How often does the employer have to organize periodic health check-ups for employees in Vietnam?
- How often does the employer have to organize periodic health check-ups for employees in Vietnam?
- What is the penalty for employers who fail to organize periodic health check-ups for employees in Vietnam?
- Is the employer responsible for preparing and managing health documents of employees in Vietnam?
How often does the employer have to organize periodic health check-ups for employees in Vietnam?
Pursuant to Article 21 of the 2015 Law on Occupational Safety and Hygiene in Vietnam stipulating as follows:
Health check-ups and treatment for occupational diseases applicable to employees
1. Annually, an employer shall organize health check-ups at least once a year for employees; and health check-ups at least twice a year for employees doing heavy and harmful jobs and disabled, underage and elderly employees.
2. Beside regulations prescribed in Clause 1 of this Article, the employer shall organize obstetric checks for female employees, and occupational disease checks for employees who work in conditions with hazards of occupational diseases.
3. Before an employee is assigned works or taken another work that is more heavy, harmful or dangerous, or after a victim recovers from an occupational accident or occupational disease and returns to work, the employer shall have them went for health check-ups, unless they have undergone decreased work capacity examinations conducted by a Medical Examination Council.
4. The employer shall organize health check-ups or occupational disease check-ups for employees at health facilities meeting professional and technical conditions.
5. The employer shall send the employee who is diagnosed as an occupational disease to a health facility meeting professional and technical conditions according to the treatment regimen of occupational diseases prescribed by the Minister of Health.
6. Costs of health check-ups, occupational disease check-ups, and treatment for occupational diseases for employees paid by employers as prescribed in Clause 1, 2 3 and 5 of this Article shall be recorded to deductible expenses when determining their taxable income as prescribed in Law on enterprise income tax and recorded to regular operating expenses applicable to administrative units without service provision.
According to the above regulations, annually, an employer shall organize health check-ups at least once a year for employees.
At the same time, health check-ups at least twice a year for employees doing heavy and harmful jobs and disabled, underage and elderly employees.
How often does the employer have to organize periodic health check-ups for employees in Vietnam?
What is the penalty for employers who fail to organize periodic health check-ups for employees in Vietnam?
Pursuant to the provisions of Clause 2, Article 22 of Decree No. 12/2022/ND-CP and Clause 3, Article 22 of Decree No. 12/2022/ND-CP, as follows:
Violations against regulations on prevention of occupational accidents and occupational diseases
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2. A fine ranging from VND 1.000.000 to VND 3.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for failing to provide regular health check-ups or medical examination for detection of occupational diseases for their employees.
3. A fine ranging from VND 5.000.000 to VND 10.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for failing to provide health check-ups for employees before they are reassigned to perform arduous, hazardous or dangerous works or after they recover from occupational accidents or diseases and return to work, except cases where the employee has undergone a medical examination for assessment of work capacity reduction level given by an authorized medical assessment council.
According to the above regulations, the employer does not organize periodical health check-ups for employees depending on the number of employees, but the employer will be fined different levels.
A fine ranging from VND 1.000.000 to VND 3.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for failing to provide regular health check-ups or medical examination for detection of occupational diseases for their employees.
A fine ranging from VND 5.000.000 to VND 10.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for failing to provide health check-ups for employees before they are reassigned to perform arduous, hazardous or dangerous works or after they recover from occupational accidents or diseases and return to work, except cases where the employee has undergone a medical examination for assessment of work capacity reduction level given by an authorized medical assessment council.
Note: This is the fine level imposed on individuals, the fine level imposed on organizations is twice (based on Clause 1, Article 6 of Decree No. 12/2022/ND-CP).
Is the employer responsible for preparing and managing health documents of employees in Vietnam?
Pursuant to the provisions of Article 27 of the 2015 Law on Occupational Safety and Hygiene in Vietnam as follows:
Management of employees’ health
1. The employer shall give work assignments to its employees according to health standards prescribed for each type of occupation and the results of employees’ health check-ups.
2. The employer shall prepare and manage health documents of employees, occupational disease patients; send notifications of results of health check-ups and occupational disease check-ups to employees; and send reports on management of employee’s health to health authorities annually.
According to the above provisions, the employer is responsible for preparing and managing health documents of employees, occupational disease patients.
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