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MINISTRY OF
HEALTH OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 02/2023/TT-BYT
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Hanoi, February
09, 2023
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CIRCULAR
Amendments to Circular No. 15/2016/TT-BYT
dated May 15, 2016 of the Ministry of Health on occupational diseases covered
by Social insurance
Pursuant to the Labor Code dated November 20,
2019;
Pursuant to the Law on Social Insurance dated
November 20, 2014;
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to the Law on Prevention and Control of
Infectious Diseases dated November 21, 2007;
Pursuant to the Law on Medical Examination and
Treatment dated November 23, 2009;
Pursuant to Decree No. 88/2020/ND-CP dated July
28, 2020 of the Government elaborating certain Articles of the Law on
Occupational Safety and Hygiene on compulsory insurance for occupational accidents
and occupational diseases;
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At the request of the Director General of Health
Environment Management Agency,
The Minister of Health promulgates a Circular on
amendments to Circular No. 15/2016/TT-BYT dated May 15, 2016 of the Ministry of
Health on occupational diseases covered by social insurance.
Article 1. Certain Articles of Circular No.
15/2016/TT-BYT dated May 15, 2016 of the Ministry of Health on occupational
diseases covered by social insurance are amended
1. Clause 35 is added to
the first Article 3 as follow: "35. Occupational COVID - 19 and guidelines
for diagnosis and examination thereof prescribed in Appendix 35 enclosed
herewith”.
2. The second Article 3 is
renamed into Article 3a.
3. Appendix 35 - Guidelines
for diagnosis and examination of occupational Covid-19 is promulgated together
with this Circular.
4. Appendix 36 –
Occupational SARS-CoV-2 exposure record is promulgated together with this
Circular.
Article 2. Entry into force
1. This Circular comes into force from April 01,
2023.
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3. In case the legislative documents referred to
this Circular are amended or replaced, the newest document shall be applied.
Article 3. Organizing implementation
1. Chief of the Ministry Office, Director General
of Health Environment Management Agency, Director General of the Department of
Medical Service Administration, Chief Inspector of the Ministry, Director
Generals of Departments and General Departments of the Ministry of Health of
Vietnam, Heads of relevant units, agencies, organizations and individuals are
responsible for the implementation of this Circular.
2. Difficulties that arise during the period of
implementation of this Circular should be reported to the Ministry of Health
(Health Environment Management Agency) for consideration and settlement./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Thi Lien Huong
APPENDIX 35
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1. Definitions
“Occupational Covid-19” is a disease developing
during the working process due to employees being exposed to SARS-CoV-2
present in the working environment.
2. Pathogens
a) Exposing to SARS-CoV-2 in the working
environment.
b) Having pathogens recorded in one of the
following documents:
- Report determining occupational contacts with
SARS-CoV-2 prescribed in Appendix 36 enclosed with this Circular.
- Document on appointment to prevention, control
and relief of SARS-CoV-2 infected people signed and sealed by the head of a
unit and other related documents issued by a competent regulatory authority.
- Assessment of occupational exposure factors prescribed
in Section VI Form No. 04 Appendix 3 enclosed with Decree No. 44/2016/ND-CP
dated May 15, 2016 of the Government elaborating certain Articles of the Law on
Occupational Safety and Hygiene on technical verification of occupational
safety, occupational safety and hygiene training and working environmental
monitoring (WES).
- Report on confirmation of exposure to risk
factors causing acute occupational diseases prescribed in Appendix 5 enclosed
with Circular No. 28/2016/TT-BYT dated June 30, 2016 of the Ministry of Health
providing guidelines on management of occupational diseases.
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a) Employees having occupations and professions at
healthcare facilities.
b) Employees working in laboratories, taking,
transporting , analyzing, preserving and destroying samples of which SARS-CoV-2
is detected.
c) Employees working for COVID-19 prevention and
control and relief of SARS-CoV-2 infected people including:
- Employees directly working in concentrated
isolation areas, directly working for home quarantine, medical quarantine in
affected areas, directly taking care of COVID-19 cases at home;
- People who transport and serve COVID-19 cases;
- People who transport, shroud, preserve, cremate
and bury bodies of COVID-19 cases;
- Supervisors, investigators, verifiers regarding
COVID-19;
- Customs staffs, diplomats, immigration officers;
- Officers, professional soldiers, non-commissioned
officers, soldiers of the People's Army, defense officials, defense workers and
defense public employees;
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- Employees having other occupations and
professions appointed to participate in COVID-19 prevention and control.
4. Minimum exposure time (the shortest
time of exposure to harmful factors during the working process to cause
occupational diseases): 01 (one) time.
5. Guaranteed time (the period from the
time that a worker has stopped exposing to a source of infection to the time of
disease onset): 28 (twenty-eight) days.
6. Diagnosis of COVID-19
Diagnosis of COVID-19 shall comply with the
guidelines for diagnosis and treatment of COVID-19 issued by the Minister of
Health stated in Decision No. 250/QD-BYT dated January 28, 2022 on the issuance
of Guidelines for diagnosis and treatment of COVID-19 and Decision No.
437/QD-BYT dated February 27, 2022 amending certain Points of the Guidelines
for diagnosis and treatment of COVID-19.
7. Differential diagnosis
a) It involves distinguishing COVID-19 from acute
respiratory infections caused by other common agents (seasonal influenza virus,
parainfluenza virus, respiratory syncytial virus, rhinovirus, myxovirus,
adenovirus, flu syndrome caused by common strains of Coronavirus, bacteria,
avian influenza A/H5N1, A/H7N9, SARS-CoV-1, MERS-CoV).
b) A differential diagnosis is also used to
distinguish severe conditions of patients (respiratory failure, organ failure)
and sequelae due to other causes or due to severe conditions of concomitant
chronic diseases.
8. Diagnosis of COVID-19 sequelae
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b) Respiratory diseases: pneumonia (ICD-10: J12),
interstitial pneumonia (ICD-10: J84), pulmonary vein thrombosis which is
pulmonary fibrosis (ICD-10: I26), alveolar dilatation, atelectasis , impaired
respiratory function (ICD-10: R06.8).
c) Cardiovascular diseases: arrhythmia (ICD-10:
I49.9), myocarditis (ICD-10: I41.1), coronary infarction (ICD-10: I21),
myocardial fibrosis (ICD- 10: I42.3), chest pain (ICD-10: I20.9), hypertension
(ICD-10: I15.8).
d) Neurological disorders:
- Motor paralysis (ICD-10: G83.9).
- Cranial nerve palsy (ICD-10: T90.3).
- Epilepsy (ICD-10:G40).
- Late-onset Guillain-Barré syndrome (ICD-10:
G61.0).
- Autoimmune encephalomyelitis after COVID-19
infection (ICD-10: B94.1).
d) Mental disorders:
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- Organic catatonic disorder (ICD-10: F06.1).
- Organic delusional [schizophrenia-like] disorder
(ICD-10: F06.2).
- Mood disorder due to known physiological
condition (ICD-10: F06.30).
- Mood disorder due to known physiological
condition with depressive features (ICD-10: F06.31).
- Mood disorder due to known physiological
condition with major depressive-like episode (ICD-10: F06.32).
- Mood disorder due to known physiological
condition with manic features (ICD-10: F06.33).
- Organic anxiety disorder (ICD-10: F06.4).
- Organic emotionally labile [asthenic] disorder
(ICD-10: F06.6).
- Mild cognitive disorder (ICD-10: F06.7).
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9. Time for examination of detecting sequelae: after
at least six months since contracting COVID-19 and receiving treatment in a
stable manner. In case the medical treatment is not provided stably, the
applicable regulations shall be applied.
10. Examinations
a) Indication of examination:
- Diseases related to respiratory medicine.
- Diseases under the management and treatment of
other specialties related to organic lesions caused by COVID-19 on a
case-by-case basis.
- Do not examine the symptoms and signs specified
at Point a, Clause 8 of this Appendix is not indicated.
- Para-clinical assessment:
+ Mandatory X-ray and/or CT-scanner of the chest;
measurement of respiratory function.
+ Other para-clinical examinations shall be
prescribed by specialist examiners.
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b) Criteria for disease elimination
Lesions in organs and organs caused by other
factors other than SARS-CoV-2; lesions in organs and parts confirmed prior to
infection with SARS-CoV-2 virus based on health management records or documents
of diagnosis and treatment before contracting COVID-19 (if any).
c) Table of whole person impairment (WPI) caused by
COVID-19: Apply the whole person impairment caused by sequelae of
COVID-19 in the respective organs and parts specified in Table 2 of the Joint
Circular No. 28/2013/TTLB-BYT-BLDTBXH dated September 27, 2013 of the Minister
of Health, the Minister of Labor, War Invalids and Social Affairs providing for
the whole person impairment caused by injuries, illnesses, diseases and
occupational diseases.
APPENDIX 36
Report on confirmation of occupational
exposure to SARS-COV-2
(Enclosed together with Circular No. 02/2023/TT-BYT
dated February 09, 2023 of the Minister of Health)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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RECORD
Confirmation of occupational exposure to
SARS-CoV-2
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Occupation: ……………………………………………………………………………………..
Place of work: ……………………………………………………………………………………..
1. Circumstances of infecting with SARS-CoV-2,
information on sources of infection during the working process: (detailed
descriptions)
………………………………………………………………………………………………………
………………………………………………………………………………………………………
2. Suffering exposure to or infection with
SARS-CoV-2 from family members, friends, relatives or people who are not in the
working process:
Yes
□
No □
Yes: specify circumstance and period
………………………………………………………………………………………………………
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3. The first positive test result for
SARS-CoV-2: …. [date]…..
4. Health status after contracting COVID-19:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Employee
(Signature and full name)
…(location),………(date)
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Head of unit or manager of unit assigned to participating in epidemic
prevention and control
(signature and full name)