MINISTRY OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM -------
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 2279/VBHN-BLDTBXH
Hanoi, June 21, 2023
DECREE
ELABORATING THE LAW ON OCCUPATIONAL SAFETY AND HYGIENE REGARDING TECHNICAL INSPECTION OF SAFETY, OCCUPATIONAL SAFETY AND HYGIENE TRAINING, AND WORKING ENVIRONMENT MONITORING
Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government elaborating the Law on Occupational Safety and Hygiene regarding technical inspection of safety, occupational safety and hygiene training, and working environment monitoring, coming into force from July 1, 2016, amended by:
Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendment to Decrees relating to business investment conditions and administrative procedures within state management scope of the Ministry of Labor - War Invalids and Social Affairs coming into force from October 8, 2018.
Decree No. 04/2023/ND-CP dated February 13, 2023 of the Government on amendment to Decrees relating to business investment conditions and administrative procedures within state management scope of the Ministry of Labor - War Invalids and Social Affairs coming into force from February 13, 2023.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;
At request of the Minister of Labor - War Invalids and Social Affairs;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates the Law on Occupational Safety and Hygiene regarding technical inspection of safety, occupational safety and hygiene training, and working environment monitoring.
Article 2. Regulated entities
1. Employers and employees according to Article 2 of the Law on Occupational Safety and Hygiene.
2. Service providers, enterprises, other organizations and individuals related to technical inspection of occupational safety; occupational safety and hygiene training, and working environment monitoring.
Article 3. Definitions
In this Decree, terms below are construed as follows:
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2. “full-time trainer” means an occupational safety and hygiene trainer who works under fixed-term contract of at least 12 months or indefinite contract.
3. “training group” means a group of training subjects having the same characteristics in terms of tasks, occupational safety and hygiene requirements and classified in accordance with this Decree.
Chapter II
TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
Article 4. Eligibility for Certificate of eligibility for technical inspection of occupational safetyPlease sign up or sign in to your TVPLPro Membership to see English documents.
Article 5. Application and procedures for issuance, extension, and re-issuance of Certificate of eligibility
- Written application for re-issuance of the Certificate;
- Previously issued Certificate in case of damaged Certificate.
4. Forms of documents under Clauses 1, 2, and 3 of this Article are specified under Appendix Ia attached hereto.
5. Procedures for issuance, extension, and re-issuance of Certificate of eligibility:
a) Organizations that wish to apply for issuance, extension, re-issuance of Certificate shall submit application to competent authority under Clause 1 Article 6 hereof and pay assessment fees as per regulations of the Ministry of Finance.
When applying for extension, the applicants must submit application to competent authorities under Clause 1 Article 6 hereof at least 30 days before expiry date of the Certificate.
b) Within 30 days from the date on which adequate application is received, competent authorities are responsible for assessing and issuing, extending, re-issuing Certificate; in case of rejection, the competent authorities must respond in writing and state reason.
Article 6. Entitlement to issue, extend, re-issue, and revoke Certificate of eligibility
1. Entitlement to issue, extend, re-issue, and revoke Certificate of eligibility is specified under Appendix Ib attached hereto.
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Article 7. Effective period of Certificate of eligibility
1. New or extended Certificate shall be effective for 5 years.
2. Re-issued Certificate shall be effective for the remaining effective period of previously issued Certificate.
2. Organizations having their Certificate revoked in accordance with Points a, b, c, d, and dd Clause 1 of this Article may apply for Certificate of eligibility after 6 months from the date on which decisions on revocation of Certificate of eligibility are issued.
Article 9. Eligibility of inspectors
1. Having at least undergraduate degree specializing in technical major appropriate to inspection subjects;
d) Inspector certificate is previously revoked. Inspector certificate shall only be considered for re-issuance after 6 months from the date on which it is revoked.
3. Competent authorities entitled to issue inspector certificate shall be field-specific authorities affiliated with ministries entitled to issue Certificate of eligibility under Appendix Ib attached hereto; inspector certificate shall be issued by ministries governing specific inspection subjects.
Article 11. Application for issuance of inspector certificate
1. Written application for issuance of inspector certificate;
2. Certified true copies or copies and original copies of undergraduate degree of the applicant;
3. Documents proving fulfillment of eligibility under Clause 3 and Clause 4 Article 9 hereof;
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c) Document proving completion of training course and qualification for technical inspection of occupational safety regarding inspection subjects issued after the date on which decisions on revocation of certificate come into force for cases under Point c and Point dd Clause 2 Article 14 hereof;
d) 2 colored head shots in 3x4 format of the applicant taken within 06 months prior to the date of application.
5. Samples of documents under Article 11, Clauses 1, 2, 3, and 4 hereof are specified under Appendix Ic attached hereto.
Article 13. Procedures for issuance, re-issuance and effective period of inspector certificate
1. Individuals wishing to apply for issuance or re-issuance of inspector certificate shall submit application to Single-window Department or via post service or online via National public service portal or Public service portals of ministries entitled to issue Certificate of eligibility according to Appendix Ib attached hereto.Please sign up or sign in to your TVPLPro Membership to see English documents.
2. Inspector certificate shall be revoked when:
a) Documents under application for issuance, re-issuance of inspector certificate are fabricated or falsified;
b) Inspector certificate is erased or otherwise altered without permission;
c) The inspector has not been working under any inspecting body for at least 12 months;
d) The inspector operates beyond the scope of inspector certificate;
dd) The inspector fails to adhere to inspection procedures.
3. Competent authorities entitled to issue inspector certificate shall also be entitled to issue decision on revocation of inspector certificate.
Article 15. Responsibilities of occupational safety inspecting bodies
1. Provide inspection record for organizations, individuals using machinery, equipment, and materials that are subject to strict occupational safety requirements. Apply inspection seal or display inspection information on inspection subjects, issue certificate of inspection results (1 copy) to organizations, individuals that use inspection subjects within 5 working days from the date on which satisfactory inspection results are achieved.
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4. Enable inspecting bodies to conduct inspection, prepare technical documents relating to inspection subjects and provide for inspectors, and assign representatives to witness inspection process.
5. Implement propositions of inspecting bodies in regard to safety assurance during use of inspection subjects. Refrain from using inspection subjects whose inspection results do not meet requirements or have expired.
6. Manage, use, and remove inspection subjects in accordance with national technical regulations on occupational safety, hygiene and manufacturer’s instructions.
7. Sample of official dispatch declaring the use of machinery, equipment, and materials which are subject to strict occupational safety is specified under Appendix Idd attached hereto.
Chapter III
OCCUPATIONAL SAFETY AND HYGIENE TRAINING
Section 1. SUBJECT, CONTENTS, AND GENERAL REQUIREMENTS OF TRAINING
3. Group 3: Employees engaging in tasks that are subject to strict occupational safety and hygiene requirements that are individuals doing work mentioned under the List of work with strict occupational safety and hygiene requirements promulgated by the Ministry of Labor - War Invalids and Social Affairs.
4. Group 4: Employees not mentioned under groups 1, 3, 5, 6 under this Clause, including apprentices, trainees, individuals undergoing probation period and working for employers.
5. Group 5: Individuals engaging in medical work.
6. Group 6: Hygiene and safety officers in accordance with Article 74 of the Law on Occupational Safety and Hygiene.
Article 18. Occupational safety and hygiene training contents
1. Training for group 1
a) Policy and legal system regarding occupational safety and hygiene:
b) Occupational safety and hygiene tasks, including: Organization, management, and implementation of regulation on occupational safety and hygiene in facilities; delegation of responsibilities and powers regarding occupational safety and hygiene; basic knowledge regarding dangerous, harmful factors, solutions for preventing and improving working conditions; safety culture in manufacturing and business.
2. Training for group 2
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b) Occupational safety ad hygiene operations: Organization, management, and implementation of regulations on occupational safety and hygiene in facilities; development of regulations, rules, procedures, and solutions for occupational safety and hygiene; delegation of responsibilities and powers regarding occupational safety and hygiene, basic knowledge regarding dangerous, harmful factors, solutions for preventing and improving working conditions; safety culture in manufacturing and business; development and encouragement of implementation of annual occupational safety and hygiene plans; risk analysis and assessment and development of emergency response plans; development of occupational safety and hygiene management system; implementation of internal inspection; implementation of occupational accident investigation; requirements of inspection, training, and monitoring of working environment; management of machinery, equipment, materials, and substances with strict occupational safety and hygiene requirements; reporting, communication, and training for occupational safety and hygiene; first-aid for occupational accidents, prevention of occupational diseases for employees; commendation, competition, discipline, statistical reports, and reports on occupational safety and hygiene;
c) Professional training: Overall knowledge regarding machinery, equipment, materials, and substances from which dangerous, harmful factors arise; safe working procedures when interacting with machinery, equipment, materials, and substances with strict occupational safety and hygiene.
3. Training for group 3
a) Policy and legal system regarding occupational safety and hygiene:
b) Basic knowledge regarding occupational safety and hygiene: Policies and regulations regarding occupational safety and hygiene for employees; basic knowledge regarding dangerous, harmful factors at workplace and solutions for improving working conditions; functions and tasks of network of hygiene and safety officers; safety culture in manufacturing and business; occupational safety and hygiene regulations, occupational safety and hygiene signs, boards, and use of safety devices, personal protective equipment; operations and skills in providing first-aid for occupational accidents, preventing occupational diseases;
c) Professional training: Comprehensive knowledge regarding machinery, equipment, materials, and substances from which dangerous, harmful factors arise and solutions for analyzing, assessing, managing risks relating to work with strict occupational safety and hygiene requirements performed by the trainees; working procedures complying with occupational safety and hygiene; occupational safety and hygiene techniques relating to work of employees.
4. Training for group 4
a) Basic knowledge regarding occupational safety and hygiene: Rights and obligations of employers, employees; policies and regulations regarding occupational safety and hygiene for employees; basic knowledge regarding dangerous, harmful factors at workplace and solutions for improving working conditions; functions and tasks of network of hygiene and safety officers; safety culture in manufacturing and business; occupational safety and hygiene regulations, occupational safety and hygiene signs, boards, and use of safety devices, personal protective equipment; operations and skills in providing first-aid for occupational accidents, preventing occupational diseases.
b) Direct training at workplace: Working procedures and specific requirements pertaining to occupational safety and hygiene at workplace.
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a) Policy and legal system regarding occupational safety and hygiene:
b) Occupational safety and hygiene tasks, including: Organization, management, and implementation of regulation on occupational safety and hygiene in facilities; delegation of responsibilities and powers regarding occupational safety and hygiene; basic knowledge regarding dangerous, harmful factors, solutions for preventing and improving working conditions; safety culture in manufacturing and business;
3. Training is required in case of changes to the work, equipment, technology and after a break from work.
a) Changes to the work or equipment, technology: Individuals must receive occupational safety and hygiene training appropriate to the new work or new equipment, technology.
If training subjects have received training within 12 months or less after moving to new work or after changing equipment or technology, they are not required to repeat sections that they have been trained for.
b) Returning to work after a break.
If facilities are suspended or employees cease to work for at least 6 months, employees are required to undergo training similar to refresher training. Re-training shall last for 50% of the duration of the initial training.
Section 2. OCCUPATIONAL SAFETY AND HYGIENE TRAINER
2. Training regarding occupational safety and hygiene operation and basic knowledge about occupational safety and hygiene:
a) Individuals having at least undergraduate degrees and at least 3 years of developing or organizing implementation of occupational safety and hygiene;
b) Individuals having college degrees and at least 4 years of developing, organizing implementation of occupational safety and hygiene;
c) Individuals engaging in occupational safety and hygiene in enterprises and not mentioned under Point a and Point b of this Clause and at least 5 years of engaging in occupational safety and hygiene tasks.
3. Training regarding field-specific theory:
a) Individuals having at least undergraduate degrees in majors appropriate to fields of training and at least 3 years of developing, organizing implementation of occupational safety and hygiene.
b) Individuals having college degrees in majors appropriate to fields of training and at least 4 years of developing, organizing implementation of occupational safety and hygiene.
4. Practice training:
a) Practice training for group 2: Individuals having at least college degrees in majors appropriate to fields of training, skilful at operating machinery, equipment, chemicals, tasks for practice training purposes according to framework training program;
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c) Practice training for group 4: Individuals having at least technical intermediate degrees in majors appropriate to fields of training or at least 3 years of working in fields of training;
d) First-aid and initial medical care training for occupational accidents: Individuals having at least college degrees in medical major and at least 3 years engaging in first-aid or initial medical care operations or having medical doctor qualification;
dd) Individuals engaging in occupational safety and hygiene operations in enterprises, not mentioned under Points a, b, and c of this Clause, and having at least 4 years engaging in occupational safety and hygiene operations are allowed to provide practice training in accordance with Points a, b, and c of this Clause depending on their experience.
5. The Ministry of Labor - War Invalids and Social Affairs shall elaborate framework training programs for occupational safety and hygiene trainers, exemption and reduction of attained training, organization of qualification exams and issuance of certificate.
6. Trainers must attend refresher training to update knowledge, information, policies, regulations, law, science, and technology pertaining to occupational safety and hygiene every 5 years, except for trainers under Point a Clause 1 of this Article and first-aid trainers.
7. Organize training courses for occupational safety and hygiene trainers, record attendance, and submit reports on results of training courses for occupational safety and hygiene trainers to the Ministry of Labor - War Invalids and Social Affairs.
Article 23. Determining of working period or occupational safety and hygiene training period
1. Agencies, service providers, enterprises, and other organizations are responsible for verifying working period or occupational safety and hygiene training period of their employees.
2. The Ministry of Labor - War Invalids and Social Affairs shall elaborate Clause 1 of this Article.
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Article 24. Management of certificate of training completion and occupational safety card issuancePlease sign up or sign in to your TVPLPro Membership to see English documents.
b) Training attendance record shall use Form No. 11 of Appendix II attached hereto.
c) Class C training organizations shall provide training for group 1, group 2, group 3, group 4, group 5, and group 6 trainees.
2. Eligibility of class A training organizations:
a) Entering into rent or partnership agreements in order to secure at least 1 classroom of at least 30 m2 in area;
b) Having at least 2 full-time trainers providing training regarding legal, professional contents and at least 1 trainer providing training regarding first-aid and initial medical care for occupational accidents;
c) Having training documents appropriate to training subjects and developed in accordance with framework training programs regulated under this Decree;
d) Having machinery, equipment, factories, and training locations that meet occupational safety and hygiene in accordance with Clause 1 and Clause 2 of the Law on Occupational Safety and Hygiene.
3. Eligibility of class B training organizations:
a) Entering into rent or partnership agreements in order to secure at least 1 classroom of at least 30 m2 in area;
b) Having or entering into rent or partnership agreements to obtain machinery, equipment, chemicals, factories, practice areas that meet occupational safety and hygiene requirements appropriate to the fields of training;
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d) Having training documents appropriate to training subjects and developed in accordance with framework training programs regulated under this Decree.
4. Eligibility of class C training organizations:
a) Entering into rent or partnership agreements in order to secure at least 1 classroom of at least 30 m2 in area;
b) Having or entering into rent or partnership agreements to obtain machinery, equipment, chemicals, factories, practice areas that meet occupational safety and hygiene requirements appropriate to the fields of training. Machinery, equipment, materials, substances, and practice locations must meet occupational safety and hygiene as per the law; practice locations must have minimum area of 300 m2;
c) Having at least 4 full-time trainers providing training regarding legal and professional contents, including at least 1 trainer providing professional training and practice training appropriate to the fields of training and 1 trainer providing first-aid and initial medical care for occupational diseases;
d) Having training documents appropriate to training subjects and developed in accordance with framework training programs regulated under this Decree.
Article 27. Entitlement to receive application, issue, re-issue, extend, revoke certificate of eligibility to provide training of training organizationsPlease sign up or sign in to your TVPLPro Membership to see English documents.
2. Departments of Labor - War Invalids and Social Affairs of provinces and central-affiliated cities shall receive, issue, re-issue, extend, and revoke certificate of eligibility to provide training of class B training organizations, other than training organizations under Point a Clause 1 of this Article.
3. Class A training organizations shall declare fulfillment of eligibility to provide occupational safety and hygiene training by themselves and send notice using Form No. 03b under Appendix II attached hereto to authorities entitled to receive application as follows:
a) The Ministry of Labor - War Invalids and Social Affairs shall: Receive self-declaration sent by training organizations established under decision of ministries, central departments, central agencies, groups and corporations affiliated with ministries, central departments, central agencies;
b) Departments of Labor - War Invalids and Social Affairs of provinces and central-affiliated cities shall receive self-declaration sent by class A training organizations other than those under Clause 1 of this Article and not within competence of the Ministry of Labor - War Invalids and Social Affairs.
Article 28. Application and procedures for issuance, extension, addition, re-issuance, revision of certificate of eligibility to provide training of occupational safety and hygiene training organizationsPlease sign up or sign in to your TVPLPro Membership to see English documents.
a) If certificate for eligibility to operate expires, training organizations shall submit application for extension; if there is change to information in previously issued certificate of eligibility to provide training, training organizations shall submit application for issuance in accordance with Clause 1 of this Article;
b) If scope of operation is revised or added, the application consists of: Form No. 1 under Appendix II and Form No. 2 under Appendix II attached hereto;
c) If certificate of eligibility to provide training is damaged or lost, training organizations shall submit application for re-issuance;
d) If there is change to name of training organizations compared to that in the certificate of eligibility to provide training, training organizations shall submit application for revision of certificate and submit original copies of the current certificate.
3. Procedures for issuance, extension, addition, re-issuance, and revision of certificate of eligibility to provide training and disclosure of information of training organizations:
a) Organizations that wish to apply for issuance, extension, addition to scope of operation of certificate of eligibility to provide class B and class C training shall submit application in accordance with this Article to competent authorities for assessment and issuance of certificate of eligibility to provide training, extension, re-issuance, revision to organization name and pay assessment fees in accordance with regulations of the Ministry of Finance.
Training organizations shall submit application for extension to competent authorities at least 30 days before expiry date specified in the current certificate.
b) Organizations eligible to provide class A occupational safety and hygiene training and implement self-declaration shall submit application under this Article to competent authorities entitled to receive self-declaration.
c) Within 25 working days from the date on which adequate application is received, competent authorities must assess and issue certificate of eligibility to provide training and disclose on website information of organizations issued with certificate of eligibility to provide training and organizations eligible to provide class A training and implement self-declaration. Refusal to issue or disclose information and reason therefor must be sent to the applicants in writing.
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4. The application can be submitted directly at competent authorities, via post service, or via online public service portal.
Article 29. Enterprises providing internal occupational safety and hygiene training
1. Employers shall organize training and assume responsibilities for training quality for group 4 trainees by:
a) Organizing training by themselves if they meet trainer requirements under this Decree;
Article 30. Application form and time limit for issuance, re-issuance, and extension of certificate of eligibility to provide training
1. Certificate of eligibility to provide training
a) Certificate of eligibility to provide training issued by the Ministry of Labor - War Invalids and Social Affairs shall use Form No. 3 under Appendix II attached hereto;
b) Certificate of eligibility to provide training issued by Departments of Labor - War Invalids and Social Affairs shall use Form No. 4 under Appendix II attached hereto.
2. Effective period of issued or extended certificate of eligibility to provide training shall be 5 years. Effective period of re-issued certificate of eligibility to provide training shall be the remaining effective period.
Article 31. Revocation of certificate of eligibility to provide training, suspension of internal trainingPlease sign up or sign in to your TVPLPro Membership to see English documents.
Section 5. TRAINING FOR EMPLOYEES NOT WORKING UNDER EMPLOYMENT CONTRACT
Article 32. Financial support for employees doing work with strict occupational safety and hygiene requirements
1. Priority beneficiaries of financial support for occupational safety and hygiene training costs shall be employees of poor households, near-poor households, households recently escaping poverty, households of ethnic minorities, meritorious individuals, and close relatives of meritorious individuals who do not perform work with strict occupational safety and hygiene requirements under employment contracts.
2. Rules of financial support
a) Employees shall be eligible for a one-time financial support for each work with strict occupational safety and hygiene requirements;
b) Employees must fully attend training programs, pass exams, and obtain occupational safety card;
6. Labor - war invalids and social affairs authorities shall organize occupational safety and hygiene training for employees on the basis of approved funding.
Chapter IV
WORKING ENVIRONMENT MONITORING
Section 1. WORKING ENVIRONMENT MONITORING ORGANIZATIONS
Article 33. Eligibility of working environment monitoring organizations
Working environment monitoring organizations must meet requirements below:
1. The organizations are service providers or enterprises providing working environment monitoring service.
2. The organizations have sufficient personnel to conduct working environment monitoring:
a) Individuals directly in charge of working environment monitoring must:
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- Have at least 2 years of experience in monitoring working environment or 3 years of experience in preventive medicine;Please sign up or sign in to your TVPLPro Membership to see English documents.
- Evaluate labor burden, ergonomics, and occupational physiology: Evaluate physical labor burden; evaluate neuropsychological stress; evaluate ergonomics of working positions;
- Sample, preserve, measure, experiment at the scene and analyze in laboratories: dust particles, silica content in dust, metal dust, talcum powder, cotton dust, and asbestos dust;
- Sample, preserve, measure, experiment at the scene and analyze in laboratories: minimum chemical factors including NOx, SOx, CO, CO2, organic solvent (benzene and homologues - toluene, xylene), mercury, arsenic, TNT, nicotine, pesticides;
1. Declaration of eligibility for working environment monitoring consists of:
a) Form No. 1 under Appendix III attached hereto;
b) Form No. 2 under Appendix III attached hereto.
2. Procedures for declaring eligible for working environment monitoring:
a) Prior to implementing working environment monitoring, heads of working environment monitoring organizations shall submit declaration of eligibility for working environment monitoring under Clause 1 of this Article to the Ministry of Health (for organizations under management of ministries, central departments) or Departments of Health (for organizations under management of provinces and central-affiliated cities);
b) Within 30 days from the date on which the documents are received, the Ministry of Health or Departments of Health shall declare eligible for working environment monitoring on their website. If the applicants do not meet requirements, the Ministry of Health or Departments of Health shall respond in writing and state reason.
c) In case of online declaration of eligibility for working environment monitoring:
- Prepare physical documents and contents and convert to electronic format. Name of electronic documents must match that of physical documents;
- Information of written request for declaration and written declaration must be adequate and match that of digital documents;
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3. Working environment monitoring organizations are responsible for maintaining published eligibility under Article 33 hereof during operation.
4. Applicants are only allowed to conduct working environment monitoring after successfully declaring eligibility for working environment monitoring in accordance with Point b Clause 2 of this Article.
Section 2. REGULATIONS ON WORKING ENVIRONMENT MONITORING
Article 35. Rules for working environment monitoring
1. Conduct monitoring for all harmful factors listed under dossiers on occupational hygiene produced by the workplace.
In regard to working environment monitoring of arduous, toxic, hazardous works and occupations and extremely arduous, toxic, hazardous works and occupations, evaluation of labor burden, ergonomics, and occupational physiology under Clause 3 Article 33 hereof are required.
2. Working environment monitoring must be conducted in accordance with plan produced by the workplace and organizations eligible for working environment monitoring.
3. Working environment monitoring must satisfy requirements below:
a) It must be conducted during manufacturing, business hours of the workplace;
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c) In regard to working environment monitoring that utilizes method of rapid identification in case of suspicion, working environment monitoring organizations shall collect and analyze samples using appropriate methods in standard laboratories.
4. Harmful factors that need to be monitored and evaluated shall be added to dossiers on occupational hygiene when:
a) There is change to technology sequence, production procedures or there are risk of new harmful factors to employees’ health during renovation and upgrade of the workplace;
b) Working environment monitoring organizations request the addition while conducting working environment monitoring;
c) Competent authorities request the addition.
5. Costs for conducting working environment monitoring, evaluating occupational exposure, reporting, and managing of working environment monitoring organizations shall be incurred by employers.
6. Working environment monitoring organizations shall submit reports on new found or arising harmful factors at workplace whose permissible limits have not been regulated to the Ministry of Health or Departments of Health.
Article 36. Basis for developing working environment monitoring plans
1. Dossiers on occupational hygiene of workplace, manufacturing and business procedures, number of employees working in positions with harmful factors which serves to determine number of harmful factors, number of samples needed, and sampling location for each harmful factor.
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3. Microorganism, allergen, allergic, carcinogenic, and other harmful factors that potentially affect employees' health without being identified under dossiers on occupational hygiene.
Article 37. Working environment monitoring procedures
1. Prior to conducting working environment monitoring, working environment monitoring organizations shall make sure that machinery and equipment serving working environment monitoring are calibrated and adjusted as per the law.
2. Adequately comply with set working environment monitoring procedures.
3. Truthfully inform employers about working environment monitoring results.
4. If working environment monitoring results are not satisfactory, the workplace shall:
a) implement solutions for improving working conditions, minimizing harmful factors, and preventing occupational diseases;
b) organizing health examination to detect occupational diseases and occupation-related diseases of employees working in positions with unsatisfactory working environment;
c) provide perquisites for employees as per employment laws.
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1. Working environment monitoring results shall be produced using Form No. 4 under Appendix III attached hereto and made into 2 copies: 1 copy sent to workplace entering into contract for working environment monitoring and 1 copy sent to working environment monitoring organizations.
2. Storage duration of working environment monitoring results shall conform to regulations and law.
Chapter V
ORGANIZING IMPLEMENTATION
Article 39. Responsibilities of Ministry of Labor - War Invalids and Social Affairs
1. Organize communicating, publicizing, and guiding of this Decree on central mass media; organize training and guiding to enable ministries, central departments, local governments, organizations, and relevant unions to organize implementation and conduct inspection of the implementation of this Decree.
2. Regulate format, content, program, and organization of training, advanced training, examination regarding professional operation and training of occupational safety and hygiene trainers; refresher training for new information, policies, regulations, science, engineering pertaining to occupational safety and hygiene for trainers, heads of training organizations; solutions for managing, implementing occupational safety and hygiene training.
3. Develop database on technical inspection of occupational safety, occupational safety and hygiene training.
4. Implement state management in regard to machinery, equipment, materials, and substances with strict occupational safety and hygiene requirements in accordance with Appendix Ib attached hereto.
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6. Issue, extend, and re-issue Certificate of eligibility for technical inspection of occupational safety, certificate of eligibility to provide occupational safety and hygiene training; issue and re-issue inspector certificate under their management.
Publish organizations eligible to conduct occupational safety inspection and organizations eligible to provide occupational safety and hygiene training; organizations providing occupational safety inspection and organizations providing occupational safety and hygiene training that are suspended or having certificate of eligibility to operate revoked.
7. Provide guidance, organize implementation of training support policies for employees in areas where employment contracts are not required when doing work with strict occupational safety and hygiene requirements.
8. Take charge, cooperate in organizing annual and irregular inspection of organizations that conduct technical inspection of occupational safety, organizations that provide occupational safety and hygiene training, technical inspection of occupational safety, provision of occupational safety and hygiene training, working environment monitoring in manufacturing, business facilities.
9. Take charge and cooperate with competent authorities in settling complaints, disputes, denunciations pertaining to technical inspection of occupational safety, occupational safety and hygiene training, working environment monitoring as per the law.
10. On an annual basis, guide local governments to develop plans and estimates of expenditure on supporting training of employees in accordance with Article 32 hereof, consolidate and expenditure demand to the Ministry of Finance in order to request competent authority to decide on financial support expenditure according to state budget laws; produce estimates of training support expenditure and send to competent authority.
Article 40. Responsibilities of Ministry of Health
Article 42. Responsibilities of governing ministries
1. Regulate format, content, program, and organization of training, refresher training, and examination of inspection operation of machinery, equipment, materials, and substances with strict occupational safety and hygiene requirements for inspection subjects within their management competence; solutions for managing, implementing technical inspection of occupational safety within their competence.
2. Cooperate with Ministry of Labor - War Invalids and Social Affairs in developing detail framework program for field-specific training.
3. Cooperate with the Ministry of Labor - War Invalids and Social Affairs and Ministry of Health in inspecting technical inspection of occupational safety, occupational safety and hygiene training, workplace first-aid and emergency medical care training, and working environment monitoring.
4. Issue, extend, re-issue, and revoke certificate of eligibility for technical inspection of occupational safety; issue and re-issue inspector certificate.
5. Within 15 days from the date on which certificate of eligibility for technical inspection of occupational safety, ministries shall inform the Ministry of Labor - War Invalids and Social Affairs in writing about organizations with issued, extended, re-issued, revoked certificate of eligibility for technical inspection of occupational safety.
6. Implement state management in regard to machinery, equipment, materials, and substances with strict occupational safety and hygiene requirements in accordance with Appendix Ib attached hereto.
7. Consolidate and send reports on inspection of machinery, equipment, and materials with strict occupational safety requirements to the Ministry of Labor - War Invalids and Social Affairs before on an annual basis before December 25 of each year or on an irregular basis.
Article 43. Responsibilities of People’s Committees of provinces and central-affiliated cities
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2. Direct Departments of Labor - War Invalids and Social Affairs, Departments of Health, and relevant central departments to cooperate with local socio-political organizations in inspecting, examining, and guiding implementation of technical inspection of occupational safety, occupational safety and hygiene training, and working environment monitoring.
3. Consolidate support demand for training of employees not working under employment contracts when doing work with strict occupational safety and hygiene requirements the province and city and request People's Councils of the same level to decide.
Article 44. Responsibilities of organizations conducting technical inspection of occupational safety, organizations providing occupational safety and hygiene training, and working environment monitoring organizations
1. Maintain eligibility during operation in accordance with this Decree.
7. Adequately store legal documents and papers relating to technical inspection of occupational safety, occupational safety and hygiene training, and working environment monitoring.
8. Heads of organizations providing occupational safety and hygiene training must attend refresher training courses organized by the Ministry of Labor - War Invalids and Social Affairs every 2 years.
9. Heads of working environment monitoring organizations must attend refresher training courses organized by the Ministry of Health every 2 years.
Article 45. Responsibilities of manufacturing, business facilities
1. Organize review and classification of training subjects, list of machinery, equipment, and materials with strict occupational safety and hygiene requirements, list of working positions with risk of loss of occupational safety and hygiene; produce plan and organize technical inspection of occupational safety, occupational safety and hygiene training, and working environment monitoring as per the law. Update dossiers on occupational hygiene relating to harmful factors that require working environment monitoring in case of change to technology sequence, production procedures, renovation or upgrade of workplace where new factors harmful to employees’ health may arise.
2. Develop detail training program and documents based on group 4 framework training program and organize training for employees. If workplace does not provide training by themselves but by hiring training organizations, training organizations are responsible for developing training programs, documents which must contain training details appropriate to specific requirements of manufacturing, business facilities.
3. Send reports on technical inspection of occupational safety, occupational safety and hygiene training, and working environment monitoring to local state authorities where manufacturing, business facilities are based and where employees are working before December 31 of each year.
a) Include reports on technical inspection of occupational safety, occupational safety and hygiene training in reports on implementation of occupational safety and hygiene at workplace sent to Departments of Labor - War Invalids and Social Affairs;
b) Submit reports on working environment monitoring at workplace to Departments of Health.
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5. Incur costs for technical inspection of occupational safety, occupational safety and hygiene training, working environment monitoring, assessment of eligibility for internal occupational safety and hygiene training that are recorded as manufacturing and business expenses.
6. If employees are employed in form of all-inclusive contracts, via contractors, or outsourcing, employers (employers of outsourcing party in case of outsourcing) shall be responsible for organizing occupational safety and hygiene training for employees in accordance with this Decree.
7. Store documents such as: Dossiers and results of inspection of machinery and equipment with strict occupational safety and hygiene requirements; detail training programs, documents, list of trainees, inspection results, examination results, copies of proof of eligibility of trainers; documents and results of working environment monitoring.
Chapter VI
IMPLEMENTATION
Article 46. Transition clauses
1. Organizations conducting technical inspection of occupational safety, organizations providing occupational safety and hygiene training issued with certificate of eligibility to operate or acknowledged for eligibility to operate before the effective date hereof shall continue to operate for the full duration for which they are acknowledged. Inspection and training must satisfy conditions under this Decree.
2. Inspector certificate, trainer certificate, training certification, certificate of training completion issued before the effective date hereof shall remain valid for the full effective period.
3. Occupational safety and hygiene training within programs and projects of the Government or international organizations of Vietnam shall conform to eligibility of training organizations under this Decree; training attendees shall be issued with certificate of training completion, occupational safety card, or acknowledged for training results in accordance with this Decree.
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Pursuant to the Law on the Elderly dated November 23, 2009;
Pursuant to the Law on Persons with Disabilities dated June 17, 2010;
Pursuant to the Law on Employment dated November 16, 2013;
Pursuant to the Law on Social Insurance dated November 20, 2014;
Pursuant to the Law on Vocational Education dated November 17, 2014;
Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;
Pursuant to the Law on Investment dated November 26, 2014 and the Law on amendments to Article 6 and Appendix 4 regarding list of conditional lines of business and investment of the Law on Investment dated November 22, 2016;
Pursuant to Ordinance on Prostitution Prevention and Combat dated March 14, 2003;
At request of the Minister of Labor - War Invalids and Social Affairs;
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Decree No. 04/2023/ND-CP dated February 13, 2023 of the Government on amendments to Decrees relating to business conditions and administrative procedures under state management of the Ministry of Labor - War Invalids and Social Affairs has the following basis:
“Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Vocational Education dated November 17, 2014;
Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015; Pursuant to the Law on Enterprise dated June 17, 2020;
Pursuant to the Law on Investment dated June 17, 2020;
At request of the Minister of Labor - War Invalids and Social Affairs;
The Government promulgates Decree on amendments to Decrees relating to business conditions and administrative procedures under state management of the Ministry of Labor - War Invalids and Social Affairs.”
1. This Decree comes into force from the date of signing.
2. Administrative procedures arise before the effective date hereof shall comply with Decree No. 49/2018/ND-CP dated March 30, 2018 amended in accordance with Decree No. 140/2018/ND-CP dated October 8, 2018 on amendment to Decrees relating to business conditions and administrative procedures under state management of the Ministry of Labor - War Invalids and Social Affairs and Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government elaborating the Law on Occupational Safety and Hygiene regarding technical inspection of occupational safety, occupational safety and hygiene training, and working environment monitoring.
3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for guiding and implementing this Decree.”.
File gốc của Integrated document No. 2279/VBHN-BLDTBXH dated June 21, 2023 Decree on elaborating the Law on Occupational Safety and Hygiene regarding technical inspection of safety, occupational safety and hygiene training, and working environment monitoring đang được cập nhật.
Integrated document No. 2279/VBHN-BLDTBXH dated June 21, 2023 Decree on elaborating the Law on Occupational Safety and Hygiene regarding technical inspection of safety, occupational safety and hygiene training, and working environment monitoring
