Question 63. How is the certificate of a medical examination and treatment establishment identified in case of any Employee’s illness leave or due to his or her beloved ones’ illness?

Answer:

No prevailing legal regulations provide guidelines on the types of paper which are considered to be valid certificates issued 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 Medical Examination and Treatment 2009, the medical examination and treatment establishments will be organised in the following forms:

  • Hospitals;
  • Medical assessment centres;
  • General clinics;
  • Specialised clinics, family doctors;
  • Traditional medicine diagnosis and treatment clinic;
  • Obstetrics clinic;
  • Diagnosis establishments;
  • Health service establishment;
  • Commune-level health center and equivalent;
  • Other forms of medical examination and treatment (refer to Article 22 of Decree 109/2016/ND-CP of the Government).

Moreover, the aforesaid establishments must be eligible for the issuance of their operating licences. Thus, the 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 or her relatives specified in Article 125.4 of the Labour Code.

In fact, the Certificate of leave with entitlement to SI in Appendix 7 of Circular No. 56/2017/TT-BYT of the Ministry of Health is considered one of the certificates proving the reasonable leave of any Employee. In particular, such certificates will clearly identify the patient information and the number of specific days off on which Employer could base for determining the number of reasonable days off of an Employee.