How often shall employees in Vietnam be entitled to annual health check-up?

How often shall employees in Vietnam be entitled to annual health check-up?

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 as follows:

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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As regulations above, annually, an employer shall organize health check-ups at least once a year for employees. The number of times depends on the company's decision. Therefore, it is against the law for not organizing health check-up for employees.

What are the fines imposed on companies for failure to organize health check-up for employees in Vietnam?

Pursuant to Article 22 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on prevention of occupational accidents and occupational diseases as follows:

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon an employee for commission of one of the following violations:

a) Failing to use the provided personal protective equipment;

b) Failing to get involved in responding to emergencies, incidents or accidents at work upon receipt of orders from his/her employer or competent authorities.

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.

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Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

As your company has not organized periodic health check-up for workers for 2 years, they shall be liable to a fine ranging from VND 2.000.000 to VND 6.000.000 per employee but not exceeding VND 150.000.000.

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 as follows:

1. 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.

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.

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