Thông tư 13/2007/TT-BYT

CIRCULAR

GUIDING MEDICAL EXAMINATION

Pursuant to the Government's Decree No. 49/2003/ND-CP of May 15, 2003 prescribing functions, tasks, powers and the organizational structure of The Ministry of Health;

Pursuant to the Labor Code of June 23, 1993 and the amended, supplemented Labor code of April 02, 2002;

Pursuant to the Government's Decree No. 06/CP of January 20, 1995 detailing a number of Articles of the Labor Code regarding labor safety and hygiene and; the Government's Decree No. 110/2002/ND-CP of December 27, 2002 on amending and supplementing a number of Articles of the Government's Decree No. 06/CP of January 20, 1995 detailing a number of Articles of the Labor Code regarding labor safety and environmental hygiene

The Ministry of Health guides the medical examination as follows:

I. SCOPE OF REGULATION AND SUBJECTS OF APPLICATION

1. This Circular guides the medical examination for those who make dossiers to participate in enrollment, recruitment, periodic medical examination and medical examination on demand.

2. Subjects of application

This Circular is applicable to the following collectives, individuals:

a) Establishments using employees (employers), vocational training establishments.

b) Pupils, students or learners applying for enrollment or studying in the national education establishments, vocational training establishments; workers applying for jobs, workers being recruited, employees who are working in the establishments  using employees and those who have demand on medical examination (hereinafter referred to as subjects of medical examination).

c) Public and non-public medical establishments which are eligible for medical examination as prescribed in this Circular may joint in medical examination for those who make dossiers of medical examination for enrollment, recruitment, periodic medical examination and medical examination on demand (hereinafter referred to as medical examination establishments).

3. This Circular is not applicable to outpatient, inpatient diagnoses in medical establishments; not applicable to subjects participating in medical examination for military service recruitment, military enrolment, police officer recruitment, police enrolment, for Vietnamese citizens going to work overseas and foreigners working in Vietnam, medical examination, psychological forensic examination.

II. INTERPRETATION OF TERMS

1. Medical examination for those who make dossiers for enrollment means medical examination for students applying for enrollment into national education establishments, vocational training establishments; individuals applying for driving licenses and individuals applying for working at the establishments using employees.

2. Medical examination for those who make dossiers for recruitment means medical examination for pupils, students and leaners when they are enrolled into national education establishments, vocational training establishments; employees when they are recruited for working at the establishments using employees.

3. Periodic medical examination means medical examination for pupils, students, leaners and workers by time: once a year or once every 6 months for strenuous, poisonous or dangerous occupations, works.

4. Medical examination on demand means medical examination for those who have needs, voluntarily wish for medical examination.

III. CONDITIONS FOR MEDICAL EXAMINATION ESTABLISHMENTS

1. Having specialists in: internal medicine, surgery, obstetrics and gynecology, ophthalmology, otorhinolaryngology, orthodontics; having doctors, technicians working on blood tests, urine test, radiography.

2. Having sufficient professional and technical capability of fundamental tests

- Blood test: Blood formula, blood sugar.

- Urine test: Urinary sugar, urinary protein.

- Heart/lung radiographing

3. Having adequate material facilities and equipment under the “Regulations on fundamental material facilities and equipment for medical examination” prescribed in the Annex No.1 promulgated together with this Circular.

For medical establishments without adequate equipment as prescribed in the Annex No.1, they may cooperate (through associate contracts) with other medical establishments with adequate material facilities and equipment under the Annex 1 to provide medical examination as prescribed in this Circular.

IV. ORGANIZATION OF MEDICAL EXAMINATION

1. General Provisions

a) Pupils and students applying for enrollment into national education establishments, vocational training establishments, individuals applying for driving licenses and individuals applying for jobs at the establishments using employees must be examined their health upon making the dossiers.

b) Pupils, students and leaners who are enrolled into the national education establishments, vocational training establishments, or employees who are recruited for working at the establishments using employees must be examined their health upon recruitment. If the health certificates made during the application for recruitment are still valid, it is not required to examine as being recruited.

c) Pupils and students studying in national educational and vocational training establishments or workers working at the establishments using employees must be made periodic medical examination at least once a year. For strenuous, poisonous and dangerous occupations, works  the recurrence of periodic medical examination must comply with the provisions of such professions and occupations.

d) Medical examination establishments shall base on the reason of medical examination: upon application for enrollment, recruitment, periodic medical examination, medical examination on demand and the current Table of “Health standards of workers, pupils and students” to conduct medical examination.

đ) For professions, occupations with separate health standards, medical examination establishments must implement the provisions of those standards.

e) The medical examination certificates upon application for enrollment, recruitment, medical examination on demand are made under the prescribed form in Annex 2 promulgated together with this Circular. Medical examination certificates must be joint-pages stamped by medical examination establishments, and shall be valid within 12 months as from the date of its signing.

g) Periodic medical examination books are made under the prescribed form in Annex 3 promulgated together with this Circular (A4, 12 sheets) applied to periodic medical examination.

h) The heads of medical examination establishments or individuals authorized by the heads of the health-check establishments shall conclude and sign on the medical examination certificates, periodic medical examination books and shall be responsible for their conclusions.

i) Medical examination fees

- For medical examination for those who make dossiers for enrollment, recruitment, medical examination on demand, its fees shall paid by the subjects of medical examination under the current hospital fees.

- For medical examination for those who make dossiers for enrollment, recruitment, for pupils, students, learners and workers (concentrated medical examination), the employers shall pay fees under the current hospital fees. For single, periodic medical examination, the medical examination fees shall be directly paid by subjects of medical examination and the educational establishments, vocational training establishments and the employers shall pay off the fees for the subjects of medical examination.

k) Medical examination is the professional activity and must be archived, statisticed and reported into the general operation of medical establishments.

2. Procedures for medical examination

a) For medical examination for those who make dossiers for enrollment, recruitment, subjects of medical examination must submit colored photo of 4x6 size (taken within the latest 6 months), the quantity shall depend on the quantity of medical examination certificates requested by subjects of medical examination.

b) Periodic medical examination

- For concentrated medical examination: national education establishments, vocational training establishments, employers are required to present the Health dossiers including: medical examination upon recruitment (for first periodic medical examination), periodic medical examination book, other results of examination and treatment (if any).

- For single medical examination: subjects of medical examination need to present the letter of introduction of the periodic medical examination requesting units.

c) Medical examination on demand: subjects of medical examination need to present ID cards or other identity papers with photos (such as passport, driving license). If ID cards or other identity papers are not available, personal 4x6 colored photos (taken within the latest 6 months) are required to stick on the medical examination certificates.

3. Organization of medical examination

Under 2 forms:

- Concentrated medical examination: agencies, units demanding medical examination upon recruitment, periodic medical examination for the subjects shall contact and sign contracts with medical examination establishments for organizing medical examination for the subjects in the medical examination establishments or in the agencies, units.

- Single medical examination: subjects of medical examination shall directly contact with medical examination establishments to be examined in the medical establishments.

4. The process of medical examination

a) Receiving dossiers and completing administrative procedures

Subjects of medical examination are responsible for providing fully, accurately and truthfully personal information, current health status, personal and familial heath records in the “subject of medical examination’s record” (under the form of medical examination certificate).

b) Examining physical health

Measuring height, weight, average chest size, indicators of BMI, vein, temperature, blood pressure and breath rate.

c) Overall clinical examination by specialities

d) Preclinical examination

- Obligatory preclinical examination:

+ Blood formula, blood sugar.

+ Urine test: general urine examination (sugar, protein, cell).

+ Straight, diagonal heart/lung radiographing. For periodic medical examination, the heart/lung radiographing is conducted upon the request of clinical doctors.

- Other preclinical examination: subjects of medical examination must be taken more preclinical tests upon the request of clinical doctors or of the national education establishments, vocational training establishments, employers or of subjects of medical examination.

đ) For medical examination on demand, the items of clinical and preclinical examination are made upon the request of subjects of medical examination under doctor’s counsel.

e) Clinical doctors must rate heath, sign with full name on the medical examination certificate, period medical examination books and shall be responsible for their conclusion. Individuals who put down on the preclinical results must sign with full name on the medical examination certificates and the periodic medical examination book.

g) Based on the results of clinical and preclinical examination, competent individuals or individuals authorized to sign on the medical examination certificates, periodic medical examination books conclude:

For medical examination for those who make dossiers for enrollment, recruitment: healthy or diseased (specifying the name of the disease); heath rating, whether or not qualified for study and working for profession, occupation (specifying the name of the profession or occupation if possible).

- For medical examination on demand: healthy or diseased (specifying the name of the disease), indication of treatment.

For periodic medical examination: in addition to the conclusions of healthy or diseased (specifying the name of the disease); health rating; whether or not qualified for study and working for profession, occupation (specifying the name of the profession or occupation if possible), it also conduct the indication of treatment, rehabilitation, speciality examination for medical treatment, occupational examination (if any) or request the employers for proper occupational transformation (in case the health standards are not met).

h) Medical examination certificates issued to those who make dossiers for enrollment shall be made into 2 copies or more (depending on the request of subjects of medical examination); medical examination certificates issued to those who make dossiers for recruitment or on demand shall be made into 1 copy and sealed by medical examination establishments. Medical examination establishments shall return the medical examination certificates to subjects of medical examination or national education establishments, vocational training establishments, employers.

Periodic medical examination books shall be returned to subjects of medical examination regarding to single medical examination, or be returned to national education establishments, vocational training establishments and employers regarding to concentrated medical examination.

i) Returning medical examination certificates and periodic medical examination books

- For single medical examination: returned within the working day.

- For concentrated medical examination: returned within 10 working days (or under the contracts between medical examination establishments and national education establishments, vocational training establishments, employers).

k) Liquidating the medical examination contracts with national education establishments, vocational training establishments, employers (if any).

V. ORGANIZING THE IMPLEMENTATION

1. National education establishments, vocational training establishments, employers are responsible for organizing the medical examination upon enrollment, recruitment, and making periodic medical examination for pupils, students and workers as prescribed.

2. Pupils, students and workers are responsible for medical examination upon making dossiers for enrollment, recruitment and periodic medical examination.

3. Heads of public and non-public medical establishments eligible as for medical examination establishments prescribed in section III of this Circular shall issue decisions on organizing medical examination for those who make dossiers for enrollment, recruitment and periodic medical examination and on demand. Such units must concurrently report to the Departments of Health in centrally-affiliated cities and provinces (regarding units directly under the Department, local private medical units); infirmaries of Ministries and branches (regarding units directly under Ministries, branches); The Ministry of Health – The Department of Treatment (regarding ministerial units).

4. The Ministry of Health (the Department of Treatment), Departments of Health in centrally-affiliated cities and provinces, infirmaries of Ministries and branches are responsible for inspecting the implementation of medical examination in medical examination establishments as prescribed.

VI. PROVISIONS OF IMPLEMENTATION

This Circular takes effect after 15 days as from the date of its publication on the Gazette.

Feedbacks on difficulties and obstructions during the course of implementation should be sent to The Ministry of Health (the Department of Treatment) for consideration and resolutions./.