Decision No. 2281/QD-TTg of December 10, 2010, approving the national program on labor safety and hygiene during 2011-2015

DECISION

APPROVING THE NATIONAL PROGRAM ON LABOR SAFETY AND HYGIENE DURING 2011-2015

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; and the June 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code;At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECIDES:

Article 1. To approve the national program on labor safety and hygiene during 2011-2015, with the following principal contents:

I. OBJECTIVES OF THE PROGRAM

1. General objectives:

To improve working conditions and mitigate working environment pollution; to prevent labor accidents and occupational diseases; to provide healthcare for employees: to raise awareness about and assure observance of the law on labor safety and hygiene; to assure body and life safety for employees and safety for assets of the Stale, enterprises and organizations, making contributions to national sustainable development.

2. Specific targets;

a/ Annually to reduce by an average 5% of fatal labor accidents in mining, construction, electricity-used, metal and chemical industries;

b/ Annually to increase by an average 5% of establishments which organize regular medical check-ups for employees, to increase by 5% of employees whose occupational diseases are detected through medical check-ups, to increase by 3% of establishments put under working environment surveillance;

c/ Annually to increase by an average 2,000 small- and medium-sized enterprises which effectively apply labor safely and hygiene control systems;

d/ Annually to provide training in labor safety and hygiene for over 40,000 performers of occupations and jobs subject to strict labor safety and hygiene requirements: 10,000 performers of hard, hazardous and dangerous occupations and jobs; and 40,000 labor safety and hygiene officers at enterprises;

e/ By 2015, to provide appropriate information on labor safety and hygiene for over 1,000 craft villages. 5.000 cooperatives and 30,000 small- and medium-sized enterprises;

f/ To provide healthcare and functional rehabilitation for all employees certified to suffer labor accidents or occupational diseases;

g/ To investigate and handle 100% of fatal labor accidents.

II. ACTIVITIES OF THE PROGRAM

1. Activities to raise the capacity and effectiveness of labor safety and hygiene state management, including:

a/ To review, amend and supplement legal documents on labor safety and hygiene;

b/ To train in and provide equipment for raising the capacity of product quality evaluation and inspection systems and labor safety and hygiene inspection, examination and surveillance systems;

c/To study and elaborate a law on labor safety and hygiene;

d/ To elaborate mechanisms and policies to promote the socialization of labor safety and hygiene work;

e/ To form and complete a labor safety and hygiene database;

f/ To complete and apply models to control labor safety and hygiene at enterprises at high risk of labor accident and occupational disease,

g/ To continue formulating and implement a scheme on the compensation fund for labor accidents and occupational diseases.

2. Activities to give counseling, technical assistance and investment in labor accident control at high risk enterprises in mining, mineral processing, metal, chemical and construction industries; to improve working conditions at small- and medium-sized enterprises and in agricultural production and rural trade sectors.

3. Activities to prevent and control occupational diseases and provide healthcare for employees at workplaces, including:

a/ To apply models to prevent and control popular occupational diseases;

b/ To provide equipment and upgrade and build establishments examining, treating and rehabilitating working functions for labor accident victims and occupational disease patients;

c/ To train in diagnosis, assessment, treatment and functional rehabilitation of labor accident victims and occupational disease patients;

d/ To provide equipment and training in working environment surveillance skills;

e/ To provide support in labor health operations for enterprises and establishments to provide healthcare for employees at workplaces.

4. Activities to raise awareness and responsibilities of employers, employees and communities, including:

a/ To provide equipment for and build and upgrade labor safety and hygiene training centers;

b/ To standardize labor safety and hygiene training programs and materials;

c/ To set criteria for labor safety and hygiene trainers; to support the expansion of a network of labor safety and hygiene trainers and communicators;

d/ To train and educate employers and employees in labor safety and hygiene;

e/ To incorporate labor safety and hygiene in training programs of vocational training establishments, professional secondary schools. colleges and universities;

f/ To raise the effectiveness of mass campaigns for labor safety and hygiene.

5. To study and apply science and technology to labor protection, labor safety and hygiene in industries and trades at high risk of labor accident and occupational disease, including coal and rock mining and processing; metallurgy; fertilizer; chemicals; construction and some other industries and trades.

6. Activities to inspect, supervise, review and report on project and program activities.

III. PROGRAM IMPLEMENTATION SOLUTIONS

1. Policies and mechanisms:

a/ To encourage enterprises to contribute resources and carry out activities for improving working conditions and providing healthcare for employees;

b/ To assist enterprises and establishments in piloting and applying advanced labor safety and hygiene control systems and forming a labor safety culture;

c/ To encourage the development and socialization of labor safety and hygiene counseling, assessment and training services;

d/ To enhance coordination among assigned state agencies and enterprises, agencies, organizations and individuals implementing the Program;

e/ To increasingly include activities of the Program with those of the programs on employment; hunger eradication and poverty reduction; HIV-AIDS prevention and control at workplaces; climate change control; and environmental protection, and other related programs;

f/ To comprehensively promote systems to supervise and evaluate the Program implementation;

g/ To encourage people, institutions and mass organizations to participate in activities of the Program.

2. Funds for the Program:

a/ State budget funds, estimated at VND 730 billion, including VND 680 billion in the central budget and VND 50 billion in local budgets. To give in-principle approval of 5 projects and activities under the Program provided in the Appendix to this Decision.

To ensure central budget funds for activities under the Program tasked to ministries and central agencies within annually allocated budget estimates and for target supports to localities.

To ensure local budget funds for activities under the Program tasked to local agencies and units as decentralized under the State Budget Law.

Annually, based on their objectives and tasks, ministries, central agencies and localities which implement the Program shall make cost estimates and submit them to the Ministry of Finance for consideration and inclusion in the budget estimate and reporting to competent authorities for consideration and decision under the State Budget Law:

b/ Funds contributed by enterprises, organizations and individuals participating in the Program; and financed by domestic and overseas organizations;

c/ Other lawful sources.

3. Management and administration:

a/ The Ministry of Labor, War Invalids and Social Affairs shall set up the Program Steering Committee composed of representatives of the Ministries of Labor. War Invalids and Social Affairs; Health; Agriculture and Rural Development; Industry and Trade; Construction; Education and Training; National Defense; Information and Communications; Public Security; Planning and Investment; and Finance, which shall advise the Minister of Labor. War Invalids and Social Affairs in administering, directing, examining, guiding and urging ministries, branches and localities in carrying out activities of the Program;

b/ The Minister of Labor. War Invalids and Social Affairs shall set up a unit assisting the Program Steering Committee and guide localities in establishing local program management units;

c/ Project managing agencies shall set up project management units;

d/ Enterprises shall include programs and projects on labor protection, safety and hygiene in their annual plans suitable to their operation, production and business.

4. Information and communication:

a/ To increase communication, education and training in labor safety and hygiene for employers, employees and communities in diversified and appropriate ways;

b/ To further renew and raise the effectiveness of the annual national week for labor safety and hygiene and fire and explosion control.

5. International cooperation:

To expand international cooperation in training and exchange of specialists in labor safety and hygiene, to support investment in equipment for healthcare, working function rehabilitation and examination and treatment of occupational diseases.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Labor, War Invalids and Social Affairs shall:

a/ Assume the prime responsibility for, and coordinate with concerned agencies in, elaborating an overall plan and annual plans on and guide the Program implementation;

b/ Guide, examine and supervise the Program implementation;

c/ Implement projects assigned to it:

d/ Propose the Prime Minister to direct ministries, central agencies and localities in implementing the Program according to its objectives and contents;

e/ Annually or irregularly review and report on the Program implementation to the Prime Minister and competent agencies.

2. The Ministry of Planning and Investment shall:

a/ Balance funds for the Program implementation;

b/ Guide localities in incorporating the Program into related programs.

3. The Ministry of Finance shall:

a/ Allocate funds for the Program implemen­tation within annual budget estimates of central agencies and localities under the state budget law;

b/ Guide the management and use of funds for the Program implementation; coordinate with the Ministry of Labor, War Invalids and Social Affairs in examining and supervising the Program implementation.

4. Project managing ministries and central agencies shall:

a/ Elaborate and approve projects after reaching agreement with the Ministry of Labor War Invalids and Social Affairs:

b/ Annually, based on proposals made by project implementing agencies, make plans and cost estimates and propose measures for project implementation and submit them to the Ministries of Planning and Investment: Finance; and Labor. War Invalids and Social Affairs:

c/ Manage the project implementation; annually or irregularly report on the project implementation to the Ministry of Labor. War Invalids and Social Affairs for summarization and reporting to the Prime Minister.

5. The Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry. Vietnam Cooperative Alliance. Vietnam Farmers Association and Vietnam Science and Technology Union for Labor Safety and Hygiene shall participate in and coordinate the Program implementation.

6. Provincial-level People's Committees shall:

a/ Based on objectives and activities of the Program, elaborate local labor safety and hygiene programs for 2011-2015;

b/ Proactively coordinate with ministries and concerned agencies in implementing projects and activities under the Program;

c/ Manage the Program implementation in their localities; annually or irregularly report on the Program implementation to the Ministry of Labor, War Invalids and Social Affairs.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.-

APPENDIX

PROJECTS AND ACTIVITIES UNDER THE NATIONAL PROGRAM ON LABOR SAFETY AND HYGIENE DURING 2011-2015(To the Prime Minister's Decision No. 2281/QD-TTg of December 10, 2010)