Circular 22/2017/TT-BYT health standards for seafarers working on Vietnamese seagoing ships and the announcement of medical examination facilities for seafarers

CIRCULAR

Prescribing health standards for seafarers working on Vietnamese seagoing ships and the announcement of medical examination facilities for seafarers

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

Pursuant to the Government’s Decree No. 63/2012/ND-CP of August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director General of the Department of Medical Examination and Treatment Management,

The Minister of Health promulgates the Circular prescribing Health standards for seafarers working on Vietnamese seagoing ships and the announcement of medical examination facilities for seafarers.

Chapter I

HEALTH STANDARDS FOR SEAFARERS, PROCEDURES, CONTENT, AND DOCUMENTATION FOR SEAFARER MEDICAL EXAMINATIONS

Article 1. Health standards for seafarers working on Vietnamese seagoing ships

Issued together with this Circular:

1. The table of health standards for seafarers working on Vietnamese seagoing ships (hereinafter referred to as seafarers) in Appendix I.

2. The list of diseases and conditions that disqualify individuals from working on Vietnamese seagoing ships in Appendix II.

Article 2. Procedures, content, and documentation for medical examinations and periodic health examinations for seafarers

1. Health examinations (below abbreviated as HE) for seafarers shall only be conducted at medical examination and treatment facilities that have been licensed for medical examination and treatment activities and officially designated as health examination facilities for seafarers.

2. The procedures for HE and periodic HE 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, issued by the Minister of Health, providing guidance on health examinations (hereinafter referred to as Circular No. 14/2013/TT-BYT).

3. Content of HE for seafarers: 

a) HE for seafarers must adhere to the Table of health standards for seafarers working on Vietnamese seagoing ships as specified in Appendix I of this Circular and the List of diseases and conditions disqualifying individuals from working on Vietnamese seagoing ships as specified in Appendix II of this Circular. 

b) Periodic HE for seafarers must follow the contents recorded in the periodic health examination booklet for seafarers in accordance with the template provided in Appendix III attached to this Circular. 

c) HE facilities for seafarers shall prepare a HE file for seafarers according to the template provided in Appendix IV attached to this Circular, and such files must be maintained at the respective facility. 

4. Issuance of the Seafarer Health Certificate:

a) If seafarers meet the health standards as prescribed in Appendix I of this Circular, the HE facility shall issue a Seafarer Health Certificate according to the template provided in Appendix V attached to this Circular. The Seafarer Health Certificate is valid for a period of 18 months from the date of issuance.

b) If seafarers meet the health standards as prescribed in Appendix I of this Circular but have one or more diseases or conditions specified in Appendix II of this Circular, and the shipowner submits a written request to the HE facility for the issuance of a Health Certificate, along with the seafarer's voluntary declaration to work on a seagoing ship using the template provided in Appendix VI attached to this Circular, the head of the HE facility may consider issuing the Seafarer Health Certificate according to the template provided in Appendix V attached to this Circular. The Seafarer Health Certificate is valid for a period of 12 months from the date of issuance.

c) The Seafarer Health Certificate is prepared in three (03) copies: one (01) copy is provided to the seafarer to be included in the ship’s records, one (01) copy is retained in the personal file of the seafarer managed by the seafarer management authority, and one (01) copy is kept at the health examination facility for seafarers.

5. The return of the HE File, the Health Certificate, and the periodic HE booklet for seafarers shall be carried out in accordance with the provisions of Clauses 1, 2, and 4 of Article 8 of Circular No. 14/2013/TT-BYT.

Chapter II

ANNOUNCEMENT OF HEALTH EXAMINATION FACILITIES FOR SEAFARERS

Article 3. Requirements for health examination facilities for seafarers

Health examination and treatment facilities conducting HE for seafarers must comply with the provisions of Clause 6, Article 23 of Decree No. 109/2016/ND-CP dated July 1, 2016, of the Government on the issuance of practice certificates for practitioners and operating licenses for medical examination and treatment facilities (below referred to as Decree No. 109/2016/ND-CP) and meet the following requirements:

1. Meeting the requirements for facilities and equipment as prescribed in Appendix VII attached to this Circular.

2. Doctors conducting HE and those concluding the HE results must possess a medical examination and treatment practice certificate and a certificate of training in maritime medicine.

The individual signing off on HE conclusions must have at least a Level B proficiency in English (able to read and understand the Seafarer Health Certificate in English).

3. Having the appropriate scope of professional activities to examine and identify medical conditions in accordance with the Table of Health Standards for Seafarers stipulated in Article 4 of this Circular.

Article 4. Announcement of facilities qualified for seafarer health examinations

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

Chapter III

RESPONSIBILITIES FOR IMPLEMENTATION

Article 5. Responsibilities of medical personnel and facilities conducting seafarer health examinations

1. Responsibilities of medical personnel:

a) Performing tasks as assigned by authorized individuals.

b) Verifying and cross-checking the photo in the HE File before conducting the HE.

c) Strictly following the procedures, professional guidelines, and practices during the HE, ensuring truthful and accurate results, and legally taking the responsibility for their conclusions.

d) If conclusions are difficult to determine, the HE doctor shall request a professional consultation according to regulations.

2. Responsibilities of health examination and treatment facilities:

a) Complying with the provisions of this Circular and legally taking the responsibility for the results of HE conducted for seafarers by the facility.

b) Maintaining and storing HE records for seafarers, periodically report on HE activities for seafarers, and incorporate such reports into the overall professional activity report of the facility in accordance with the laws on statistics and reporting.

Article 6. Responsibilities of Seafarers

1. Providing complete and truthful information about their health status, medical history, and conditions, and legally taking the responsibility for the information provided.

2. Complying with the instructions and directives of medical personnel during the HE process.

3. Proactively undergoing a health re-examination after receiving treatment for any illness or accident that impacts their health.

4. Adhering to the requirements for HE (periodic or ad hoc) as requested by state health management authorities, state transportation management authorities (Vietnam Maritime Administration, Departments of Transport of provinces and centrally governed cities), or employers.

Article 7. Responsibilities of Employers of Seafarers

1. Organizing HE and periodic HE for seafarers under their management in compliance with labor law regulations.

2. Conducting periodic HE as prescribed in Article 5 of this Circular.

3. Covering the costs of HE to the medical examination and treatment facilities conducting the HE for seafarers, based on the service prices approved by the competent state authority or as agreed upon between the two parties.

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

Article 8. Responsibilities of the Department of Health and state health management authorities of ministries and sectors

1. Directing and guiding HE activities for seafarers at medical examination and treatment facilities under their management authority, in accordance with Clause 1, Article 44 of Decree No. 109/2016/ND-CP. Inspecting and supervising HE activities for seafarers at these facilities in accordance with regulations; suspending or recommending the suspension of HE activities or addressing violations related to HE for seafarers within their authority.

2. Publicly announcing the list of medical examination and treatment facilities qualified to conduct HE for seafarers under their management on the official website of the Department of Health or the state health management authority of the respective ministries and sectors, additionally submitting a written report to the Department of Medical Examination and Treatment Management under the Ministry of Health.

Article 9. Responsibilities of the Department of Medical Examination and Treatment Management, the Ministry of Health

1. Directing and guiding HE activities for seafarers at medical examination and treatment facilities nationwide.

2. Inspecting and supervising HE activities for seafarers conducted by medical examination and treatment facilities in accordance with regulations; suspend or recommend the suspension of activities or address violations within their authority for facilities conducting HE for seafarers that do not meet the conditions prescribed in this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect

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

2. The Minister of Health’s Decision No. 20/2008/QD-BYT of June 9, 2008, on the issuance of Health Standards for Seafarers Working on Vietnamese Seagoing Ships shall cease to be effective from the date this Circular comes into effect.

Article 11. Transitional Provisions

Medical examination and treatment facilities conducting HE for seafarers prior to the effective date of this Circular shall continue to conduct HE for seafarers until December 31, 2017.

Starting from January 1, 2018, if medical examination and treatment facilities want to continue conducting HE for seafarers, they must meet the requirements specified in Article 3 of this Circular and also submit a written report to the relevant state health management authority, as prescribed in Clause 1, Article 44 of Decree No. 109/2016/ND-CP on the addition of human resources, equipment and scope of professional activities according to regulations.

Article 12. Reference Provisions

If the documents referenced in this Circular are replaced, amended, or supplemented, the provisions of the replacement, amended, or supplemented documents shall apply.

Any difficulty and problem arising in the course of implementation should be promptly reported to the Ministry of Health (The Department of Medical Examination and Treatment Management) for consideration and settlement./.