How many health check-ups are employees doing heavy and harmful jobs in Vietnam entitled to in a year?

How many health check-ups are employees doing heavy and harmful jobs in Vietnam entitled to in a year?

Pursuant to Article 21 of the Law on occupational safety and hygiene in 2015 stipulating health check-ups and treatment for occupational diseases applicable to employees:

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 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.

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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.

As regulated above, employers must organize health check-ups for employees doing heavy and harmful jobs in Vietnam at least twice a year.

How many health check-ups are employees doing heavy and harmful jobs in Vietnam entitled to in a year? - image from internet

Are employees compulsory to undergo periodic health check-ups organized by their employers in Vietnam?

Pursuant to Clause 1 Article 6 of the Law on occupational safety and hygiene in 2015 stipulating rights and obligations of employees in terms of occupational safety and hygiene:

Rights and obligations of employees in terms of occupational safety and hygiene

1. Every employee with labor contracts has rights to:

a) Obtain assurance of equal, safe and hygienic working conditions; request his/her employer to ensure safe and hygienic working conditions during the course of work at the workplace;

b) Receive adequate information about dangerous or harmful factors at workplace and prevention measures; receive training in occupational safety and hygiene;

c) Receive benefits in terms of personal protective equipment, healthcare, occupational disease check-ups; have premiums of insurance against occupational accidents and occupational diseases (hereinafter referred to as the insurance) paid by his/her employer; receive the insurance benefits for victims; receive payment for assessment fees for injuries or diseases caused by occupational accidents and occupational diseases; proactively take medical assessment of decreased work capacity and receive payment for assessment fees in case the employee is entitled to an increase in benefit occupational accident benefit and occupational disease benefit according to the assessment results;

d) Request his/her the employer to assign him/her appropriate works when their health condition becomes stable after treatment;

dd) Refuse works or quit the workplace but still receive full salary without consideration as violations against labor discipline if he/she clearly recognize the hazards of occupational accidents that seriously threaten their life and heath, provided that he/she immediately informs their senior manager; and keep working when the senior manager and the person in charge of occupational safety and hygiene coped with the hazards;

e) Make complaints, denunciation or take legal proceedings as prescribed.

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As regulated above, currently, the law only stipulates penalties for the employers that do not organize periodic health check-ups for their employees. Whether or not an employee undergoes periodic health check-ups organized by the employer is their right. However, if the company's regulations require mandatory periodic health check-ups, the employees must comply with those regulations.

What are regulations on management of employees’ health in Vietnam?

Pursuant to Article 27 of the Law on occupational safety and hygiene in 2015 stipulating management of employees’ health in Vietnam:

- The employer shall give work assignment to its employees according to health standards prescribed for each type of occupation and the results of employees’ health check-ups.

- 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.