Periodic health examinations are the most effective way to ensure the working capacity of employees. Currently, the law also clearly stipulates that enterprises are required to provide periodic health examinations for their employees.
Article table of contents
Is a business required to provide periodic health check-ups for employees? (Illustrative Image)
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Appendix 3 - SAMPLE PERIODIC HEALTH CHECK-UP BOOK
Businesses must organize periodic health check-ups for employees
According to Clause 2 Article 152 of the Labor Code 2012 and Article 21 of the Law on Occupational Safety and Health, businesses are required to organize periodic health check-ups for employees, specifically:
- At least once a year for employees.- At least every 6 months for employees working in heavy, hazardous, dangerous work, especially heavy, hazardous, dangerous work, employees with disabilities, underage employees, elderly employees.
Exclusive for female employees, they must receive specialized gynecological examinations. Employees working in environments with risk factors for occupational diseases must have examinations to detect occupational diseases.
The cost of health check-ups, detection of occupational diseases, and treatment of occupational diseases for employees shall be borne by the business and accounted as deductible expenses when determining taxable income under the Law on Corporate Income Tax and accounted as regular operational expenses for administrative agencies and public service providers that do not engage in service provision.
Additionally, Article 27 of the Law on Occupational Safety and Health stipulates that businesses must base job assignments on the health standards prescribed for each type of occupation and the results of health examinations.
Moreover, businesses are responsible for creating and managing health records for employees, health records for those with occupational diseases; informing employees of their health check-up results and occupational disease detection examinations; and annually reporting on health management for employees under their management to the competent state health authorities.
Monetary fines if businesses do not organize periodic health check-ups
According to Article 21 of Decree 28/2020/ND-CP of the Government of Vietnam on the administrative penalty in the field of labor, social insurance, and sending Vietnamese employees to work abroad under contracts, businesses will be fined for the following violations:
- Not organizing periodic health check-ups, occupational disease detection examinations for employees, except in cases where the business has organized periodic health check-ups, occupational disease detection examinations but employees do not wish to undergo them: Fine from 1,000,000 - 3,000,000 VND/employee, up to a maximum of 75,000,000 VND.- Not organizing health check-ups for employees before transferring them to more demanding, hazardous, and dangerous jobs or after recovering from work-related accidents or occupational diseases and returning to work, except in cases where the Medical Assessment Council has examined and assessed the degree of capacity reduction: Fine from 5,000,000 - 10,000,000 VND/employee, up to a maximum of 75,000,000 VND.
Periodic health check-up records for employees
According to Article 4 of Circular 14/2013/TT-BYT, the health check-up record for employees includes:
For initial health check-ups:
- Health examination paper according to the form prescribed in Appendix 1 (for persons aged 18 and older), the form prescribed in Appendix 2 (for persons under 18 years old) issued together with Circular 14/2013/TT-BYT;- Portrait photo sized 04cm x 06cm, taken on a white background, not more than 6 months before the health check-up submission date.
For periodic health check-ups:
- Periodic health check-up book according to the form prescribed in Appendix 3 issued together with Circular 14/2013/TT-BYT;- Referral letter from the organization or agency where the individual works for individual periodic health check-ups or listed in the periodic health check-up list, confirmed by the organization or agency where the individual works to undergo periodic health check-ups under contract.
Le Vy
