Is the enterprise in Vietnam obliged to provide healthcare and occupational disease check-ups?

Is the enterprise in Vietnam obliged to provide healthcare and occupational disease check-ups? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Is the enterprise in Vietnam obliged to provide healthcare and occupational disease check-ups?

According to Point b, Clause 2, Article 7 of the Law on Occupational Safety and Health 2015, the employer is obliged to provide healthcare and occupational disease check-ups.

In addition, according to Article 21 of the Law on Occupational Safety and Health 2015, health check-ups and treatment for occupational diseases applicable to employees is as follows:

- 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.

- Beside regulations prescribed in Clause 1 of Article 21 of the Law on Occupational Safety and Health 2015, the employer shall organize obstetric checks for female employees, and occupational disease checks for employees who work in conditions with hazards of occupational diseases.

- 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.

- The employer shall organize health check-ups or occupational disease check-ups for employees at health facilities meeting professional and technical conditions.

- The employer shall send the employee who is diagnosed as an occupational disease to a health facility meeting professional and technical conditions according to the treatment regimen of occupational diseases prescribed by the Minister of Health.

- 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 Article 21 of the Law on Occupational Safety and Health 2015 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.

Thus, enterprises are required to 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. Penalties for failure to organize healthcare and occupational disease check-ups in Vietnam

Employers who fail to organize healthcare and occupational disease check-ups in Vietnam will be fined as follows:

For individuals:

- 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.

- 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.

For organization: The fine level will be equal to 02 times the fine level for individuals according to Clause 1, Article 6 of Decree 12/2022/ND-CP

(Clause 2 and 3, Article 22 of Decree 12/2022/ND-CP)

Nguyen Ngoc Que Anh

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