Administrative Measures for Work Capacity Assessment
Administrative Measures for Work Capacity Assessment
Administrative Measures for Work Capacity Assessment
Order of the Ministry of Human Resources and Social Security and the National Health Commission No. 55
May 13, 2025
(Issued by Order of the Ministry of Human Resources and Social Security and the National Health Commission No. 55 on May 13, 2025; effective as of July 1, 2025)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Social Insurance Law of the People's Republic of China, the Law of the People's Republic of China on Prevention and Control of Occupational Diseases, the Regulations on Work-Related Injury Insurance, and the Regulations on Social Insurance Handling, to strengthen the management of work capacity assessment and standardize the procedures for work capacity assessment.
Article 2 These Measures shall apply to the technical assessment of the degree of labor function impairment and the degree of self-care impairment of employees with work-related injuries (the "work capacity assessment for employees with work-related injuries"), as well as the technical assessment of the degree of loss of work capacity of individuals who have become disabled due to illness or non-work-related injuries and who apply for illness and disability benefits (the "assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries"), as organized by work capacity assessment committees.
Article 3 The work capacity assessment committee of at the level of a province, autonomous region, municipality directly under the Central Government, or a city divided into districts (including municipal districts or counties under the municipality directly under the Central Government; the same below) shall be composed of representatives from the corresponding-level administrative department of human resources and social security and the administrative department of health, trade union organizations, employers, and social insurance agencies.
The institution responsible for the routine operations of the work capacity assessment committee shall be established in a manner determined by each locality based on its actual conditions shall be subject to the supervision of the administrative department of human resources and social security.
Article 4 A work capacity assessment committee shall perform the following responsibilities:
(1) Select and appoint medical experts, establish an expert pool for work capacity assessment, and provide training and management for these experts;
(2) Organize work capacity assessments in accordance with relevant regulations and standards;
(3) Make conclusions on work capacity assessments based on the assessment opinions of the expert panel;
(4) Establish a complete assessment database, and retain assessment files in accordance with the law; and
(5) Other responsibilities stipulated by laws, regulations, and rules.
Article 5 The work capacity assessment committee of a city divided into districts shall be responsible for conducting the initial assessment and re-assessment of work capacity for employees with work-related injuries, as well as the initial assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries, within its jurisdiction.
The work capacity assessment committee of a province, autonomous region, or municipality directly under the Central Government shall be responsible for conducting a second assessment in cases where an objection is raised to the conclusion of an initial assessment or re-assessment of work capacity for employees with work-related injuries, as well as a second assessment in cases where an objection is raised to the conclusion of an initial assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries.
Article 6 Work capacity assessments shall be conducted in an objective and impartial manner. Relevant policies, working systems, and business processes shall be made public.
Chapter II Assessment Procedures
Article 7 If an employee sustains a work-related injury and, after receiving medical treatment, the injury has relatively stabilized but has resulted in a disability affecting their work capacity, or upon the expiration of the suspension-of-work-with-pay period (including any extension confirmed by the work capacity assessment committee), the injured employee or their employer shall promptly submit an application for a work capacity assessment to the work capacity assessment committee at the level of a city divided into districts.
For an individual who undergo a work capacity assessment for the purpose of applying for illness and disability benefits, the individual disabled due to illness or non-work-related injuries, or their employer, shall submit the application for a work capacity assessment to the work capacity assessment committee at the level of city divided into districts in the place where the benefits are to be claimed or where the individual was last insured.
Article 8 If an employee with a work-related injury or an individual disabled due to illness or non-work-related injuries is unable to submit an application for a work capacity assessment due to physical or other reasons, their close relatives may submit the application on their behalf.
Article 9 To apply for a work capacity assessment, an application form for work capacity assessment shall be completed, with the following materials provided:
(1) A valid diagnosis certificate, and complete medical records including copies or reproductions of examination and test reports, in accordance with the relevant regulations on medical record management by medical institutions; and
(2) The resident identity card, social security card, or other valid identification of the person to be assessed.
Application materials that can be obtained through information sharing shall not be required to be submitted repeatedly.
Where conditions permit, work capacity assessment applications may be accepted online.
Article 10 Upon receiving an application for a work capacity assessment, the work capacity assessment committee shall promptly review the materials submitted by the applicant; and if the materials are incomplete, the work capacity assessment committee shall notify the applicant in writing or electronically, within five working days from the date of receiving the application, of all the materials that need to be supplemented and the reasonable time limit for supplementation.
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Order of the Ministry of Human Resources and Social Security and the National Health Commission No. 55
May 13, 2025
(Issued by Order of the Ministry of Human Resources and Social Security and the National Health Commission No. 55 on May 13, 2025; effective as of July 1, 2025)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Social Insurance Law of the People's Republic of China, the Law of the People's Republic of China on Prevention and Control of Occupational Diseases, the Regulations on Work-Related Injury Insurance, and the Regulations on Social Insurance Handling, to strengthen the management of work capacity assessment and standardize the procedures for work capacity assessment.
Article 2 These Measures shall apply to the technical assessment of the degree of labor function impairment and the degree of self-care impairment of employees with work-related injuries (the "work capacity assessment for employees with work-related injuries"), as well as the technical assessment of the degree of loss of work capacity of individuals who have become disabled due to illness or non-work-related injuries and who apply for illness and disability benefits (the "assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries"), as organized by work capacity assessment committees.
Article 3 The work capacity assessment committee of at the level of a province, autonomous region, municipality directly under the Central Government, or a city divided into districts (including municipal districts or counties under the municipality directly under the Central Government; the same below) shall be composed of representatives from the corresponding-level administrative department of human resources and social security and the administrative department of health, trade union organizations, employers, and social insurance agencies.
The institution responsible for the routine operations of the work capacity assessment committee shall be established in a manner determined by each locality based on its actual conditions shall be subject to the supervision of the administrative department of human resources and social security.
Article 4 A work capacity assessment committee shall perform the following responsibilities:
(1) Select and appoint medical experts, establish an expert pool for work capacity assessment, and provide training and management for these experts;
(2) Organize work capacity assessments in accordance with relevant regulations and standards;
(3) Make conclusions on work capacity assessments based on the assessment opinions of the expert panel;
(4) Establish a complete assessment database, and retain assessment files in accordance with the law; and
(5) Other responsibilities stipulated by laws, regulations, and rules.
Article 5 The work capacity assessment committee of a city divided into districts shall be responsible for conducting the initial assessment and re-assessment of work capacity for employees with work-related injuries, as well as the initial assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries, within its jurisdiction.
The work capacity assessment committee of a province, autonomous region, or municipality directly under the Central Government shall be responsible for conducting a second assessment in cases where an objection is raised to the conclusion of an initial assessment or re-assessment of work capacity for employees with work-related injuries, as well as a second assessment in cases where an objection is raised to the conclusion of an initial assessment of loss of work capacity for individuals disabled due to illness or non-work-related injuries.
Article 6 Work capacity assessments shall be conducted in an objective and impartial manner. Relevant policies, working systems, and business processes shall be made public.
Chapter II Assessment Procedures
Article 7 If an employee sustains a work-related injury and, after receiving medical treatment, the injury has relatively stabilized but has resulted in a disability affecting their work capacity, or upon the expiration of the suspension-of-work-with-pay period (including any extension confirmed by the work capacity assessment committee), the injured employee or their employer shall promptly submit an application for a work capacity assessment to the work capacity assessment committee at the level of a city divided into districts.
For an individual who undergo a work capacity assessment for the purpose of applying for illness and disability benefits, the individual disabled due to illness or non-work-related injuries, or their employer, shall submit the application for a work capacity assessment to the work capacity assessment committee at the level of city divided into districts in the place where the benefits are to be claimed or where the individual was last insured.
Article 8 If an employee with a work-related injury or an individual disabled due to illness or non-work-related injuries is unable to submit an application for a work capacity assessment due to physical or other reasons, their close relatives may submit the application on their behalf.
Article 9 To apply for a work capacity assessment, an application form for work capacity assessment shall be completed, with the following materials provided:
(1) A valid diagnosis certificate, and complete medical records including copies or reproductions of examination and test reports, in accordance with the relevant regulations on medical record management by medical institutions; and
(2) The resident identity card, social security card, or other valid identification of the person to be assessed.
Application materials that can be obtained through information sharing shall not be required to be submitted repeatedly.
Where conditions permit, work capacity assessment applications may be accepted online.
Article 10 Upon receiving an application for a work capacity assessment, the work capacity assessment committee shall promptly review the materials submitted by the applicant; and if the materials are incomplete, the work capacity assessment committee shall notify the applicant in writing or electronically, within five working days from the date of receiving the application, of all the materials that need to be supplemented and the reasonable time limit for supplementation.
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