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VIETNAM
MINISTRY OF NATIONAL DEFENCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2017/TT-BQP
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Hanoi, January 5,
2017
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CIRCULAR
ON OCCUPATIONAL
SAFETY AND HEALTH TRAINING
Pursuant to the Law on Issuance of Legislative
Documents dated June 22, 2015;
Pursuant to the Government's Decree No.
44/2016/ND-CP dated May 15, 2016, elaborating on several articles of the Law on
Occupational Safety and Health on technical inspection of occupational safety,
occupational safety and health training and worksite environment observation;
Pursuant to the Government's Decree No.
35/2013/ND-CP dated April 22, 2013, setting out regulations on functions,
tasks, powers and organizational structure of the Ministry of National Defence;
Upon the request of the Director of the General
Department of Engineering,
The Minister of National Defence herein
promulgates the Circular setting out regulations on occupational safety and
health training.
Chapter I
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Article 1. Scope
This Circular prescribes and provides detailed
instructions on occupational safety and health (OSH) training at the workplace
of the Ministry of National Defence, including: Instructions regarding
occupational safety and health trainees and courses; organization of OSH
training activities and responsibilities of participating units.
Article 2. Subjects of application
1. Commanders (employers); military service
members, workers, personnel; employees working under contracts; vocational
probationers, trainees, apprentices (employees) at employing entities or
enterprises (including enterprises setting up joint venture with foreign
partners) under the control of the Ministry of National Defence.
2. Related agencies, units, organizations and
persons.
Chapter II
TRAINEES, TRAINING COURSES, GENERAL OSH TRAINING
REQUIREMENTS
Article 3. Trainees
1. 1st Group: Persons holding commanding
or managerial posts
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b) Deputies of units stipulated in point a of
clause 1 of this Article who are in charge of OSH activities;
c) Chief engineers and deputy chief engineers of
regiment-, division- and equivalent-level units; supervisors or vice
supervisors of tactical-, operational- and strategic-level arms, ammunition,
chemical and petrol depots.
2. 2nd Group: Persons performing OSH
work
a) Officials that units defined in clause 1 of this
Article assign as full-timers or part-timers to be in charge of OSH activities;
b) Persons directly supervising OSH at the
workplace.
3. 3rd Group: Employees working under
stringent conditions concerning OSH in accordance with Appendix I hereto.
4. 4th Group: Employees not in the
groups referred to in clause 1, 2, 3 and 5 of this Article (even including
foreign employees working at military enterprises; employees working at
enterprises entering into joint venture with foreign partners; vocational
trainees, apprentices, probationers at employing units; militia and reserve
forces when on duty to accomplish national defence and security goals).
5. 5th Group: Persons performing medical
work.
6. 6th Group: Persons participating in
the network of OSH wardens (hereinafter referred to as OSH wardens).
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1. Each training course for trainees in the 1st
Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks on OSH of
the Ministry of National Defence;
b) Training courses on OSH activities, including:
Organization, management and implementation of regulations on OSH at the
workplace. Rights and obligations of commanders and employees that arise in OSH
activities. Division of OSH responsibilities; delegation of authority over OSH
tasks; scope of OSH activities or operations of affiliates of employing units. Basic
knowledge about hazards at the workplace; measures for prevention and
improvement of work conditions. Workplace OSH culture.
2. Each training course for trainees in the 2nd
Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal
normative documents on OSH of the Ministry of National Defence;
b) Training courses on OSH activities, including:
Organization, management and implementation of regulations on OSH at the workplace.
Formulation of internal rules, regulations, regulatory procedures and OSH
management measures. Division of responsibilities and rights of commanders and
employees that arise in OSH activities. Basic knowledge about hazards at the
workplace; measures for prevention and improvement of work conditions.
Formulation and execution of annual OSH plans. Analysis and assessment of
hazard factors and formulation of emergency response plans. Formulation of OSH
management systems; self-inspection; workplace incident investigation. Safety
technical inspection; management of machinery, equipment, supplies and
substances subject to strict OSH requirements. Training, communication,
dissemination of information about OSH and workplace environment observation.
First aid or emergency care, occupational disease prevention and control for
employees. Competition, rewarding, disciplinary actions, statistics and
reporting of OSH practices;
c) Specialized training modules or topics: General
knowledge about machinery, equipment, supplies and substances creating hazards;
procedures for safe use of machinery, equipment, supplies and substances
subject to strict OSH requirements. Basic technical, professional and
industry-based knowledge associated with duties of employing entities and
enterprises.
3. Each training course for trainees in the 3rd
Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal
normative documents on OSH of the Ministry of National Defence;
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c) Specialized training modules or topics: General
knowledge about machinery, equipment, supplies and substances creating hazards;
methods for analysis, assessment and management of risks related to work
subject to stringent OSH requirements; safe work procedures; OSH practices
related to employees’ specific work.
4. Each training course for trainees in the 4th
Group comprises the following topics or modules:
a) Rights and obligations of employers and
employees. Regulatory policies and regulations on OSH practices for employees.
Basic knowledge about hazards at the workplace; measures for improvement of
work conditions. Functions and duties of OSH wardens; safety culture at work.
Internal OSH rules and regulations; safety signs and signals; use of safety
equipment and personal safety equipment; first aid skills and practical
training in case of incidents at work, prevention and control of occupational
diseases;
b) Direct worksite training modules: Specific work
procedures and requirements concerning OSH practices at workplace.
5. Each training course for trainees in the 5th
Group comprises the following topics or modules:
a) Regulatory policy and legal frameworks; legal
normative documents on OSH of the Ministry of National Defence;
b) Organization and management structure;
implementation of regulations on OSH at the workplace. Division of
responsibilities and entitlements regarding OSH activities. Basic knowledge
about hazards at the workplace; measures for prevention and improvement of work
conditions; safety culture at worksite;
c) Training for certification of occupational
health profession: Hazards at workplace; workplace environment observation for
assessment of hazards. Preparation of workplace OSH dossiers; common
occupational diseases and prevention and control measures. Conduct of
occupational disease examination, pre-placement medical examination,
preparation of occupational disease inspection dossiers; first aid, emergency
care management and skills. Prevention and control of diseases at worksite;
food safety; sampling and sample storage procedures. Payment of benefits in
kind and nutrition benefits at the workplace. Improvement of workplace health,
prevention and control of non-communicable diseases at the workplace.
Knowledge, skills and methods for formulation of plans, schemes, and provision
of equipment and conditions necessary for implementation of OSH practices.
Methods for educational communication of OSH practices; prevention and control
of occupational diseases at work. Preparation and management of information
about OSH and diseases at the workplace; preparation and management of medical
dossiers of employees and patients at work. Liaison with persons in charge of
OSH activities or with OSH divisions for accomplishment of related duties.
6. Each training course for trainees in the 6th
Group comprises the following topics or modules:
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Article 5. Initial training required duration
1. The required minimum duration of the initial
training courses for the 1st Group and 4th Group must be
16 hours, including test duration.
2. The required minimum duration of the initial
training courses for the 2nd Group must be 48 hours, including
theoretical, practical training and test duration.
3. The required minimum duration of the initial
training courses for the 3rd Group must be 24 hours, including test
duration.
4. The required minimum duration of the initial
training courses for the 5th Group must be 56 hours, including test
duration. This required minimum duration must be divided into at least 40
hours' training for certification of occupational health profession, and at
least 16 hours' training in OSH.
5. The required minimum duration of the initial
training courses for the 6th Group must be 4 hours, regardless of
duration of OSH training modules in which group members have already been
trained.
Article 6. OSH knowledge sharing sessions, OSH
skill training courses and periodic training
1. Training providers or self-training organizers
shall, based on the framework curriculum released by the Minister of National
Defence, design their training curriculums and syllabuses meeting actual
demands.
2. OSH knowledge sharing sessions, OSH skill
training courses and periodic training shall be subject to Article 21 in the
Government's Decree No. 44/2016/ND-CP dated May 15, 2016, elaborating on
several articles of the Law on Occupational Safety and Health in terms of
technical inspection of occupational safety, occupational safety and health
training and worksite environment observation (hereinafter referred to as
Decree No. 44/2016/ND-CP).
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Chapter III
ORGANIZATION OF OSH TRAINING
Article 7. Standards for OSH trainers
1. Qualified trainers must meet professional
qualification standards prescribed in Article 22 in the Decree No. 44/2016/ND-CP.
2. Regarding political standards, eligible trainers
must have clear biodata; must be healthy to serve in the military; must have
good moral conduct; must have strong political beliefs; must be ready to take
on all assigned tasks.
3. They must work in a consecutive manner and
obtain confirmation from competent agencies at the regiment, equivalent or
higher level.
Article 8. Management of certification of
completion of OSH course, issuance of occupational safety cards and
certification of occupational health profession
1. Certification of completion of OSH course and
issuance occupational safety cards shall be managed according to point a of
clause 1 and point a of clause 2 of Article 24 in the Decree No. 44/2016/ND-CP.
The sample certificate of completion of OSH course
is given in Appendix III hereto; the sample occupational safety card is given
in Appendix IV hereto.
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a) Certification of occupational health profession
shall be subject to clause 3 of Article 24 in the Decree No. 44/2016/ND-CP;
b) The Military Institute for Preventive
Medicine/Directorate of Military Medicine; Southern Military Center for
Preventive Medicine/ Directorate of Military Medicine must confer certificates
of occupational health profession upon trainees in occupational health
specialization after these trainees pass the test;
c) The sample certificate of occupational health profession
is shown in Appendix V hereto.
4. Logbooks of trainees in the 4th Group
a) Commanders of at least regiment- or
equivalent-level military units must record Group-4 trainees’ performance in
the training logbooks kept at the workplace;
b) Trainee logbooks shall be created by using Form
No. 03 of Appendix VI hereto.
5. Training providers, agencies or units qualified
for self-training must keep logbooks of certification of completion of OSH
course, issuance of occupational safety cards and certification of occupational
health profession by completing Form No. 01 and 02 of Appendix VI hereto.
Article 9. Issuance or certification time limits
and validity period
1. Each certificate of completion of OSH course or
occupational safety card lasts for 02 years. Each certificate of occupational
health profession lasts for 05 years.
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Article 10. Classification of training providers
and conditions for certification of conformance to OSH training regulations
Classification of training providers and conditions
for certification of conformance to OSH training regulations shall be subject
to Article 26 in the Decree No. 44/2016/ND-CP.
Article 11. Authority over, application
requirements and procedures for issuance, reissuance, renewal or revocation of
certificates of conformance to OSH training regulations; recognition as medical
establishments fully qualified for training for certification of occupational
health profession
1. Authority over, application requirements and
procedures for issuance, reissuance, renewal or revocation of certificates of
conformance to OSH training regulations; recognition as medical establishments
fully qualified for training for certification of occupational health
profession are prescribed in Article 27 in the Decree No. 44/2016/ND-CP.
2. The General Department of Engineering shall
cooperate with competent authorities on organizing training courses for
issuance, reissuance, renewal or revocation of certificates of conformance to
OSH training regulations Grade-B and Grade-C for requesting units in accordance
with clause 1 of this Article.
3. The Directorate of Military Medicine shall
cooperate with competent authorities on organizing training courses for
issuance, reissuance, renewal or revocation of certificates of occupational
health profession for requesting units qualified for provision of training
courses for certification of occupational health in accordance with clause 1 of
this Article.
4. Application requirements and procedures for
issuance, reissuance or renewal of certificates of conformance to occupational
safety and hygiene training regulations of training providers; recognition as
medical establishments fully qualified for training for certification of
occupational health profession shall be subject to clause 1, 2 and 3 of Article
26 in the Decree No. 44/2016/ND-CP.
5. Procedures for issuance, reissuance or renewal
of certificates of conformance to OSH training regulations:
Applicants for issuance, reissuance or renewal of
certificates of conformance to OSH training regulations must prepare one set of
application documents specified in clause 2 of this Article for submission to
the General Department of Engineering with respect to their OSH training
courses; to the Directorate of Military Medicine under the Ministry of National
Defence with respect to their occupational health training courses in order to
serve the purpose of carrying out the pre-certification inspection of
conformance to training regulations;
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Within 30 working days of receipt of all valid
applications, competent authorities must carry out the pre-certification inspection
and issue the certificate of conformance to training regulations. In case of
rejection, the written notice of such rejection, clearly stating reasons for
rejection, must be sent to the applicant.
6. Steps in announcing medical establishments fully
qualified for training in certification of occupational health profession:
Before each training course for certification of
occupational health profession takes place, medical establishments must submit
the documents included in the written request package for announcement of
conformance to requirements for eligibility for certification of occupational
health profession to the Directorate of Military Medicine; the documents
included in the written request package are specified in clause 4 of this
Article;
Within 30 days of receipt of all required
documents, the Directorate of Military Medicine reviews the submitted documents
and issues its decision on announcement of medical establishments fully
qualified for training in certification of occupational health profession; in
case of failure to meet training regulations, the written response, including
clear reasons for such failure, must be sent.
7. Regarding self-training units
a) Commanders of at least regiment- or
equivalent-level military units are in charge of organizing training courses
and take their sole responsibility for ensuring training quality, issuing
occupational safety cards to Group-3 trainees in accordance with law, recording
course outcomes of Group-4 trainees in the trainee logbooks at the workplace
according to training types;
b) Procedures for consideration and assessment of
eligibility for provision of training courses of OSH self-training units:
Units applying for permission for OSH self-training
prepare a set of documents evidencing their conformance to training regulations
stated in clause 4 of this Article for submission to competent authorities in
accordance with regulations in force;
Within 30 days of receipt of all valid documents,
competent authorities shall review these documents and notify requesting units
of any flaws causing them not to conform to regulatory requirements;
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5 years after the completed assessment of
conformance to training regulations, applicants for self-training permission
must send application to competent authorities to seek their consent to
re-assessment of conformance to training regulations if they wish to extend
permission for provision of self-training courses.
a) The certificate of conformance to OSH training
regulations is issued by the General Department of Engineering by completing
the Form No. 01 of Appendix VIII hereto; the certificate of conformance to OSH
training regulations is issued by the Engineering Authority or the
Administration for Occupational Safety and Health affiliated to the Ministry of
National Defence by completing the Form No. 02 of Appendix VIII hereto.
b) Validity duration of the certificate of
conformance to OSH training regulations must be 05 years if it is issued or
renewed. In case of reissuance of the certificate of conformance to OSH
training regulations, the validity period of the reissued certificate is the
remaining validity period of the preexisting certificate.
9. The certificate of conformance to OSH training
regulations shall be revoked if the training provider issuing such certificate
violates regulations of this Circular during the training process.
Article 12. Decentralization in organization of
OSH training
1. Units directly controlled by the Ministry of
National Defence shall act as the managing agencies:
a) The commander of a unit directly controlled by
the Ministry of National Defence are vested with authority to provide training
courses and grant the certificate of completion of OSH training course to
trainees in the 1st, 2nd and 5th Group that
work for its subordinates;
b) Department of Engineering or the Administration
for Occupational Safety and Health of a unit directly controlled by the
Ministry of National Defence is accorded authority to provide training courses
and grant the certificate of completion of OSH training course to other
trainees in the 1st, 2nd, 5th and trainees in
the 6th Group that work for local units ranked as high as regiments
and equivalents;
c) Department of Military Medicine is authorized to
take charge of cooperating with the relevant competent authority on providing
training courses and grant the certificate of occupational health profession to
trainees in the 5th Group.
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3. The General Department of Engineering shall be
authorized to provide training courses involving the whole military: Update and
propagate regulatory policy and legal framework and legal normative documents
on OSH of the Ministry of National Defence. Update and disseminate information
about the scope of OSH-related activities and basic OSH knowledge. Train in and
provide updated general knowledge of machines, equipment, supplies and
substances creating hazards; risk analysis, assessment and management methods
related to machines, equipment, supplies and substances, as well as stringent
OSH requirements.
4. The Directorate of Military Medicine/the
Ministry of National Defence shall be accorded authority to organize training
courses involving the whole military: Update and propagate regulatory policy
and legal framework and legal normative documents on OSH of the Ministry of
National Defence. Update and disseminate information about the scope of OSH-related
activities and basic OSH knowledge. Train in and provide updated knowledge
about workplace environment observation and assessment; knowledge, skills and
methods for formulation of plans, schemes, and provision of equipment and
conditions necessary for implementation of OSH practices; Train in and provide
updated information about methods for educational communication of OSH
practices; prevention and control of occupational diseases at work. Train in
and provide updated information about work environment, common occupational
diseases and measures for prevention and control of occupational diseases;
first aid, emergency care and disease management skills; management of OSH and
occupational disease information at work; management of health dossiers of
employees and health dossiers of patients suffering occupational diseases.
Article 13. Trainee benefits and training budget
1. Period of participation in training courses of
trainees referred to in Article 2 herein shall be counted as working hours, enable
them to have access to full payment of wages, salaries and other Government and
Military-funded benefits; if trainees are employees working under contracts,
vocational trainees, apprentices or probationers, benefits to be applied during
the OSH training period must conform to contractual terms and conditions.
2. Provision of training courses, printing of the
certificates of completion of OSH training course, occupational safety cards
and certificates of occupational health profession shall be funded by recurrent
expenditures of budgetary units; for accounting or economic entities, training
costs and expenses shall be recorded in the accounts of product costs or
product circulation costs.
3. Commanders of military units or enterprises
(briefly called employers) may be entitled to OSH training budgets when
complying with law on insurance against occupational incidents and diseases,
and OSH training and employees participating in training courses whose periods
of payment of contributions to occupational accident or disease insurance plans
are legally prescribed.
Chapter IV
RESPONSIBILITIES OF INVOLVED UNITS
Article 14. Responsibilities of the General
Department of Engineering
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2. Inspect, examine and supervise OSH training
activities in the whole military; detect and propose sanctions against
violations.
3. Lead cooperation with the social insurance
agency under the Ministry of National Defence on providing specific
instructions about dossiers and procedures for payment of benefits for trainees
in the whole military that participate in OSH training activities.
4. Lead cooperation with competent authorities
under the Ministry of National Defence on settlement of complaints and claims
related to OSH training practices.
5. Prepare periodic preliminary and final review
reports on performance related to OSH training activities for submission to the
management of the Ministry of the Ministry of National Defence.
Article 15. Responsibilities of Department of
Military Training/General Staff
1. Cooperate with the General Department of
Engineering on ensuring consistency and unity of OSH training courses, types
and durations of training courses intended for trainees specified in Article 2
herein who are employed by military units ready to deploy.
2. Review regulatory documents on training for
readiness for engagement in combats; report on supplements to OSH activities in
case of omission to the Chief of the General Staff of Vietnam People’s Army in
order to give instructions and guidance on uniform implementation thereof in
the whole military.
Article 16. Responsibilities of commanders of
units directly affiliated to the Ministry of National Defence
1. Provide propagation sessions on implementation
of this Circular for local units under their authority.
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3. Instruct financial authorities to estimate
OSH-related costs and expenses; to fund, pay or settle costs and expenses
incurred as financial support for OSH activities.
4. Conduct the inspection and supervision of OSH
training activities occurring at their subordinate units.
5. Submit six-monthly and full-year update reports
on progress and performance related to OSH training activities to the Ministry
of National Defence (via the General Department of Engineering).
Article 17. Responsibilities of local units
1. Annually, regiment-, equivalent- or higher-level
units, enterprises and public service units are required to prepare OSH
training plans provided for trainees defined in Article 3 and carry out these
plans to organize OSH training courses as provided in clause 2 of Article 12
herein. Each training plan needs to clarify training curriculums, the number of
trainees in group, trainers, training documents, time, budget and facilities
necessary for training activities.
2. Prepare logbooks of OSH training activities by
completing the Form shown in Appendix VI hereto. All trainee logbooks, training
documents and test answer sheets must be kept at their office, and provided
where required.
3. If regiment-, equivalent- or higher-level units,
enterprises and public service units falling within the same area of
responsibility of a managing agency under the Ministry of National Defence have
their functions and duties, or the nature of their duties is, subject to the
similar OSH requirements, they may cooperate with each other, or other agencies
or units in local areas where there are trainers fully meeting the standards
specified in Article 7 for provision of specific training courses, or with
units receiving certificates of conformance to OSH training regulations under
Article 11 herein, on organizing training courses designed for specific groups
of trainees working for the former.
4. Where units receive transferees from other units
to work, receiving units must clearly differentiate responsibilities of
commanders of units sending their personnel for organizing OSH training
courses; must closely check and supervise implementation and be responsible for
ensuring OSH protection for transferees.
5. Where there are external persons making
inspection or apprenticeship visits or field trips to units under discussion,
depending on OSH requirements, commanders of these units shall be responsible
for training and guiding them. After being trained or guided, persons who are
trained or guided must sign their name in the OSH training logbooks.
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7. Regiment-, equivalent- or higher-level units
shall make cost estimates, use expenditures and settle costs and expenses for
OSH training activities in accordance with regulations in force.
Chapter V
IMPLEMENTATION PROVISIONS
Article 18. Transition provisions
Certificates of conformance to OSH training
regulations or certificates of OSH training profession that were issued under
the Circular No. 143/2014/TT-BQP dated October 22, 2014 before the entry into
force of this Circular shall continue to be valid according to the validity
periods specified in these certificates.
Article 19. Entry into force
This Circular is entering into force as from
February 20, 2017 as a replacement for the Circular No. 143/2014/TT-BQP dated
October 22, 2014 of the Minister of National Defence on OSH training in the
military.
Article 20. Implementation responsibilities
1. The Director of the General Department of
Engineering; heads of relevant agencies or units shall be responsible for
implementing this Circular.
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PP. MINISTER
DEPUTY MINISTER
Senior Lieutenant-General Be Xuan Truong