Thông tư liên tịch 24/2015/TTLT-BYT-BGTVT

JOINT CIRCULAR

REGULATIONS ON HEALTH STANDARDS FOR DRIVERS, REGULAR CHECK-UPS FOR CAR DRIVERS AND MEDICAL FACILITIES DOING CHECK-UPS FOR DRIVER

Pursuant to the Law on Road traffic No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Government’s Decree No. 63/2012/NĐ-CP dated August 31, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;;

At the request of General Director of Medical Services Administration - the Ministry of Health and General Director of Medical Department of Ministry of Transport,

The Minister of Health and the Minister of Transport promulgate Joint Circular regulating health standards for drivers, regular check-ups for car drivers and medical facilities doing checkups for drivers (hereinafter referred to as medical facilities).

Chapter I

GENERAL PROVISIONS

Article 2. Scope and regulated entities

1. This Circular regulates health standards for drivers, regular check-ups for car drivers (hereinafter referred to as check-ups for drivers) and medical facilities.

2. This Circular applies to drivers, employers who employ drivers (hereinafter referred to as employers), medical facilities and relevant agencies, organizations, and individuals;

Article 2. General principles

1. Check-ups for drivers are done in licensed medical facilities according to the Law on Medical examination and treatment and meet provisions as prescribed hereof.

2. Check-ups for drivers must be in compliance with health standards as prescribed in Clause 1, Article 3 hereof.

2. Regular check-ups apply only to professional car drivers according to law on labor.

Chapter II

HEALTH STANDARDS FOR DRIVERS AND CHECK-UPS

Article 3. Health standards for drivers

1. Enclosed herewith is “The table of health standards for drivers” in Appendix 01.

2. The table of health standards for drivers as prescribed in Clause 1 of this Article does not apply to drivers of two-wheeled motorbikes with cylinder volume under 50 cm³.

Article 4. Check-ups for drivers

1. Procedures for check-ups and issuance of health certificates to drivers are prescribed in Articles 5, 8 of the Circular No. 14/2013/TT-BYT dated May 06, 2013 of the Minister of Health providing guidance on check-ups (hereinafter referred to as Circular No. 14/2013/TT-BYT).

2. Templates of health certificate issued to drivers are prescribed in Appendix 02 enclosed herewith.

Article 5. Regular check-ups for professional car drivers

1. Procedures for regular check-ups for professional car drivers are prescribed in Articles 5, 8 of the Circular No. 14/2013/TT-BYT.

2. Templates of check-up records are prescribed in Appendix 03 enclosed herewith.

Chapter III

MEDICAL FACILITIES

Article 6. Personnel, facilities, equipment and areas of expertise

Medical facilities as prescribed must meet the following requirements:

1. Personnel: Requirements as prescribed in Article 9 of Circular No. 14/2013/TT-BYT must be met.

2. Facilities and equipment must meet the list as prescribed in Appendix 04 enclosed herewith.

3. Have appropriate areas of expertise for medical examination and diagnosis of diseases and health conditions according the table of health standards as prescribed in Clause 1, Article 3 hereof;

Medical facilities may sign a contract for technical support with other medical facilities licensed to perform electroencephalography (EEG) in case they do not have EEG equipment.

Article 7. Facilities eligible for doing check-ups for drivers

Facilities eligible for doing check-ups for drivers are the facilities that meet requirements as prescribed in Article 6 hereof and have made public announcement of their eligibility to drivers as prescribed in Circular No. 14/2013/TT-BYT.

Article 8. Duration and order for handling dossiers of making public announcement of medical facilities eligible for doing check-ups for drivers

Duration and order for handling dossiers of making public announcement of medical facilities eligible for doing check-ups for drivers as prescribed in Article 7 hereof are prescribed Article 13 of Circular No. 14/2013/TT-BYT.

Chapter IV

IMPLEMENTATION

Article 9. Responsibilities of health workers and medical facilities for doing check-ups for drivers

1. Health workers

a) Perform duties as assigned by competent persons

b) Check identity before carrying out check-ups;

c) Perform procedures and professional services as instructed to guarantee check-up results are true and accurate and take responsibility to laws for conclusions made;

d) For cases difficult to conclude, medical professional shall make proposals for medical consultation as prescribed;

2. Responsibilities of medical facilities

a) Follow provisions as prescribed hereof and take responsibility to laws for check-up results concluded;

b) Keep medical records of drivers, compile and report check-ups and professional performance of medical facilities according to laws on statistical reports;

Article 10. Responsibilities of drivers

1. Provide adequate and true information about health conditions, medical history of their own and take responsibility to laws for such information when going for check-ups;

2. Follow instructions provided by health workers through the check-up;

3. Proactively go for a check-up again after undergoing treatment for diseases or injuries caused by accidents that may affect driving performance;

4. Comply with requirements for regular or irregular check-ups given by health and transport authorities (Vietnam Road Administration, the Services of Transport of central-affiliated cities and provinces) or employers;

Article 11. Responsibilities of employers

1. Ensure health of drivers meets standards as prescribed hereof;

2. Organize regular check-ups for car drivers according to laws on labor;

3. Implement organization of regular or irregular check-ups as prescribed in Clause 4, Article 10 hereof;

4. Control and follow up health and medical records of drivers as prescribed

Article 12. Responsibility of the Service of Health and health authorities affiliated to ministries, sectors

1. Direct and instruct check-up activities for drivers in medical facilities within management as prescribed in Clause 2, Article 12 of Circular No. 14/2013/TT-BYT.

2. Inspect and investigate check-up activities for drivers performed by medical facilities as prescribed; suspend or propose suspension of medical facilities within competence that fail to meet provisions as prescribed hereof; handle violations committed by medical facilities ;

3. Make public announcement of the list of medical facilities eligible for doing check-ups for drivers within management on the website of the Service of Health or health authorities and make a written report to Medical Services Administration;

Article 13. Responsibilities of Medical Services Administration – Ministry of Health

1. Direct and instruct check-up activities for drivers in medical facilities across the country;

2. Inspect and investigate check-up activities for drivers performed by medical facilities as prescribed; suspend or make proposals for suspension of medical facilities within competence that fail to meet requirements as prescribed hereof; handle violations committed by medical facilities;

Chapter V

IMPLEMENTARY PROVISIONS

Article 14. Expenses for check-ups

1. Agencies, organizations, and individuals requesting check-ups for drivers must pay expenses for medical facilities according to price level approved by competent state administration agencies or negotiated between two units.

2. Drivers who need more than one health certificate shall be charged more for a check-up according to laws.

3. Check-ups for drivers as prescribed in Clause 3, Article 11 hereof shall be paid by agencies that make requests.

Article 15. Effect

1. This Circular takes effect since October 10, 2015;

2. Regulations on health standards for motor vehicle drivers enclosed with the Minister of Health’s Decision No. 4132/QĐ-BYT dated October 04, 2001 shall expire since the effective date of this Circular.

Article 16. Transitional provisions

Medical facilities that are doing medical check-ups for drivers before the effective date of this Circular shall be allowed to continue their services until the end of December 31, 2015. As of January 01, 2015, if these facilities need to continue the services, they must satisfy requirements as prescribed in Article 6 hereof and make written reports to competent health authorities as prescribed in Clause 2, Article 12 of Circular No. 14/2013/TT-BYT on addition of work force, facilities and areas of expertise as prescribed.

Article 17. Terms of reference

Documents as alternatives to, or being supplemented or amended from the documents referred to in this Circular shall take precedence.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health and the Ministry of Transport for consideration and handling./.