Regulations on the organization of medical division in enterprises in Vietnam

Regulations on the organization of medical division in enterprises in Vietnam

Pursuant to Article 37 of Decree 39/2016/ND-CP, The organization of medical division is provided for as follows:

(1) For the business and production establishments operating the fields and business lines of processing and preservation of aquatic products and products from aquatic products, mining, production of textile, leather, shoes, coke production, chemical production, making of products from rubber and plastic, waste recycling, environmental sanitation, metal production, ship building and repairment, production of constructional materials, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

- The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

- The business and production establishments which employ between 300 and 500 persons must have at least 01 doctor/physician and 01 person to carry out the medical activities with intermediate educational level;

- The business and production establishments which employ between 500 and under 1000 persons must have at least 01 doctor and each shift must have 01 person to carry out the medical activities with intermediate educational level;

- The business and production establishments which employ 1000 persons or more must establish the medical facility in the form and structure in accordance with regulations of law on health examination and treatment.

(2) For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

- The business and production establishments which employ fewer than 500 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

- The business and production establishments which employ between 500 and 1000 persons must have at least 01 physician and 01 person to carry out the medical activities with intermediate educational level;

- The business and production establishments which employ over 1000 persons must have at least 01 doctor and 01 person to carry out other medical activities.

(3) The persons performing the medical activities at the establishments specified in (1) and (2) must meet all following conditions:

- Have medical qualifications including: doctor, doctor of preventive medicine, bachelor of nursing, physician, intermediate-level nurse and midwife;

- Have occupational health certificate.

(4) e employer must notify the information of the grassroots health workers under the Form XXI issued with Decree 39/2016/ND-CP with the provincial Department of Health where the head office of the establishment is situated.

(5) Where the establishment does not arrange the health workers or does not set up its medical division as stipulated in (1), (2) and (3), the business and production establishment shall:

- Sign contract with the qualified medical facility in accordance with the following regulations: providing a sufficient number of health workers prescribed in (1), (2) and (3); promptly be present at the business and production establishment upon the occurrence of emergency within 30 minutes for the plain, towns, cities and 60 minutes for mountainous areas and remote areas;

- Notify the information of the medical facility under the Form in the Appendix XXII issued with Decree 39/2016/ND-CP to the provincial Department of Health where the head office of the establishment is situated.

Regulations on the organization of medical division in enterprises in Vietnam (Internet image) 

Duties and rights of health officers or health units in enterprises in Vietnam

Pursuant to Article 73 of the Law on Occupational Safety and Hygiene 2015, the duties and rights of medical workers and medical departments in enterprises are specified as follows:

(i) The health officer or health unit shall act as an advisor for the employer to look after the employees’ health, including:

- Making emergency scenarios, emergency equipment, essential medicines, providing training in first aid, emergency aid for employees at the business entity;

- Making plans and organizing health check-ups, occupational disease check-ups, medical assessment of decreased work capacity upon occupational accidents or occupational diseases, convalescence and occupational rehabilitation, offering advices on prevention of occupational diseases; suggesting work positions that are suitable for the employees’ health;

- Organizing examinations and treatment of normal diseases at the business entity and first aid and emergency aid for victims of occupational accidents or safety threat as prescribed;

- Propagating information about occupational hygiene, prevention of occupational diseases, promoting better health in the workplace; inspecting the observance of regulations on hygiene, prevention of epidemic diseases, assurance of food safety and hygiene for employees at the business entity; providing in-kind benefit as prescribed;

- Collecting and managing information about occupational safety and hygiene at the workplace; organizing occupational environment monitoring to assess harmful factors; manage health records of employees, health records of employees suffering occupational diseases (if any);

- Cooperating with occupational safety and hygiene unit in performance of tasks prescribed in Clause 2 Article 72 of the Law on Occupational Safety and Hygiene 2015.

(ii) A health officer or a health unit has rights to:

- Request persons in charge of production division to give orders for work suspension or temporary work suspension for emergencies when there are violations or hazards that threaten health, cause diseases for employees and inform the employer of those violations or hazards; manage medical equipment, medicines used in first aid and emergency aid at the workplace; and give instructions in first aid and emergency aid at the workplace for employees;

- Suspend the use of substances not meeting requirements for occupational safety and hygiene.

- Participate in meetings, conferences and transactions with local health authorities or central health authorities under work assignment of the employer.

Mai Thanh Loi

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