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THE
MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
37/2005/TT-BLDTBXH
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Hanoi,
December 29, 2005
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CIRCULAR
GUIDELINES FOR OCCUPATIONAL SAFETY AND HEALTH TRAINING
Pursuant to Decree No. 06/CP
dated 20 January 1995 (as amended and suplemented) of the
Government detailing a number of articles of the Labour Code on
occupational safety and health, the Ministry of Labour, Invalids and
Social Affairs provides guidance on occupational safety and health training as
follows:
I. COVERAGE
AND WHO IS TRAINED
1. Coverage
This Circular shall apply to
enterprises, agencies, organizations and individuals recruiting employees
including:
a) Enterprises of all economic
sectors;
b) Households, individual
businesses, and co-operative business groups;
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d) Non-productive units;
producing, trading and services organizations, units of administrative and non-
productive agencies; political organizations, socio-political organizations,
socio-occupational organizations, other social organizations, enterprises of
the People Army and Police Forces; foreign or international organizations
located in the territory of the Socialist Republic of Vietnam except where an
international treaty concluded, or acceded to by the Socialist Republic of
Vietnam provides otherwise;
e) Other agencies and
individuals employing labour.
The enterprises, organizations
and agencies stipulated above are generally called establishments.
2. Who is
trained
a) Employees include:
- Working employees, new
recruits, apprenticees,
trainees and persons in a probation period at establishments;
- Self-employed persons hired
and recruited by establishments.
b) Employers and managers
(hereinafter referred to as employers) including:
- Owners of establishments or
persons authorized by the owners to manage activities of production, business
and services;
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- Manager directly run
construction sites, workshops or equivalent units.
c) Officials in charge of
occupational safety and health at establishments.
II. TRAINING
FOR EMPLOYEES
1. Content
of training
a) General provisions on
occupational safety and health
- Purpose and importance of
occupational safety and health;
- Rights and obligations of
employers, employees in implementing the regulations on occupational safety and
health; policies, regimes of labour
protection for employees;
- Internal rules on occupational
safety and health at establishments;
- Working conditions, dangerous
and hazardous factors relating to occupational accidents, diseases and preventative
measures;
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- Measures against various
problems and first aid for victims in cases of accidents and problems;
- Applications, usage and
preservation of personal protective equipment;
- Measures to self-improve
working conditions at the workplace.
b) Detailed provisions on
occupational safety and health at the workplace
- Production characteristics,
working procedures and regulations on occupational safety and health employees
shall strictly follow at work;
- Dangerous and hazardous
factors, possible risks at the workplace and preventative measures.
Employees including
self-employed persons performing jobs with strict requirements on occupational
safety and health as stipulated in Annex I enclosed with to this Circular shall
be provided with more detailed training for working procedures and measures
against problems besides the training content mentioned above.
2.
Training organization
a) Responsibility of training
organization
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b) Lecturers of occupational
safety and health courses shall be experienced, updated with knowledge of
occupational safety and health and appointed by the employers.
c) Form and time period of
training
- As for the first-time
training: new recruits, apprenticess,
trainees and persons in their probation period shall be adequately trained for
all the contents and regulations as stipulated at Article 1 Section II of this
Circular.
The period for the first-time
training shall be at least 2 days.
The first-time training for
employees including self-employed persons doing jobs with strict requirements
on occupational safety and health shall be at least 3 days.
- As for periodic training:
employers shall re-train or update knowledge for employees awareness of
occupational safety and health regulations relating to their duties.
The period of a periodic
training depends on the requirements on occupational safety and health of
establishments but shall be at least once a year and each training course shall
be at least 2 days.
- In the cases of employees
transferred from one job to another; changes in equipment, production
technology; or employees arranged work after a 6-month-and-above work stoppage,
occupational safety and health shall be provided for the employees
corresponding to new equipment, technology and duties.
d) The time period in which
employees are trained except for self-employed persons shall be included in the
working time and entitled to full wage and other benefits as stipulated by the
legislation. For trainees, apprentices and persons in a probation period,
entitlements during the training shall be referred to agreements in their
contracts.
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III. TRAINING
FOR EMPLOYERS
1. Content
of training
a) Overview of the system of
acts and legal documents, technical criteria and practice codes on occupational
safety and health;
b) Legal regulations of policies
and regimes for labour
protection;
c) Rights and obligations of
employers and employees for occupational safety and health;
d) Detailed regulations of State
Administrators on occupational safety and health on building, expanding, or
improving facilities, establishments to produce, use, preserve, store and
appraise machinery, equipment and substances with strict requirements on
occupational safety and health.
e) Dangerous and hazardous
factors in working environment; measures to improve working conditions;
f) Management and implementation
of regulations on occupational safety and health at the establishment:
- Organizational structure and
responsibility assigned for occupational safety and health;
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- Planning and disseminating regulations,
internal rules on occupational safety and health at the establishment,
workshops, units and safety procedures of machinery, equipment and substances;
- Propagading, educating,
training and organizing public movements to implement occupational safety and
health;
- Implementing policies and
regimes of labour
protection for employees;
- Checking and self-checking
occupational safety and health;
- Implementing the registration
and appraisail
of machinery, equipment and substances with strict requirements on occupational
safety and health;
- Declaring, investigating,
keeping records and periodically reporting occupational accidents and diseases.
- Keeping records, reporting and
reviewing occupational safety and health;
g) Responsibility and performance
of the establishments trade union for occupational safety and health;
h) Stipulations on
administrative pusnishment
against acts violating occupational safety and health regulations.
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a) Responsibility for training
organization
-The Department of Labour,
Invalids and Social Affairs, and the Administration Committee of an industrial
zone shall provide training and certificates for employers of establishments
headquartering in the locality as stipulated at Article 1, Section IV of this
Circular
- Ministries, Industries and
Corporations shall organize training and provide certificates for employers of
sub- establishments or coordinate with organizations and agencies licensed in
training occupational safety and health to provide training and certificates.
b) Lecturers of occupational
safety and health courses shall hold undergraduate degrees and above, having 5-
year-and-above exprience
in occupational safety and health and being appointed by the training
organizer.
c) Form and period of training
- As for the first-time
training: after taking the duty employers shall be adequately trained for the
contents as stipulated at Article 1, Section III of this Circular.
The period for the first-time
training: at least 2 days for establishments owners or persons authorized by
the owners to run the business, directors, deputy directors, chairpersons of
organizations and agencies directly recruiting labour; and at least 3
days for managers directly running construction sites, workshops and equivalent
units.
- As for periodic training:
employers shall be periodically trained to update information, acts, legal
documents and new knowledge of occupational safety and health.
A periodic training shall be
organized at least every 3 years and last for at least 2 days for
establishments owners or persons authorized by owners to run the business,
directors, deputy directors, chairpersons of organizations and agencies
directly recruiting labour.
A periodic training for managers directly running construction sites, workshops
and equivalent units shall be at least once a year and last for at least 2
days.
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e) Expenses to organize training
courses shall be paid by establishments who send their staff to take part in
training courses.
IV. TRAINING
FOR OFFICIALS IN CHARGE OF OCCUPATIONAL SAFETY AND HEALTH AT ESTABLISHMENTS
1.
Training content
Besides the training contents as
applicable to employers as stipulated at Article 1, Section III of this
Circular officials in charge of occupational safety and health at
establishments shall be trained for other contents as follows:
- Methods to identify dangerous
and hazardous factors in working environment;
- Safety techniques and
preventative measures against fire and explosion; techniques of occupational
safety and health, and improvements of working conditions;
- Methods to implement the
control and self-control of occupational safety and health at the establishment;
- Skills to declare,
investigate, make reports, keep statistics and periodically report occupational
accidents and diseases.
2.
Training organization
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- The Department of Labour,
Invalids ans
Social Affairs shall organize training and provide certificates for
occupational safety and health officials of establishments headquartering in
the locality.
- Ministries, Industries and
Corporations shall organize training and provide certificates for occupational
safety and health officials of their Corporations, subordinates or coordinate
with organizations and agencies licensed to train, improve knowledge and
provide certificates for occupational safety and health officials.
b) Forms and training period
- As for the first-time
training: occupational safety and health officials shall be adequately trained
for the contents as mentioned in Article 1, Section IV of this Circular.
The period for the first-time
training shall be at least 3 days.
- As for period training:
occupational safety and health officials shall be periodically trained to
update information, acts, legal documents and new knowledge of occupational
safety and health.
Periodic training shall be
organized at least every year and last for at least 2 days.
c) Regulations on occupational
safety and health lecturers; entitlements during the training period; expenses
to organize training courses for occupational safety and health officials shall
follow regulations as applicable to employers (at Points b,d and e; Article 2;
Section III of this Circular).
V. DOCUMENTS
ON OCCUPATIONAL SAFETY AND HEALTH TRAINING
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a) Acts and legal documents on occupational
safety and health, and other areas related;
b) Criteria and practice codes
of the State and the Industry on occupational safety and health.
c) Regulations of Ministries,
Industries, provinces and cities under the Centre and organizations authorized
to administrate occupational safety and health (as applicable within
Ministries, Industries, localities and units)
d) Technical documents relating
to machinery, equipment and chemicals;
e) Scientific documents and
information with reference to occupational safety and health;
f) Internal rules on
occupational safety and health at undertakings; practice codes on safety for
machinery, equipment and substances as stipulated by establishments.
2.
Preparation of training content
a) The training organizer shall
prepare training documents based on the training content of each trained
subject as stipulated at Article 1, Section II; Article 1, Section III and
Article 1; Section IV of this Circular. The training content shall be in
accordance with characteristics, safety requirements and particular trained
subjects at the establishment. The training content shall include both theory
and case studies.
b) Ministries and Industries
shall prepare training documents on occupational safety and health for each
specialization.
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1.
Certification of training attendance
a) A certificate of occupational
safety and health training attendance shall be issued to employers and occupational
safety and health officials after they meet the requirements of training tests.
b) The training organizer shall
be responsible for printing, issuing and administrating certificates on
occupational safety and health training attendance as referred to a form in
Annex II of this Circular.
c) Employers and occupational
safety and health officials shall be responsible for presenting the training
attendance certificate at the request of inspection, checking committees on
occupational safety and health.
2.
Occupational safety card
a) Occupational safety cards
shall be printed, issued and administrated by Departments of Labour,
Invalids and Social Affairs as referred to a given form in Annex III of this
Circular.
b) The training organizer shall
be responsible for issuing occupational safety cards to employees including
self-employed persons who perform jobs with strict requirements on occupational
safety and health after the employees are trained for the first time and meet
requirements of the tests.
c) Cases issued with
occupational safety cards shall include:
- Employees recruited and
arranged the first job;
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- Changes of machinery, equipment
and technology with strict requirements on occupational safety and health.
d) Cards shall not be re-issued
for annually periodic training. Cards of employees violating regulations on
occupational safety and health or having stopped the job since 6 months shall
be revoked by employers. Employees who continue to do jobs with strict
requirements on occupational safety and health shall be tested and issued with
new cards by employers if they meet the test requirements.
e) The validity of an occupational
safety card shall be 5 years. When a card is expired the employee shall be
issued with a new card if requirements of the tests are satisfied. Failures
shall be re-trained and re-tested.
The re-testing shall be arranged
by the establishment recruiting labour.
f) Employees whose cards are
lost or damaged can apply for consideration of card reissuance.
g) Employees at work shall wear
occupational safety cards and demonstrate their cards at the request of
employers and inspecting, checking groups on occupational safety and health.
VII.
IMPLEMENTATION ORGANIZATION
1.
Responsibility of establishments
a) Annually establishments shall
make a plan and organize occupational safety and health training. The plan
shall clearly state the content and the number of each trainee group,
lecturers, date, expenses and facilities available for training.
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c) Establishments located in the
same locality or operating in the same business sector can cooperate with one
another or with organizations, agencies licensed in training occupational
safety and health to provide training for their employees.
d) In case an establishment
hires an intermediary to perform its production and business activities or
permit employees of another establishment to use its facilities, the
establishment owner shall clearly assign the responsibility of the
intermediary, the head of the occupational safety and health training group as
well as supervise and control their operation at the same time.
e) In the cases of persons who
visit or be on probation at the establishment, subject to requirements on
occupational safety and health, the employer shall be responsible for
instructing and determining the time to provide guidance on occupational safety
and health. After being instructed, the outsiders shall sign in the record book
on occupational safety and health at the establishment.
f) Every year establishments
shall report the list of employees involved in jobs with strict requirements on
occupational safety and health to the Department of Labour, Invalids and
Social Affairs, and their governing agencies for administration; review and
periodic report on occupational safety and health training as stipulated in
Inter-Ministerial Circular No. 14/1998/TTLT-BLDTBXH-BYT-TLDLDVN dated 31
October 1998 of the Ministry of Labour, Invalids and Social Affairs, the
Ministry of Health and the Vietnam General Confederation of Labour.
2. Departments of Labour,
Invalids and Social Affairs shall be responsible for assisting
Provincial/Municipal Peoples Committees in their localities for unified administration
of occupational safety and health training, particularly training and issuance
of occupational safety cards for employees involved in jobs with strict
occupational safety and health requirements.
3. Ministries, Industries,
Provincial/Municipal Peoples Committees shall be responsible for steering,
supervising and speeding up their subordinates to implement occupational safety
and health training as stipulated by the law; annually reviewing, reporting the
occupational safety and health training of Ministries, Industries, localities
to the Ministry of Labour,
Invalids and Social Affairs.
VIII.
IMPLEMENTATION PROVISIONS
1. This Circular comes into
effects 15 days after being published on the Official Gazette.
2. Circular No. 08/LDTBXH-TT
dated 11 April 1995 of the Ministry of Labour, Invalids and
Social Affairs providing guidance on training of occupational safety and
health; Circular No. 23/LDTBXH-TT dated 19 September 1995 of the Ministry of Labour,
Invalids and Social Affairs guiding supplements to Circular No.08/LDTBXH-TT
dated 11 April 1995 of the Ministry of Labour, Invalids and
Social Affairs providing guidance on training of occupational safety and
health; and other documents contrary to the regulations of this Circular are
repealed.
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THE MINISTER OF
LABOUR, INVALIDS AND SOCIAL AFFAIRS
Nguyen Thi
Hang
ANNEX I
LIST OF JOBS WITH STRICT REQUIREMENTS ON
OCCUPATIONAL SAFETY AND HEALTH
(Enclosed with Circular No.37/2005/TT-BLDTBXH dated 29 December 2005 of the
Ministry of Labour, Invalids and Social Affairs)
1. Jobs performed in environment
with harmful factors such as hazardous chemicals, radioactive substances,
pathogenic microorganisms causing diseases, etc;
2. Jobs regularly exposed to
electricity sources and equipment with high risk of accidents;
3. Jobs in relation to
producing, using, storing and transporting various explosives and explosive
means such as detonators, explosive lines, delay lines, etc;
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5. Jobs performed in environment
with high noise and humidity;
6. Drilling, excavating
mine-shafts, deep pits; exploiting minerals and mining;
7. Jobs at high and dangerous
places, on rivers, on the sea, and deeply underwater;
8. Operating and repairing steam
boilers, systems preparing and charging gas, pressure-resistant tanks and
barrels, freezing systems, steam pipelines, gas pipelines; transporting
compressed gas, liquidized gas and water-soluble gas;
9. Operating and repairing
various lifting equipment, excavators, forklift trucks, lifting equipment
without cable or chain, elevators and escalators;
10. Operating and repairing
sawing, cutting, forging, stamping, grinding, mixing, etc machines with high
risk of accidents such as hair and limb catching, hitting, pressing, etc.
11. Exploiting forest products,
aquatic products; exploring and exploiting oil and gas;
12. Operating, repairing and
maintaining machinery, equipment in caves, holds;
13. Painting, welding in
airtight tanks, caves, tunnels, holds;
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15. Operating, maintain and
checking entertainment devices such as ferris wheels, telphers, devices creating
strong sensation entertainment places./.
ANNEX IV
RECORD BOOK ON OCCUPATIONAL SAFETY AND HEALTH
(Enclosed with Circular No.37/2005/TT-BLDTBXH dated 29 December 2005 of the
Ministry of Labour, Invalids and Social Affairs)
FORM
No. 1
(Applied
to employee/employer/occupational safety and health official at the
establishment)
TRAINING
OF OCCUPATIONAL SAFETY AND HEALTH FOR ............(1)
1. Name of the training
organizer :
2. Training period: From
day/month...to day/month/year
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4. Lecturer (Name, title,
qualification)
5. Name of the training course
organizer (Name, title, qualification)
6. List of attendants:
No.
Full
name
Birth
Year
Occupation
Workplace
Training
form
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Signature
of attendant
First
time
Periodic
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Lecturer/Training
provider
(Signature, stamp)
Chairperson
(Signature, stamp)
FORM
No. 2
(Applied
to visitors, persons coming for business relationship and trainees at the
establishment)
GUIDING
OSH FOR VISITORS, PERSONS COMING FOR BUSINESS RELATIONSHIP AND TRAINEES AT THE
ESTABLISHMENT
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2. Guiding period:
3. Guiding content:
4. List of guided persons:
No.
Full
name
Birth
Year
Occupation
Workplace
Signature
of guided person
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*Note:
• (1): Employee, employer or OSH
official at the establishment.
• The training record book shall
be stamped.