What are the contents of occupational disease screening for workers doing arduous, toxic or dangerous works in Vietnam?
- What are the contents of occupational disease screening for workers doing arduous, toxic or dangerous works in Vietnam?
- What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
- What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
What are the contents of occupational disease screening for workers doing arduous, toxic or dangerous works in Vietnam?
In Clause 2, Article 9, Circular 28/2016/TT-BYT has regulations on the process and contents of occupational disease screening for workers doing arduous, toxic or dangerous works as follows:
Occupational disease screening procedures and contents
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2. Screening examination contents
a) Obtain personal information, health status, medical history of the worker and his/her family, duration of exposure to harmful elements;
b) Carry out the examination in accordance with Appendix 4 enclosed herewith to discover the occupational diseases on the List of occupational diseases covered by insurance specified in Circular No. 15/2016/TT-BYT;
c) Female workers shall be provided with pelvic examination;
d) Carry out other examinations related to harmful elements of the working environment where necessary;
dd) Where workers have been provided with periodic health checkup in accordance with Circular No. 14/2013/TT-BYT, the health checkup result shall be used together with other contents specified in Point b and d Clause 2 of this Article;
e) Regarding occupational diseases that are not on the List of occupational diseases covered by insurance, full specialist consultations shall be given as prescribed by physicians;
Accordingly, for workers doing arduous, toxic or dangerous works, the employer must organize examinations to detect occupational diseases. The contents of the physical examination are as follows:
- Obtain personal information, health status, medical history of the worker and his/her family, duration of exposure to harmful elements;
- Carry out the examination in accordance with Appendix 4 enclosed herewith to discover the occupational diseases on the List of occupational diseases covered by insurance specified in Circular No. 15/2016/TT-BYT;
- Female workers shall be provided with pelvic examination
- Carry out other examinations related to harmful elements of the working environment where necessary;
- Where workers have been provided with periodic health checkup in accordance with Circular No. 14/2013/TT-BYT, the health checkup result shall be used together with other contents specified in Point b and d Clause 2 of Article 9 Circular 28/2016/TT-BYT;
- Regarding occupational diseases that are not on the List of occupational diseases covered by insurance, full specialist consultations shall be given as prescribed by physicians.
What are the contents of occupational disease screening for workers doing arduous, toxic or dangerous works in Vietnam?
What are the conditions for receipt of financial assistance in occupational disease examination for employees in Vietnam?
In Article 16 of Decree 88/2020/ND-CP, there are provisions as follows:
Conditions for receipt of financial assistance in occupational disease examination for employees
An employer shall be provided with financial assistance in occupational disease examination for an employee as prescribed in Article 55 of the Law on Occupational Safety and Health if the employee satisfies the following conditions:
1. The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.
2. The employee is diagnosed with an occupational disease by an occupational health facility.
Accordingly, an employer shall be provided with financial assistance in occupational disease examination if the employee satisfies the following conditions:
- The employee has paid occupational accident and disease insurance premiums for at least 12 months and is still participating in such insurance up to the month immediately preceding the month of request for financial assistance.
- The employee is diagnosed with an occupational disease by an occupational health facility.
What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam?
Pursuant to Article 38 of the Law on Occupational Safety and Hygiene 2015, each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:
- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
+ Full payment for treatment for the employee if the employee has not heath insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;
- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;
- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;
- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of this Article shall include salary, allowances and additional payments as prescribed in legislation on labor.
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