Circular No. 02/2023/TT-BYT amends and supplements certain provisions of Circular No. 15/2016/TT-BYT dated May 15, 2016, of the Ministry of Health regarding occupational diseases entitled to social insurance.

CIRCULAR

Amending and supplementing certain articles of Circular No. 15/2016/TT-BYT dated May 15, 2016 of the Ministry of Health on occupational diseases entitled to social insurance

Pursuant to the Labor Code on November 20, 2019;Pursuant to the Law on Prevention and Control of Infectious Diseases on November 21, 2007;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 88/2020/NĐ-CP dated July 28, 2020 of the Government detailing and guiding the implementation of some provisions of the Labor Safety and Health Law on mandatory work injury and occupational disease insurance;Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

On the proposal of the Director of the Department of Environmental Health Management;Issuing this Circular amending and supplementing certain articles of Circular No. 15/2016/TT-BYT dated May 15, 2016 of the Ministry of Health on occupational diseases entitled to social insurance.Article 1. Amending and supplementing certain articles of Circular No. 15/2016/TT-BYT dated May 15, 2016 of the Ministry of Health on occupational diseases entitled to social insurance

1. Supplement Clause 35 to Article 3 as follows: "35. Occupational COVID-19 disease and diagnostic criteria specified in Appendix 35 attached hereto."OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE STATE BANK OF VIETNAM; 2. Amend Article 3 to become Article 3a.

3. Supplement Appendix 35 Guidelines for diagnosing and assessing occupational COVID-19 disease attached hereto.4. Supplement Appendix 36 Record of Occupational Exposure to SARS-CoV-2 Virus attached hereto.Article 2. This Circular takes effect from April 1, 2023.

THE MINISTER OF HEALTH 1. Persons engaged in occupations or jobs listed in Section 3, Appendix 35 attached hereto who were diagnosed with occupational COVID-19 due to exposure during the period from February 1, 2020 to before the effective date of this Circular shall establish an occupational disease file for examination and assessment and be entitled to occupational disease benefits under current regulations.2. In cases where the referenced documents in this Circular are replaced or amended, the replacement or amended documents shall apply.1. The Head of the Ministry's Office, the Director of the Department of Environmental Health Management, the Director of the Department of Medical Examination and Treatment Management, the Inspector General of the Ministry, the Heads of the Departments and Bureaus under the Ministry of Health, the heads of units, agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, any difficulties or obstacles should be promptly reported to the Ministry of Health (Department of Environmental Health Management) for consideration and resolution.

1. Add Clause 35 to Article 3 of the first part as follows: "35. Occupational COVID-19 disease and diagnostic guidelines prescribed in Appendix 35 issued together with this Circular."

2. Amend Article 3 of the second part to become Article 3a.

3. Add Appendix 35 Diagnostic and appraisal guidelines for occupational COVID-19 disease issued together with this Circular.

4. Add Appendix 36 Record of occupational exposure to the SARS-CoV-2 virus issued together with this Circular.

Article 2. Effective Date

1. This Circular takes effect from April 1, 2023.

2. Persons engaged in occupations or jobs specified in Section 3, Appendix 35 issued together with this Circular who are diagnosed as having contracted COVID-19 due to occupational exposure during the period from February 1, 2020 to before the date this Circular takes effect shall have their occupational disease files established for examination and appraisal and shall be entitled to occupational disease benefits according to current regulations.

3. In cases where the documents cited in this Circular are replaced or amended, they shall be implemented according to the replacement or amended documents.

Article 3. Implementation Organization

1. The Director of the Ministry's Office, the Heads of the Department of Environmental Health Management, the Department of Medical Examination and Treatment, the Inspectorate of the Ministry, the Heads of the Departments under the Ministry of Health, the Heads of units, agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. During the implementation process, any difficulties or obstacles should be promptly reported to the Ministry of Health (Department of Environmental Health Management) for consideration and resolution.