Decree 283/2026/ND-CP: Tightening Corporate Responsibility in Medical Examinations and Occupational Disease Detection
Decree No. 283/2026/ND-CP of the Government, which came into force on 10 September 2026, stipulates penalties for numerous infractions in the fields of labour and social insurance. Most notably, it features provisions concerning periodic health examinations and screenings for occupational diseases among workers.
Under Article 33 of Decree 283/2026/ND-CP, employers who fail to organize periodic health checks or occupational disease screenings for their workers will face a fine of 1–3 million VND per affected employee, with the total fine capped at 75 million VND. For failure to organize health checks for employees before transferring them to heavier, hazardous, or dangerous occupations, or after they recover from a workplace accident or occupational disease and return to work, the fine ranges from 5–10 million VND per employee, up to a maximum of 75 million VND.
Notably, Decree 283 does not stop at monetary fines but also mandates remedial measures. Accordingly, violating employers must organize health examinations and occupational disease screenings for their employees; if the employees have already undertaken these examinations at their own expense, the employer must reimburse the costs. Furthermore, employers who fail to provide medical treatment, convalescence, or rehabilitation for employees suffering from occupational diseases or workplace accidents, or fail to assign work appropriate to an employee’s health condition as concluded by the Medical Examination Council, will be fined 10–15 million VND per employee, up to a maximum of 75 million VND.
Dr. Vu Xuan Trung, Deputy Director General of the Vietnam National Institute of Occupational Safety and Health (VNNIOSH) and Director of the Occupational Health Center (OHC), stated that occupational safety and health legislation require employers to organize periodic health checks for employees at least once a year. For those engaged in heavy, toxic, or hazardous occupations, or exposed to factors potentially causing occupational diseases, specific occupational disease screenings must be provided. However, in reality, some enterprises – especially small businesses – still fail to organize these examinations, conduct them fewer times than required, or carry out medical check-ups that do not comply with regulations.
According to Dr. Vu Xuan Trung, the fine of 1–3 million VND per employee is essentially carried over from previous regulations; therefore, looking solely at the monetary penalty, the deterrent effect is not truly strong. The critical point of Decree 283 lies in the accompanying remedial measures, which compel enterprises to still organize the health checks for their workers after being penalized, or to reimburse the costs if the employees went for the check-ups on their own. Consequently, businesses cannot simply consider paying the fine as having fulfilled their responsibility.
To proactively implement the new regulations, Dr. Vu Xuan Trung recommends that employers establish annual plans for periodic health checks and occupational disease screenings right from the beginning of the year. These plans should be closely linked to workplace environmental monitoring results and ensure full compliance with the mandated examination protocols. He also emphasized that incorporating health screening programs into dialogues and negotiations with trade unions and employees not only ensures legal compliance but also helps protect the workforce, retain employees, and minimize costs associated with workplace accidents and occupational diseases in the long run.
For employees, fully participating in health check-ups, providing truthful information regarding their medical history, and proactively raising complaints when enterprises fail to organize examinations – or conduct them merely as a formality – are essential to protecting their legitimate rights and interests. According to Dr. Vu Xuan Trung, grassroots trade unions can serve as a vital channel for workers to raise their concerns. Concurrently, trade union organizations need to continue promoting their role in advocacy, inspection, and supervision regarding the implementation of employee healthcare regulations.
Therefore, Decree 283/2026/ND-CP goes beyond the reactive mindset of “conducting health checks merely to avoid fines”. Instead, it aims to heighten employer responsibility in preventing occupational diseases, detecting health risks early, and safeguarding the workforce’s health.
Trans: Bich Ha
