What are the procedures for performing the initial occupational accident injury assessment in Vietnam?

What are the procedures for performing the initial occupational accident injury assessment in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. What are the cases of medical assessment of decreased work capacity in Vietnam?

According to Article 47 of the Law on Occupational Safety and Hygiene 2015, regulations on medical assessment of decreased work capacity are as follows:

- Employees who suffer from labor accidents or occupational diseases are assessed or re-assessed for reduced working ability when falling into one of the following cases:

+ After the initial injury or illness has been treated stably, there are still sequelae affecting health;

+ After the injury or disease relapse has been treated stably;

+ In cases of injury or occupational disease that cannot be treated stably according to the regulations of the Minister of Health, the employee may undergo assessment procedures before or right during the treatment process.

- Employees are subject to a comprehensive assessment of their work ability decline when they fall into one of the following cases:

+ Having both a work accident and an occupational disease;

+ Having multiple work accidents;

+ Suffering from many occupational diseases.

- After the employee's recurring injury or illness has been treated stably, the labor accident or occupational disease will be re-evaluated after 24 months from the date the employee is concluded by the Medical Examination Council. rate of previous decline in working capacity; In cases where the nature of an occupational disease causes the worker's health to decline rapidly, the assessment time will be carried out earlier according to the regulations of the Minister of Health.

2. What are the procedures for performing the initial occupational accident injury assessment in Vietnam?

Step 1: The employee or the employing organization sends the application for assessment to the Standing Office of the Provincial Medical Examination Council.

Step 2: Based on the records of the subject of assessment, the Standing Body of the Medical Examination Council is responsible for reviewing and organizing the examination and assessment according to the time prescribed by law.

In case of no medical examination, within 10 working days, the Provincial Medical Examination Council is responsible for responding in writing to the individual, agency, or organization requesting the examination, which clearly states the reason and takes responsibility for not organizing the Council's examination

Step 3: Within 10 working days from the Council's conclusion, the standing agency of the Medical Examination Council is responsible for issuing the Medical Examination Minutes.

(According to Part II of Appendix I of Decision 2968/QD-BYT 2018)

3. Cost of initial occupational accident injury assessment

- Costs for first-time occupational accident injury assessment are implemented according to the collection regime of Circular 243/2016/TT-BTC.

- According to Clause 1 of Article 42 of the Law on Occupational Safety and Hygiene 2015, the cost of the first occupational accident injury assessment is paid from the Labor and Occupational Accident Insurance Fund as follows:

Pay fees for examination and assessment of injuries and illnesses caused by labor accidents and occupational diseases for cases eligible for benefits as prescribed in Articles 45 and 46 of the Law on Occupational Safety and Hygiene 2015;

Pay the assessment fee in case the employee proactively goes for an assessment of his or her loss of working capacity according to the provisions of Point b, Clause 1 and Clause 3, Article 47 of the Law on Occupational Safety and Hygiene 2015; the assessment results are eligible to adjust and increase the level of benefits for labor accidents and occupational diseases.

Nguyen Ngoc Que Anh

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