Circular No. 12/2006/TT-BYT guiding occupational health examinations

CIRCULAR

Guidelines for Occupational Health Examinations

Based on the Labor Code dated June 23, 1994 and the amended and supplemented Labor Code dated April 2, 2002;

Based on the Law on People's Health Protection dated July 11, 1989;

Based on Decree No. 06/CP dated January 20, 1995 and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government regarding amendments and supplements to certain articles of Decree No. 06/CP of the Government detailing some provisions of the Labor Code on occupational safety and hygiene;

Based on Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

The Ministry of Health issues guidelines for occupational health examinations for workers as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These guidelines specify the procedures and contents of occupational health examinations for workers including: documentation, examination procedures, and examination contents; responsibilities of employers, employees, and occupational health examination facilities.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These guidelines apply to enterprises, agencies, organizations, or individuals employing labor (hereinafter referred to as employers); employees, including retired employees, and healthcare facilities with the function of conducting occupational health examinations.

In this technical regulation, the following terms are understood as follows:

a) Occupational disease causative agents are harmful factors arising during production activities that adversely affect the health of workers;

b) Occupational diseases are illnesses arising from harmful working conditions of occupations affecting workers.

4. Principles of Occupational Health Examinations

a) Occupational disease diagnosis must be based on results of workplace environmental monitoring, occupational exposure factors, and periodic health check results of the workplace conducted by occupational health examination units under provincial Preventive Health Centers; provincial Occupational Health and Environment Centers; Ministry and sectoral health centers; institutes; central and provincial hospitals with occupational disease departments. Occupational health examination facilities may use the seal of their managing unit to confirm and conduct transactions related to health and occupational diseases;

b) Occupational health examination facilities not falling within the scope defined in point a, Clause 4, Section I of this Circular shall only be permitted to conduct occupational health examinations for workers after being assessed and notified as meeting the conditions for occupational health examinations by the Ministry of Health or Sectoral Health Departments or Provincial Health Departments (hereinafter referred to as Provincial Health Departments);

c) Occupational health examinations can be organized at occupational health examination facilities or at workplaces.

II. OCCUPATIONAL HEALTH EXAMINATIONS

1. Procedures and Contents of Occupational Health Examinations

a) Prior to conducting occupational health examinations, employers must prepare and submit to the occupational health examination facility the following documents:

- An introduction letter from the employer;

- Health records of the employee including recruitment health examination records and periodic health examination records;

- The latest workplace environmental monitoring results (no more than 24 months from the date of measurement) according to Model No. 1 stipulated in Circular No. 13/BYT-TT dated October 21, 1996 of the Ministry of Health on labor hygiene management and occupational health management (hereinafter referred to as Circular No. 13/BYT-TT); for occupational diseases caused by microorganisms, in addition to workplace environmental monitoring results, there must be an assessment of occupational exposure to microorganisms as prescribed in Appendix 1 of this Circular;

- Individual occupational disease records according to Form 4a of Joint Circular No. 08/1998/TTLT-BYT-BLĐTBXH dated April 20, 1998 of the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs on guiding the implementation of regulations on occupational diseases (if available) (hereinafter referred to as Joint Circular No. 08/1998/TTLT-BYT-BLĐTBXH);

b) In cases where employees have stopped working or retired, the social insurance agency directly managing the social insurance of the employee shall be responsible for preparing the documents specified in point a, Clause 1, Part II of this Circular;

c) After receiving all required documents as stipulated in point a, Clause 1, Part II of this Circular, the occupational health examination facility shall notify the employer or employee of the time for the initial and periodic occupational health examinations according to the contents prescribed in Appendices 2 and 3 of this Circular;

For acute occupational disease cases, employees who need immediate medical care and treatment do not need to follow the timeframes set out in Appendices 2 and 3 of this Circular;

d) The occupational health examination facility must establish an occupational health examination record immediately after the examination according to the model prescribed in Appendix 4 of this Circular.

2. Provisions on Consultation

a) Consultation shall be conducted for cases diagnosing pneumoconiosis, bronchitis, occupational vibration diseases, and other cases exceeding the expertise of the occupational health physician. The consultation period shall not exceed 15 working days from the date of the occupational health examination.

b) The head of the occupational health examination facility decides on the establishment of a consultation board for occupational diseases, with a minimum composition including:

- Chairman of the Board: Representative of the leadership of the occupational health examination facility;

- One specialist doctor in occupational diseases;

- One specialist doctor related to the occupational disease requiring consultation;

- Secretary of the Board: Appointed by the Chairman of the Board.

If necessary, the Chairman of the Board may decide to seek expert opinions in the field requiring consultation;

c) The consultation results shall be completed and recorded in the Consultation Record for Occupational Diseases according to the model prescribed in Appendix 5 of this Circular;

d) In cases of suspected diagnosis, the occupational health examination facility shall complete the consultation record and occupational health examination record and transfer them to the higher level for final confirmation.

3. Conditions, Documentation, Procedures, and Authority for Permitting Facilities to Conduct Occupational Health Examinations

a) Physical infrastructure and equipment conditions: Must meet the requirements stipulated in Appendix 6 of this Circular;

b) Human resources conditions: Must have at least one doctor certified in occupational health and occupational diseases;

c) The dossier for requesting the examination of occupational health check conditions includes: A request letter for examination and a list of personnel and equipment inventory of the occupational health check facility according to the model at Appendix 7 of this Circular;

d) The procedure for requesting examination and issuing a notification of meeting the conditions for conducting occupational health checks is regulated as follows:

- For occupational health check facilities under the central level: The dossier for requesting examination of occupational health check conditions shall be sent to the Ministry of Health (Vietnam Preventive Medicine Department);

- For occupational health check facilities under the ministries and sectors: The dossier for requesting examination of occupational health check conditions shall be sent to the health department of the respective ministry or sector;

- For occupational health check facilities under the provincial level: The dossier for requesting examination of occupational health check conditions shall be sent to the Provincial Health Department;

đ) The procedure for examining the request for examination and issuing a notification of meeting the conditions for conducting occupational health checks:

- Within 30 working days from the date of receiving all the dossiers, the Ministry of Health, the health departments of ministries and sectors, and the Provincial Health Departments must establish an examination team and organize the examination at the requesting facility;

- Within 15 working days from the date of examination, the examination team must submit the examination record to the leadership of the Ministry of Health, the health departments of ministries and sectors, and the Provincial Health Departments for consideration and decision;

e) Authority to issue notifications of meeting the conditions for conducting occupational health checks:

- The Ministry of Health issues notifications of meeting the conditions for conducting occupational health checks for occupational health check facilities directly under the Central level as stipulated in the first item of point d, Clause 3, Section II of this Circular;

- The health departments of ministries and sectors issue notifications of meeting the conditions for conducting occupational health checks for occupational health check facilities under their respective ministries and sectors as stipulated in the second item of point d, Clause 3, Section II of this Circular;

- The Provincial Health Departments issue notifications of meeting the conditions for conducting occupational health checks for occupational health check facilities within their management areas, except for cases stipulated in the first and second items of point d, Clause 3, Section II of this Circular.

III. MANAGEMENT OF RECORDS AND REPORTING REGIMES

1. Occupational health check records are established in two sets according to Appendix 4:

a) One set is managed by the employer; For retired workers, the social insurance agency manages this record;

b) One set is kept at the occupational health check facility.

The training institution is responsible for submitting reports on the results of each course to the Construction Department of the locality where its headquarters is located and where the training takes place for monitoring and management (according to the model in Appendix 11 of this Circular);

a) Within 15 days after the completion of the occupational health check, the occupational health check facility sends the summary of the results to the employer and the Provincial Health Department according to the model prescribed in Appendix 8 of this Circular;

b) The Centers for Preventive Medicine of provinces and centrally-administered cities, Centers for Occupational Health and Environment of provinces and centrally-administered cities, and Centers for Health of ministries and sectors report periodically on occupational diseases to the Vietnam Preventive Medicine Department - Ministry of Health and Institutes under the preventive medicine system according to the form prescribed in Joint Circular No. 08/1998/TTLT-BYT-BLDTBXH.

IV. RESPONSIBILITIES FOR IMPLEMENTATION

1. Employees

a) Shall participate fully in all occupational health check sessions organized by the employer;

b) Follow the instructions of the doctor regarding examination, treatment, and functional recovery.

2. Employer

a) Shall cooperate with the occupational health check facility to develop plans and organize occupational health checks for workers and complete the records so that workers can undergo occupational disease assessment after the conclusion;

b) In case workers request to go for self-examination, the employer shall complete the record according to point a, Clause 1, Section II of this Circular and facilitate the worker's examination;

c) Manage and monitor the health of workers;

d) Pay the costs of occupational health checks in accordance with the provisions of the law.

3. Occupational health check facilities

a) Shall cooperate with employers to develop plans and conduct occupational health checks in accordance with regulations;

b) Organize consultations on occupational diseases (if necessary) and bear legal responsibility for the diagnosis of occupational diseases;

c) Participate in local occupational disease appraisal boards (when required);

d) Shall inform the plan and results of occupational health checks at enterprises under the management of ministries and sectors to the health departments of those ministries and sectors and local health departments for coordinated management;

đ) Store, preserve, supplement the records of workers suffering from occupational diseases and report according to the form prescribed in Circular No. 13/BYT-TT dated October 21, 1996 of the Ministry of Health and Joint Circular No. 08/1998/TTLT-BYT-BLDTBXH;

e) Organize training to improve the qualifications of staff at occupational health check facilities.

4. Centers for Preventive Medicine of provinces and centrally-administered cities, Centers for Occupational Health and Environment of provinces and centrally-administered cities, and Centers for Health of ministries and sectors

a) Supervise and direct the implementation of occupational health checks by occupational health check facilities under their jurisdiction;

b) Summarize and report to the Provincial Health Department and the Ministry of Health on the situation of occupational diseases and the list of cases of occupational diseases in their respective areas.

5. Provincial Health Departments and health departments of ministries and sectors

a) Direct and organize the management of occupational disease prevention and control work in their respective localities;

b) Coordinate with Institutes under the preventive medicine system to examine and notify the results of examinations of the conditions for conducting occupational health checks for occupational health check facilities as stipulated in the second item of point d and the second item of point e, Clause 3, Part II of this Circular.

6. Institutes under the preventive medicine system and medical universities

a) Inspect and direct on professional technical matters for occupational health check facilities within their assigned management scope;

b) Organize training and certification on occupational health and occupational diseases for healthcare staff of occupational health check facilities;

c) Participate in the examination of occupational health check facilities when requested;

d) Develop training programs on occupational health and occupational diseases;

đ) Conduct research and propose to the Ministry of Health to include additional occupational diseases in the list of occupational diseases covered by social insurance.

7. Vietnam Preventive Medicine Department

a) Direct and organize the management of occupational disease prevention and control work nationwide;

b) Cooperate with preventive healthcare institutes to review and announce the results of the review on the conditions for conducting occupational health examinations at occupational health examination facilities in accordance with paragraph 1 of point d and paragraph 1 of point e of Clause 3, Part II of this Circular;

c) Summarize and submit to the leadership of the Ministry of Health for consideration and decision regarding amendments, supplements, and issuance of new lists of occupational diseases;

d) Coordinate with relevant units to guide the implementation of this Circular.

VI. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette;

During the implementation period, if there are any difficulties, units are requested to report to the Preventive Medicine Department of the Ministry of Health for timely research and resolution./.