JOINT CIRCULAR No. 10/2004/TT-BYT-BLDTBXH-BTC Circular guiding the implementation of health examinations and certification for Vietnamese workers going to work abroad

JOINT CIRCULAR

Joint Circular No. 10/2004/TTLT-BYT-BLDTBXH-BTC dated December 16, 2004 of the Ministry of Health, the Ministry of Labour, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of health examinations and certification for Vietnamese workers going to work abroad

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Pursuant to Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labour Code on Vietnamese workers working abroad (hereinafter referred to as Decree No. 81/2003/NĐ-CP); the Ministry of Health, the Ministry of Labour, Invalids and Social Affairs, and the Ministry of Finance jointly guide the implementation of health examinations and certification for Vietnamese workers going to work abroad as follows:

I. APPLICABLE OBJECTS

This Circular applies to Vietnamese workers, experts, and trainees going to work abroad (hereinafter collectively referred to as workers); hospitals permitted to conduct health examinations and certification for Vietnamese workers going to work abroad (hereinafter referred to as examination hospitals) and labour export enterprises.

II. STANDARDS AND CONDITIONS FOR HOSPITALS CONDUCTING HEALTH EXAMINATIONS AND CERTIFICATION FOR VIETNAMESE WORKERS GOING TO WORK ABROAD

Examination hospitals must meet the standards of general hospitals at level II or higher according to the classification of the Ministry of Health and satisfy the following specific conditions:

1. The hospital must have all clinical specialties as stipulated in the Hospital Regulations (annexed to Decision No. 1895/1997/QĐ-BYT dated September 19, 1997 of the Minister of Health).

2. The hospital must have departments of clinical auxiliary services and radiology capable of performing basic tests:

- Blood test: blood formula, white blood cell formula, ABO blood group, Rh blood group, erythrocyte sedimentation rate, hemoglobin ratio, urea in blood, blood sugar;

- Detection of malaria parasites in blood;

- Hepatitis A, B, C, E testing;

- Syphilis testing, conducted simultaneously with two types of tests:

+ VDRL or RPR test

+ TPHA test

- HIV testing (The HIV laboratory of the hospital must meet the "Standard for Permitted Confirmation Laboratories for HIV Positive Cases" issued together with Decision No. 3052/2000/QĐ-BYT dated August 29, 2000 of the Minister of Health). In cases where the hospital does not have an HIV laboratory, but there is a local healthcare facility with a permitted confirmation laboratory for HIV positive cases, the hospital may collaborate with this facility to jointly perform HIV testing for workers.

- Tuberculin skin test;

- Urine test: urinary glucose, proteinuria;

- Pregnancy test;

- Drug, morphine, amphetamine testing;

- Stool test for parasites;

- Electrocardiogram;

- Electroencephalogram;

- Ultrasound;

- Chest X-ray;

- Diagnosis of leprosy (In cases where the hospital lacks the capability to perform leprosy diagnosis tests, the hospital may collaborate with the Dermatology Center or the Center for Social Disease Prevention of the province to jointly perform leprosy diagnosis tests for workers).

The specialist doctors directly conducting health examinations must be those who have continuously practiced in that specialty for at least five years. Doctors concluding the results of X-ray films must have a qualification of at least a first-level specialty or higher.

3. Clinical auxiliary tests and radiology must be performed using current common methods. If the foreign side requests additional types of tests and techniques, the examination hospital must meet these requirements.

4. The Chairman of the health examination board or the authorized person signing the health certificate must hold a qualification of at least a first-level specialty or a master's degree.

III. FILES, PROCEDURES, AND AUTHORITY TO RECOGNIZE HOSPITALS CONDUCTING HEALTH EXAMINATIONS AND CERTIFICATION FOR VIETNAMESE WORKERS GOING TO WORK ABROAD:

1. Documents:

The application file for recognition as an examination hospital includes:

- A letter from the hospital requesting permission to conduct health examinations and certification for Vietnamese workers going to work abroad. Male - A list of human resources, medical equipment, technical capabilities, and facilities of the hospital, meeting the conditions set out in Section II of this Circular.

a. Hospitals under the Provincial Health Department (hereinafter collectively referred to as the Health Department): The application file for recognition as an examination hospital should be submitted to the Health Department.

2. Procedures:

b. Hospitals under the Ministry of Health, other ministries, and non-public hospitals: The application file for recognition as an examination hospital should be submitted to the Ministry of Health.

c. Within thirty working days from the date of receipt of a complete and valid application file from the hospital requesting recognition as an examination hospital, the Ministry of Health or the Health Department must review and decide on the recognition of the examination hospital. If the hospital does not meet the conditions for recognition, the Ministry of Health or the Health Department must issue a written response stating the reasons.

3. Recognition authority

a. The Ministry of Health reviews and recognizes hospitals under the Ministry of Health, hospitals under other ministries, and non-public hospitals permitted to conduct health examinations and certification for Vietnamese workers going to work abroad. For non-public hospitals (which have not been classified), after receiving the application file, the Ministry of Health will conduct an assessment of the facility according to the standards specified in this Circular.

b. The Health Department reviews and recognizes hospitals under provincial and centrally-administered municipal authorities permitted to conduct health examinations and certification for Vietnamese workers going to work abroad and reports to the Ministry of Health.

IV. ORGANIZATION OF HEALTH EXAMINATIONS AND CERTIFICATION Male a. Only hospitals that meet the standards and conditions recognized by the Ministry of Health or the Health Department are allowed to organize health examinations and certification for Vietnamese workers.

b. The state management agency for labour export shall notify and guide workers and labour export enterprises about health examinations and certification so that workers and enterprises can organize for workers to undergo health examinations and certification at hospitals recognized by the Ministry of Health or the Health Department for health examinations.

1. General principles

a. Only hospitals that meet the standards and conditions recognized by the Ministry of Health and the Department of Health are permitted to organize health examinations and issue health certificates for Vietnamese workers. Male - A list of human resources, medical equipment, technical capabilities, and facilities of the hospital, meeting the conditions set out in Section II of this Circular.

The state management agency for labor export shall notify and guide workers and labor export enterprises on the health examination and issuance of health certificates so that workers and enterprises can organize for workers to undergo health examinations at hospitals recognized by the Ministry of Health and the Department of Health for health check-ups.

c. Health standards: The hospital conducts health examinations based on the health standards issued together with this Circular (Annex 1) to examine and certify the health of workers. In cases where state management agencies for labor export, labor export enterprises, or foreign partners have specific requirements, if these requirements comply with Vietnamese law, the hospital must also meet those requirements in organizing health examinations and certifications for workers.

d. The hospital conducting health examinations shall be responsible for the health conclusions of the workers. If a worker is returned to Vietnam due to incorrect examination and certification results from the hospital, that hospital must compensate the worker for all travel expenses equivalent to one round-trip economy class airfare from the country where the worker was returned to Vietnam. In cases where a worker contracts acute diseases, diseases with a window period, or becomes pregnant after the hospital's health examination and certification, the worker shall bear responsibility themselves.

e. Health examinations and certifications are specialized activities of hospitals that must be recorded and reported as part of the hospital’s general operations.

2. Health Examination and Certification Board

a. The hospital conducting health examinations must establish a Health Examination Board, whose members include:

- Chairman of the Board: the Director or Deputy Director in charge of professional matters at the hospital;

- One or two Vice Chairmen of the Board;

- Several clinical doctors, laboratory technicians, and imaging specialists (as required in Section II of this Circular)

b. Functions and responsibilities of the Board:

- Organizing health examinations and certifications for workers;

- Resolving issues related to health examinations and certifications;

- The Chairman of the Board or the person authorized by the Chairman to sign the health certificate shall be responsible for their conclusion. The health certificate (issued together with this Circular - Annex No. 2) is valid for three months from the date of issuance.

3. Organization of Health Examinations

Health examinations can be conducted centrally through labor export enterprises with the hospital conducting health examinations or individually by workers.

- Centralized health examinations: Labor export enterprises contact and sign contracts with the hospital conducting health examinations to organize health examinations and certifications for workers in accordance with the provisions of this Circular.

- Individual health examinations: Workers directly contact the hospital conducting health examinations to undergo health examinations and certifications in accordance with the provisions of this Circular.

Based on the health examination contract with the labor export enterprise or the request of the worker, the hospital conducting health examinations organizes health examinations, certifications, and charges fees in compliance with regulations without affecting other professional activities of the hospital.

4. Procedures for Organizing Health Examinations and Certifications

4.1. Receiving applications and completing administrative procedures;

4.2. Physical examination: pulse rate, respiration rate, body temperature, blood pressure, height, weight;

4.3. Comprehensive clinical examination across various specialties;

4.4. Performing mandatory tests and additional tests (if required);

a. Mandatory clinical tests and X-rays:

- Blood formula

- ABO blood group

- Blood urea

- Blood glucose

- Syphilis serology test

- HIV test

- Syphilis test: simultaneously perform two tests

+ Venereal Disease Research Laboratory Test (VDRL) (or Rapid Plasma Reagin Test - RPR)

+ TPHA test

- Malaria parasite detection in blood

- Stool test for parasites

- Urinalysis: urinary sugar, proteinuria

- Chest X-ray

b. Additional tests (if required):

- Electrocardiogram

- Electroencephalogram

- White blood cell formula

- Erythrocyte sedimentation rate

- Hematocrit ratio

- Rh blood group

- Hepatitis A, B, C tests

- Tuberculin skin test

- Ten-parameter urine analysis

- Pregnancy diagnosis

- Opiate or drug abuse test

- Amphetamine test

- Leprosy diagnosis test

- Tests for diagnosing other sexually transmitted infections

- Ultrasound

- Other tests.

(Clinical doctors and those concluding near-clinical tests and X-rays must sign and clearly write their names on the health examination form).

4.5. Based on the results of the clinical examination and tests, the Board concludes on the health status of the worker;

4.6. Based on the Board's conclusion on the health status, the Chairman of the Board or the person authorized by the Chairman signs the Health Certificate;

4.7. Deliver the Health Certificate within five working days;

4.8. Settle the health examination contract with the labor export enterprise (if applicable);

4.9. Store the health examination records of workers in accordance with current regulations.

V. FEES FOR HEALTH EXAMINATIONS AND CERTIFICATIONS, MANAGEMENT AND USE OF REVENUE

1. Fee for health examinations and certifications

- The fee for health examinations and certifications is calculated based on the partial hospital fee schedule according to current state regulations, ensuring necessary costs for examinations and certifications including clinical examination costs, near-clinical testing costs, diagnostic imaging costs, and other administrative costs.

- The fee for health examinations and certifications for workers is specified in Annex No. 3 issued together with this Circular. The health examination fee schedule must be publicly displayed at the payment location.

The fee for health examinations and certifications will be adjusted when the state adjusts hospital fee levels.

2. Management and use of health examination and certification fees:

- Workers or labor export enterprises must pay the health examination and certification fees according to the prescribed rates to the hospital conducting health examinations.

- The health examination and certification fee is revenue for the hospital. The collection and expenditure of health examination fees must be accounted for in accordance with current regulations on hospital fee collection.

VI. IMPLEMENTATION

1. The Department of Health reports to the Ministry of Health the list of provincial and municipal hospitals permitted to conduct health examinations and certifications for workers.

2. The Ministry of Health compiles and informs the Ministry of Labor, Invalids, and Social Affairs of the list of hospitals conducting health examinations for workers as stipulated in this Circular.

3. The Ministry of Labor, Invalids, and Social Affairs informs labor export enterprises and workers about the list of hospitals conducting health examinations.

4. Export labor enterprises shall closely cooperate with health examination hospitals to organize convenient and quality health examinations and certifications.

5. The Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance shall be responsible for inspecting the implementation of health examinations and certifications by health examination hospitals for workers and export labor enterprises.

VII. IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette. Provisions in other documents that conflict with this Circular are abolished.

2. During implementation, if there are difficulties or obstacles, they should be reported to the joint ministries of Health, Labor, Invalids and Social Affairs, and Finance for study and resolution.