Pursuant to the Labour Code dated 23/6/1994 and the Labour Code amending, supplementing dated 02/4/2002;
Pursuant to the Law on Protection of People’s Health dated 11/7/1989;
Pursuant to the Decree No.06/CP dated 20/01/1995 and Decree No.110/2002/ND-CP dated 27/12/2002 of the Government on amending, supplementing a number of Articles of Decree No.06/CP of the Government detailing a number of Articles of the Labour Code on occupational safety and Hygiene;
Pursuant to the Decree No.49/2003/ND-CP dated 15/5/2003 of the Government defining function, tasks, powers and organizational structure of the Ministry of Health;
Ministry of Health guides the examination of occupational diseases for laborer as follows:
- GENERAL PROVISIONS
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This Circular provides for the examination of occupational diseases for workers including: records, process and content of the examination of occupational diseases; liabilities of the employer, employees and establishments of examination of occupational diseases.
2. Subjects of application
This Circular applies to enterprises, agencies, organizations, or individuals using employees [hereinafter referred to as the employer]; the employees including the employees who have retired and the medical establishments functioning examination of occupational diseases.
3. Interpretation of terms
- Pathogens of occupational diseases mean the harmful factors arising in the course of labor and production, causing negative impacts on the health of workers;
- Occupational diseases mean the diseases caused by harmful working conditions of occupations effecting on workers.
4. Principles of examination of occupational diseases
- The examination and diagnosis of occupational diseases should be based on results of monitoring working environment, occupational exposure factors and results of periodic health examination of the labor establishment done by clinics of examination of occupational diseases of the Center Preventive Medicine of provinces, cities under central authority; Labor and Environment Health Center of the provinces and cities under central government; medical centers of ministries, branches; institutes; the hospitals with department of occupational diseases in the central and provincial level to implement. The establishments of examination of occupational diseases are allowed to use the seal of the managing unit for certification and trade in specialized fields related to health and occupational diseases;
- The establishments of examination of occupational diseases other than those specified in point a clause 4 of section I of this Circular are only allowed to carry out the examination of occupational diseases for workers after being appraised and announced sufficient conditions for examination of occupational diseases by the Ministry of Health or medical centers of ministries or branches, or Departments of Health of provinces, cities under central authority [hereinafter referred to as the provincial Health Department];
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II. EXAMINATION OF OCCUPATIONAL DISEASES
1. The process and contents of occupational diseases
- Prior to the examination of occupational disease, the employer shall prepare and send to the establishment of examination of occupational diseases of the following documents:
- Letters of introduction of the employer;
- Health records of workers including recruitment health records and period health records;
- The latest results of monitoring working environment [not exceeding 24 months from the date of measurement] according to Form No.1 prescribed in Circular No.13/BYT-TT dated 21/10/1996 of the Ministry of Health on the management of occupational hygiene and health management of occupational diseases [hereinafter referred to as Circular No.13/BYT-TT]; for occupational diseases caused by microbial factors, in addition to the results of monitoring the working environment, it must have occupational exposure assessment of microbiological factors as prescribed in Appendix 1 to this Circular;
- Individual profile of occupational diseases under the Form 4a of the Joint Circular No.08/1998/TTLT - BYT - BLDTBXH dated 20/04/1998 of the joint Ministries: Ministry of Health - Ministry of Labour - Invalids and Social Affairs guiding the implementation of regulations on occupational diseases [if any] [hereinafter referred to as Circular No.08/1998/TTLT-BYT-BLDTBXH];
- Where the employees have terminated, retired, social security offices where directly manage social insurance of employees are responsible for preparing the dossiers prescribed at point a, clause 1, Part II of this Circular;
- After receiving the complete dossiers as prescribed at point a, clause 1 of Part II of this Circular, the establishment of examination of occupational diseases notifies the time to examine occupational diseases to the employer or the employees and conducts the first and period examination of occupational diseases according to the contents specified in Appendix 2 and Appendix 3 of this Circular;
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- The establishment of examination of occupational diseases shall document occupational examination immediately after the examination by prescribed form in Appendix 4 of this Circular.
2. Regulations on consultation
- The consultation is conducted for the cases diagnosed dust lung diseases, bronchitis, and occupational shake diseases and the cases beyond the expertise of doctors examining occupational diseases. The time to conduct consultation may not exceed 15 working days from the date of occupational disease examination.
- The head of the establishment of examination of occupational diseases decides on the establishment of a council of consultation of occupational diseases, the composition includes at least:
- Chairman: Representative of leaders of the establishment of examination of occupational diseases;
- 01 doctor of specialty of occupational disease;
- 01 doctor of specialty related to occupational disease needs to be consulted;
- Secretary of the Council: appointed by chairman of the Council.
Where necessary, the Chairman shall decide on the referendum of specialists of the sector of consultation;
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- Where there is any doubt on the diagnosis, the establishment of examination of occupational diseases completes minute of consultation and record of examination of occupational disease to transfer to the upper level for the diagnosis of final identification.
3. Conditions, records, procedures and authority to permit the qualified establishment of occupational diseases
- Condition of material facilities and equipment: There are adequate material facilities and equipment as prescribed in Appendix 6 of this Circular;
- Conditions of Personnel: there is at least 01 doctor that has certified training in occupational health and occupational diseases;
- Dossier requesting for appraisal of occupational diseases examination conditions includes: A written request for appraisal and declaration lists of personnel and equipment of the establishment of examination of occupational diseases according to the form in Appendix 7 of this Circular;
- Procedure for requesting appraisal and issue of a notice of sufficient conditions to examine occupational diseases is defined as follows:
- For the establishment of examination of occupational diseases of the central level: the dossiers requesting appraisal of sufficient conditions to examine occupational diseases are sent to the Ministry of Health [Preventive Medicine Department of Vietnam];
- For the establishment of examination of occupational diseases under medical centers of ministries, branches: the dossiers requesting appraisal of sufficient conditions to examine occupational diseases are sent to medical centers of governing ministries, branches;
- For the establishment of examination of occupational diseases under the provincial or city level: the dossiers requesting appraisal of sufficient conditions to examine occupational diseases are sent to the Departments of Health of provinces and cities;
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- After 30 working days from the date of receiving complete dossiers, the Ministry of Health, Medical centers of Ministries, Branches, Provincial Health Departments must establish the appraisal team and organize the appraisal in the establishment requesting for appraisal;
- After 15 days from the date of appraisal, the appraisal team submits minute of appraisal to the leaders of the Ministry of Health, Medical centers of Ministries, Branches, Provincial Health Departments for review and decision;
- Authority to notify sufficient conditions to examine occupational diseases:
- Ministry of Health issues notice of sufficient conditions to examine occupational diseases for the establishments of examination of occupational diseases under central government specified in the first section, point d of cause 3, Item II of this Circular;
- Medical centers of Ministries, Branches make notice of sufficient conditions to examine occupational diseases to the establishments of examination of occupational diseases under ministries, branches specified in the second section point d, clause 3, Item II of this Circular;
- Provincial Health Department issues notice of the implementation of examination of occupational diseases to the establishments of examination of occupational diseases on its management areas, except for the cases specified in the first and second sections point d, clause 3, section II of this Circular.
III. RECORDS MANAGEMENT AND REPORT REGIME
1. The dossier of occupational disease examination is made in 02 sets by Appendix 4:
- 01 set is managed by the employer; for the employee who was retired, social security agency shall manage this dossier;
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2. Report Regime
- Within 15 days after having the results of the occupational disease examination, the establishment of examination of occupational diseases sends the summary of the examination results to the employer and the Health Department of province, city according to the form specified in Appendix 8 of this Circular;
- Center for Preventive Medicine of provinces and cities directly under the Central Government, Centers for Health of Laborers and Environment of provinces and cities under central authority, Medical Centers of ministries, branches shall report periodically the occupational diseases to the Department of Preventive Medicine of Vietnam - Ministry of Health and the Institutes of preventive medicine system according to the form prescribed in Joint Circular No.08/1998/TTLT-BYT-BLDTBXH.
IV. IMPLEMENTATION RESPONSIBILITIES
1. The employees
- Participate fully in the times of examination of occupational diseases organized by employer;
- Comply with doctor's appointment for examination, treatment, and rehabilitation.
2. The employers
- Is responsible for coordinating with the establishment of examination of occupational diseases to plan, organize the examination of occupational diseases for employees and complete records for the employees to be appraised occupational disease after the conclusion;
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- Manage and monitor the health of the employees;
- Make payment of the costs of occupational disease examination under the provisions of law.
3. The establishment of examination of occupational diseases
- Is responsible for coordinating with the employer to plan and conduct examination of occupational diseases in accordance with provisions;
- Organize the consultation of occupational diseases [if necessary] and take responsibility before the law for the diagnosis results of occupational diseases;
- Join the Council of appraisal of occupational diseases in the localities [when required];
- Is responsible for notifying the plan and occupational disease examination results at the enterprises under the jurisdiction of ministries, branches to such medical centers of ministries, branches and local medical department in the area for coordinating management;
đ] Store, preserve, supplement records of patients of occupational diseases and report according to forms specified in Circular No.13/BYT-TT dated 21/10/1996 the Ministry of Health and Joint Circular No.08/1998/TTLT - BYT - BLDTBXH;
- Organize the study to improve qualification for staffs in the establishments of examination of occupational diseases.
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- Supervise and direct the implementation of the occupational disease examination of their jurisdiction.
- Synthesize, report to the Department of Health and Ministry of Health on the situation of occupational diseases and the list of cases of occupational diseases in the area.
5. The Departments of Health of provinces, cities and Medical Centers of ministries, branches
- Direct and organize the management of prevention and combat of occupational diseases in their localities;
- Coordinate with the Institutes of the system of preventive medicine to appraise and notify results of appraisal of conditions to perform occupational disease examination for the establishments of occupational disease examination as stipulated in point d and the second section, point e, clause 3 of Part II of this Circular.
6. The Institutes belongs to preventive medicine system and the Medical Universities
- Inspect and direct the technical expertise for the establishments of occupational disease examination within their assigned management scope;
- Organize training and issue certification of occupational health and occupational diseases to the medical staffs of the establishments of examination of occupational diseases;
- Participate in the appraisal of the establishments of examination of occupational diseases when required;
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đ] Study and propose to the Ministry of Health for the adding of occupational diseases to the list of occupational diseases to be insured by social insurance.
7. Department of Preventive Medicine of Vietnam
- Direct and organize the management of prevention, combat of occupational diseases in the whole country;
- Coordinate with the Institutes of the system of preventive medicine to appraise and notify results of appraisal of conditions to perform occupational disease examination for the establishments of occupational disease examination as stipulated in the first section, point d and the first section, point e, clause 3 of Part II of this Circular;
- Sum up to submit to the leaders of the Ministry of Health for consideration and decision on the amendment, supplement and new issuance of list of occupational diseases;
- Coordinate with related units to guide the implementation of this Circular.
VI. EFFECT
This Circular takes effect 15 days from the date of its publication in the Official Gazette;
In the process of implementation, if any problems arise, the units should reflect to the Preventive Medicine Department of Vietnam - Ministry of Health for study and the prompt settlement./.