Regulations on health check-ups and treatment for occupational diseases applicable to employees in Vietnam

Regulations on health check-ups and treatment for occupational diseases applicable to employees in Vietnam (Internet image)

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

1. Regulations on health check-ups and treatment for occupational diseases applicable to employees

Regulations on health check-ups and treatment for occupational diseases applicable to employees according to Article 21 of the Law on occupational safety and hygiene 2015 are 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 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.

- 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 hygiene 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.

2. Responsibilities of employers to employees suffering from occupational accidents or occupational diseases in Vietnam 

According to Article 38 of the Law on occupational safety and hygiene 2015, each employer shall take responsibilities to an employee suffering from occupational accidents or occupational diseases as follows:

- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;

- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:

= Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

= Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;

= Full payment for treatment for the employee if the employee has not heath insurance;

- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;

- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

= At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;

= At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;

- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;

- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;

- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;

- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;

- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;

- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of Article 38 of the Law on occupational safety and hygiene 2015 shall include salary, allowances and additional payments as prescribed in legislation on labor.

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