Which are the cases of occupational disease investigation in Vietnam?

Which are the cases of occupational disease investigation in Vietnam? (Internet image)

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

1. Which are the cases of occupational disease investigation in Vietnam?

Cases of occupational disease investigation in Vietnam according to Article 14 of Circular 28/2016/TT-BYT are as follows:

- First occupational disease investigation shall be carried out in the following cases:

+ The investigation is requested by a worker who has not received occupational disease benefits according to regulations of law on occupational hygiene and safety;

+ The investigation is requested by the employer;

+ There are many cases of acute occupational diseases or many people having a disease at the same time in the same workplace;

+ The working environment monitoring result exceeds the permissible limits but no workers are diagnosed with occupational diseases, or working environment monitoring and health checkup for workers are not carried out;

+ The investigation is requested by a social insurance authority;

- Occupational disease reinvestigation shall be carried out in the following cases:

+ The occupational disease investigation result is appealed against;

+ The reinvestigation is requested by a competent authority;

- Final occupational disease investigation shall be carried out where the result of reinvestigation is appealed against.

2. Composition of an occupational disease investigation team in Vietnam

The composition of an occupational disease investigation team in Vietnam according to Article 16 of Circular 28/2016/TT-BYT is as follows:

- A first investigation team consists of:

+ A chief who is a senior inspector of Provincial Department of Health or head of a health authority of a Ministry;

+ 01 secretary who is a physician who has a degree in occupational diseases;

+ 01 physician whose specialty is related to the occupational disease under investigation;

+ 01 representative of the Department of Labor, War Invalids and Social Affairs;

+ 01 representative of the Provincial Confederation of Labor;

+ 01 representative of the social insurance authority of the province or a Ministry;

+ Other members decided by the chief.

- A first investigation team specified in Point b Clause 1 and reinvestigation team specified in Clause 2 Article 15 of Circular 28/2016/TT-BYT consists of:

+ A chief who is a senior official of Health Environment Management Agency – the Ministry of Health;

+ 01 secretary who is a physician who has a degree in occupational diseases;

+ 01 physician whose specialty is related to the occupational disease under investigation;

+ 01 representative of the Legal Department – the Ministry of Health;

+ 01 representative of the Department of Labor, War Invalids and Social Affairs of the province where the investigation takes place;

+ Other members decided by the chief.

- The Minister of Health shall establish a final investigation team at the request of the chief inspector of the Ministry of Health or Director of Health Environment Management Agency. Such final investigation team consists of:

+ A chief who is a senior inspector of the Ministry of Health;

+ 01 secretary who is a physician specialized in occupational diseases of an institution which belongs to the defensive medicine system;

+ 01 physician whose specialty is related to the occupational disease under investigation;

+ 01 representative of the Ministry of Labor, War Invalids and Social Affairs;

+ 01 representative of Social Security Administration of Vietnam;

+ Other members decided by the chief.

3. Responsibilities of occupational disease investigation team members in Vietnam

Responsibilities of occupational disease investigation team members in Vietnam according to Article 17 of Circular 28/2016/TT-BYT are as follows:

- The chief of an investigation team has the responsibility to:

+ Organize activities of the investigation team and assign tasks to its members;

+ Hold discussions to reach consensus among the members. If such consensus cannot be reached, the chief shall make a decision and take responsibility for it;

+ Disclose the investigation record.

- Investigation team members have the responsibility to:

+ Perform the tasks given by the chief and take responsibility for their performance;

+ Offer their dissenting opinions. Dissenting opinions shall be fully written in the investigation record.

- Not reveal information and documents obtained during the investigation before the investigation record is disclosed.

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