What are procedures for medical assessment for persons who have suffered occupational accidents at least 2 times but the rate has not been aggregated from February 15, 2023 in Vietnam?

What do documents of first medical assessment due to an occupational accident in Vietnam comprise?

In Clause 1, Article 5 of Circular 56/2017/TT-BYT (amended by Clause 2, Article 1 of Circular 18/2022/TT-BYT effective from February 15, 2023) documents of first medical assessment due to an occupational accident include:

a) Letter of introduction of the employer according to Annex 1 enclosed herewith in case the victim of occupational accidents 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 victim is no longer under the management of the employer at the time of application for medical assessment;

b) Original copy or valid copy of the injury confirmation issued by the health facility (that provided treatment for the worker) in accordance with the template specified in Decision No. 4069/2001/QĐ-BYT dated September 28, 2001 of the Minister of Health;

c) Original copy or valid copy of the record of occupational accident investigation in accordance with Annex 7 enclosed together with Joint Circular No. 12/2012/TTLT-BLĐTBXH-BYT dated May 21, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health guiding the statement, investigation, statistics and reports on occupational accidents;

d) The original or valid copy of the hospital discharge note or the medical record summary as specified in Appendix 3 and Appendix 4 to this Circular. In case the worker does not receive in-patient or out-patient treatment, he/she must have documents on injury examination and treatment suitable to the time of the occupational accident and injury to request assessment.

In case the assessed person is an entity described at Point c, Clause 1, Article 47 of the Law on Occupational Safety and Hygiene: The medical record summary must clearly state that the injury caused by the occupational accident cannot be entirely treated.

dd) One of the following documents with photo: ID; Citizen Identification; passport that remains valid. If there are no abovementioned documents, 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.

According to this Article, documents of first medical assessment due to an occupational accident in Vietnam include: 

- Letter of introduction of the employer or written request for medical assessment; 

- Original copy or valid copy of the injury confirmation issued by the health facility; 

- Original copy or valid copy of the record of occupational accident investigation according to the form; 

- Original or valid copy of discharge note or medical record summary; 

- One of the following photo papers: ID; Citizen Identification; passport that remains valid or written confirmation of Commune-level Police.

What are procedures for medical assessment for persons who have suffered occupational accidents at least 2 times but the rate has not been aggregated from February 15, 2023 in Vietnam?

According to the provisions at point d, clause 5, Article 13 of Circular 56/2017/TT-BYT as amended by clause 10, Article 1 of Circular 18/2022/TT-BYT (effective from February 15, 2023) the content of general medical assessment shall be implemented as follows:

d) In case a person has been assessed due to an occupational accident or occupational disease for 02 or more times, but the impairment rating has not been summed up:

- In case the medical assessment record acknowledges duplicate injuries in one or more organs or body parts, the Medical Assessment Council shall re-examine all the injuries acknowledged in the record. This medical assessment record (including both duplicate and non-duplicate injuries) and combined with the whole person impairment rating stated in the medical assessment record does not have duplicate injuries as prescribed, and then issue a new medical assessment record;

- In case a person has been assessed due to an occupational accident or occupational disease for 02 or more times but has a summary of the medical record or hospital discharge note or an occupational disease record that states the injuries that are more serious or minor than those stated in the medical assessment record of these assessment visits, the Medical Assessment Council shall perform an assessment for all injuries stated in the medical assessment record that there is a change in the state of injuries and combining with the whole person impairment rating with the whole person impairment rating stated in the remaining medical assessment record according to regulations, and then issue a new medical assessment record;

- In addition to the above cases, the Medical Assessment Council shall combine the whole person impairment ratings of those assessment records according to the method specified in Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH dated September 27, 2013 of the Minister of Health, the Minister of Labor, War Invalids and Social Affairs on the whole person impairment ratings due to injuries, illnesses, diseases and occupational disease and issuance of new medical assessment records.

Who is responsible for preparing the documents of general medical assessment of occupational accident when the employee is retired in Vietnam?

According to Point h, Clause 1, Clause 3, Article 11 of Circular 56/2017/TT-BYT, stipulating responsibility for preparing the documents of medical assessment as follows:

1. The worker shall prepare the documents of medical assessment and sent them to the Medical Assessment Council in the following cases:

h) General assessment of a worker whose social insurance participation period is reserved or a retired worker.

If the worker specified in this Clause cannot prepare the documents by himself/herself due to health problems, the employer or relatives of the worker may prepare the documents of medical assessment on behalf of the worker. The application for medical assessment must be in accordance with Annex 2 enclosed herewith, in which the confirmation on the worker’s personal status issued by the People’s Committee or police authority at the Commune must be included.

3. The employer shall prepare the documents of medical assessment and sent them to the Medical Assessment Council in the following cases:

a) Cases not specified in Clause 1, 2, 4 and 5 this Article;

b) Workers specified in Article 47 of the Law on occupational safety and hygiene.

Pursuant to the above provisions in Vietnam, if the employer has retired, the responsibility for preparing the documents of general medical assessment of occupational accident belongs to the employee or the employee's relatives may make up on behalf of such employee's medical assessment dossiers in case the employees are unable to make their own records due to health reasons.

Best Regards!