Circular 02/2023/TT-BYT amend Circular 15/2016/TT-BYT occupational diseases covered by social insurance

CIRCULAR

Amending and supplementing a number of articles of the Ministry of Health’s Circular No. 15/2016/TT-BYT dated May 15, 2016, providing for 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 Health dated June 25, 2015;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

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

Pursuant to the Government’s Decree No. 88/2020/ND-CP dated July 28, 2020, detailing and guiding a number of articles of the Law on Occupational Safety and Health regarding compulsory occupational accident and disease insurance;

Pursuant to the Government’s Decree No. 95/2022/ND-CP dated November 15, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Health Environment Management Agency;

The Minister of Health promulgates the Circular amending and supplementing a number of articles of the Ministry of Health’s Circular No. 15/2016/TT-BYT dated May 15, 2016, providing for occupational diseases covered by social insurance.

Article 1. Amending and supplementing a number of articles of the Ministry of Health’s Circular No. 15/2016/TT-BYT dated May 15, 2016, providing for occupational diseases covered by social insurance

1. To add Clause 35 to the first Article 3 as follow: “35. Occupational COVID-19 and guidelines for diagnosis and assessment prescribed in Appendix 35 issued together with this Circular”.

2. To amend the second Article 3 to Article 3a.

3. To add Appendix 35 - Guidelines for diagnosis and assessment of occupational COVID-19 issued together with this Circular.

4. To add Appendix 36 - Record of occupational exposure to SARS-CoV-2 virus issued together with this Circular.

Article 2. Effect

1. This Circular takes effect from April 01, 2023.

2. Persons having occupations or jobs specified in Section 3, Appendix 35 issued together with this Circular, diagnosed with COVID-19 disease due to exposure during working period from February 1, 2020 and before the effective date of this Circular shall be entitled to make occupational disease dossiers for assessment and be entitled to the occupational disease regime according to current regulations.

3. In case any documents referred to in this Circular are amended, supplemented or replaced, the new one shall prevail.

Article 3. Implementation organization

1. The Chief of the Ministry Office, the Director of the Health Environment Management Agency, the Director of the Department of Medical Service Administration, the Chief of the Ministry Inspectorate, Directors of Departments Administrations under the Ministry of Health, Heads of units, relevant organizations and individuals shall assume the responsibility for implementing this Circular.

2. Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Health (the Health Environment Management Agency) for consideration and settlement./.

* All Appendices are not translated herein.