In which cases are occupational diseases assessed? What are the documents and procedures for medical assessment of occupational diseases in Vietnam?
When are employees entitled to medical assessment of occupational diseases in Vietnam?
Pursuant to Clause 1, Article 47 of the 2015 Law on Occupational Safety and Hygiene of Vietnam stipulating as follows:
Medical assessment of decreased work capacity
1. An employee involving in an occupational accident or suffering from an occupational disease is entitled to undergo medical assessment or medical re-assessment of decreased work capacity if he/she is in one of the following cases:
a) Their health condition has become stable after treatment of the first time injury or disease but there are sequelae affecting their health;
b) Their health condition has become stable after treatment of the relapse injury or disease;
c) If their health condition cannot become stable after treatment of the injury or disease as prescribed by the Minister of Health, the employee is entitled to undergo a medical assessment before or during the treatment process.
According to this regulation, employees suffering from occupational diseases will be entitled to medical assessment of occupational diseases at the following times:
- Their health condition has become stable after treatment of the first time injury or disease but there are sequelae affecting their health;
- Their health condition has become stable after treatment of the relapse injury or disease;
- If their health condition cannot become stable after treatment of the injury or disease, the employee is entitled to undergo a medical assessment before or during the treatment process.
In which cases are occupational diseases assessed? What are the documents and procedures for medical assessment of occupational diseases in Vietnam?
What are included in the documents of medical assessment of occupational diseases in Vietnam?
Pursuant to Clause 2, Article 5 of Circular No. 56/2017/TT-BYT, documents of first medical assessment of occupational diseases includes the following papers:
Documents of first medical assessment
…
2. Documents of first medical assessment of occupational diseases:
a) Letter of introduction of the employer according to Annex 1 enclosed herewith in case the person being assessed of occupational diseases for the first time is under the management of the employer at the time of medical assessment or the application for medical assessment according to Annex 2 enclosed herewith in case the worker is retired or no longer does the jobs posing risk of occupational diseases is detected any occupational disease within the coverage period of the disease, including workers whose social insurance participation period is reserved, retired workers pending pension or monthly benefits and workers on pensions or monthly benefits;
b) Original copy or valid copy of the occupational disease record;
c) Medical record summary of treatment for occupational diseases of the worker relevant to occupational diseases (if any).
In case the assessed person is one of the subjects specified in Point c Clause 1 Article 47 of the Law on occupational safety and hygiene: the medical record summary must clearly state that the occupational diseases cannot become stable after treatment.
d) One of the documents specified in Point dd Clause 1 this Article.
According to the above regulations, documents of first medical assessment of occupational diseases will include the following papers:
- Letter of introduction of the employer or the application for medical assessment of the employee;
The written request for medical examination and assessment shall be made by the employee according to the form in Appendix 1 to Circular 56 for employees under the management of the enterprise.
A written request for medical examination and assessment, made by the employee using the form in Appendix 2 of Circular 56, is intended for employees who no longer do jobs at risk of occupational diseases but are found to have occupational diseases.
- Original copy or valid copy of the occupational disease record;
- Medical record summary of treatment for occupational diseases of the employee relevant to occupational diseases (if any).
In case the assessed person is one of the subjects specified in Point c Clause 1 Article 47 of the Law on occupational safety and hygiene: the medical record summary must clearly state that the occupational diseases cannot become stable after treatment.
- One of the following documents with photo:
ID; Citizen Identity; passport that remains valid.
A written confirmation with a photo bearing a seal issued by the police authority of the Commune within the last 03 months from the time of application for medical assessment.
What are the procedures for medical assessment of occupational diseases in Vietnam?
According to the guidance in Decision No. 2968/QD-BYT in 2018, the procedures for medical assessment of occupational diseases atr carried out as follows:
- First medical assessment due to occupational diseases
Step 1: The employee submits the application for assessment to the Standing Body of the Provincial-level Medical Assessment Council
Step 2: Based on the dossier of the subject to be assessed, the standing body of the Medical Assessment Council is responsible for reviewing and organizing the examination and assessment according to the time prescribed by law.
In case of non-examination, within 10 working days, the Provincial-level Medical Assessment Council shall reply in writing to the individual, agency or organization requesting the assessment which clearly states the reason and takes responsibility for not organizing the assessment examination by the Council.
Step 3: Within 10 working days after the Council has concluded, the standing body of the Medical Assessment Council is responsible for issuing the Medical Assessment Records.
- Re-examination for recurrent occupational diseases
Step 1: The employee or the employer organization sends the application for assessment to the Standing Body of the Provincial-level Medical Assessment Council.
Step 2: Based on the dossier of the subject to be assessed, the standing body of the Medical Assessment Council is responsible for reviewing and organizing the examination and assessment according to the time prescribed by law.
In case of non-examination, within 10 working days, the Provincial-level Medical Assessment Council shall reply in writing to the individual, agency or organization requesting the assessment which clearly states the reason and takes responsibility for not organizing the assessment examination by the Council
Step 3: Within 10 working days after the Council has concluded, the standing body of the Medical Assessment Council is responsible for issuing the Medical Assessment Records.
Thus, the procedures for medical assessment of occupational diseases are carried out according to the content of the instructions as above.
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