Circular No. 22/2017/TT-BYT stipulates the health standards for seafarers working on Vietnamese ships and announces health examination facilities for seafarers.

CIRCULAR

REGULATIONS ON HEALTH STANDARDS FOR SEAFARERS WORKING ON VIETNAMESE SHIPS AND ANNOUNCEMENT OF HEALTH EXAMINATION FACILITIES FOR SEAFARERS

ON BOARD VIETNAMESE SHIPS AND ANNOUNCEMENT OF HEALTH FACILITIES

MEDICAL EXAMINATION FOR CREWMEN

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Pursuant to the Vietnam Maritime Code No.No. Pursuant to Resolution No. 95/2015/QH13 dated November 25, 2015;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;ustipulates the functions, tasks, powers, and organizational structure of the Ministry of Health;

Considering the proposal of the Director of the General Department of Health ManagementJune 2024;The Minister of Health issues this Circular guiding the establishment of economic and technical standards for medical examination and treatment services under the management of the Ministry of Health.

The Minister of Health promulgates this Circular stipulating health standards for seafarers working on Vietnamese ships and announcing health examination facilities for seafarers.No. HEALTH STANDARDS FOR SEAFARERS, PROCEDURES, CONTENTS, AND RECORDS FOR HEALTH EXAMINATIONS OF SEAFARERS

PART I

HEALTH STANDARDS FOR CREWMEN, PROCEDURES,

CONTENT AND FILES FOR THE MEDICAL EXAMINATION OF CREWMEN

Article 1. Health Standards for Seafarers Working on Vietnamese Ships

1. National Technical Regulation on Railway Traffic Signals, number QCVN 21:2025/BXD.

1. The Table of Health Standards for Seafarers Working on Vietnamese Ships (hereinafter referred to as seafarers) at Appendix I.

2. The List of Diseases and Disabilities Not Meeting the Conditions for Working on Vietnamese Ships at Appendix II.

Article 2. Procedures, Contents, and Records for Health Examinations and Periodic Health Examinations for Seafarers

2. The procedures for HCE and periodic HCE for seafarers shall be carried out in accordance with the provisions of Article 5 of Circular No. 14/2013/TT-BYT dated May 6, 2013 of the Minister of Health on guiding health examinations (hereinafter referred to as Circular No. 14/2013/TT-BYT).

3. Contents of HCE for seafarers:

a) The HCE for seafarers must be conducted according to the Table of Health Standards for Seafarers Working on Vietnamese Ships prescribed in Appendix I of this Circular and the List of Diseases and Disabilities Not Meeting the Conditions for Working on Vietnamese Ships prescribed in Appendix II of this Circular.

b) The periodic HCE for seafarers must follow the contents recorded in the periodic health examination book of seafarers according to the model prescribed in Appendix III issued together with this Circular.

c) The health examination facility for seafarers shall establish a health examination record for seafarers according to the model prescribed in Appendix IV issued together with this Circular and retain it at the facility.

4. Issuance of Health Certificate for Seafarers:

a) In cases where seafarers meet the health standards prescribed in Appendix I of this Circular, the health examination facility shall issue a Health Certificate for Seafarers according to the model prescribed in Appendix V issued together with this Circular. The Health Certificate for Seafarers is valid for a period of 18 months from the date of issuance.

b) In cases where seafarers meet the health standards prescribed in Appendix I of this Circular but suffer from one or more diseases or disabilities listed in Appendix II of this Circular, and the ship owner sends a letter to the health examination facility for seafarers requesting issuance of a Health Certificate and the seafarer has a voluntary agreement to work on ships according to the model prescribed in Appendix VI issued together with this Circular, the head of the health examination facility may issue a Health Certificate for Seafarers according to the model prescribed in Appendix V issued together with this Circular. The Health Certificate for Seafarers is valid for a period of 12 months from the date of issuance.

c) The Health Certificate for Seafarers shall be made in three (3) copies: one (1) copy sent to the seafarer to keep in the ship's file, one (1) copy kept in the personal file of the seafarer stored by the seafarer management agency, and one (1) copy kept at the health examination facility for seafarers.

5. The return of health examination records, health certificates, and periodic health examination books for seafarers shall be carried out in accordance with the provisions of Clause 1, Clause 2, and Clause 4 of Article 8 of Circular No. 14/2013/TT-BYT.

Chapter II

ANNOUNCEMENT OF HEALTH EXAMINATION FACILITIES FOR SEAFARERS

Medical facilities conducting health examinations for seafarers must comply with the provisions set out in Clause 6, Article 23 of Decree No. 109/2016/ND-CP dated July 1, 2016, of the Government on issuing practice licenses for practitioners and operating permits for medical facilities (hereinafter referred to as Decree No. 109/2016/ND-CP), and the following requirements:

1. Meeting the requirements for physical infrastructure and equipment as stipulated in Appendix VII attached hereto.

2. Doctors conducting health examinations and persons concluding examination results must have a medical practice license and a training certificate in maritime medicine. The person signing the examination conclusion must have at least level B English proficiency (able to read and understand the Seafarer's Health Certificate in English).

3. Having a scope of professional activities suitable for detecting diseases and conditions according to the Seafarer Health Standards specified in Article 4 of this Circular.

Article 4. Announcement of medical facilities meeting the conditions for health examinations for seafarers

The announcement of medical facilities meeting the conditions for health examinations for seafarers shall be carried out in accordance with the provisions of Clause 8, Article 43, Clause 4 and Clause 5, Article 44 of Decree No. 109/2016/ND-CP.

Chapter III

RESPONSIBILITIES FOR IMPLEMENTATION

Article 5. Responsibilities of healthcare personnel and medical facilities conducting health examinations for seafarers

1. Responsibilities of healthcare personnel;

a) Fulfilling tasks assigned by authorized authorities.

b) Checking and comparing photographs in the health examination file before conducting the examination.

c) Adhering to professional procedures and guidelines to ensure truthful and accurate examination results and bearing legal responsibility for their conclusions.

d) In cases where it is difficult to conclude, the examining doctor should request a specialized consultation as prescribed.

2. Responsibilities of medical facilities;

a) Complying with the provisions of this Circular and bearing legal responsibility for the health examination results for seafarers conducted by their facility.

b) Storing seafarer health examination files, regularly reporting on seafarer health examination activities, and compiling them into comprehensive reports on the facility's professional activities in accordance with legal regulations on statistics and reporting.

Article 6. Responsibilities of seafarers

1. Providing full and truthful information about their health status and medical history and bearing legal responsibility for the provided information.

2. Adhering to the guidance and instructions of healthcare personnel during the health examination process.

3. Proactively undergoing health examinations again after treatment for illnesses or accidents affecting their health.

4. Complying with health examination requirements (periodic or sudden) from state management agencies on health or transportation (Vietnam Maritime Administration, Provincial Department of Transport under the central government) or employers.

Article 7. Responsibilities of seafarer employers

1. Organizing health examinations and periodic health examinations for seafarers under their management in accordance with labor laws.

2. Implementing periodic health examinations as stipulated in Article 5 of this Circular.

3. Paying for health examination costs to medical facilities conducting health examinations for seafarers at service prices approved by competent state authorities or agreed upon between the two parties.

4. Managing and monitoring the health and health records of seafarers in accordance with legal regulations.

Article 8. Responsibilities of the Department of Health and state management agencies for health under ministries and sectors

1. Direct and guide the operation of medical examination and certification for seafarers at healthcare facilities within their jurisdiction as stipulated in Clause 1, Article 44 of Decree No. 109/2016/NĐ-CP. Inspect and audit the operation of medical examination and certification for seafarers at healthcare facilities according to regulations; suspend or recommend suspension of operations or handle violations related to medical examination and certification for seafarers according to their authority.

2. Publicly announce the list of healthcare facilities meeting the conditions for medical examination and certification for seafarers within their management scope on the electronic information page of the Department of Health or state management agencies for health under ministries and sectors, while submitting a written report to the Department of Medical Examination and Treatment, Ministry of Health.

1. Direct and guide the operation of medical examination and certification for seafarers at healthcare facilities nationwide.

2. Inspect and audit the operation of medical examination and certification for seafarers at healthcare facilities according to regulations; suspend or recommend suspension of operations or handle violations according to their authority against healthcare facilities conducting medical examination and certification for seafarers but not meeting the conditions stipulated in this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from July 1, 2017.

2. Decision No. 20/2008/QĐ-BYT dated June 9, 2008 of the Minister of Health on issuing the Standards of Health for Seafarers Working on Vietnamese Ships shall cease to be effective from the date this Circular takes effect.

Healthcare facilities currently conducting medical examination and certification for seafarers before the date this Circular takes effect may continue to conduct such activities until December 31, 2017.

From January 1, 2018, these healthcare facilities wishing to continue conducting medical examination and certification for seafarers must comply with the provisions of Article 3 of this Circular and submit a written report to the competent state management agency for health as stipulated in Clause 1, Article 44 of Decree No. 109/2016/NĐ-CP regarding the supplementation of human resources, equipment, and specialized operational scope as prescribed.

Article 12. Cross-referencing Provisions

In case the referenced documents in this Circular are replaced or amended, implementation shall follow the replacement or amended documents. During implementation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals reflect these issues to the Ministry of Health (Department of Medical Examination and Treatment) for consideration and resolution.

During implementation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals reflect these issues to the Ministry of Health (Department of Medical Examination and Treatment) for consideration and resolution./.