Shortcomings in the Legal Framework Governing Sickness Benefits Under Compulsory Social Insurance in Vietnam

Sickness benefits under compulsory social insurance play an essential role in providing income replacement for employees whose working capacity is temporarily reduced due to illness or non–work-related accidents. In Vietnam’s social security system, this benefit constitutes an important mechanism for protecting employees’ livelihoods and ensuring social welfare. However, the implementation of the current legal framework has revealed several shortcomings that may undermine the fairness, feasibility, and effectiveness of the social security system. This article examines the limitations of existing legal provisions governing sickness benefits within Vietnam’s compulsory social insurance scheme. In particular, the study focuses on key aspects of the legal framework, including eligibility conditions, duration of entitlement, benefit levels, and administrative procedures for claiming sickness benefits. The article also highlights inconsistencies among relevant legal normative documents, regulatory gaps in preventing abuse and fraud in the social insurance system, and practical difficulties encountered in the enforcement of these regulations. Employing methods of legal analysis, synthesis, and doctrinal commentary, the study evaluates the extent to which the current legal framework aligns with the objectives of protecting employees’ rights and promoting the principle of risk-sharing within the social security system. Based on this analysis, the author proposes several recommendations aimed at improving the legal framework in order to enhance the transparency, feasibility, and effectiveness of sickness benefits under compulsory social insurance in Vietnam in the context of ongoing social security policy reforms.