Question 54: How is the certificate of a medical examination and treatment establishment identified in case of any Employee’s illness leave or due to his/her beloved ones’ illness?

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No prevailing legal regulations provides guidelines on the types of paper which are considered to be written certificates by medical examination and treatment establishments that have been incorporated and operating in accordance with the law. However, pursuant to Articles 41 and 42 of the Law on Examination and Treatment 2009, the medical examination and treatment establishments will be organised in the following forms:

  • Hospitals;
  • Medical assessment centres;
  • General medical examination centres;
  • Specialised clinics, family doctors;
  • Centres for diagnosis and treatment of traditional medicine;
  • Maternity homes;
  • Diagnosis establishments;
  • Health service establishments;
  • Commune dispensaries and the likes thereof;
  • Other forms of medical examination and treatment (refer to Article 22 of Decree 109/2016/ND-CP.)

Moreover, the aforesaid establishments must be eligible for the issuance of their operation licenses. Thus, the written certificate of a medical examination and treatment establishment incorporated and operating in accordance with the law will be construed as a certificate issued by the aforesaid establishments to any Employee or his/her beloved ones specified in Article 31.2.b of Decree 05/2015/ND-CP.

In fact, the certificate of leave with entitlement to social insurance in Appendix 12 of Circular No. 14/2016/TT-BYT is considered one of the certificates proving the reasonable leave of any Employee. In particular, such certificate will clearly identify the patient information and the number of specific days off for any Employer to base for determining the number of reasonable days off by any Employee.