Joint Circular No. 08/1998/TTLT-BYT-BLDTBXH of the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of regulations on occupational diseases.

JOINT CIRCULAR

Joint Circular No. 08/1998/TTLT-BYT-BLDTBXH dated April 20, 1998 of the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of regulations on occupational diseases

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WHEREAS the Labor Code dated June 23, 1994;

WHEREAS Decree No. 06/CP dated January 20, 1995 detailing certain provisions of the Labor Code on occupational safety and health;

WHEREAS Decree No. 12/CP of the Government dated January 26, 1995 promulgating the Social Insurance Regulations;

After receiving the opinion of the Vietnam General Confederation of Labor at Document No. 21/TLĐ dated June 9, 1997, the Joint Ministries of Health and Labor, Invalids and Social Affairs guide the implementation of regulations on occupational diseases as follows:

I. CONCEPT OF OCCUPATIONAL DISEASES

Occupational disease is a disease arising from harmful working conditions of the occupation affecting workers. The disease occurs gradually or acutely. Some occupational diseases cannot be cured and leave residual effects. Occupational diseases can be prevented.

II. SUBJECTS AND SCOPE OF APPLICATION

All organizations and individuals employing labor and workers engaged in state-owned enterprises, enterprises of all economic sectors, enterprises under the armed forces, administrative and service agencies, agencies and organizations of foreign countries, international organizations operating within the territory of Vietnam.

III. PREVENTION OF OCCUPATIONAL DISEASES

1. Annually, when developing production, business, research plans, employers must establish a plan for preventing occupational diseases including:

a) Propaganda and training on prevention of occupational diseases.

b) Measurement and inspection of the work environment with risk factors causing occupational diseases.

c) Interventions to control or eliminate causes of occupational diseases.

d) Care for health when workers fall ill due to occupational risk factors.

e) Regular occupational health examinations.

f) Early detection of occupational diseases.

g) Treatment, convalescence, and functional recovery for those suffering from occupational diseases.

h) Identification and proposal for additional research on occupational diseases.

2. Annually, employers have the responsibility to organize training for workers exposed to risk factors causing occupational diseases on:

a) Factors causing diseases and their causes.

b) Symptoms of acute and chronic occupational poisoning and occupational diseases.

c) Methods of handling acute and chronic occupational poisoning and occupational diseases.

d) Preventive measures for individuals and groups.

3. At workplaces with hazardous factors, employers have the responsibility:

a) To have internal regulations specifying safety measures to prevent occupational diseases so that all workers know and comply with them.

b) To provide sufficient means to prevent occupational diseases for individuals and groups.

4. When recruiting workers to work in environments with hazardous factors, employers need to retain the medical examination records of workers for use as a basis for occupational disease examinations.

5. Employers have the responsibility to cover costs for prevention, early detection, treatment, convalescence, and functional recovery, as well as travel expenses during medical examinations and treatments for workers suffering from occupational diseases.

IV. EARLY DETECTION AND CARE FOR THOSE WITH OCCUPATIONAL DISEASES

1. Employers in facilities with risk factors causing occupational diseases must cooperate with local or sectoral occupational disease examination facilities to conduct occupational disease examinations for workers. The implementation of occupational disease examinations must comply with the technical procedures specified by the Ministry of Health.

2. Provincial and municipal health departments must organize at least one occupational disease examination facility. Ministries and sectors with many workers at risk of occupational diseases and with existing healthcare systems may also organize occupational disease examination facilities. These facilities must register with the Ministry of Health (Preventive Medicine Department).

3. Occupational disease physicians must be doctors who have studied programs on occupational hygiene and occupational diseases and must hold certificates issued by training institutions. The Ministry of Health specifies these training institutions.

4. Employers must be responsible for organizing occupational disease examinations for workers. The occupational disease examination file includes:

a) An introduction letter from the employer.

b) Health records including pre-employment and regular health check-ups.

c) Results of environmental health assessments.

d) Medical records and treatment results (if any).

5. Workers diagnosed with occupational diseases must be isolated from the work environment causing the disease for observation, treatment, convalescence, functional recovery, and completion of the file. If there is a decline in health due to occupational diseases, they must undergo a health assessment.

6. Those with occupational diseases must be treated according to specialized fields, provided with convalescence, functional recovery, and health checks every six months.

7. The files of those with occupational diseases must have two copies, one managed by the employer and one managed by the worker, both having equal validity.

V. ASSESSMENT OF OCCUPATIONAL DISEASES

1. Workers who have been diagnosed with occupational diseases have the right to undergo an occupational disease assessment.

2. Medical Assessment Councils at various levels are responsible for determining the degree of reduction in work capacity for those with occupational diseases leaving residual effects on health. For diseases that cannot be cured (silicosis, asbestos lung disease, manganese poisoning, deafness due to noise, and bone joint vibration disease), when discovered, the affected person must immediately go through the assessment procedure.

3. File and procedures for the first occupational disease assessment.

a) The occupational disease assessment file includes:

- The patient's application for assessment (form number 1a)

- Environmental health measurement results (or certified true copies by provincial or central city preventive health centers) of the workplace where the worker has worked in the last 12 months. If this result is insufficient, previous measurement results should be attached.

- Health records and related documents on occupational diseases (or certified true copies).

- Employment record or national identity card.

b) Procedures for occupational disease assessment:

- The employer shall be responsible for completing the file and introducing the worker suffering from occupational disease to the Social Insurance agency where the employer pays social insurance contributions.

- The Social Insurance agency shall recheck the file; if it is complete, the agency must introduce the worker suffering from occupational disease to the nearest Medical Appraisal Board for appraisal (Form No. 1b).

- For those who have not participated in paying insurance contributions, the employer shall be responsible for completing the file and introducing the worker suffering from occupational disease to the nearest Medical Appraisal Board for appraisal.

4- Files and procedures for the second and subsequent appraisals of occupational diseases:

a) The occupational disease assessment file includes:

- Application for reappraisal.

- Minutes of the previous appraisal and decision of the Medical Appraisal Board.

- Environmental health measurement results; if the worker has retired, only the environmental health measurement results during employment are required.

- Health records and related documents.

- Employment record or national identity card.

b) Procedures for occupational disease assessment:

- After receiving the application from the worker suffering from occupational disease, the Social Insurance agency shall recheck the file; if it is complete, the agency shall be responsible for introducing the worker to the nearest Medical Appraisal Board for appraisal.

- For those who have paid social insurance contributions, the employer shall complete the file and introduce the worker suffering from occupational disease to the nearest Medical Appraisal Board for appraisal.

5- Composition of the Provincial/Municipal Occupational Disease Medical Appraisal Board must include at least one specialist doctor in occupational hygiene and occupational diseases from the Preventive Health Center as a member. The criteria for occupational disease appraisal shall comply with the procedures prescribed by the Ministry of Health.

6- In cases where the Provincial/Municipal Occupational Disease Medical Appraisal Board does not meet the conditions for appraisal, the case shall be referred to the Central Occupational Disease Medical Appraisal Board.

7- The results of the appraisal must be recorded in the medical appraisal minutes according to the regulations of the Ministry of Health (Forms No. 2a, 2b, 2c).

8- Workers suffering from occupational diseases have the right to lodge complaints in accordance with the laws on complaints and denunciations if they are dissatisfied with the decisions of the Medical Appraisal Board.

VI- REGIME FOR WORKERS SUFFERING FROM OCCUPATIONAL DISEASES

Workers suffering from occupational diseases listed in the occupational disease catalogues issued by the Joint Circulars 08-TTLB dated May 19, 1976 of the Ministry of Health - Ministry of Labor, Invalids and Social Affairs and Vietnam General Confederation of Trade Unions; Joint Circular 29/TT-LB dated December 25, 1991 of the Ministry of Health - Ministry of Labor, Invalids and Social Affairs and Vietnam General Confederation of Trade Unions; Decision No. 167/BYT-QD dated February 4, 1997 of the Minister of Health and other supplementary documents (Annex No. 1) shall enjoy the following regimes:

1- Workers suffering from occupational diseases shall be entitled to social insurance benefits for occupational diseases according to current regulations and shall be calculated from the date of the decision of the Medical Appraisal Board (Annex No. 2).

2- Employers shall base their job assignments on the conclusions of the Medical Appraisal Board, the wishes of the patient, and the actual situation of the workplace to suit the health condition as concluded by the Medical Appraisal Board.

3- Compensation for workers with reduced work capacity of 81% or more as stipulated in Clause 3, Article 107 of the Labor Code must be implemented within five days from the date of the Medical Appraisal Board's minutes.

VII- SUPPLEMENTATION TO THE OCCUPATIONAL DISEASE CATALOGUE

1- New occupational diseases shall be supplemented when fully discovered and studied, the Ministry of Health shall issue a supplementary occupational disease catalogue after consultation with the Ministry of Labor, Invalids and Social Affairs and with the participation of the Vietnam General Confederation of Trade Unions.

2- Provinces, cities, ministries, sectors, enterprises that observe signs of occupational diseases among workers under their management shall report to the Ministry of Health for inclusion in the research plan for occupational diseases.

3- Institutes under the Preventive Medicine System, Preventive Health Centers, and Industry Health Centers shall proactively develop plans to study occupational diseases during the monitoring of the working environment and health of workers.

4- Costs for researching occupational diseases shall be taken from the budget for public services and contributions from enterprises.

VIII- REPORTING REGIME

1- Workers suffering from occupational diseases must have files in accordance with the regulations of the Ministry of Health and retain them throughout their lives (Form No. 3).

2- Employers must compile reports on occupational diseases and submit them to the Health Departments of provinces and cities before July 10 for the first six months' report and before January 10 of the following year for the annual report (Form No. 4a).

3- Health Departments of provinces and cities directly under the central government, industry health centers of ministries and sectors shall compile comprehensive reports on occupational diseases in their province or sector before July 20 for the first six months' report and before January 20 of the following year for the annual report (Forms No. 4b, 4c) to the Ministry of Health (Preventive Health Department).

IX- IMPLEMENTATION

1- Health Departments and Labor, Invalids and Social Affairs Departments of provinces and cities directly under the central government shall be responsible for disseminating and guiding the implementation of this Circular to relevant entities.

2- Ministries and sectors shall urge and guide entities under their management to implement care for the health of those suffering from occupational diseases.

3- Employers shall be responsible for strictly implementing regulations on preventive organization, detection, appraisal, treatment, convalescence, strict management of individual occupational disease files, and full and accurate reporting. Costs related to occupational diseases of employers shall be included in product costs or circulation fees for enterprises and production and business establishments and in regular expenses for administrative and service agencies.

This Circular shall take effect fifteen days from the date of signature. All provisions contrary to this Circular shall be abolished.

During implementation, if any issues arise, units are requested to report them to the Ministry of Health (Preventive Medicine Department) and the Ministry of Labor, Invalids and Social Affairs (Labor Protection Department) for study and resolution.