Tiếng Việt
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Annually, the employees are entitled to some kind of health check to see if they are qualified for the working environment or has their ability to work has been reduced and are unable to keep up with the working conditions. There are many types of health checks but the most prominent and important is the examination and detection of occupational diseases in Vietnam as this has a direct impact on the health and life of an employee. So, what are the regulations on the organization of examination and detection of occupational diseases in Vietnam?
Article 6 of Circular 28/2016/TT-BYT stipulates that subjects eligible for occupational disease examination and detection include:
- Employees exposed to harmful factors that are likely to get occupational diseases.
- Employees do heavy, hazardous, dangerous, and especially heavy, hazardous and dangerous occupations and jobs, including apprentices, trainees, and retired employees.
- Other employees that change to occupations or jobs with risks of occupational diseases.
For the frequency to have an examination and detection of occupational diseases in Vietnam, article 7 of Circular 28/2016/TT-BYT has stipulated clearly that the frequency of occupational disease examination and detection for employees is prescribed as follows:
- The frequency for examination and detection of occupational diseases for employees is at least once a year for normal circumstances and for special cases, it’s at least once every 6 months as prescribed in Clause 1, Article 21 of the Law on Occupational Safety and Health.
- For suspected cases of acute occupational disease or at the request of the employer or employee, the time for examination and detection of occupational diseases shall be at the request of the requesting organization or individual.
Thus, employees will be examined for occupational diseases at least once a year for all cases.
Regarding the costs for such examination and detection of occupational diseases, according to Clause 6, Article 21 of the Law on Occupational Safety and Health, employers are obliged to pay for the costs of organizing the examination and detection of occupational diseases for employees.
These expenses will be accounted into deductibles to reduce corporate income taxable income.
Accordingly, employees will receive an in-depth medical examination to promptly detect occupational diseases at no cost.
Penalties for the failure to comply with the organization of examination and detection of occupational diseases in Vietnam
According to the law, it is the employer’s obligation to organize periodical examination and detection of occupational diseases. If not, the employer will be sanctioned for administrative violations in the field of labor.
Specifically, Clause 2, Article 22 of Decree 12/2022/ND-CP stipulates that a fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for each violation against each employee, but not exceeding VND 75,000,000 for the employer who fails to organize periodical medical examination or detection of occupational diseases for employees.
Accordingly, if the employer is subject to examination and detection of occupational diseases but does not organize the examination for the employee, the employer being an individual will be fined from VND 1,000,000 to VND 3,000,000 per employee but not exceeding VND 75,000,000.
Meanwhile, an employer who is an organization will be fined from VND 2,000,000 to VND 6,000,000 per employee but not exceeding VND 150,000,000.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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