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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.06-CP
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Hanoi,
January 20, 1995
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DECREE
STIPULATING IN DETAIL A NUMBER OF ARTICLES OF THE LABOUR
CODE ON LABOUR SAFETY AND HYGIENE
THE GOVERNMENT
Pursuant to the Law on
Government Organization dated 30 September 1992 ;
Pursuant to the Labour Code
dated 23 June 1994 ;
Subject to the proposal of
the Minister of Labour, War Invalids and Social Affairs and the Minister of
Health,
DECREES
Chapter I
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Article 1.
The scope of application of regulations for labour safety
and hygiene covers all organizations or individuals employing labour, any
government employees, officials, and other working people including trade
apprentices in any branches, economic sectors, armed forces as well as any
enterprises, organizations, foreign offices and international or ganizations
located on the territory of Vietnam.
Chapter II
LABOUR SAFETY AND
HYGIENE
Article 2.
Feasibility study an the measures for. labour safety and
hygiene, subject to section I, Article 96 of the Labour Code, shall be
stipulated as follows :
1. For the building of a new
establishment, or the expansion or the renovation of an existing facility for
production, utilization, maintenance and storage of machinery, equipment,
materials and substances requiring a high level of labour safety and hygiene,
the investor or the employer must prepare a feasibility study on the measures
to be taken for labour safety and hygiene. The following details should be
provided in the feasibility study :
- Site and size of the project
or facility, and the distance between the project or facility to residential
areas or to other projects or facilities ; .
- Any dangerous or harmful
factor or any event that may occur in the course of operation ; and preventive
measures ;
The feasibility study must be
approved by the State Inspection Agency for labour safety and hygiene in
cooperation with relevant agencies.
2. All requirements for labour
safety and hygiene shall be met and measures taken in accordance with the
approved feasibility study.
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1. The criteria for labour
safety and hygiene must be met. Based upon the criteria for labour safety and
hygiene issued by the State and by the relevant branch, the employer must set
up its formalities for labour safety and hygiene applicable to each kind of machinery,
equipment and material and the rules for safety and hygiene at the work place.
2. The importation of machinery,
materials or items requiring a high level of labour safety and hygiene shall be
permitted by the Ministry of Trade subject to consultation with and approval
from the State Inspection Agency for labour safety and hygiene.
Article 4.
Inspection of work places with detrimental factors,
subject to Article 97 of the Labour Code, shall provide for the following :
1. All detrimental factors must
be inspected and measured at least. once a year ;
2. Upon discovery of any unusual
signs, check must be given and rectifying measure taken immediately ;
3. Filing and monitoring
documents must be kept in accordance with regulations.
Article 5.
Subject to Article 100 of the labour Code, a work place
where dangerous and toxic elements exist that may result in a work-related
accident, shall be provided as follows :
1. The work place must be fully
equipped by the employer with appropriate technical and medical facilities such
as medical kit; cotton and bandage, stretchers, gas masks and ambulance ;
2. 'The employer must prepare a
plan to ensure a timely response to any accidents that may occur ;
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4. The first - aid team members
and employees must regularly practise emergency action. In dealing with an
emergency, the employer of a small unit shall take all actions by himself or in
collaboration with adjacent units or local emergency services, but first-aid
must still be given on the spat.
Article 6.
Employees doing dangerous or toxic jobs must be
adequately equipped with personal protective clothing and equipment that meet
the quality standards and criteria provided by the Ministry of Labour, War
Invalids and Social Affairs.
Article 7,
Regular health checks and training in labour safety and
hygiene shall, subject to Article 102 of the Labour Code, be provided as
follows :
1. Any employees, including
trade apprentices, shall be given a health check at least once a year, and for
an employee doing a hard and toxic job, his health must be checked at least
every 6 months.
All health checks must be
conducted by State-owned health facilities.
2. Before starting their jobs,
all employees; including trade apprentices must be instructed and trained on
labour safety and hygiene.
Depending on his specific job;
each employee will behelped to practise measures to ensure labour safety and
hygiene.
Assignment of any employees; who
have not been trained and provided a safety card, to do any job requiring a
high level of labour safety and hygiene shall be strictly forbidden.
Any provision for training shall
accord with the instruction from the Ministry of Labour, War Invalids and
Social Affairs.
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1. An employee shall be
materially compensated in accord- once with the quantity and formulation of
compensation stipulated by the Ministry of Labour, War Invalids and Social
Affair and the Ministry of Health ; ,
2. Provision of mid-shift meals
;
3. Cash payment instead of
material compensation is forbidden.
Chapter
III
WORK- RELATED ACCIDENT
AND OCCUPATIONAL DISEASES
Article 9.
Responsibilities of the employers far the victims of
work-related accidents, subject to Article 105 of the Labour Code, shall be
stipulated as follows :
1. The victim of a work-related
accident must be rescued in time and brought immediatel to the health facility
;
2. Where the work-related
accident causes the death of the employee or serious injuries to one or several
employees, the place where the Work-related accident occurs must be kept intact
and an immediate report is required to be sent to the State Inspection Agency
for labour safety and the local police.
Article 10.
Responsibilities of the employers for sufferers of
occupational diseases, subject to Article 106 of the Labour Code, shall be
stipulated as follow :
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2. After the treatment of an
occupational disease, the sufferer will be given a health check at least every
6 months and will have separate medical records where the disease is included
in the list issued by the Ministry of Labour, War Invalids and Social Affairs
and the Ministry of Health.
The Ministry of Health shall
make provisions for the details, control and filing of these medical records.
Article 11
1.
Subject to section 3, Article 107 of the Labour Code, the employers shall be
responsible for compensation of employees as a result of a work-related
accidents or occupational disease.
2. Where an accident involves a
trade apprentice employed to work for the enterprise under section 2, Article
23 of the Labour Code in the course of apprenticeship the employer shall be
responsible for payment of compensation equal to 30 months' wages for an
apprentice whose ability to work has been reduced by 81% or more or for the
relatives of an apprentice who has died of a labour accident not caused by the
fault of the apprentice. Where the apprentice is at fault he or his relatives
still receive from the employer a compensation equal to at least 12 months of
wages.
Article 12.
Subject to Article 108 of the Labour Code; all
investigations, records, statistics and reports on work-related accidents or
occupational diseases shall be stipulated as follows :
1. When a work-related accident
occurs, the employer must open an investigation and make a report in the
presence of the representative of the local Trade Union Executive Committee.
The report shall state fully the
circumstances of the accident, the injury to the victim, level of damage, cause
of and responsibility for the accident. The report shall be signed by the
employer and representative of the local Trade Union Executive Committee.
2. All work-related accidents
and cases of occupational diseases must be declared, statistically noted and
reported as stipulated by the Ministry of Labour, War Invalids and Social
Affairs and the Ministry of Health.
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RIGHTS AND OBLIGATIONS
OF EMPLOYERS AND EMPLOYEES
Article 13.
An employer has responsibilities for :
1. Designing alongside the
enterprise's annual business/production scheme, a plan with measures for labour
safety and hygiene as well as improvement of working conditions ;
2. Adequately providing the
employees with protective equipment and implementing all other regulations on
labour safety and hygiene as provided by the State ;
3. Nominating a person who shall
supervise the implementation of the rules and regulations on labour safety and
hygiene within the enterprise and shall join the local trade union establishing
and maintaining the operation of the network for work safety and hygiene ;
4. Setting up the rules and
requirements for labour safety and hygiene; ii accordance with each kind of machinery,
equipment and material even when the technology, machinery, equipment, material
and work place are modified to comply with the standards stipulated by the
State ;
5. Providing training and
guidance on the standards, regulations and measures of labour safety and
hygiene for employees ;
6. Organizing periodical health
checks for employees in accordance with current regulations ;
7. Strictly complying with the
regulations for declaration on and investigation into work-related accidents or
occupational diseases, and making semi-annual and annual reports on the result
of the implementation of labour safety and hygiene and the improvement of
working conditions to the Department of Labour, War Invalids and Social Affairs
at the place where the enterprise is located.
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1. To require employees to
comply with rules and regulations and measures for-labour safety and hygiene ;
2. To reward those who comply
with and discipline those who breach the regulations on labour safety and
hygiene ;
3. To lodge a complaint with.
State Agencies in respect of any decision of the Labour Inspector on labour
safety and hygiene while strictly abiding by such decision.
Article 15.
An employee has responsibilities to :
1. Comply with all rules and
regulations on labour safety and hygiene relating to his duties and
responsibilities ;
2. Use and maintain all
protective equipment which have been provided and pay compensation if he loses
such equipment ;
3. Report in time to responsible
persons when discovering any risk of a work-related accident, occupational
disease, or poisoning or dangerous event ; take part in rescue and remedying
the effect of work-related accident where required by the employer.
Article 16.
The rights of employees areas follows :
1. To require employers to
guarantee working conditions to be safe, clean and improved ; and require
employers to make full provision of protective clothing and equipment and
training and practive in measures for labour safety and hygiene ;
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3. To lodging complaint/protest
with the State Agencies when the employer violates the State regulations or
fails to comply with all commitments on labour safety and hygiene set out in
the labour contract or agreement.
Chapter V
RESPONSIBILITIES OF THE
STATE AGENCIES
Article 17.
Subject to section 3, Article 95 of the Labour Code, the
establishment of the national programme on labour protection and occupational
safety and hygiene shall be stipulated as follows :
1. The Ministry of Labour, War
Invalids and social Affairs and the Ministry of Health shall coordinate with
concerned Ministries or branches the drawing up of a national programme on
labour protection and occupational safety and hygiene, submit it to the
Government for approval and in tegrate it in the socio-economic development
plan.
2. Annually, based upon the
approved national programme on labour protection and occupational safety and
hygiene, the Ministry of Labour, War Invalids and Social Affairs shall join the
State Planning Committee and the Ministry of Finance in drawing up the budget
for this programme and integrate it in the state budget plan.
Article 18.
The Prime Minister of the Government shall set up the
National Council for labour safety and hygiene to advise the Prime Minister and
coordinate the activities of relevant branches and levels on labour Safety and
hygiene.Members of the Council shall be determined by the PrimeMinister.
Article 19.
State Management for labour safety and hygiene, subject
to Articles 180 and 181 of the Labour Code, shall be provided as follows :
1. The Ministry of Labour, War
Invalids and Social Affairs shall be responsible for preparing and submitting
to the relevant agencies for issurance of the legal documentation, policies and
regimes on labour protection and occupational safety and hygiene. This Ministry
shall also be responsible for the promulgation and uniform State management of
regulatory systems on labour safety, and labour criteria for classification of
jobs according to working conditions ; as well as guiding relevant branches and
levels in the implementation of investigation for occupational safety,
provision of information concerning and instruction on occupational safety and
hygiene and cooperation with foreign countries and international organizations
in relation to occupational safety ;
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3. The Ministry of Science,
Technology and Environment shall be responsible for uniform management of
scientific and technological research and, its application in occupational
safety and hygiene ; and for promulgating criteria for quality and
specifications of protective equipment and co-ordinating with -the Ministry of
Labour, War Invalids and Social Affairs and the Ministry of Health, establishment,
promulgation and exercise of uniform State management of technical standards
for labour safety and hygiene ;
4. The Ministry of Education and
Training shall be responsible for guiding the inclusion of occupational safety,
and hygiene in the curriculum of universities and technical, professional,
management or job training schools ;
5. After obtaining agreement in
writing from the Ministry of Labour, War Invalids and Social Affairs and the
Ministry of Health, all Ministries and branches shall issue a regulatory system
for labour safety and hygiene of their own ;
6. State Management on labour
safety and hygiene in relation to radiation, oil and gas exploration and
exploitation, rail-way, water-way, motor-way and air-way and the armed forces,
shall be exercised by such concerned branches in co-ordination with the
Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health
;
7. Each provincial/city People's
Committee shall carry out State -management of labour safety and hygiene in its
locality ;
set the targets for ensuring
labour safety and hygiene and improvement of working conditions and integrate
them in the local socio-economic development plan and budget.
Chapter VI
RESPONSIBILITIES OF THE
TRADE UNION
Article 20.
The Vietnam General Federation of Labour shall join the
State agency in preparing a national programme on labour protection,
occupational safety and hygiene ; and shall outline a scientific research
programme and draw up laws policies on labour protection, occupational safety
and hygiene.
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1. Local
trade unions shall join the labour, war invalids and social affairs office and
health facility at the same level in supervising State management and the
implementation of regulations on labour safety and hygiene, as well as the
investigation of work-related accidents ;
2. Local trade unions shall be
responsible for educating employees to strictly comply with all rules and
regulations on labour safety and hygiene in order to ensure occupational safety
and hygiene within the enterprise, and for conducting and maintaining the
activities of the network for work of safety and hygiene.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article 22.
This Decree shall come into force as from 1 January
1995. All former regulations on labour safety and hygiene, which are in
contrary to the labour Code and this Decree, shall- be abrogated.
Article 23.
The Minister of Labour, War Invalids and Social Affairs
and the Minister of Health shall be responsible for guiding the implementation
of this Decree.
Article 24.
The Ministers, the Heads of the Ministerial Offices, the
Heads of the Government-owned Offices, the Chairmen of the provincial/city
People's Committees shall be responsible for the execution of this Decree.
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