“Hello, Lawyer. In the near future, I plan to apply to a foreign company based in Hanoi. In the application, the company requires a medical certificate. I have a question that the medical examination that is required. Can I get health insurance if I apply for a job? , Thank you sincerely!“. Thank you for sending us your question. To answer this question, today, LSX Lawfirm will give you an article about “Is health insurance covered when applying for a job in Vietnam?“, as follows:
Legal grounds
- Law on Health Insurance Amendment 2014
- Circular 14/2013/TT-BYT
Is the medical check-up eligible for health insurance?
Pursuant to the provisions of Article 23 of the Law on Health Insurance, the following cases are not eligible for health insurance:
- Expenses in the case specified in Clause 1, Article 21 have paid by the state budget.
- Nursing and convalescence at convalescent and convalescent establishments.
- Health examination.
- Pregnancy testing and diagnosis are not for treatment purposes.
- Using assisted reproductive technology, family planning services, abortion, and abortion, except for cases where the pregnancy must terminated due to medical causes of the fetus or the mother.
- Use beauty services.
- Treatment of strabismus, myopia, and refractive errors of the eyes, except for children under 6 years old.
- Use of alternative medical supplies including prosthetic limbs, artificial eyes, dentures, eyeglasses, hearing aids, and mobility aids in medical examination, treatment, and rehabilitation.
- Medical examination, treatment, and rehabilitation in case of disaster.
- Repealed by Clause 16, Article 1 of the Law on Health Insurance Amendment 2014.
- Medical examination and treatment for addiction to drugs, alcohol, or other addictive substances.
- Repealed by Clause 16, Article 1 of the Law on Health Insurance Amendment 2014
- Medical assessment, forensic examination, forensic psychiatric assessment.
- Participating in clinical trials and scientific research.
Thus, the medical examination to apply for a job will not be eligible for health insurance.
How long is the health certificate for a job application?
In Clause 2, Article 8 of Circular 14/2013/TT-BYT, stipulating the issuance of health examination certificates, in which stipulations on the use value of medical examination papers and periodical health examination results, specifically as follows: :
The use value of health examination certificate, periodical health examination results:
- The health certificate is valid within 12 (twelve) months from the date of signing the health conclusion; For medical examination for Vietnamese people going to work abroad under contract, the value of the health examination certificate shall be according to the regulations of the country or territory where the Vietnamese worker comes to work;
Periodic health examination results are valid for use as prescribed by law.
Thus, according to the above regulations, the medical examination certificate is valid for 12 months. However, there are some requirements for employees to have a medical certificate no later than 6 months from the date of application.
Besides, Clause 1 of this Law, it stipulated that an ME certificate issued 01 (one) copy to the person receiving ME. In case the ME applicant requests to issue more than one ME Certificate, ME establishments shall do the following:
– Carry out a copy (photocopy) of the ME certificate signed by the concluding person before stamping. The number of duplicated ME Certificate at the request of the person receiving ME;
– After carrying out the duplication, paste the photo, affix the border seal on the photocopy of the ME certificate, and stamp it according to the provisions of Clause 3, Article 7 of this Circular.
How are medical examination and treatment procedures regulated by health insurance?
According to the provisions of Article 28 of the Law on Health Insurance 2008, the medical examination and treatment procedures covered by health insurance are as follows:
- Health insurance participants when coming for medical examination and treatment must present a health insurance card with a photo; In case the health insurance card does not have a photo, it required to present one of the identification papers. With a photo issued by a competent agency or organization or a certificate of the commune-level police station or another document certified by the educational institutions where pupils and students managed; other legal identity documents.
- Children under 6 years old who come for medical examination and treatment only have to present their health insurance cards. If the child has not issued a health insurance card, a copy of the birth certificate or a copy of the birth certificate must presented; In the case where treatment required immediately after birth without a birth certificate, the head of the medical examination and treatment establishment and the child’s father or mother or guardian shall sign the medical records for certification as a basis for payment according to the provisions of this Law. specified in Clause 1, Article 27 of this Decree and take responsibility for this certification.
In addition
- The health insurance participants while waiting for the re-issuance of the card or change of the health insurance card when visiting for medical examination and treatment must present an appointment letter for re-issuance of the card or for the replacement of the health insurance card issued by the insurance agency. The social insurance agency or the organization or individual authorized by the social insurance agency to receive the application for re-issuance or change of the card, made according to Form No. 4 of the Appendix issued together with this Decree, and a type of document proving personal identity. that person’s body.
- Persons who have donated body parts for medical examination and treatment must present the papers specified in Clauses 1 or 3 of this Article. If treatment required immediately after donation, the head of the medical examination and treatment facility where the body part taken and the patient or the patient’s relative shall sign the medical record for certification as a basis for payment according to regulations. specified in Clause 2, Article 27 of this Decree and take responsibility for this certification.
- In case of referral for medical examination and treatment, the health insurance participants must present the referral file of the medical examination and treatment facility and the referral paper made according to Form No. 6 of the Appendix issued with the Decree this. In case the referral paper is valid until the end of December 31, but the treatment course has not ended, the referral document can used until the end of the treatment period.
In case of re-examination upon request for treatment, the health insurance participants must have an appointment letter for re-examination from the medical examination and treatment establishment according to to Form No. 5 of the Appendix issued together with this Decree.
And
- In case of an emergency, the health insurance participants may visit and receive medical treatment at any medical examination and treatment establishment and must present the papers specified in Clauses 1 or 2, or 3. This is before leaving the hospital. At the end of the emergency period, the patient will transferred by the medical examination and treatment facility to another department or treatment room at that medical examination and treatment establishment for further monitoring and treatment or referred to another medical facility. Other medical examination and treatment establishments shall identified as the correct medical examination and treatment establishments.
Medical examination and treatment establishments that do not have medical examination and treatment contracts with health insurance are responsible for providing patients with valid papers and documents related to medical examination and treatment expenses upon discharge from the hospital. The patient pays directly to the social insurance agency as prescribed in Articles 28, 29, and 30 of this Decree.
And
- Health insurance participants while on business trips, mobile work, concentrated study in the form of training, training programs, and temporary residence entitled to initial medical examination and treatment at medical examination and treatment establishments. medical examination and treatment at the same or equivalent level with the initial medical examination and treatment registration facility stated on the health insurance card and must present the papers specified in Clause 1 or 2 or 3 of this Article and an in the following documents (original or photocopy): work paper, the decision to send to school, student card, proof of temporary residence registration, transfer paper.
- Medical examination and treatment establishments and social insurance agencies may not prescribe additional medical examination and treatment procedures covered by health insurance other than those specified in this Article. In case a medical examination and treatment facility or social insurance agency needs to make copies of the patient’s health insurance card and papers related to medical examination and treatment to serve the management, they must copies, do not ask the patient to make copies or pay for this cost.
Therefore, when examining and treating patients with a health insurance card, you need to follow the procedures specified above.
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Related questions
Public hospitals at the district level and above and private medical facilities licensed by the Ministry of Health may assigned to examine and issue medical examination certificates for individuals to apply for jobs.
Currently, at some commune and district health stations, there are still poor equipment and limited professional activities, so the health stations do not make health examination papers. However, if the requirements under Circular 14/2013/TT-BYT are met, the health station will be granted the right to perform medical examinations and treatment, including making health examination papers for people.
According to the provisions of Circular 04/BYT 2012, the level of medical examination to work is VND 85,000. At a public hospital, the unit will collect about 5,000 – 10,000 VND more for the application fee for each examination card. The total cost for this service is about 100,000 – 120,000 VND. However, if you are examined at a hospital or a private clinic, the situation is different then.
According to Clause 1, Article 30 of the consolidated document No. 2089/VBHN-BHXH, guiding the time limit for processing a new application for a health insurance card: no later than 05 days from the date of receipt of a complete application. according to the law.
Thus, after the time specified above from the date of receipt of complete dossiers from the unit to request the issuance of health insurance cards for employees, the social insurance agency shall have to pay the health insurance cards to the employees. Please compare with the above regulations and ask the company to pay your health insurance card.
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