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THE
MINISTRY OF INDUSTRY & TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
43/2010/TT-BCT
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Hanoi, December 29, 2010
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CIRCULAR
REGULATIONS
ON SAFETY MANAGEMENT IN INDUSTRY AND TRADE
Pursuant to the Decree No.
189/2007/ND-CP dated December 27th, 2007 of Government regulating
functions, duties and powers of the organizational structure of Ministry of
Industry and Trade
Pursuant to the Decree No. 06/CP dated January 20th, 1995 of Government
detailing a number of articles of the Labor Law on labor safety, labor hygiene;
Pursuant to the Decree No.110/2002/ND-CP dated December 27th, 2002
amending and supplementing a number of articles of the Decree No. 06/CP dated
January 20th, 1995 of Government detailing a number of Articles of
the Labor Law on labor safety, labor hygiene;
The Ministry of Industry and Trade regulating on safety management in industry
and trade as follows:
Chapter 1:
GENERAL PROVISIONS
Article 1:
Adjusting scope and applicable entities
This circular
regulates on safety management to be applicable to business -production
enterprises in the fields of mechanical engineering, metallurgy, new energy,
renewable energy, oil and gas, petroleum, chemical, industrial explosive, mine exploration
and mineral processing, consumption industry, food industry and other
processing industry (hereinafter referred to as the Industrial and Trade
enterprises) and the organizations and individuals involved in safety work in
the Industry and trade.
Article 2:
Interpretation of terms
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1. Safety
means a condition not to cause injury, danger to life, affect to the health of
workers and damage to machinery, equipment, line, manufacturing technology process.
2. Risk
management means the application of technical measures and management to
ensure all potential risks have been identified, analyzed and evaluated to all
works, machinery, equipment, line, manufacturing technology process and in all
operation stage.
3. Risk
assessment means to assess potential risks on the basis of acceptable risk
standard and approved targets, and concurrently to identify measures for
reducing risk to reach a reasonable level towards acceptable fact.
4. Risky level
Assessment means to assess the hazards have been identified based on the
consequence and likelihood.
5.
Emergency response plan including: organization, response to emergency
situations such as rescue, salvage, fire & explosion prevention, flood
& storm prevention as prescribed.
Chapter 2
CONTENT, RESPONSIBILITY OF
ENTERPRISE IN SAFETY MANAGEMENT
Article 3.
Content of safety management work
Content of
safety management includes:
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2. Risk
management.
3. Emergency
response plan.
4. Safe
production area.
Article 4.
Responsibility of enterprise in safety management system
1. Enterprise
has to set up:
a) Safety
objective and policy, reward policy and handling of violations on safety of
enterprise in accordance with provisions of legislation on safety;
b) Regulation
on safety check: The program, content, form of safety check, record of
inspection, minute, petition book, safety inspection book in accordance with
regulations;
c) The
organizational system of safety work in enterprises according to provisions of
law;
d) A list of
documents in the field of safety, standard system, safety standard is applied
in enterprise;
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f) Safe
technical measures, fire & explosion prevention, equipment investment to
ensure safety work in labor protection plan annually;
g) Records on
qualification, professional experience of employees for job position in
enterprises.
2. Management
of machinery, equipment, materials, chemical
a) To
periodically to examine, test, maintain and repair machinery and equipment;
b) To assess
and register as prescribed towards machinery, equipment and materials which are
required strictly on specific safety in the industry;
c) To choose
organizational to verify pressure equipments, lifting equipment in accordance
with conditions prescribed by Ministry of Industry and Trade;
d) Management
of chemical safety in accordance with law on chemical.
3. Training,
scientific research on safety
a) To train
workers on proper safety content, materials, time as prescribed by law;
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4. Statistic
and report
a) There must
be records for inspection, investigation, evaluation, overcoming accidents,
incidents and injuries to persons or damage to property;
b) To quickly
report about serious accidents, emergency situations;
c) To
periodically report on occupational accidents as prescribed;
d) To
periodically report on labor protection as prescribed.
The economic
group, the head of company shall integrate statistics and reports of affiliated
enterprises to send to competent authorities and Ministry of Industry and
Trade; the non- affiliated enterprises of economic group, its head of company
shall total up and report to competent authorities and Department of Trade and
Industry of province or city where headquartered of enterprise locate.
Article
5.Responsibility of enterprises in the risk management
1. Set up the
content of risk assessment, including:
a) Hazard
identification;
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c) Measures
to control and minimize risk.
2. Risk
assessment is carried out by the quantitative method or qualitative method. In
case where there is no provision on risk assessment by quantitative method,
enterprise may choose risk assessment by qualitative method.
3. To periodically update analysis report, risk assessment (to be
determined, analyzed and evaluated for all projects, production lines,
machines, equipments, dangerous substances ...) as prescribed for each
particular field or 3 years period for fields still not yet specified.
4. In case where an enterprise with a change in technology, machinery,
equipment, scale, production site or after accidents and incidents, need to be
conducted again risk assessment in order to be fit for those changes.
Article 6. Responsibility of enterprises in the emergency response
plan
1. To set up an emergency response plan as prescribed by law for each
specific line, and must be fit for the system of national emergency response.
Emergency response plan include at least the following:
a) Organization chart, decentralization of responsibilities and report system
when an accident occurs or the appearance of dangerous situations;
b) Contact chart and report to competent authorities;
c) Existing resources within and outside or to be mobilized to
effectively rescue emergencies;
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2. Member of Steering Committee for Flood and Storm Prevention and
Search and Rescue of enterprises must be trained, coached skills and plan for
emergency response.
3. To establish a Committee of emergency rescue (for enterprise required
to have under provisions of law).
Article 7. Responsibility of enterprises in the production sector
safety
1. Organization, arrangement of production sector, machinery and
equipment must be complied with safe technical regulation and respectively
legal documents.
2. To establish and protect by necessary measures prescribed by
competent bodies and technical regulations applicable to the area, safety
corridors surrounding works, machinery and equipment.
3. The production sector must be equipped with fire detection system and
fire gas detection in areas of high fire risk, fire fighting equipment in
place, the fire fighting system and there must be appropriate signal for each
specific area as prescribed by law.
4. To fully equip equipment and safety system, rescue equipment.
5. Production sector must be arranged escape chart; exit.
Chapter 3.
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Article 8. Department of Safety Engineering and Industrial
Environment
Department of Safety Engineering and Industrial Environment, Ministry of
Industry and Trade is responsible for directing, guiding, checking, integrating
statistics reporting on the implementation of safety work in the Industry &
trade.
Article 9. Department of Industry and Trade
1. To guide and supervise the implementation of safety regulations for Industry
and Trade enterprise in the management area.
2. Lead and coordinate with relevant agencies of provinces to inspect
and handle violations of legislation on safety work as prescribed.
3. To integrating statistics, reports of enterprises based whose
headquarter locate in the management area, to report to Ministry of Industry
and Trade (Department of Safety Engineering and Industrial Environment).
Article 11. Provisions of Implementation
1. This Circular takes effect from February 14th, 2011.
2. In the process of implementation, if any issues or problems arise,
organizations and individuals report to Ministry of Industry and Commerce for
timely consideration and resolution. /.
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ON
BEHALF OF MINISTER
DEPUTY MINISTER
Hoang Quoc Viet