Question:
I would like to know whether enterprises are required to provide periodic health check-ups for their employees.
Answer:
Pursuant to Article 21 of the Law on Occupational Safety and Hygiene 2015 regarding health check-ups and occupational disease treatment for employees, specifically as follows:
“1. Annually, employers must organize health check-ups for employees at least once a year; for employees performing heavy, hazardous, dangerous or particularly heavy, hazardous, dangerous occupations or jobs, employees with disabilities, minor employees, and elderly employees, health check-ups must be conducted at least once every 06 months.
2. When undergoing health check-ups as prescribed in Clause 1 of this Article, female employees must receive obstetrics and gynecology examinations; employees working in environments exposed to factors likely to cause occupational diseases must undergo examinations for the detection of occupational diseases.
3. Employers shall organize health check-ups for employees before assigning work and before transferring them to heavier, more hazardous, or more dangerous occupations or jobs, or after they have recovered from a labor accident or occupational disease and return to work, except in cases where the Medical Assessment Council has performed an assessment of the decrease in work capacity.
4. Employers shall organize health check-ups for employees and examinations for the detection of occupational diseases at medical establishments that meet professional and technical requirements and conditions.
5. Employers shall take employees diagnosed with occupational diseases to medical establishments that meet professional and technical conditions to receive treatment in accordance with the occupational disease treatment regimen prescribed by the Minister of Health.
6. Expenses for health check-ups, examinations for detecting occupational diseases, and treatment of occupational diseases for employees as prescribed in Clauses 1, 2, 3, and 5 of this Article shall be borne by the employer and shall be deductible expenses when determining taxable income under the Law on Corporate Income Tax, and shall be accounted for as regular operating expenses for administrative agencies and non-business units without service activities.”
Accordingly, every year, enterprises must organize at least one health check-up for employees. Pursuant to Clause 2 Article 22 of Decree No. 12/2022/NĐ-CP, administrative penalties for failing to organize periodic health check-ups for employees are as follows:
“A fine ranging from VND 1,000,000 to VND 3,000,000 per employee, but not exceeding VND 75,000,000 in total, shall be imposed on employers who fail to organize periodic health check-ups or examinations for the detection of occupational diseases for employees.”
Pursuant to Clause 1 Article 6 of Decree No. 12/2022/NĐ-CP, the above fine levels apply to individuals. The fine levels applicable to organizations are double those imposed on individuals.
Thus, enterprises that fail to organize periodic health check-ups for employees shall be subject to administrative penalties, with fines ranging from VND 2,000,000 to VND 6,000,000 per employee, but not exceeding VND 150,000,000 in total.
Consultation: Labor and Employment Services
