Circular No. 42/2011/TT-BYT supplements cadmium occupational poisoning, whole-body vibration occupational disease, and HIV infection due to occupational accidents and risks to the list of occupational diseases covered by insurance and provides diagnostic and appraisal standards.

CIRCULAR

Supplement occupational cadmium poisoning disease, whole-body vibration occupational disease, and HIV infection due to occupational accidents and risks to the list of occupational diseases covered by insurance and provide guidelines for diagnostic criteria and assessment standards.

Based on the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; Law Amending and Supplementing Certain Provisions of the Labor Code dated June 29, 2006;

Based on Decree No. 06/CP dated January 20, 1995 and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP

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dated January 20, 1995

of the Government detailing certain provisions of the Labor Code on labor safety and hygiene; Based on Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health and Decree No. 22/2010/NĐ-CP dated March 9, 2010 of the Government amending and supplementing Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007; After receiving the agreement of the Ministry of Labor, Invalids and Social Affairs at Circular No. 1865/LĐTBXH-ATLĐ dated June 10, 2011 and of the Vietnam Social Security at Circular No. 1624/BHXH-CSXH dated April 25, 2011;

Considering the proposal of the Director of the Environmental Health Management Department,

Supplement the following three occupational diseases to the List of Occupational Diseases Entitled to Insurance Benefits: 1. Occupational cadmium poisoning disease (Diagnostic criteria and assessment standards specified in Appendix No. 1 of this Circular); 2. Whole-body vibration occupational disease (Diagnostic criteria and assessment standards specified in Appendix No. 2 of this Circular);

HIV infection due to occupational accidents and risks

Article 1. Supplementing the List of Occupational Diseases Covered by Insurance

(Diagnostic criteria and assessment standards specified in Appendix No. 3 of this Circular).

Workers who have been assessed as suffering from the diseases prescribed in Article 1 of this Circular shall be entitled to the insurance benefits stipulated in the Labor Code and other regulatory documents guiding the implementation of the Labor Code.

The Heads of the Ministry's Office, the Inspector General of the Ministry, the Director of the Environmental Health Management Department, and the heads of all Departments, Bureaus, and General Departments under the Ministry of Health, the heads of subordinate units of the Ministry of Health, the Directors of Provincial Health Services, and the heads of health sectors and related units are responsible for implementing this Circular.

oticeThis Circular takes effect from January 15, 2012. During the implementation process, if there are any difficulties, please report them to the Ministry of Health (Environmental Health Management Department) for consideration and resolution./.

Article 2. Benefits for Persons Affected by Occupational Diseases

Workers who have been appraised as suffering from the diseases specified in Article 1 of this Circular shall enjoy the social insurance benefits prescribed in the Labor Code and other regulatory legal documents guiding the implementation of the Labor Code.

Article 3. Responsibility for Implementation

The Heads of the Ministry's Office, the Inspector General of the Ministry, the Director of the Environmental Health Management Department, the Heads of all Departments, Bureaus, and General Departments under the Ministry of Health, the Heads of subordinate units of the Ministry of Health, the Directors of Health Services of provinces and centrally-administered cities, the Heads of health sectors, and the Heads of related units are responsible for implementing this Circular.

Article 4. Effective date

This Circular takes effect from January 15, 2012.

In the course of implementation, if there are any difficulties, the relevant units are requested to report to the Ministry of Health (Environmental Health Management Department) for consideration and resolution./.