Circular No. 14/2013/TT-BYT guiding health check-ups

CIRCULAR

Guidelines for Health Examination

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

Based on the Labor Code dated June 18, 2012;

Based on the Law on Vietnamese Workers Going to Work Abroad under Contracts dated November 29, 2006;

Based on Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health;

Based on Decree No. 126/2007/NĐ-CP dated August 1, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts;

Based on Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on recruitment and management of foreign workers in Vietnam, and Decree No. 46/2011/NĐ-CP dated June 17, 2011 amending and supplementing certain provisions of Decree No. 34/2008/NĐ-CP dated March 25, 2008 of the Government on recruitment and management of foreign workers in Vietnam;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

Considering the proposal of the Director of the Department of Medical Examination and Treatment and the Head of the Legal Affairs Department;

The Minister of Health issues this Circular guiding health examination.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the dossier, procedures, contents of health examination (HE), classification of health status, and conditions of medical examination and treatment facilities (METF) permitted to conduct HE.

2. This Circular applies to the following entities:

a) Vietnamese people and foreigners residing and working in Vietnam shall undergo HE when recruited, periodic HE, HE before entering universities, colleges, vocational high schools, vocational training schools, and other subjects;

b) HE for Vietnamese workers going to work abroad under contracts.

Article 3. This Circular does not apply to the following cases:

a) Outpatient and inpatient examinations at METFs;

b) Medical forensic examinations, forensic medical examinations, forensic psychiatric examinations;

c) Examinations for issuing disability certificates;

d) Occupational disease examinations;

e) HE when recruiting into armed forces and HE within armed forces.

Article 4. HE can only be conducted at METFs that have been granted a license to operate according to the Law on Medical Examination and Treatment and meet the conditions stipulated in this Circular.

Article 5. For individuals holding a health certificate issued by a competent healthcare facility in a foreign country, such certificate may be used in Vietnam and in the country or territory that issued it if there is a treaty or mutual recognition agreement between them, and the validity period of the certificate does not exceed six months from the date of issuance. The health certificate must be translated into Vietnamese with a certified translation.

Article 2. Use of health standards for health classification

Clause 1. The classification of health status of individuals undergoing HE shall be carried out according to the provisions of Decision No. 1613/BYT-QĐ dated August 15, 1997 of the Minister of Health on issuing health classification standards for recruitment and periodic health examinations for workers (hereinafter referred to as Decision No. 1613/BYT-QĐ).

Clause 2. For cases of HE according to specialized health standards issued or recognized by competent state management agencies in Vietnam, the classification of health status shall be based on the provisions of those specialized health standards.

Clause 3. For cases of HE according to requirements but not fully examining all specialties as prescribed in the Health Certificate form stipulated in this Circular, the METF conducting the HE (hereinafter referred to as the HE facility) shall only examine and conclude on each specialty according to the requirements of the subject undergoing HE and shall not classify health status.

Article 3. Health Examination Costs

1. Organizations and individuals requesting health examinations must pay the health examination costs to the health examination facility at the service price approved by the competent state authority or according to the agreement between the two parties, except for cases exempted or reduced as provided by law.

2. In case the person being examined requests two or more Health Examination Certificates, they must pay additional fees for issuing the Health Examination Certificate as stipulated by law.

3. The collection, payment, management, and utilization of funds from health examination activities shall be carried out in accordance with the provisions of law.

Chapter II

PROCEDURES AND CONTENT OF HEALTH EXAMINATION

Article 4. Health examination files

1. For persons aged 18 (eighteen) years or older, the health examination file consists of a Health Examination Certificate according to the model prescribed in Appendix 1 issued together with this Circular, with a passport-sized photograph measuring 04cm x 06cm affixed, taken against a white background within six months prior to the date of submission of the health examination file.

2. For persons under 18 (eighteen) years old, the health examination file consists of a Health Examination Certificate according to the model prescribed in Appendix 2 issued together with this Circular, with a passport-sized photograph measuring 04cm x 06cm affixed, taken against a white background within six months prior to the date of submission of the health examination file.

3. For persons who have lost civil capacity, lack civil capacity, or have limited civil capacity requesting health examinations but not falling under the regular health examination category, the health examination file includes: a Health Examination Certificate as prescribed in Clause 1 or Clause 2 of this Article and a consent document from their parent or legal guardian.

4. For persons undergoing regular health examinations, the health examination file includes:

a) A Regular Health Examination Booklet according to the model prescribed in Appendix 3 issued together with this Circular;

b) An introduction letter from the organization or entity where the person is working for individual regular health examinations or listed in the regular health examination roster confirmed by the organization or entity where the person is working to carry out regular health examinations as stipulated in the contract.

Article 5. Health Examination Procedures

1. The health examination file is submitted to the health examination facility.

2. After receiving the health examination file, the health examination facility performs the following tasks:

a) Compare the photograph in the health examination file with the person coming for the examination;

b) Stamp over the photograph after completing the comparison as prescribed in Point a of this Clause for cases prescribed in Clauses 1, 2, and 3 of Article 4 of this Circular;

c) Check and compare the identity card or passport of the guardian of the person being examined as prescribed in Clause 3 of Article 4 of this Circular;

d) Guide the health examination process to the person being examined and the guardian of the person being examined (if applicable);

đ) The health examination facility conducts the health examination according to the procedure.

Article 6. Content of Health Examination

1. For health examinations of persons aged 18 (eighteen) years or older but not falling under the regular health examination category: examine according to the content recorded in the Health Examination Certificate prescribed in Appendix 1 issued together with this Circular.

2. For health examinations of persons under 18 (eighteen) years old but not falling under the regular health examination category: examine according to the content recorded in the Health Examination Certificate prescribed in Appendix 2 issued together with this Circular.

3. For regular health examinations: examine according to the content recorded in the Regular Health Examination Booklet prescribed in Appendix 3 issued together with this Circular.

4. For health examinations according to specialized health standards: examine according to the content recorded in the Health Examination Certificate prescribed in the specialized health examination certificate model.

5. For health examinations based on specific requirements: examine according to the content requested by the subject of the health examination.

Article 7. Health Classification

1. The person conducting clinical and paraclinical examinations for health check-ups must clearly record the examination results, classify the health status according to specialty, sign their name, and bear legal responsibility for the examination and its results.

2. Based on the examination results from each specialty, the person assigned by the health check-up facility to conclude the health classification and sign the Health Check Certificate and Periodic Health Check Book (hereinafter referred to as the classifier) shall perform the health classification conclusion as follows:

a) Classify the health status of the person being checked according to Decision No. 1613/BYT-QĐ or classify the health status according to the standards set by the specialized health sector for specialized health checks.

b) Clearly record any diseases or disabilities of the person being checked (if any). In cases where the person being checked has diseases or disabilities, the classifier must advise treatment plans, functional recovery measures, or refer them to specialized clinics for further diagnosis and treatment.

3. After classifying the health status, the classifier must sign, clearly write their full name, and affix the stamp of the health check-up facility onto the Health Check Certificate or Periodic Health Check Book (the stamp used in official transactions of the health check-up facility according to the law on management and use of seals). In cases where the person being checked requests multiple Health Check Certificates, the stamping process will be carried out after duplicating the Health Check Certificate according to Article 8 of this Circular.

Article 8. Issuance of Health Check Certificate

1. One Health Check Certificate is issued to the person being checked. In cases where the person being checked requests multiple Health Check Certificates, the health check-up facility shall proceed as follows:

a) Conduct a copy (photocopy) of the Health Check Certificate that has been signed by the classifier before affixing the stamp. The number of Health Check Certificates copied will be based on the request of the person being checked;

b) After completing the copying process, affix the photograph, affix the stamp across the copy of the Health Check Certificate, and affix the stamp according to Clause 3 of Article 7 of this Circular.

2. Time limit for issuing Health Check Certificate and Periodic Health Check Book:

a) For individual health checks: the health check-up facility shall return the Health Check Certificate and Periodic Health Check Book to the person being checked within twenty-four hours from the end of the health check-up, except in cases requiring additional examinations or tests as requested by the health check-up personnel;

b) For group health checks under contract: the health check-up facility shall return the Health Check Certificate and Periodic Health Check Book to the person being checked according to the agreement recorded in the contract.

3. Validity of the Health Check Certificate and Periodic Health Check Results:

a) The Health Check Certificate is valid for twelve months from the date of signing the health conclusion; for health checks for Vietnamese workers going abroad under contract, the validity of the Health Check Certificate is according to the regulations of the country or region where the Vietnamese worker will work;

b) The validity of the Periodic Health Check Results is governed by the law.

4. In cases where the person being checked tests positive for HIV, the notification of this test result must comply with the laws on prevention and control of HIV/AIDS.

Chapter III

CONDITIONS FOR HEALTH CARE FACILITIES PERMITTED TO CONDUCT HEALTH CHECKS

Article 9. Personnel Conditions

1. The person conducting clinical and paraclinical examinations must have a practice certificate for medical and healthcare activities according to the Medical and Healthcare Law, appropriate to the specialty they are responsible for examining. In cases where paraclinical techniques do not require a practice certificate according to the law, they must have a relevant professional degree suitable for the assigned tasks.

2. The classifier must meet the following conditions:

a) Be a doctor with a practice certificate for medical and healthcare activities and at least fifty-four months of experience in medical and healthcare activities;

b) Be assigned by the authorized person of the health check-up facility to conclude health status, sign the Health Check Certificate, and the Periodic Health Check Book. The assignment must be made in writing and stamped legally by the medical and healthcare facility.

3. For health check-up facilities for foreigners, overseas Vietnamese, and Vietnamese workers going abroad under contract, or studying abroad (hereinafter referred to as foreign-related health check-up facilities), in addition to meeting the provisions of Clauses 1 and 2 of this Article, they must also meet the following conditions:

a) The person conducting clinical examinations and the classifier must be a specialist doctor or hold a Master's degree in medicine or higher;

b) When the person being checked and the health check-up personnel do not share a common language, there must be an interpreter. The interpreter must have a certificate proving their proficiency in interpreting in medical and healthcare activities according to the Medical and Healthcare Law.

Article 10. Conditions regarding material infrastructure and equipment

1. Having clinical and paraclinical examination rooms for each specialty as prescribed by the Ministry of Health, consistent with the content of health check-up services.

2. Having sufficient material infrastructure and essential medical equipment as stipulated in Appendix 4 attached hereto.

Article 11. Conditions and scope of professional activities

1. Conditions for domestic health check-up facilities: Being able to perform professional techniques suitable with the content recorded in the Health Check-Up Certificate as prescribed in Appendices 1, 2, and 3 attached hereto.

2. Conditions for foreign-involvement health check-up facilities, in addition to meeting the provisions of Clause 1 of this Article, must be able to perform the following paraclinical techniques:

a) Blood testing: Blood formula, ABO blood group, Rh blood group, erythrocyte sedimentation rate, hemoglobin ratio, blood urea;

b) Finding malaria parasites in blood;

c) Testing for hepatitis A, B, C, E;

d) Syphilis serology test;

đ) Confirmatory test for HIV infection (HIV positive);

e) Tuberculin skin test;

g) Pregnancy test;

h) Drug testing;

i) Stool test for parasites;

k) Electrocardiogram;

l) Electroencephalogram;

m) Ultrasound;

n) Leprosy diagnostic test.

In cases where foreign-involvement health check-up facilities do not meet the conditions to perform the techniques specified in Points đ and n of Clause 2 of this Article, they must enter into a professional support contract with a healthcare facility that has a license to operate and is permitted to perform those techniques.

3. Scope of professional activities:

a) Healthcare facilities meeting the conditions stipulated in Clause 1, Clause 2 of Article 9, Article 10, and Clause 1 of Article 11 of this Circular may organize health check-ups but shall not organize foreign-involvement health check-ups.

b) Healthcare facilities meeting the conditions stipulated in Clause 3 of Article 9, Article 10, and Clause 2 of Article 11 of this Circular may organize health check-ups including foreign-involvement health check-ups.

Article 12. Documents and procedures for announcing the implementation of health check-ups

1. Documents for announcing the fulfillment of conditions for implementing health check-ups:

a) Announcement of fulfillment of conditions for implementing health check-ups according to the model prescribed in Appendix 5 attached hereto;

b) Certified copy of the Health Examination and Treatment Practice Permit of the facility;

c) List of participants in health check-ups according to the model prescribed in Appendix 6 attached hereto (stamped on each page or stamped across all pages);

d) Catalogue of material infrastructure and medical equipment as stipulated in Appendix 4 attached hereto;

đ) Report on the scope of professional activities of the health check-up facility;

e) Certified copy of the professional support contract for the case stipulated in Clause 3 of Article 11 of this Circular (if applicable).

2. Procedures for announcing the implementation of health check-ups:

Before organizing the first health check-up, the healthcare facility must submit the health check-up announcement documents as prescribed in Clause 1 of this Article to the competent state management agency for health care, specifically as follows:

a) For healthcare facilities under the direct jurisdiction of the Ministry of Health: The documents are submitted to the Department of Medical Examination and Treatment - Ministry of Health;

b) For healthcare facilities under the jurisdiction of the Ministry of National Defense, the documents are submitted to the Military Medical Department - Ministry of National Defense; for healthcare facilities under the jurisdiction of the Ministry of Public Security, the documents are submitted to the Public Security Medical Department - Ministry of Public Security; for healthcare facilities under the jurisdiction of the Ministry of Transport, the documents are submitted to the Transport Medical Department - Ministry of Transport;

c) For healthcare facilities under the jurisdiction of the provincial or municipal Health Departments (hereinafter referred to as Health Departments); healthcare facilities located in provinces or municipalities directly under the Central Government (except for the facilities specified in Point a and Point b of Clause 2 of this Article): The documents are submitted to the Health Department where the healthcare facility is headquartered.

Article 13. Time and Procedure for Processing Applications to Announce Eligibility for Health Examination

1. Within two working days from the date of receipt of the application to announce eligibility for health examination (KSK), the state management agency on health care as stipulated in Clause 2, Article 12 of this Circular (hereinafter referred to as the receiving agency) shall send the health examination center announcing eligibility for KSK (hereinafter referred to as the eligible announcement center) the Application Receipt Form as prescribed in Appendix 7 issued together with this Circular.

2. Within ten working days from the date of receipt of the application, the receiving agency must conduct an assessment of the application.

In case the application is not valid, the receiving agency must issue a notification to the eligible announcement center to complete the application. The notification must specify the documents to be supplemented and the contents to be amended. The eligible announcement center only needs to supplement and amend according to the content of the notification. Upon receiving the notification that the application is not valid, the eligible announcement center must complete and submit the supplementary application to the receiving agency.

Within two working days from the date of receipt of the supplementary application, the receiving agency must send the eligible announcement center the Supplementary Application Receipt Form. If the eligible announcement center has supplemented the application but does not meet the requirements, it must continue to complete the application according to the procedure prescribed in this Clause until the application meets the requirements.

3. Within twenty working days from the date recorded on the Application Receipt Form for valid applications or from the date recorded on the supplementary application receipt section for invalid applications, if the receiving agency does not issue a response, the eligible announcement center for KSK may commence KSK activities within the scope of expertise already announced.

Chapter IV

RESPONSIBILITIES FOR IMPLEMENTATION

Article 14. Responsibilities of Individuals Undergoing Health Examination

1. Provide truthful information about personal history, illnesses, and bear responsibility for the provided information.

2. Adhere to the instructions and directives of the health examiner during the health examination process.

3. Present the Health Examination File as prescribed in Article 4 of this Circular to the health examiner for inspection each time a clinical or near-clinical examination activity is conducted.

Article 15. Responsibilities of Employers, Universities, Colleges, Vocational Schools, and Technical Training Schools

1. Bear responsibility for organizing health examinations for individuals under their jurisdiction as prescribed by law.

2. Manage the periodic Health Examination Record of individuals under their jurisdiction.

Article 16. Responsibilities of Health Examination Centers

1. Bear legal responsibility for the results of health examinations conducted by their own center.

2. Compile the results of health examination activities conducted by their own center into the general report of the center and reports as prescribed for statistics and reporting.

Article 17. Responsibilities of Provincial Health Departments and State Management Agencies on Health Care of Ministries and Sectors

1. Direct and guide health examination activities at health examination centers under their jurisdiction.

2. Inspect and audit the operations of health examination centers as prescribed; suspend or recommend suspension of health examination activities or handle violations within their authority against health examination centers that do not meet the conditions as prescribed in this Circular..

Article 18. Responsibilities of the Department of Medical Examination and Treatment - Ministry of Health

1. Directing and guiding the operation of medical examination and treatment at healthcare facilities throughout the country.

2. Inspecting and supervising the activities of medical examination and treatment facilities in accordance with the law; suspending or recommending suspension of operations or handling violations within its authority for facilities that do not meet the conditions stipulated in this Circular..

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from July 1, 2013.

Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health guiding medical examination and treatment and Joint Circular No. 10/2004/TTLT-BYT-BLDTBXH-BTC dated December 16, 2004 of the Ministry of Health - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance guiding the implementation of health examinations and certification for Vietnamese workers going to work abroad shall cease to be effective from the date this Circular takes effect.

Article 20. Cross-referencing Provisions

Where referenced documents in this Circular are replaced or amended, implementation shall be in accordance with the replacing or amending documents.

Article 21. Transitional Provisions

Healthcare facilities currently conducting medical examination and treatment activities before the date this Circular takes effect may continue such activities until December 31, 2013. Thereafter, if they wish to continue conducting medical examination and treatment activities, they must meet the conditions and follow the procedures and dossier for announcing eligibility for medical examination and treatment as prescribed in this Circular.

During implementation, if there are difficulties or obstacles, individuals and organizations are requested to report to the Ministry of Health (Department of Medical Examination and Treatment) for consideration and resolution./.