specified in Clauses 1 and 2, Article 4 of Circular 56 as follows:

"Article 4. Diseases entitled to lump sum social insurance benefits

Diseases eligible for lump sum social insurance benefits include:

1. Cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to the AIDS stage and at the same time unable to carry out the activities of walking, dressing, personal hygiene and other tasks to serve personal daily living needs without having someone to monitor, assist and take care of themselves.
2. Diseases and illnesses other than those specified in Clause 1 of this Article with a decrease in working capacity or disability level of 81% or more and failure to control or carry out the activities of walking, dressing, personal hygiene and other tasks to serve personal daily living needs without having someone to monitor, assist and take care of themselves."

Clause 1, Article 1 of Circular 18 Amending Article 4 of Circular 56 as follows:

"Article 4. In case of illness, lump sum social insurance allowance is provided

Except for cases of suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to the AIDS stage specified at Point c, Clause 1, Article 60 of the Social insurance Law, people suffering from diseases and illnesses have a working capacity decrease of 81% or more and cannot control themselves or cannot perform activities to serve their daily personal needs without having someone to monitor, assist and take care of themselves is fully entitled to lump sum social insurance."

Accordingly, diseases that are dangerous to human life such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that have turned to AIDS as prescribed in the Law on Social Insurance will not require the accompanying condition that "cannot control themselves or cannot perform activities to serve their daily personal needs without having someone to monitor, assist and take care of themselves is fully entitled to lump sum social insurance" to enjoy lump sum social insurance regime.

This regulation is issued to create favorable conditions for patients suffering from particularly dangerous diseases with low survival rates to enjoy social insurance regimes. Although the survival rate is low, it does not necessarily affect the patient's daily activities. They may not need other people's help with daily activities, i.e. not being bedridden at the hospital.

However, other diseases and illnesses that cause the patient's working capacity to decrease by 81% or more will still require the accompanying condition to be entitled to lump sum social insurance that is not being able to control themselves or cannot perform activities to serve their daily personal needs without having someone to monitor, assist and take care of themselves is fully entitled to lump sum social insurance.