Are enterprises in Vietnam required to provide periodic health examination for employees?

Are enterprises in Vietnam required to provide periodic health examination for employees?​ (Illustrative Image)

Appendix 3 - SAMPLE PERIODIC HEALTH EXAMINATION BOOK

Enterprises in Vietnam must organize periodic health examination for employees

According to Clause 2 Article 152 of the Labor Code 2012 and Article 21 of the Law on Occupational Safety and Health, enterprises are required to organize periodic health examination for employees. To be specific:

- 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 examination, 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 enterprises must base job assignments on the health standards prescribed for each type of occupation and the results of health examinations.

Moreover, enterprises are responsible for creating and managing health records for employees, health records for those with occupational diseases; informing employees of their health examination results and occupational disease detection examinations; and annually reporting on health management for employees under their management to the competent state health authorities.

Fines for enterprises failing to organize periodic health examination in Vietnam

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, enterprises will be fined for the following violations:

- Not organizing periodic health examination, occupational disease detection examinations for employees, except in cases where the business has organized periodic health examination, 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 examination 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 examination records for employees in Vietnam

According to Article 4 of Circular 14/2013/TT-BYT, the health examination record for employees includes:

For initial health examination:

- 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 examination submission date.

For periodic health examination:

- Periodic health examination 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 examination or listed in the periodic health examination list, confirmed by the organization or agency where the individual works to undergo periodic health examination under contract.

Le Vy

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