Organization of medical division

Article 37 - DECREE 39/2016/NĐ-CP

1. For the business and production establishments operating the fields and business lines of processing and preservation of aquatic products and products from aquatic products, mining, production of textile, leather, shoes, coke production, chemical production, making of products from rubber and plastic, waste recycling, environmental sanitation, metal production, ship building and repairment, production of constructional materials, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

b) The business and production establishments which employ between 300 and 500 persons must have at least 01 doctor/physician and 01 person to carry out the medical activities with intermediate educational level;

c) The business and production establishments which employ between 500 and under 1000 persons must have at least 01 doctor and each shift must have 01 person to carry out the medical activities with intermediate educational level;

d) The business and production establishments which employ 1000 persons or more must establish the medical facility in the form and structure in accordance with regulations of law on health examination and treatment.

2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 500 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

b) The business and production establishments which employ between 500 and 1000 persons must have at least 01 physician and 01 person to carry out the medical activities with intermediate educational level;

c) The business and production establishments which employ over 1000 persons must have at least 01 doctor and 01 person to carry out other medical activities.

3. The persons performing the medical activities at the establishments specified in Paragraph 1 and 2 of this Article must meet all following conditions:

a) Have medical qualifications including: doctor, doctor of preventive medicine, bachelor of nursing, physician, intermediate-level nurse and midwife;

b) Have occupational health certificate.

4. The employer must notify the information of the grassroots health workers under the Form XXI issued with this Decree with the provincial Department of Health where the head office of the establishment is situated.

5. Where the establishment does not arrange the health workers or does not set up its medical division as stipulated in Paragraphs 1, 2 and 3 of this Article, the business and production establishment shall:

a) Sign contract with the qualified medical facility in accordance with the following regulations: providing a sufficient number of health workers prescribed in Paragraphs 1, 2 and 3 of this Article; promptly be present at the business and production establishment upon the occurrence of emergency within 30 minutes for the plain, towns, cities and 60 minutes for mountainous areas and remote areas;

b) Notify the information of the medical facility under the Form in the Appendix XXII issued with this Decree to the provincial Department of Health where the head office of the establishment is situated.