Thông tư liên tịch 08/1998/TTLT-BYT-BLDTBXH

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTATION OF REGULATIONS ON THE OCCUPATIONAL DISEASES

Pursuant to the Labor Code dated June 23, 1994;

Pursuant to Decree No. 06/CP dated January 20, 1995 on guidelines for some Articles on occupational safety and occupational hygiene of the Labor Code;

Pursuant to the Government's Decree No. 12/GOVERNMENT dated January 26, 1995 on promulgation of Social Insurance Charter;

In consideration of opinions of Vietnam General Confederation of Labor in Official Dispatch No. 21/TLĐ dated June 09, 1997, the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs provides guidelines for implementation of regulations on the occupational diseases as follows:

I- DEFINITION OF OCCUPATIONAL DISEASES

Occupational diseases are diseases that occur under the harmful impact of working conditions on employees. Occupational diseases may be delayed or acute. Some occupational diseases are chronic and leave sequelae. Occupational diseases can be prevented

II- SCOPE AND REGULATED ENTITIES  

All organizations and individuals that hire employees (hereinafter referred to as employers) and employees working in state-owned enterprises, enterprises of all economic sectors, enterprises of the armed forces, administrative agencies, foreign organizations, and international organizations located within Vietnam’s territory.

III- PREVENTION OF OCCUPATIONAL DISEASES

1- When formulating annual business plans and/or research, every employer must formulate a plan for prevention of occupational diseases which consists of:

a) Dissemination and provision of training in prevention of occupational diseases.

b) Measurement of work environments likely to cause occupational diseases.

c) Intervention measures to control or eliminate causes of occupational diseases.

d) Health care for sick employees under the impact of the risk factors.

e) Periodic health-check.

f) Early detection of occupational diseases.

g) Treatment, recovery, and rehabilitation for occupational disease patients.

h) Findings and proposed additional researches into occupational diseases.

2- Every year, the employee must provide employees working in the environments that have risk factors with training in:

a) The elements and causes of diseases.

b) Signs of poisoning, acute and chronic occupational diseases.

c) Responses to poisoning, acute and chronic occupational diseases.

d) Preventive measures for individuals and groups of employees.

3- At the workplaces having harmful elements, the employer has the responsibility to:

a) Impose rules and regulations on measures for prevention of occupational diseases that are known among employees.

b) Provide adequate equipment for prevention of occupational diseases for individuals and groups of employees.

4- When employing people working in environments having harmful elements, the employer must retain the employees’ recruitment health check profiles as the basis for examination of occupational diseases.

5- The employer has the responsibility to cover the cost of prevention, screening, treatment of occupational diseases, cost of recovery and rehabilitation, cost travelling during treatment, recovery and rehabilitation of employees having occupational diseases.

IV- SCREENING AND PROVISION OF HEALTH CARE FOR OCCUPATIONAL DISEASE PATIENTS

1- Employers at facilities having risk factors must cooperate with the local facilities specialized in examination of occupational diseases in providing health check for employees. Health checks must be carried out in accordance with the processes imposed by the Ministry of Health.

2- Services of Health of provinces must establish at least one occupational disease clinic in each province. Other Ministries and agencies whose employees are at risk of occupational diseases can establish their own occupational disease clinics if there are existing health care systems. Occupational disease clinics must be registered with the Ministry of Health (Preventive Medicine Department).

3- Occupational disease physicians must be ones that have completed courses in occupational hygiene and occupational diseases and have certificates issued by training institutions. The Ministry of Health shall provide specific regulations on such training institutions.

4- The employer must organize the provision of occupational disease examination for employees. Occupational disease profile consists of:

a) A letter of introduction of the employer;

b) Health profile, including recruitment health check and periodic health check documents;

c) Result of assessment of work environment;

d) Medical records (if any).

5- Any employee having an occupational disease must be isolated from the work environment that causes such disease in order to be monitored, treated, and to recover. If the employee suffers from health deterioration, he/she must undergo health assessment.

6- Occupational disease patients must be provided with treatment, recovery, rehabilitation, and health check every 06 months.

7- The health profile of each occupational disease patient must be made into 02 copies; 01 copy is kept by the employer, the other by the patient.

V- ASSESSMENT OF OCCUPATIONAL DISEASES  

1- Every employee that is found having occupational diseases is entitled to undergo occupational disease assessment.

2- The Occupational Disease Assessment Council has the responsibility to determine the deterioration of health of people having occupational diseases that have sequelae. With regard to the diseases that have not had a cure (silicosis, asbestosis, manganese poisoning, deaf because of noise, and osteoarthritis vibration), the patient must immediately undergo assessment.

3- Documentation and procedures for initial occupational disease assessment

a) Documentation for occupational disease assessment:

- Application form for occupational disease assessment (form 1.a)

- Result of measurements work environment (or a copy authenticated by the provincial preventive medicine center) over the last 12 months. If this result is not sufficient, the previous results shall be included.

- Health profile and documents relevant to the occupational diseases (or certified true copies).

- Work book or ID card.

b) Procedures for occupational disease assessment

- The employer shall complete the documents and introduce the occupational disease patient to a social insurance agency to which employer pays insurance contributions.

- If the documents are satisfactory, the social insurance agency shall introduce the occupational disease patient to the most convenient Occupational Disease Assessment Council (form 1b).

- If the patient does not have insurance, the employer shall complete the documents and introduce the occupational disease patient to the most convenient Occupational Disease Assessment Council.

4- Documentation and procedures for the second occupational disease assessment onwards:

a) Documentation for occupational disease assessment:

- The application for re-assessment.

- The previous assessment record and decision of the Occupational Disease Assessment Council.

- The result of work environment measurements; if the employee has resigned, only the results given while the employee is still working is required.

- Health profile and relevant documents.

- Work book or ID card.

b) Procedures for occupational disease assessment

- If the documents are satisfactory, the social insurance agency shall introduce the occupational disease patient to the most convenient Occupational Disease Assessment Council.

- The social insurance payer, the employer shall complete the documents and introduce the occupational disease patient to the most convenient Occupational Disease Assessment Council.

5- The Occupational Disease Assessment Council specialized in occupational diseases of a province must have at least one physicians specialized in occupational hygiene and occupational diseases of the Preventive Medicine Center. Occupational disease assessment standards shall comply with regulations of the Ministry of Health.

6- If the Occupational Disease Assessment Council of the province is not capable of occupational disease assessment, the patient shall be transferred to the Central Occupational Disease Assessment Council.

7- The assessment result must be written on the assessment record as prescribed by the Ministry of Health (Form 2a, 2b, and 2c).

8- The occupational disease patient is entitled to lodge complaints in accordance with regulations of law on complaints and denunciation if he/she does not concur with the decision given by the Occupational Disease Assessment Council.

VI- BENEFITS FOR OCCUPATIONAL DISEASE PATIENTS

Employees having the occupational diseases on the list issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs, and Vietnam Union Confederation in Circular No. 08-TTLB dated May 19, 1976; Circular No. 29/TT-LB dated December 25, 1991 of the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs, and Vietnam General Confederation of Labor; Decision No. 167/BYT-QĐ dated February 04, 1997 of the Minister of Health and supplementary documents issued afterwards (Appendix 1) are entitled t the following benefits:

1- Employees having occupational diseases shall receive social insurance benefits according to applicable regulations from the issuance date of the decision of Occupational Disease Assessment Council (Appendix 2).

2- According to the conclusion of Occupational Disease Assessment Council, expectation of the patient, and conditions of the establishment, the employer shall assign appropriate works for the employee.

3- Compensation for employees whose working capacity decreases by 81% or over as prescribed in Clause 3 Article 107 of the Labor Code must be provided within 05 days from the issuance of the assessment record by the Occupational Disease Assessment Council.

VII- SUPPLEMENTATION OF OCCUPATIONAL DISEASE LIST

1- An occupational disease will be added to the list after it is discovered and thoroughly studied. The Ministry of Health shall issue lists of additional occupational diseases after reaching a consensus with the Ministry of Labor, War Invalids and Social Affairs and consulting with Vietnam General Confederation of Labor.

2- Provincial governments, ministries, regulatory agencies, and enterprises shall report the signs of occupational diseases of employees under their management to the Ministry of Health for inclusion in the occupational disease research plan.

3- Preventive medicine institutes, preventive medicine centers, and labor health care centers must formulate occupational disease research plans during monitoring of the environment and employees’ health.

4- The funding for research into occupational diseases is provided by state budget and contributed by enterprises.

VIII- REPORTING

1- Every employee having occupational diseases must have a profile (form 3) that is kept for their entire life as prescribed by the Ministry of Health.

2- Employers must compile and submit biannual reports on occupational diseases to Services of Health of provinces before July 10 and January 10 of the next year (form 4a).

3- Services of Health of provinces, Health care Centers of Ministries and regulatory agencies must compile and submit biannual reports on occupational diseases to the Ministry of Health (Preventive Medicine Department) before July 20 and January 20 of the next year (form 4b and 4c).

IX- IMPLEMENTATION

1- Services of Health, Departments of Labor, War Invalids and Social Affairs of provinces are responsible for disseminate and provide guidance on implementation of this Circular.

2- Ministries and regulatory agencies shall supervise and instruct the organizations under their management to provide health care for occupational disease patients.

3- Employers have the responsibility to comply with regulations on prevention, screening, assessment of occupational diseases, treatment and recovery, and management of occupational disease profiles, and to submit reports on schedules. Cost of occupational diseases incurred by employers shall be included in product prices or selling expenses of business entities, and included in regular expenses of public service agencies.

This Circular comes into force after 15 days from the day on which it is signed. Regulations that contravene this Circular are annulled.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Preventive Medicine Department) and the Ministry of Labor, War Invalids and Social Affairs (Work Safety Department) for consideration.