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MINISTRY OF
LABOR - WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
2279/VBHN-BLDTBXH
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Hanoi, June 21,
2023
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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 safety2
1. An organization shall be
issued with Certificate of eligibility for technical inspection of occupational
safety (hereinafter referred to as “Certificate of eligibility”) when they meet
all requirements below:
a) The organization ensures
inspection equipment and tools for each inspection subject according to
requirements under inspection procedures, national technical regulations on
occupational safety and hygiene.
b) The organization has at least
2 affiliated inspectors working under fixed-term contracts of at least 12
months who will conduct inspection for each inspection subject within the scope
under application for Certificate of eligibility.
c) Technical personnel in
charge of inspection operation of the organization must have spent at least 2
years working as inspectors.
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Article 5. Application and
procedures for issuance, extension, and re-issuance of Certificate of
eligibility
1.3 Application for issuance of Certificate of
eligibility consists of:
a) Written application;
b) Copies of establishment
decision for service providers;
c) List of inspection equipment
and tools;
d) List of inspectors using
form under Appendix Ia attached hereto;
dd) Any of the documents below
to prove experience of technical personnel in charge of inspection operation:
- Digital copies or summary
sheets of social insurance participation;
- Copies of employment
contract;
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2. Application for extension of
Certificate of eligibility consists of:
a) Written application for
extension of Certificate;
b) Previously issued
Certificate;
c)4 Documents mentioned under Points b, c, d, and dd
Clause 1 of this Article in case of changes.
3. Application for re-issuance
of Certificate of eligibility:
a) For the purpose of revising
the Certificate, the application consists of:
- Written application for
revision of the Certificate;
- Previously issued
Certificate;
- Documents proving changes to
eligibility for issuance of the Certificate.
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- 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.
Article 8. Revocation of
Certificate of eligibility5
1. Certificate of eligibility
shall be revoked when:
a) Reasons for which the
inspection operation is suspended are not rectified by the time in which
suspension period ends;
b) Organizations continue to
conduct inspection during periods in which they are suspended from operation or
their Certificate is suspended;
c) Organizations fail to
satisfy requirements under Article 4 hereof within 6 months from the date on
which changes to operation conditions that serve as the basis for issuance of
Certificate of eligibility occur;
d) Organizations conduct
inspection during periods in which they do not satisfy requirements under
Article 4 hereof;
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e) Organizations dissolve or go
bankrupt.
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;
2.6 (annulled)
3. Spending at least 2 years
engaging in technical work for inspection or designing, manufacturing,
installing, repairing, operating, maintaining inspection subjects;
4. Having completed training
course and qualified for technical inspection of occupational safety of
inspection subjects or having more than 10 years of experience in inspecting
inspection subjects until the effective date hereof.
Article 10. Inspector
certificate
1. Inspector certificate shall
be issued to individuals meeting eligibility of inspectors under Article 9
hereof.
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a) Inspector certificate is
revised;
b) Inspector certificate
expires;
c) Inspector certificate is
lost or damaged;
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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5.8 (annulled)
6. 2 colored head shots in 3x4
format of the applicant taken within 6 months prior to the date of application.
Article 12. Application for
re-issuance of inspector certificate
1. If inspector certificate is
revised, application consists of:
a) Written application for
re-issuance of inspector certificate;
b) Original copy of previously
issued certificate;
c) Documents proving adequacy
of revision request;
d) 2 colored head shots in 3x4
format of the applicant taken within 6 months prior to the date of application.
2. Application for re-issuance
of expired inspector certificate consists of:
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b) Original copy of previously
issued certificate;
c) Test results prior to
applying for re-issuance;
d)9 (annulled)
3. If inspector certificate is
lost or damaged, application consists of:
a) Written application for
re-issuance of inspector certificate;
b)10 (annulled)
c) 2 colored head shots in 3x4
format of the applicant taken within 6 months prior to the date of application.
4. If inspector certificate is
revoked then considered for re-issuance, application consists of:
a) Written application for
re-issuance of inspector certificate;
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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.11
2. Within 5 working days from
the date on which adequate application is received as per the law, competent
authorities responsible for issuing inspector certificate; providing written
response and reason in case of rejection.
3. Sample inspector certificate
is specified under Appendix Ic attached hereto.
4. Effective period of
inspector certificate shall last 5 years.
Article 14. Management and
use of inspector certificate
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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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3.12 (annulled)
4. Ensure disinterest and
objectivity in provision of inspection services.
5. Assign inspectors to attend
advanced training courses for technical inspection of occupational safety.
6.13 (annulled)
7. Not provide inspection
services during periods in which the inspecting bodies are suspended from
operating or having their Certificate of eligibility revoked; not employ
inspectors whose inspector certificate is being revoked to conduct inspection.
8. Samples of certificate of
inspection results; inspection seal; report on inspection operation are
specified under Appendix Id attached hereto.
Article 16. Responsibilities
of organizations, individuals using machinery, equipment, and materials that
are subject to strict occupational safety requirements
1. Choose organizations
conducting technical inspection for occupational safety to conduct initial
inspection before use or periodic inspection during use of machinery,
equipment, and materials that are subject to strict occupational safety
requirements; only introduce machinery, equipment, and materials that are
subject to strict occupational safety requirements and pass inspection into
use.
2. Submit declaration to local
Departments of Labor - War Invalids and Social Affairs via direct submission at
Single-window Department or via post service or online via National Public
Service Portal or Public Service Portal of provinces and central-affiliated
cities within 30 days from the date on which machinery, equipment, and
materials that are subject to strict occupational safety are brought into use,
unless otherwise specified by field-specific laws.14
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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
Article 17. Participants of
occupational safety and hygiene training15
1. Group 1: Heads of
facilities, manufacturing facilities, business facilities and affiliated
departments, branches; heads of manufacturing, business, technical departments;
managers of factories or similar; subordinates of heads mentioned under this
Clause assigned to handle occupational safety and hygiene.
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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;
c)16 (Annulled)
6. Training for group 6:
Employees participating in the
network of hygiene and safety officers must also attend additional training for
skills and operation of hygiene and safety officers in addition to occupational
safety and hygiene training as per the law.
Article 19. Training
duration
Duration of initial training
is:
1. Group 1, group 4: At least
16 hours, including duration of exams.
2. Group 2: At least 48 hours,
including duration of theory, practice training, and exams.
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4.17 Group 5: At least 16 hours, including duration
of exams.
5. Group 6: At least 4 hours in
addition to existing occupational safety and hygiene training.
Article 20. Framework
program and training program, documents
1. The Ministry of Labor - War
Invalids and Social Affairs shall take charge and cooperate with relevant
ministries, central departments in promulgating detail framework program for
professional training accordance with framework training program under Appendix
IV attached hereto.
2. Training organizations and
enterprises providing internal training courses shall rely on framework
training programs, develop training programs and documents appropriate to
training characteristics, conditions, and practice.
Article 21. Training,
refresher training, update on occupational safety and hygiene knowledge, skills
and periodic training
1. Refresher training for
occupational safety and hygiene knowledge, skills shall conform to Clause 1
Article 14 of the Law on Occupational Safety and Hygiene
Trainees must attend refresher
training courses at least once every 2 years from the date on which they obtain
certificate of training completion or the date on which occupational safety
card takes effect. Refresher training shall last at least 50% of the duration
of the initial training. Individuals engaging in medical affairs shall update
their knowledge in accordance with Point c Clause 3 Article 73 of the Law on
Occupational Safety and Hygiene.
2. Periodic training shall
conform to Clause 4 Article 14 of the Law on Occupational Safety and Hygiene
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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
Article 22. Eligibility of
occupational safety and hygiene trainer18
1. Training regarding policy
and legal system pertaining to occupational safety and hygiene
a) Individuals having at least
undergraduate degrees and at least 3 years of studying, developing policies,
regulations, inspecting, examining, and managing occupational safety and
hygiene.
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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 issuance20
1. Issuance of certificate of
training completion
a) Training organizations and
enterprises eligible to provide internal training courses shall issue
certificate of training completion for trainees under groups 1, 2, 5, and 6 who
pass exams and qualification;
b) Certificate of training
completion shall use Form No. 8 under Appendix II attached hereto.
2. Issuance of occupational
safety card
a) Employers shall issue
occupational safety card to trainees under group 3 who pass exams. Training
organizations shall issue occupational safety cards to employees who do not
work under employment contracts;
b) Occupational safety card
shall use Form No. 8 under Appendix II attached hereto.
3.21 (annulled)
4. Training attendance record
for group 4 trainees
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b) Training attendance record
shall use Form No. 11 of Appendix II attached hereto.
5.22 Training organizations, enterprises eligible to
provide internal training courses, and manufacturing, business facilities shall
produce record of certificate of training completion, occupational safety card
issuance; training attendance record for group 4 trainees using Forms No. 9,
10, and 11 under Appendix II attached hereto.
Article 25. Time limit for
issuance, re-issuance of certificate of training completion, occupation safety
card23
1.24 Effective period of certificate of training
completion and occupational safety card shall last for 02 years.
2.25 Within 30 days before certificate of training
completion or occupational safety card expires, employers shall list employees
holding said certificate and cards, attach training results or documents
proving refresher training for knowledge, skills regarding occupational safety
and hygiene in accordance with Clause 1 Article 21 hereof and send to training
organizations or enterprises eligible to provide internal training courses in
accordance with Article 26 and Article 29 hereof. If training results are
satisfactory, new certificate of training completion or occupational safety
card shall be issued in accordance with this Decree.
Section 4. TRAINING
ORGANIZATIONS, ENTERPRISES ELIGIBLE TO PROVIDE INTERNAL TRAINING COURSES IN
OCCUPATIONAL SAFETY AND HYGIENE
Article 26. Classification
of training organizations, eligibility to operate and obtain certificate of
eligibility to provide training26
1. Training organizations shall
be classified by characteristics and complexity of training subjects:
a) Class A training
organizations shall provide training for group 4 and group 6 trainees;
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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 organizations27
1. The Ministry of Labor - War
Invalids and Social Affairs shall receive application, issue, re-issue, extend,
and revoke certificate of eligibility to provide training of training
organizations to:
a) Training organizations
established under decision of ministries, central departments, central
agencies, groups, corporations affiliated with ministries, central departments,
central agencies;
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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 organizations28
1. Application for issuance of certificate
of eligibility to provide training consists of:
a) Form No. 01 under Appendix
II attached hereto;
b) Form No. 2 under Appendix II
attached hereto;
c) Documents on occupational
safety and hygiene training (only list using Form No. 2 under Appendix II
hereof; present at request of competent authorities entitled to conduct
assessment).
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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;
b) Hiring training
organizations
2.29 Procedures for reviewing and assessing
eligibility of enterprises providing internal occupational safety and hygiene
training:
a) Class B and class C
enterprises that wish to provide internal occupational safety and hygiene
training shall submit application containing proof of eligibility similar to
training organizations to competent authorities in accordance with Article 27
hereof. In regard to class A enterprises eligible to provide internal
occupational safety and hygiene training shall declare eligible for internal
occupational safety and hygiene training by themselves on their website or
request Departments of Labor - War Invalids and Social Affairs where they are
based.
b) Within 25 working days from
the date on which adequate documents are received, competent authorities shall
consider and issue certificate of eligibility to provide class B and class C
internal training.
If competent authorities do not
issue notice on failure to maintain eligibility to provide training within 25
working days, the applicants are allowed to provide internal training in
accordance with the application.
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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 training30
1. Certificate of eligibility
to provide training shall be revoked when:
a) Certificate holders fail to
rectify and are faced with penalty before training suspension ends or
certificate of eligibility to provide training suspension ends.
b) Certificate holders provide
training during period in which they are suspended from providing training or
their certificate of eligibility to provide training is suspended.
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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;
c)31 Financial support for employees shall be made
via occupational safety and hygiene training organizations.
3. Financial support shall vary
depending on actual costs of occupational safety and hygiene training course
without exceeding 50% of statutory pay rate/individual/training course in
accordance with regulations of the Government applicable at the time of
training.
4. Funding sources for
financial support shall be allocated in recurrent expenditure estimates of
labor - war invalids and social affairs authorities according to applicable
state budget decentralization level.
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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;32
- Have certificate of
completion of working environment monitoring training.
b) At least 5 employees working
under fixed-term employment contracts of at least 12 months or indefinite
contracts must:
- Have at least intermediate
degrees in the fields of medical, environment, biochemical;33
- Have certificate of
completion of working environment monitoring training.
3. Facilities, equipment,
tools, chemicals, and capacity must meet minimum requirements below:
a)34 Monitor harmful factors in working environment
At least 70% of the factors
below must be implemented:
- Measure, experiment, and
analyze microclimate factors at the scene and in laboratories, including:
temperature, humidity, wind velocity, and heat radiation;
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- Evaluate occupational
exposure factors, including: microorganism factors, allergic factors, sensitive
factors, solvent factors;
- 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;
b)35 Develop plans and procedures for preserving,
safely using, maintaining, inspecting, and calibrating equipment in accordance
with regulations of competent authorities or manufactures if regulations of
competent authorities are not available;
c)36 Develop procedures for using, operating
equipment for collecting and preserving samples, measuring, experimenting, and
analyzing working environment;
d) Have working head office
with proper area to ensure quality of working environment monitoring, maintain
laboratories satisfactory to quality requirements in sample preservation,
processing, analysis;
dd) Prepare adequate personal
protective equipment for the purpose of working environment monitoring;
e) Develop solutions for
industrial sanitation, fire safety and firefighting, biosafety, chemical
safety, and strictly comply with regulations on waste collection,
transportation, preservation, and treatment.
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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
1.37 Take charge in managing, guiding, inspecting
issuance of field-specific certificate pertaining to workplace occupational
health, first-aid and emergency medical care training. Receive and publish
information of health facilities issuing professional certificate pertaining to
occupational health, providing workplace first-aid emergency medical care
training within their competence on website of the Ministry of Health.
Direct Departments of Health to
manage, examine, receive and publish information of health facilities providing
workplace first-aid emergency medical care training and issuing occupational
health certifications on website of Departments of Health.
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2.38 Regulate documents and contents of workplace
occupational health, first-aid, and emergency medical care training. Cooperate
with the Ministry of Labor - War Invalids and Social Affairs in developing
detail framework program for workplace occupational health, first-aid,
emergency medical care, occupational hygiene, and occupational disease
training.
3. Regulate, organize
implementation and management of working environment monitoring at workplace.
4. Develop database on working
environment monitoring; declare eligible working environment monitoring
organizations; suspended working environment monitoring organizations, working
environment monitoring organizations met with administrative penalties on
websites of the Ministry of Health.
5. Direct working environment
monitoring in industrial parks and industrial complexes with high risks of
occupational diseases.
6. Cooperate with the Ministry
of Labor - War Invalids and Social Affairs and local governments in conducting
inspection of working environment monitoring, provision of workplace
occupational hygiene, first-aid, emergency medical care training, machinery,
equipment, and materials with strict occupational safety and hygiene
requirements.
7. Cooperate with the Ministry
of Labor - War Invalids and Social Affairs and local governments in
communicating, publicizing, and elaborating this Decree.
8. On an annual basis,
consolidate working environment monitoring results and send to the Ministry of
Labor - War Invalids and Social Affairs and report to the Government.
Article 41. Responsibilities
of Ministry of Finance
1. Take charge and cooperate
with the Ministry of Labor - War Invalids and Social Affairs in consolidating
expenditure demand for training from central government budget based on budget
balance and requesting competent authority to decide on support expenditure in
accordance with state budget laws.
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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.
2.[39] Organizations conducting technical inspection
of occupational safety shall send reports on operating results to the Ministry
of Labor - War Invalids and Social Affairs, Departments of Labor - War Invalids
and Social Affairs where the organizations are based, and competent authorities
that issue certificate of eligibility for technical inspection using form under
Appendix Id attached hereto and send in email to the Ministry of Labor - War
Invalids and Social Affairs via antoanlaodong@molisa.gov.vn before December 15
of each year.
3. Organizations providing
occupational safety and hygiene training and enterprises providing internal
occupational safety and hygiene training shall send reports on operating
results to the Ministry of Labor - War Invalids and Social Affairs and
Departments of Labor - War Invalids and Social Affairs where they are based
using Form No. 2 under Appendix II attached hereto and send in email to the
Ministry of Labor - War Invalids and Social Affairs via
antoanlaodong@molisa.gov.vn before December 15 of each year.
4. Working environment
monitoring organizations shall send reports on operating results to the
Ministry of Health or Departments of Health that declare them eligible for
working environment monitoring and send in email to the Ministry of Health via
baocaoytld@moh.gov.vn before December 15 of each year.
Report new found or arising
harmful factors at workplace during working environment monitoring to the
Ministry of Health or Departments of Health and request addition to dossiers on
occupational hygiene of workplace.
5. In case of change to address
of head office or branches, organizations conducting technical inspection of
occupational safety, organizations providing occupational safety and hygiene
training, and working environment monitoring organizations shall inform
competent authorities entitled to issue certificate of eligibility to operate
at least 7 working days before the change occurs.
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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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Article 47. Entry into force40
1. This Decree comes into force
from July 01, 2016.
2. Regulations on technical
inspection of occupational safety under Articles 15, 16, 17, 18, 19, 20, 21,
22, 23, and 24 Section 3; occupational safety and hygiene training under Point
d Clause 1 Article 25 of Decree No. 45/2013/ND-CP dated May 10, 2013 of the
Government expire from the effective date hereof.
3. Technical inspection of
occupational safety, occupational safety and hygiene training, and working
environment monitoring in the field of national defense and security shall
comply with this Decree unless otherwise specified by field-specific
legislative documents.
4. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities are responsible for the
implementation of this Decree./.
1 Decree No. 140/2018/ND-CP dated October 8, 2018
on amendments to Decrees relating to conditions for business investment 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;
Pursuant to the Labor Code
dated June 18, 2012;
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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.”
2
This Article is amended in accordance with Clause 1 Article 1 of 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, coming into force from
October 8, 2018.
3
This Clause is amended in accordance with Clause 2 Article 1 of 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, coming into force from
October 8, 2018.
...
...
...
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5
This Article is amended in accordance with Clause 4 Article 1 of 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, coming into force from
October 8, 2018.
6
This Clause is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
7
This Clause is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
8
This Clause is annulled in accordance with Article 4 of 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,
coming into force from February 13, 2023.
9
This Point is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
10
This Point is annulled in accordance with Article of 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, coming into force from October 8, 2018.
11
This Clause is amended in accordance with Clause 1 Article 3 of 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,
coming into force from February 13, 2023.
12
This Clause is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
13
This Clause is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
...
...
...
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15
This Article is amended in accordance with Clause 5 Article 1 of 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, coming into force from
October 8, 2018.
16
This Point is annulled in accordance with Article 2 of Decree No.
140/2018/ND-CP, coming into force from October, 8, 2018.
17
This Clause is amended in accordance with Clause 6 Article 1 of 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, coming into force from
October 8, 2018.
18
This Article is amended in accordance with Clause 7 Article 1 of 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, coming into force from
October 8, 2018.
19
This Section is amended in accordance with Clause 8 Article 1 of 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, coming into force from
October 8, 2018.
20
This Article is amended in accordance with Clause 9 Article 1 of Decree No.
140/2018/ND-CP, coming into force from October 8, 2018.
21
This Clause is annulled in accordance with Article 2 of 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, coming into force from
October 8, 2018.
22
This Clause is amended in accordance with Clause 9 Article 1 of Decree No.
140/2018/ND-CP, coming into force from October 8, 2018.
23
Title of this Article is amended in accordance with Clause 10 Article 1 of
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, coming
into force from October 8, 2018.
...
...
...
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25
This Clause is amended in accordance with Clause 10 Article 1 of 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, coming into force from
October 8, 2018.
26
This Article is amended in accordance with Clause 11 Article 1 of 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, coming into force from October 8,
2018.
27
This Article is amended in accordance with Clause 12 Article 1 of 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, coming into force from
October 8, 2018.
28
This Article is amended in accordance with Clause 13 Article 1 of 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, coming into force from
October 8, 2018.
29
This Clause is amended in accordance with Clause 14 Article 1 of 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, coming into force from October 8, 2018.
30
This Article is amended in accordance with Clause 15 Article 1 of 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, coming into force from
October 8, 2018.
31
This Point is amended in accordance with Clause 16 Article 1 of 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, coming into force from
October 8, 2018.
32
This segment is amended in accordance with Clause 17 Article 1 of 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, coming into force from
October 8, 2018.
33
This segment is amended in accordance with Clause 18 Article 1 of 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, coming into force from
October 8, 2018.
...
...
...
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35
This Point is amended in accordance with Clause 19 Article 1 of 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, coming into force from
October 8, 2018.
36
This Point is amended in accordance with Clause 19 Article 1 of 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, coming into force from
October 8, 2018.
37
This Clause is amended in accordance with Clause 20 Article 1 of 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, coming into force from
October 8, 2018.
38
This Clause is amended in accordance with Clause 20 Article 1 of 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, coming into force from
October 8, 2018.
40 Article 19 of 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, coming into force from October 8, 2018 states:
“Article 19. Entry into
force and implementation
1. This Decree comes into
force from the date of signing.
2. 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.”
Article 5 of 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,
coming into force from February 13, 2023 states:
...
...
...
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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.”.