Decree No. 39/2016/ND-CP 노동안전위생법 일부조항 시행에 대한 의정

[jeancladlee]

https://vanbanphapluat.co/decree-39-2016-nd-cp-detailing-implementation-law-occupational-safety-sanitation

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 39/2016/ND-CP	Hanoi, 15 May 2016

DECREE

DETAILING THE IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON OCCUPATIONAL SAFETY AND SANITATION

Pursuant to the Law on organization of Government dated 19/6/2015;

Pursuant to the Code of Labor dated 18/6/2012;

Pursuant to the Law on occupational safety and sanitation dated 25/6/2015;

At the request of the Minister of Labor, Invalids and Social Affairs;

The Government issues this Decree detailing the implementation of some articles of the Law on occupational safety and sanitation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details some articles of the Law on occupational safety and sanitation on control of some dangerous and harmful factors at workplace; notification, investigation, statistics and report on occupational accidents and technical incidents causing occupational unsafety and insanitation and technical incidents causing serious occupational unsafety and insanitation; occupational safety and sanitation form some specific labor; occupational safety and sanitation for business and production establishment; state management over occupational safety and sanitation.

Article 2. Subject of application

1. Employees working under labor contract, probationers, apprentices to work for employers.

2. Employees not working under labor contract.

3. Vietnamese employees working abroad under labor contract and foreign employees working in Vietnam.

4. Employers

5. Other bodies, organizations and individuals pertaining to the occupational safety and sanitation.

Persons specified in Paragraphs 1, 2 and 3 of this Article are generally referred to as employees.

Chapter II

CONTROL OVER DANGEROUS AND HARMFUL FACTORS AT WORKPLACE

Article 3. Principle of control over dangerous and harmful factors at workplace

To control the dangerous and harmful factors at workplace as specified in Article 18 of the Law on occupational safety and sanitation, the employers must ensure the following principles:

1. Regularly monitor and supervise the dangerous and harmful factors at workplace;

2. There must be person or department assigned to take responsibility for control over dangerous and harmful factors at workplace; for business and production establishments, the control over dangerous and harmful factors must be stipulated to each group, team and workshop.

3. Retain dossier for control over dangerous and harmful factors in accordance with the provisions in the Law on occupational safety and sanitation, the Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.

4. Publicize the result of control over dangerous and harmful factors to the employees for information;

5. There must be procedure for control over dangerous and harmful factors at workplace in accordance with the Article 18 of the Law on occupational safety and sanitation and Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.

Article 4. Contents of control over dangerous and harmful factors at workplace

1. Identify and assess the dangerous and harmful factors.

2. Determine the objectives and measures to prevent and control dangerous and harmful factors.

3. Implement and assess the effectiveness of measures to prevent and control dangerous and harmful factors.

Article 5. Identification and assessment of dangerous and harmful factors

1. Analyze the relevant labor characteristics and conditions and working procedures and result of inspection at workplace.

2. Survey the employees about the factors which can cause injury, disease impairing their health at their workplace.

3. In case of failure to identify and assess completely and correctly perceptibly, use appropriate machine or equipment to measure or test the dangerous and harmful factors; set up dossier of labor environment sanitation for harmful factors and occupational disease prevention and control under the Form specified in Appendix I issued with this Decree..

Article 6. Determine the objectives and measures to prevent and control dangerous and harmful factors

1. Based on the identification and assessment of dangerous and harmful factors, the employer shall determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors at workplace in the prioritized order as follows:

b) Prevent, limit exposure and minimize the damaging effects of dangerous and harmful factors by the use of technical measures and application of administrative and organizational measures (information, communication and education, training of safety, occupational sanitation, formulation of rules and procedures for safe work, occupational sanitation, labor protection regulation, health care for workers; management of machine, equipment, supplies and substances with strict requirements on occupational safety and sanitation).

2. Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.

Article 7. Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors

1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.

2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.

3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:

a) Condition of occupational safety and sanitation of machine, equipment, workshop, warehouse and workplace;

b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;

c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation;

d) Employees’ knowledge and ability in urgent incident response and handling.

dd) Implementation of regulations on occupational protection and health care for the employees;

e) Compliance with recommendations of inspection teams over occupational safety and sanitation and investigation of occupational accident.

4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:

a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;

b) Result of occupational condition improvement.

Article 8. Measures to handle the technical incidents causing serious occupational unsafety and insanitation

1. Plan to handle the technical incidents causing serious occupational unsafety and insanitation is specified in Paragraph 1, Article 19 of the Law on occupational safety and sanitation must have the following contents:

a) Forces involved in on-the-spot handling and duties of each participant; supporting forces from the surrounding business and production establishments.

b) Technical equipment is required according to regulations of specialized law; necessary measurement equipment used in incident handling (such equipment must be tested and calibrated under the current regulation of law on measurement);

c) Mode and order to handle incidents

2. Approve or send the plan for handling of technical incident causing serious occupational unsafety and insanitation under current specialized laws to the competent authorities for approval.

3. Promptly inform the local government upon occurrence of technical incidents causing serious occupational unsafety and insanitation as stipulated in Article 26 of this Decree.

Chapter III

NOTIFICATION, INVESTIGATION AND REPORT ON OCCUPATIONAL ACCIDENTS AND TECHNICAL INCIDENTS CAUSING SERIOUS OCCUPATIONAL UNSAFETY AND INSANITATION

Article 9. Classification of occupational accidents

1. Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:

a) Death at the scene of accident;

b) Death on the way to an emergency or during an emergency;

c) Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;

d) The employee is declared dead according to the conclusion of the Court for missing case.

2. Occupational accident causing serious injury to employee (hereafter referred to as serious occupational accident) is the one which causes at least one of injury to the employee as stipulated in Appendix II issued with this Decree.

3. Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in Paragraph 1 and 2 of this Article.

Article 10. Time and content of notification of occupational accident

1. When notified of occupational accident which causes death or injures 02 employees or more, the employer of the facility where the accident occurs must make notification as specified under Point b, Paragraph 1, Article 34 of the Law on occupational safety and sanitation as follows:

a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence; case of fatal accident while informing the police agency of district, town, provincial city, city of centrally-run city (hereafter referred to as district-level Police);

b) The content of notification is under the Form specified in Appendix III issued with this Decree.

2. When notified of occupational accident which causes death or injures 02 employees or more in the fields of radioactivity, exploration and extraction of oil and gas, means of transport of railway, waterway, roadway, airway and the units of the people’s armed forces as specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation, the employer of the facility where the accident occurs must give notice as follows:

a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence and to the Ministry managing such sector or field under authority specified in Paragraph 2, Article 21 of this Decree, unless otherwise specified by the specialized law; in case of fatal accident, notifies the district-level police;

b) The content of notification is under the Form specified in Appendix III issued with this Decree.

3. When the occupational accident occurs to the employee not working under labor contract, the notification specified under Point Article, Paragraph 1, Article 34 of the Law on occupational safety and sanitation is made as follows:

a) Immediately after learning the workers is dead or seriously injured due to occupational accident, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets (hereinafter referred to as the commune-level People's Committee) where the occupational accident occurs.

b) When notified of occupational accident which causes death or seriously injures 02 employees or more, the communal People’s Committee where the accident occurs must notify by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs and district-level police under the Form specified in Appendix IV issued with this Decree.

Article 11. Decision on establishing occupational accident investigation Team

1. Grassroots occupational accident investigation Team

a) When notified of mild or serious occupational accident which causes serious injury to 01 employee under the management of the employer specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation, the employer must immediately establish a grassroots occupational accident investigation Team under the Form specified in Appendix V issued with this Decree.

b) For occupational accidents which occur at the place under the management of the employer, but the victim is the employee under the management of another employer, the employer at the place of accident occurrence must establish a grassroots occupational accident investigation Team while inviting the employer’s representative of the victim to participate in the Team.

2. Provincial occupational accident investigation Team

a) When notified of occupational accident which causes death or seriously injures 02 employees or more under the investigation authority, the Inspectorate of Department of Labor – Invalids and Social Affairs shall appoint its inspector within 02 hours and notify the bodies to appoint their employees to participate in the provincial occupational accident investigation Team.

b) For accidents specified under Point b, Paragraph 3, Article 19 of this Decree, after fully receiving dossier and documents related to the accident, the Inspectorate of Department of Labor – Invalids and Social Affairs shall notify the bodies which appoint their employees to participate in the provincial occupational accident investigation Team to conduct their investigation and make a record to verify the occupational accident.

c) Director of Department of Labor – Invalids and Social Affairs shall decide on establishing the provincial occupational accident investigation Team at the request of the Chief Inspector of Department of Labor - Invalids and Social Affairs under the Form specified in Appendix VI issued with this Decree.

3. Central occupational accident investigation Team

The establishment of central occupational accident investigation Team is specified in Paragraph 3, Article 35 of the Law on occupational safety and sanitation as follows:

a) The Minister of Labor – Invalids and Social Affairs shall decide to establish a  central occupational accident investigation Team, except for occupational accidents specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;

b) The Head of competent authorities according to the specialized law or the Minister of the Ministries specified in Paragraph 1 and 2, Article 21 of this Decree shall establish the central occupational accident investigation Team to investigate the cases of occupational accident which occur in the areas specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;

c) The decision on establishing the central occupational accident investigation Team is made under the Form specified in Appendix VII issued with this Decree.

Article 12. Duties of member of occupational accident investigation Team

1. The Head of occupational accident investigation Team is responsible for:

a) Deciding the immediate investigation, even in case of absence of one of the members of investigation Team;

b) Assigning specific duties to each member of the Team;

c) Discussing the result of investigation of occupational accident; deciding and taking responsibility for his decision on the result of investigation of occupational accident;

d) Holding meeting to announce the Record of occupational accident investigation;

2. The members of occupational accident investigation Team are responsible for:

a) Performing duties assigned by the Head of the Team and participating in the general activities of the investigation Team;

b) Having the right to give and reserve their comments; in case of disagreement with the decision of the Head of the Team, the member can report to the Leader of bodies appointing employees to participate in the investigation Team;

c) Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;

Article 13. Procedures for occupational accident investigation of the grassroots occupational accident investigation Team

The grassroots occupational accident investigation Team shall perform the investigation by the following procedures:

1. Collects traces, evidence and documents related to occupational accident.

2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with this Decree.

3. Requests the technical inspection or forensic examination (if needed).

4. Analyzes the conclusion about: development and cause of occupational accident; conclusion about occupational accident; seriousness of violation and recommends the form of handling to the person who is at fault in the occupational accident; takes measures to remedy and prevent the recurrence of similar occupational accidents.

5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with this Decree.

6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree.

7. Participants of meeting to announce the Record of occupational accident investigation:

a) Head of occupational accident investigation Team;

b) Employer and person authorized in writing by the employer;

c) Members of occupational accident investigation Team;

d) Victim or victim’s representative, person who knows the facts or person concerned;

dd) Representative of the grassroots trade union executive committee or the direct superior trade union executive committee in case there is no grassroots trade union executive committee at such units.

8. If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.

9. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the grassroots occupational accident investigation Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the victim’s relative; Inspectorate of Department of Labor – Invalids and Social Affairs of employer’s head office; Inspectorate of Department of Labor – Invalids and Social Affairs at the place of accident occurrence.

Article 14. Procedures for occupational accident investigation of the provincial occupational accident investigation Team

The provincial occupational accident investigation Team performs its investigation by the following procedures:

1. Performs the contents specified in Paragraphs 1, 2, 3 and 4, Article 13 of this Decree.

2. Makes Record of occupational accident investigation under the Form specified in Appendix X issued with this Decree.

3. Holds meeting and prepares the Minutes of meeting to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree at the unit or the communal People’s Committee at the place of accident occurrence.

4. Participants of meeting to announce the Record of occupational accident investigation:

a) Head of occupational accident investigation Team;

b) Member of occupational accident investigation Team;

c) Employer and person authorized in writing by the employer in case the employee having accident works under labor contract; representative of communal People’s Committee at the place of accident occurrence in case the employee having accident does not work under labor contract;

d) Victim or victim’s representative, person who knows the facts or person concerned;

Representative of the grassroots trade union executive committee or the direct superior trade union executive committee at the place having no grassroots trade union executive committee in case the victim works under labor contract;

e) Invites the representatives of police agency and People's Procuracy which have joined the investigation in the event of fatal occupational accident.

5. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.

6. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the Ministry of Labor – Invalid and Social Affairs, the employers, victim or victim’s relative.

Article 15. Procedures for occupational accident investigation of the central occupational accident investigation Team

The central occupational accident investigation Team performs its investigation by the following procedures:

1. After the decision on establishing the occupational accident investigation Team, the Head of occupational accident investigation Team must notify immediately the bodies whose employees are members of occupational accident investigation Team.

2. The occupational accident investigation Team shall come to the place of accident occurrence and require the employer and the competent authorities to provide documents and means related to the accident and coordinate with the district or provincial Police to conduct the on-the-spot investigation to make a record of scene examination, injury examination, collection of trace, evidence and documents related to the accident.

3. Performs the contents specified in Paragraph 2, 3 and 4, Article 14 of this Decree.

4. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.

5. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the central occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the employer, the victim or the victim’s relative or the Ministry of Labor – Invalid and Social Affairs where the occupational accident is investigated under the provisions of Paragraph 1 and 2 of Article 21 of this Decree.

Article 16. Dossier of occupational accident

1. The employer must prepare the occupational accident. The dossier comprises of the original or copy of the following documents:

a) Record of scene examination (if any);

b) Scene outline;

c) Photos of scene and victim;

d) Record of autopsy or injury examination, except for missing case as declared by the Court;

dd) Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);

e) Record of testimony of the victim, the person who knows the facts or person concerned;

g) Record of occupational accident investigation;

h) Minutes of meeting to announce the Record of occupational accident investigation;

i) Certificate of injury of the medical facility which has treated the victim’s injury (if any);

k) Certificate of discharge of the medical facility which has treated the victim’s injury (if any);

2. In a case of occupational accident, if there are many persons having occupational accident, each person shall have a separate dossier.

3. Retention of dossiers of occupational accident;

a) The employer shall retain the dossiers of occupational accident in accordance with the provisions in Paragraph 8, Article 18 of this Decree.

b) The body establishing the provincial or central occupational accident investigation Team shall retain the dossiers of occupational accident in accordance with regulations of law on retention.

Article 17. Occupational accident re-investigation upon complaint or denunciation

1. Within 90 days after announcement of Record of occupational accident investigation, if there is any complaint or denunciation in accordance with regulations of law, the occupational accident re-investigation is done as follows:

a) Within 10 working days after receiving the complaint or denunciation, the body establishing the occupational accident investigation Team must review and handle such complaint or denunciation in accordance with the order, procedure and authority specified in the Law on Complaint and the Law on Denunciation;

b) Where the person making complaint or denunciation does not agree with the answer of the body or organization in charge of settlement specified under Point a of this Paragraph and continues making complaint or denunciation, the body having the authority to investigate in accordance with the provisions in Paragraph 2 and 3, Article 35 of the Law on occupational safety and sanitation shall establish the occupational accident investigation Team to conduct the occupational accident re-investigation  while informing in writing the result of re-investigation to the complainant or denouncer or stating the reasons in case of failure to conduct the re-investigation.

c) The establishment where the accident occurs and the grassroots occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the provincial occupational accident investigation Team;

d) The occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the central occupational accident investigation Team;

dd) Conclusion of the central occupational accident investigation Team is occupational accident final conclusion.

2. The previous Record of occupational accident investigation shall be invalidated when the Record of occupational accident re-investigation is announced.

Article 18. Responsibility of employer of facility where the occupational accident occurs

1. Promptly provides first-aid and emergency to the victim.

2. Notifies the occupational accident under the provisions of Article 10 of this Decree.

3. Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:

a) In case of required emergency to the victim and preventing risks and damages potentially occurring to other people which disturbs the scene, the employer of the facility where the occupational accident occurs must draw the scene outline, make a record, take photos or film the scene (if possible)

b) Only removes the scene and bury the corpse (if any) after finishing the investigation steps in accordance with regulations of this Decree with the written consent of the provincial occupational accident investigation Team or police agency.

4. Immediately provides documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.

5. Creates the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.

6. Establishes the grassroots occupational accident investigation Team to investigate the occupational accidents under the authority specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation and Paragraph 1, Article 11 of this Decree.

7. Provides all relevant information on occupational accident for all employees of his facility.

8. Completes and retain dossier of occupational accident for the employee during the period of time as follows:

a) 15 years for fatal occupational accidents;

b) Until the employee’s retirement for other occupational accidents.

9. Makes payment of expenses for occupational accident investigation including the re-investigation as stipulated under Point a, Paragraph 1, Article 27 of this Decree, except for case of occupational accident re-investigation as required by the social insurance body.

10. Takes remedial measures and settle the consequences due to occupational accident; learns from experience; implements and reports the result of implementation of recommendations specified in the record of occupational accident investigation; handles under authority the persons at fault for occupational accident.

Article 19. Notification, investigation and report on occupational accident towards Vietnamese employees working abroad

1. In addition to compliance with the law of the host country, the employers and employees working abroad still have to follow the notification, investigation and report as stipulated in this Article upon occurrence of occupational accident towards the employees in the following cases:

a) The employees going to work abroad under the contract of sending the employee to work abroad with the winning and contracting enterprises or organizations or individuals making investment abroad and sending employees to work abroad according to the Law on Vietnamese employees working abroad under labor contract;

b) The employees going to work abroad under the contract to send employees abroad to work in the form of internship for skill improvement with the enterprises sending employees abroad to work in the form of internship for skill improvement according to the Law on Vietnamese employees working abroad under labor contract;

c) The Vietnamese employees who perform duties abroad as assigned by the employers in accordance with the laws of Vietnam for the following duties: seminar or conference attendance, short-term study, reality study abroad.

2. The notification in cases specified in Paragraph 1 of this Article is specified as follows:

a) When the occupational accident occurs, the victim or the Vietnamese employee working abroad with the victim knowing the facts must notify the employer.

b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after receiving the notification of accident, the employer must notify by the fastest way (directly, phone, fax, telegram, email) the Inspectorate of Labor- Invalids and Social Affairs at the place of employer’s head office; the content of notification is under the Form specified in Appendix III issued with this Decree.

3. The investigation and verification for cases specified in Paragraph 1 of this Article are defined as follows:

a) The Vietnamese employee having accident while performing duties assigned by the employer at the rational location and time shall be entitled to the compensation and allowances as stipulated in Article 38 and 39 of the Law on occupational safety and sanitation.

b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after finishing the investigation, the employer must provide dossier and documents related to the occupational accident as stipulated in Paragraph 4 of this Article for the Inspectorate of Labor- Invalids and Social Affairs in Vietnam at the place of employer’s head office for reviewing and making record of verification of occupational accident under the Form specified in Appendix X issued with this Decree.

4. The employer must prepare and retain dossier and documents related to the occupational accident, including:

a) Decision of the facility sending the employee to work abroad;

b) Certified translation copy and copy of record of scene examination of foreign competent authorities;

c) Translation copy of copy of scene outline of the foreign competent authorities; scene photo; victim’s photo;

d) Certified translation copy and copy of record of autopsy or injury examination;

Certified translation copy of record of testimony of the victim, person knowing the facts or person concerned (if any);

e) Certified translation copy and copy of accident certificate of foreign competent authorities.

g) Certified translation copy and copy of injury certificate of foreign medical facility or injury certificate of Vietnam medical facility;

h) Certified translation copy and copy of certificate of discharge of foreign medical facility or injury certificate of Vietnam medical facility in case of treatment in Vietnam;

Article 20. Coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs

1. The coordinated investigation of fatal occupational accident is done as follows:

a) When detecting or receiving information on fatal occupational accident, the provincial occupational accident Team shall coordinate with the investigation police agency having the authority for the initial investigation to carry out the following: scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents while informing the People’s Procuracy at the same level to control the scene examination and autopsy;

b) The body which come to the place of occupational accident occurrence in advance shall notify the body coming later (the investigation police agency shall inform the provincial occupational accident investigation Team through the Inspectorate of Labor- Invalids and Social Affairs). After informing, if the provincial occupational accident investigation Team, the investigation police agency still conducts the scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents as prescribed by law and notifies the provincial occupational accident investigation Team of the activities which the investigation police agency has done within the range of coordinated relation specified under Point a of this Paragraph;

c) As required by the investigation police agency and the People’s Procuracy, the provincial occupational accident investigation Team must provide the specialized information and documents on occupational safety and sanitation and information and documents for the purpose of investigation and settlement of occupational accident;

d) After finishing the making of record of scene examination and autopsy, the investigation police agency shall provide the copy of record of scene examination and copy of record of autopsy for the provincial occupational accident investigation Team;

dd) Within 10 working days after finishing the coordinated initial investigation, the provincial occupational accident investigation Team shall send the official letter to the investigation police agency and the People’s Procuracy with coordinate participation, specifying the viewpoint of cause and fault of persons concerned and if such accident is an occupational accident or not;

e) Within 10 working days after receiving the official letter from the provincial occupational accident investigation Team, the investigation police agency shall reply in writing if such accident is an occupational accident or not or not yet defined;

g) Where the investigation police agency defined it as occupational accident, the provincial occupational accident investigation Team shall conduct the investigation and draw conclusion as stipulated in Article 14 of this Decree and inform the result to the investigation police agency and the People’s Procuracy at the same level;

h) Where the investigation police agency has not defined it as occupational accident, the provincial occupational accident investigation Team shall suspend the occupational accident investigation until the conclusion of the investigation police agency.

2. The coordinated occupational accident investigation with criminal sign is done as follows:

a) During the occupational accident investigation under the authority specified in Paragraphs 1, 2 and 3, Article 35 of the Law on occupational safety and sanitation and the Articles 13, 14, 15, 17, 19, 21 and 22 of this Decree, if detecting the circumstances with criminal signs, the occupational accident investigation Team shall send document to recommend the prosecution, enclosed with the original documents, transfer of relevant objects and means (if any) to the investigation police agency for review and prosecution of criminal case as prescribed by law while sending document to the People’s Procuracy at the same level;

b) The investigation police agency must settle the recommendations of prosecution and inform the settlement result as prescribed by law.

3. Responsibility of investigation police agency in case of deciding not to prosecute the criminal case to the occupational accident is as follows:

a) Within 24 hours after issuing the decision on non-prosecution of criminal case to the occupational accident, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level;

b) Within 03 days, after receiving the written consent to no prosecution of the People’s Procuracy, the investigation police agency shall send this decision on non-prosecution of criminal case and hand over the objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.

4. Responsibility of investigation police agency in case of deciding to prosecute the criminal case to the occupational accident is as follows:

a) Within 24 hours after issuing the decision on prosecution of criminal case, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level while sending the copy of this decision to the Department of Labor – Invalids and Social Affairs;

b) Within 02 days after the conclusion of investigation, the investigation police agency shall send the investigation conclusion to the People’s Procuracy at the same level and the Department of Labor – Invalids and Social Affairs;

c) Within 03 days after receiving the written consent to suspension of investigation from the People’s Procuracy, the investigation police agency shall hand over the documents, objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.

5. When handing over the documents, objects and means related to the occupational accident as specified under Point a, Paragraph 2, Point b, Paragraph 3, Point c, Paragraph 4 of this Article, there must be a document of handover. The documents, objects and means handed over comprise of:

a) Decision on non-prosecution of criminal case in case specified under Point b, Paragraph 3 of this Article;

b) Record of scene examination;

c) Scene outline;

d) Photos of scene and victim (if any);

dd) Record of examination of traces on the body; record of autopsy (if any);

e) Record of testimony of the victim (if any), the witness and the persons having interests and obligations related to the occupational accident;

g) Result of judicial expertise (if any);

h) Objects and means related to the occupational accident (if any) subject to be handed over as prescribed by law and the record of seizure.

6. On the basis of each year, the provincial police agency shall inform the Department of Labor – Invalids and Social Affairs of the reality of occupational accident with criminal signs with prosecution, non-prosecution, investigation suspension and prosecution.

7. The Department of Labor – Invalids and Social Affairs, the provincial police agency and the provincial People’s Procuracy shall develop the regulation on coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs.

Article 21. Occupational accident investigation in particular fields

Where the occupational accidents occur in the fields of radioactivity, exploration and oil and gas extraction, the means of transportation of railway, waterway, roadway, airway and units of the people’s armed forces, the occupational accident investigation is done as follows:

1. Accident investigation according to regulations of specialized law.

2. For fatal occupational accidents and occupational accidents which seriously injure two employees or more but the specialized law does not define the occupational accident, the investigation bodies shall conduct the investigation under their authority as follows:

a) The Ministry of Science and Technology shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of radioactivity;

b) The Ministry of Transport shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred on the means of transportation of railway, waterway, roadway, airway; means and equipment of oil and gas exploration and extraction at sea;

c) The Ministry of Industry and Trade shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of oil and gas exploration and extraction; except for case of occurrence on means and equipment of oil and gas exploration and extraction at sea;

d) The Ministry of Defense and the Ministry of Public Security shall set up the occupational accident investigation Team to investigate the occupational accidents occurring in the units of the people’s armed force under their management.

dd) The occupational accident investigation Team specified under Points a, b, c and d of this Paragraph shall coordinate with the Inspectorate of Labor – Invalids and Social Affairs to investigate; the procedures for investigation shall comply with the provisions in Article 15 of this Decree.

3. For mild occupational accidents or the ones which seriously injure one employee but the specialized law does not define the occupational accident investigation, the employer shall conduct the occupational accident investigation as stipulated in Paragraph 1, Article 11 and 13 of this Decree.

4. The Record of occupational accident investigation under the Form specified in Appendix IX and X issued with this Decree.

Article 22. Investigate occupational accidents which injure one employee and turn into fatal occupational accident

For occupational accidents which injure the employee under the employer’s investigation authority, but after that, the employee died during the treatment or due to the recurrence of injury caused by the occupational accident, the coordinated investigation is stipulated as follows:

1. The grassroots occupational accident investigation Team must hand over all documents related to the occupational accident under investigation to the provincial occupational accident investigation Team;

2. Where the grassroots occupational accident investigation Team has not yet conducted its investigation, the provincial occupational accident investigation Team shall continue its investigation by the procedures for fatal occupational accident specified in Article 14 of this Decree;

3. Where the grassroots occupational accident investigation Team has finished its investigation of occupational accident, the provincial occupational accident investigation Team shall review the dossier of occupational accident which it receives and assess the result of investigation of the grassroots occupational accident investigation Team; in case of necessity, it shall conduct the re-investigation and make a record of investigation for this occupational accident as stipulated in Article 17 of this Decree.

Article 23. Traffic accident investigation related to labor

Where the employee has traffic accident while performing the occupational work or duties or while going from his residence to workplace or vice versa, the occupational accident investigation Team having the authority specified in Paragraphs 1, 2, 3 and 4, Article 35 of the Law on occupational safety and sanitation, Article 11 and 21 of this Decree shall conduct its verification and make record of occupational accident investigation based on one of the following documents:

1. Dossier for settlement of traffic accident of the traffic police agency;

2. Written certification of the accident of the communal police agency where the accident occurs.

3. Written certification of accident of local government where the accident occurs.

Article 24. Time and form of occupational accident report

The occupational accident report as stipulated in Article 36 of the Law on occupational safety and sanitation is made as follows:

1. The employer shall send the general report on the reality of occupational accident to the Department of Labor – Invalids and Social Affairs where the employer’s head office is situated; the report must be sent before the 5th of July annually for the first 06 months and before the 10th of January of the subsequent year of the annual report under the Form specified in Appendix XII issued with this Decree. The report is sent by one of the following forms: directly, fax, post, email.

2. The communal People’s Committee shall report the occupational accident and technical incident which causes serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area specified in Paragraph 2, Article 36 of the Law on occupational safety and sanitation to the district People’s Committee under the Form specified in the Appendix XVI issued with this Decree before the 5th of July for the first 06 month report and before the 5th of January of subsequent year for the annual report.

3. The district People’s Committee shall summarize the occupational accidents and technical incidents causing serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area and report to the Department of Labor – Invalids and Social Affairs under the Form specified in Appendix XVI issued with this Decree before the 10th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report.

4. Reporting responsibility of the Department of Labor – Invalids and Social Affairs:

a) Rapidly reports the fatal occupational accidents and serious occupational accidents which injure 02 employees or more to the Ministry of Labor – Invalids and Social Affairs under the Form specified in the Appendix XIII issued with this Decree.

b) Summarizes the reality of occupational accidents in the first 06 months and 01 year in the provincial areas; sends the general report on reality of occupational accident under the Form specified in Appendix XIV and Appendix XV issued with this Decree to the Ministry of Labor – Invalids and Social Affairs (Bureau for safe work) and the provincial Department of Statistics before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report.

5. The bodies in charge of occupational accident investigation in the particular fields as stipulated in Paragraph 4, Article 35 of the Law on occupational safety and sanitation and Article 21 of this Decree must report the reality of occupational accident under their investigation authority and send it to the Ministry of Labor – Invalids and Social Affairs before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report under the Form specified in Appendix XVII issued with this Decree.

Article 25. Provision of information about the case where the victim of occupational accident is examined and treated at the medical facility

1. The medical facility shall make statistics of cases of occupational accident which are examined and treated at the facility and sends it to the Department of Health before the 5th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report under the Form specified in Appendix XVIII issued with this Decree.

2. The Department of Health shall make a summary of victims of occupational accident who are examined and treated at the medical facility in the areas under the Form specified in Appendix XIX issued with this Decree and send it to the Ministry of Health before the 15th of July for the first 06 month report and before the 25th of January of subsequent year for the annual report.

3. The Ministry of Health shall send the summary of victims of occupational accident who are examined and treated at the medical facility to the Ministry of Labor – Invalids and Social Affairs before the 31st of July for data of the first 06 month and before the 15th of February of the subsequent year for the annual data under the Form specified in Appendix XX issued with this Decree.

Article 26. Notification, investigation and report on technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation

1. Upon occurrence of incident which causes death or serious injury to 02 persons or more but the victims are not the employees under the employer’s management or when the employee is in distress but the casualty is unknown, the employer of the facility where the incident occurs must notify it by the fastest way to the Inspectorate of Department of Labor – Invalids and Social Affairs where the incident occurs and to the district Police if the victim is dead under the Form specified in Appendix III issued with this Decree.

2. In addition to the notification specified in Paragraph 1 of this Article, the technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation must be notified, investigated, counted and reported in accordance with the specialized laws.

3. For the technical incident causing serious occupational unsafety and insanitation but the specialized laws have not yet defined the notification, the following provisions must be observed:

a) The person who detects or receives the notification of technical incident causing serious occupational unsafety and insanitation must notify immediately the employer of the facility where the incident has occurred or to the communal People’s Committee where the incident has occurred. The employer or the communal People’s Committee must notify immediately the district People’s Committee where the incident has occurred;

b) For technical incident causing serious occupational unsafety and insanitation pertaining to the many business and production establishments and localities, the employer and locality where the incident has occurred must notify immediately the district and provincial People’s Committee.

4. After conducting the investigation of technical incident causing serious occupational unsafety and insanitation in accordance with the specialized laws, the competent state authorities shall take responsibility for investigation and send the result, conclusion and investigation record to the provincial Department of Labor – Invalids and Social Affairs where the incident has occurred, the Ministry of Labor – Invalids and Social Affairs and the relevant bodies.

Article 27. Expenses of occupational accident investigation

1. The expenses of occupational accident investigation for the employees working under labor contract are stipulated as follows:

a) The employer is responsible for paying all expenses, including: scene reconstruction, shooting, printing, photo enlargement of scene and victim; technical inspection solicitation and forensic examination (in case of necessity); autopsy, printing of documents related to the occupational accident; vehicles at the place of occupational accident occurrence for the investigation of occupational accident; meeting to announce the record of occupational accident investigation;

b) The body having the authority to investigate the occupational accident and the body appointing its employee to participate in occupational accident investigation shall pay the traveling expenses to the participants under the current laws.

c) The expenses of occupational accident investigation from the employer shall be accounted in the costs of business and production and are the rational expenses to calculate and pay the corporate income tax in accordance with the provisions of the Law on corporate income tax; where the employer is a non-business enterprise, these expenses shall be accounted in the expenses and price of non-business services and are the rational expenses to calculate and pay tax according to regulation; where the employer is an administrative body, these expenses shall be allocated in its regular operational costs of the units and bodies.

2. The rational expenses pertaining to the occupational accident investigation of the employee who does not work under labor contract shall be paid by the communal People’s Committee and the state body having the authority to investigate the occupational accident in the regular operational costs of the units and bodies.

Article 28. Settlement of occupational accident benefits for the employee in case the occupational accident has decision on criminal case prosecution

The settlement of occupational accident benefits for the employee in case the occupational accident has decision on criminal case prosecution as stipulated in Paragraph 11, Article 35 of the Law on occupational safety and sanitation is specified as follows:

1. Where the time limit for investigation is over but the investigation police agency cannot identify the person who causes the accident or the criminal case is suspended, the employer and the social insurance body must fully implement the responsibility to the affected person as stipulated in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.

2. Where the investigation police agency issues a decision on prosecuting the accused but the affected employee is not the accused, the employer and the social insurance body still have to fully implement the responsibilities to the affected employee as prescribed in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.

Chapter IV

OCCUPATIONAL SAFETY AND SANITATION FOR THE EMPLOYEES AS ELDERLY, RE-EMPLOYED EMPLOYEE, PUPILS, STUDENTS AND PERSONS WORKING IN THE FIELD OF ARTS AND SPORTS

Article 29. Conditions for employing the elderly employee to perform the heavy, dangerous and hazardous trades and jobs

1. Only employ the elderly employees to perform the heavy, dangerous and hazardous trades and jobs which badly affect their health when meeting the following conditions:

a) The elderly employee must have experience with seniority of full 15 years or more in which there is at least 10 consecutive years of practice before the time of signing labor contract with the elderly employee;

b) The elderly employee must have high professional skills and certificate or be recognized as artisan according to the regulations of law; the employer must carry out the examination and testing before signing labor contract;

c) The elderly employees must be physically fit according to health standards issued by the Ministry of Health after the comments of the specialized ministry corresponding to the heavy, hazardous and dangerous trades and jobs and their health must be checked up at least 02 times 01 year;

d) Only employ each elderly employee for not more than 05 years;

dd) There must be 01 employee who is not the elderly employee to work together with the elderly employee when performing work at a workplace;

e) The elderly employee has to submit application for voluntary work to the employer to review before signing labor contract.

2. The employer has a need to employ the elderly employee for heavy, dangerous or hazardous trades and jobs must make a plan and send it to the Ministry having authority to manage the sector with the following basic contents:

a) Title of trades and jobs with the description of characteristics and working conditions of trades and jobs employing elder employees;

b) Recommendations and eval‎uation of each specific condition for employing elder employees specified in Paragraph 1 of this Article.

3. The line ministry stipulates the title of heavy, hazardous and dangerous trades and jobs which can employ elderly employees and specific conditions in the sectors and areas under its management.

4. The employment of elderly people for heavy, dangerous or hazardous trades and jobs must follow the provisions in Paragraphs 1, 2 and 3 of this Article like the employment of elderly employees for heavy, hazardous and dangerous trades and jobs.

Article 30. Contents of occupation safety and sanitation in the re-employment contract between the re-employment provider and the re-employment party

1. In the re-employment contract between the re-employment provider and the re-employment party as stipulated under Point a, Paragraph 1, Article 65 of the Law on occupational safety and sanitation including the following main contents:

a) Checkup before work or position placement, periodical checkup and occupational checkup;

b) Training about occupational safety and sanitation;

c) Occupational personal protection equipment

d) Notification, investigation, statistics and report on occupational accident or occupational disease;

dd) Benefits for the re-employed employee who has occupational accident or occupational disease;

e) Coordinate and inspect the re-employment party to ensure the occupational safety and sanitation for the re-employed employee;

2. The contents of occupational safety and sanitation in the re-employment contract must ensure the following principles:

a) There must not the rights and interests lower than the contents specified in the labor contract which the re-employment provider has signed with the re-employed employee;

b) The contents to ensure the occupational safety and sanitation for the re-employed employee must not be lower than the employee of the re-employment party in the same working conditions.

Article 31. Responsibility of re-employment provider

Responsibility for ensuring the occupational safety and sanitation of the re-employment provider specified in Paragraph 1, Article 65 of the Law on occupational safety and sanitation is as follows:

1. Must ensure all rights and interests of the re-employed employees under the responsibility of the employer as stipulated in the Law on occupational safety and sanitation. Where the re-employment party does not commit or fully follow its commitment about ensuring the occupational safety and sanitation in the signed re-employment contract, the re-employment provider must take responsibility in ensuring all rights and interests of the re-employed employees.

2. Coordinates with the re-employment party in investigating the occupational accident which injure mildly or seriously 01 re-employed employee under the authority of the grassroots occupational accident investigation Team; carries out the benefits for the employee who has occupational accident or occupational disease as specified in Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 38 and 39 of the Law on occupational safety and sanitation;

3. Retains dossiers of occupational safety and sanitation related to the re-employed employee; reports the occupational accident or occupational disease in accordance with the provisions in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree;

4. Informs the re-employed employee of the contents to ensure the occupational safety and sanitation in the re-employment contract; appoints employee to regularly monitor, coordinate and inspect the occupational safety and sanitation assurance for the re-employed employee of the re-employment party;

5. Fully follows other commitments about the occupational safety and sanitation under the responsibility of the re-employment provider specified in the re-employment contract.

Article 32. Responsibility for ensuring the occupational safety and sanitation of the re-employment party for the re-employed employee

The responsibility for ensuring the occupational safety and sanitation of the re-employment party is stipulated as follows:

1. Implements the employer’s responsibility and power for the occupational safety and sanitation in accordance with the provisions in Article 17 of the Law on occupational safety and sanitation and the guiding contents in this Decree; do not discriminate on occupational safety and sanitation to the re-employed employee compared with its employees.

2. Follows the regulation on personal protection equipment in work; general checkup and checkup for detection of occupational disease for the re-employed employee as stipulated in Article 21 and 22 of the Law on occupational safety and sanitation.

3. Informs and provides instructions for the re-employed employee on labor rules, dangerous and harmful factors and the measures to ensure the occupational safety and sanitation at the workplace.

4. Provides training on occupational safety and sanitation for the re-employed employee as stipulated in Article 14 of the Law on occupational safety and sanitation. Where the re-employment provider has provided the training for the re-employed employee, the re-employment party shall provide additional training of contents in line with the reality and working conditions at the re-employed employee workplace like the instructions to the re-employment party’s employees.

5. Upon the occurrence of occupational accident or technical incident causing the occupational unsafety and sanitation for the re-employed employee, the re-employment party must:

a) Provides timely first-aid and emergency for the victim:

b) Notifies the accident as stipulated in Article 34 of the Law on occupational safety and sanitation and Paragraph 1, Article 10 of this Decree.

c) Establishes the grassroots occupational accident investigation Team for the accidents under the authority as stipulated in Paragraph 1, Article 11 of this Decree; coordinates with the re-employment provider for occupational accident investigation; implements the benefits for the affected employee in line with the commitments in the re-employment contract.

6. When detecting the re-employed employee has occupational disease, the re-employment party must notify immediately the re-employment provider to implement the benefits for such re-employed employee in line with the commitments in the re-employment contract.

7. Summarizes the reality of occupational accident and occupational disease of the re-employed employees and sends it to the re-employment provider to make periodical report as stipulated in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree.

8. Retains, copies and sends dossiers of occupational safety and sanitation related to the re-employed employee to the re-employment enterprise;

Article 33. Support from educational establishments and vocational establishments for pupils and students who have occupational accident during their practice

The responsibility of educational establishments and vocational establishments for pupils and students who have occupational accident during their practice specified in Paragraph 3, Article 70 of the Law on occupational safety and sanitation is provided for as follows:

1. Promptly provide first-aid and emergency for affected pupils and students.

2. Pays medical fees from first-aid and emergency to stable treatment for the affected pupils and students as follows:

a) Pays in advance and pays the co-payments and the expenses not included in the list paid by the health insurance for pupils and students who participate in health insurance;

b) Pays all medical expenses for pupils and students who do not participate in health insurance;

3. Introduces the affected pupils and students for medical examination to determine the body injury at the medical examination Council and pays the fees of consultation and examination of body injury.

4. Provides one-time assistance in cash for the affected pupils and students as follows:

a) At least equal to 0.6 time of base salary in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive additional 0.16 time of base salary in case of working capacity reduction from 11% to 80%;

b) At least equal to 12 times of base salary for pupils and students with working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accident;

c) Implements the assistance to the affected pupils and students within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to accident.

5. The dossier and procedures for the affected pupils and students to receive the assistance of the educational establishments and vocational establishments are in accordance with the provisions in Paragraphs 2, 3 and 4 of this Article like the dossier and procedures for the affected employee to receive the allowance from the employer.

6. In case the pupils and students are the employees who are sent to study by the employer, the educational establishments and vocational establishments must:

a) Implement the responsibility for the pupils and students as stipulated in Paragraph 1 of this Article;

b) Coordinate with the employer to notify, investigate and report the occupational accident in accordance with the provisions in the Law on occupational safety and sanitation and this Decree.

Article 34. Occupational safety and sanitation for employees working in the field of arts and sports

1. The occupational safety and sanitation assurance, development and compliance with policies and benefits of occupational accident or occupational disease for the employee working in the field of arts and sports must be in line with the occupational characteristics according to the following basic factors:

a) Age, seniority, process of trade learning and apprenticeship;

b) Time and location of practice, training, competition, performance;

c) Salary, remuneration, social insurance;

d) Other objective conditions such as weather and audiences.

2. Based on the provisions in Paragraph 1 of this Article, the Minister of Culture, Sports and Tourism providing for the occupational safety and sanitation for the employees working in the field of arts and sports after having the agreement from the Minister of Labor - Invalids and Social Affairs.

Chapter V

OCCUPATIONAL SAFETY AND SANITATION FOR BUSINESS AND PRODUCTION ESTABLISHMENTS

Article 35. Responsibility of management boards of economic zones, industrial parks, export processing zones, high-tech zones for occupational safety and sanitation

The responsibility of management of economic zones, industrial parks, export processing zones, high-tech zones for occupational safety and sanitation as specified in Paragraph 2, Article 71 of the Law on occupational safety and sanitation is as follows:

1. Propagate, disseminate and urge the business and production establishments under their management to comply with the regulations of law on occupational safety and sanitation.

2. Inspect the implementation of occupational safety and sanitation towards the business and production establishments under their management, unless otherwise specified by the specialized law;

3. Coordinate with occupational safety and sanitation inspection Teams and occupational accident investigation Teams as required;

4. Summarize and report the occupational safety and sanitation and reality of occupational accident and occupational disease of the business and production establishments under their management to the Department of Labor - Invalids and Social Affairs as authorized in accordance with regulations of law;

Article 36. Organization of occupational safety and sanitation division

The organization of occupational safety and sanitation division specified in Paragraph 1, Article 72 of the Law on occupational safety and sanitation is provided for as follows:

1. For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

b) The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

c) The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

d) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

b) The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

c) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

3. The persons performing the activities of occupational safety and sanitation in the form of full-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

a) Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

b) Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.

c) Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.

4. The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

a) Have university level of engineering specialties;

b) Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

c) Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.

Article 37. Organization of medical division

The organization of medical division specified in Paragraph 1, Article 73 of the Law on occupational safety and sanitation is provided for as follows:

1. For the business and production establishments operating the fields and business lines of processing and preservation of aquatic products and products from aquatic products, mining, production of textile, leather, shoes, coke production, chemical production, making of products from rubber and plastic, waste recycling, environmental sanitation, metal production, ship building and repairment, production of constructional materials, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

b) The business and production establishments which employ between 300 and 500 persons must have at least 01 doctor/physician and 01 person to carry out the medical activities with intermediate educational level;

c) The business and production establishments which employ between 500 and under 1000 persons must have at least 01 doctor and each shift must have 01 person to carry out the medical activities with intermediate educational level;

d) The business and production establishments which employ 1000 persons or more must establish the medical facility in the form and structure in accordance with regulations of law on health examination and treatment.

2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 500 persons must have at least 01 person to carry out the medical activities with intermediate educational level;

b) The business and production establishments which employ between 500 and 1000 persons must have at least 01 physician and 01 person to carry out the medical activities with intermediate educational level;

c) The business and production establishments which employ over 1000 persons must have at least 01 doctor and 01 person to carry out other medical activities.

3. The persons performing the medical activities at the establishments specified in Paragraph 1 and 2 of this Article must meet all following conditions:

a) Have medical qualifications including: doctor, doctor of preventive medicine, bachelor of nursing, physician, intermediate-level nurse and midwife;

b) Have occupational health certificate.

4. The employer must notify the information of the grassroots health workers under the Form XXI issued with this Decree with the provincial Department of Health where the head office of the establishment is situated.

5. Where the establishment does not arrange the health workers or does not set up its medical division as stipulated in Paragraphs 1, 2 and 3 of this Article, the business and production establishment shall:

a) Sign contract with the qualified medical facility in accordance with the following regulations: providing a sufficient number of health workers prescribed in Paragraphs 1, 2 and 3 of this Article; promptly be present at the business and production establishment upon the occurrence of emergency within 30 minutes for the plain, towns, cities and 60 minutes for mountainous areas and remote areas;

b) Notify the information of the medical facility under the Form in the Appendix XXII issued with this Decree to the provincial Department of Health where the head office of the establishment is situated.

Article 38. Organization of grassroots occupational safety and sanitation Council

The organization of grassroots occupational safety and sanitation Council specified in Paragraph 1, Article 75 of the Law on occupational safety and sanitation is provided as follows:

1. The employer must set up the grassroots occupational safety and sanitation Council in the following cases:

a) The business and production establishments which belong to the areas and business lines specified in Paragraph 1, Article 36 of this Decree and employ 300 persons or more;

b) The business and production establishments which are operating in areas and business lines different from the business and production establishments specified under Point a of this Paragraph and employ 1000 persons or more;

c) State economic groups and corporations.

2. The business and production establishments which are different from those specified in Paragraph 1 of this Article should set up the occupational safety and sanitation Council in case of necessity and eligibility for operation.

Chapter VI

STATE MANAGEMENT OVER OCCUPATIONAL SAFETY AND SANITATION

Section 1. DEVELOPING THE NATIONAL STANDARDS, DEVELOPING AND ISSUING THE NATIONAL REGULATIONS ON OCCUPATIONAL SAFETY AND SANITATION

Article 39. Responsibility for developing and issuing the national regulations on occupational safety and sanitation

Assigning the development and issuance of national regulations on occupational safety and sanitation of the Ministries as specified in Paragraph 3, Article 87 of the Law on occupational safety and sanitation as follows:

1. Ministry of Health

a) Occupational safety and sanitation for the occupational sanitary factors in working environment, except for radioactive and radiative factors specified under Point a, Paragraph 6 of this Article.

b) Occupational safety for medical equipment with strict requirements on occupational safety.

2. Ministry of Agriculture and Rural Development

a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for: agricultural products, forestry products, aquatic products, salt, livestock, poultry and livestock; agricultural, forestry and aquatic materials, fertilizer; products in farming, harvesting, processing, storage and transportation of agricultural products, forestry products, aquatic products, salt, additive and chemical used in agriculture, forestry and fisheries; plant and animal protection products, irrigation works and dykes.

b) Occupational safety for equipment, machine and materials with strict requirements on occupational safety in the group of machine, equipment and materials of agriculture, forestry, salt production and fisheries.

3. Ministry of Transport

a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for means of transportation, means and equipment of loading and unloading, specialized performance in transportation (except for means used for national defense, security and fishing boat); technical equipment of transportation; means and equipment for exploration and exploitation at sea;

b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: means of transportation must be registered in accordance with regulations of law in the field of transportation; means and equipment of loading and unloading and specialized performance in transportation; means and equipment for exploration and exploitation at sea;

4. Ministry of Industry and Trade

a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for mechanical industry, metallurgy; production, transmission and distribution of electricity, new energy and renewable energy; coal mining; mining, processing, transportation, distribution and storage of oil and gas and petroleum products, except for means and equipment for exploration and exploitation at sea;

b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: industrial explosive materials, pressure equipment, industrial lifting equipment; equipment used for mining, oil and gas extraction, excluding equipment and means for exploration and exploitation at sea.

c) Occupational safety and sanitation for chemicals (including pharmaceutical chemistry), except for cases specified under Point a, Paragraph 1 and Point c, Paragraph 10 of this Article.

5. Ministry of Construction

a) Occupational safety and sanitation in developing technical measures and organization of works construction.

b) Occupational safety for machine and equipment with strict requirements on occupational safety used in construction.

6. Ministry of Science and Technology

a) Occupational safety and sanitation for nuclear reactors, nuclear materials, nuclear source materials, radioactive substances and radiative equipment.

b) Assessment of draft of national technical regulations on occupational safety and sanitation as stipulated in the Law on technical regulations and standards.

7. Ministry of Information and Communications

a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for telecommunication works; telecommunication networks, electronics and information technology.

b) Occupational safety and sanitation for machine and equipment with strict in the requirements on occupational safety in the group of telecommunication machine and equipment; radio transmitters and transceivers.

c) Occupational safety and sanitation for radio frequency in working environment, unless otherwise specified under Point a, Paragraph 1 of this Article.

8. Ministry of Defense

a) Occupational safety and sanitation for military means and equipment, weapons and ammunition, products for national defense and national defense works not subject to state secrets.

b) Occupational safety for machine, equipment and materials with strict requirements on occupational safety specially used for the purpose of national defense and military characteristics.

9. Ministry of Public Security

a) Occupational safety and sanitation for technical equipment, weapons and ammunition, military equipment, explosive materials and other products used for people police forces not subject to state secrets unless otherwise specified under Point a, Paragraph 8 of this Article.

b) Occupational safety for machine and equipment used for fire prevention and fighting with strict requirements on occupational safety.

10. Ministry of Labor - Invalids and Social Affairs

a) Occupational safety and sanitation for personal protection equipment for the employees; technical equipment in vocational establishment; products, goods, services, process and environment not specified under Point a of Paragraph 1, Point a of Paragraph 2, Point a of Paragraph 3, Point a of Paragraph 4, Point a of Paragraph 5, Point a of Paragraph 6, Point a of Paragraph 7, Point a of Paragraph 8, Point a of Paragraph 9 of this Article, except for products, goods, services, process and environment not assigned by the Prime Minister under the provisions of Point Article of this Paragraph;

b) Occupational safety for machine, equipment and materials with strict requirement on occupational safety, except for machine and equipment specified under Point b of Paragraph 1, Point b of Paragraph 2, Point b of Paragraph 3, Point b of Paragraph 4, Point b of Paragraph 5, Point b of Paragraph 6, Point b of Paragraph 7, Point b of Paragraph 9 of this Article excluding machine, equipment and materials with strict requirements on occupational safety not assigned by the Prime Minister according to the provisions under Point d of this Paragraph;

c) Occupational safety and sanitation for the employees involved in chemical activities and management of chemical use in vocational establishments;

d) Coordinates with the ministries and ministerial agencies to request the Prime Minister to assign the tasks of development and issuance of national technical regulations on occupational safety and sanitation for new products, goods, services, process and environment or related to the range of management of ministries and ministerial agencies arising during operation and management.

11. During the development of draft of national technical regulations on occupational safety and sanitation, the ministries and ministerial agencies must gather the opinions publicly and widely from relevant organizations and individuals and opinions from the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health before sending it the Ministry of Science and Technology for assessment;

12. The development of national technical regulations on occupational safety and sanitation must ensure the consistency and uniformity in the entire system.

13. The information providing bodies and inquiry points concerning the technical barriers in trade of the Ministries are responsible for giving information on legal normative documents related to the quality measurement standards in the field of occupational safety and sanitation to the Ministry of Science and Technology to ensure the implementation of transparency in WTO and other free trade Agreements in which Vietnam is a member.

Article 40. Development of national standards on occupational safety and sanitation

1. The ministries and heads of ministerial agencies are responsible for developing the draft of national standards on occupational safety and sanitation within the sectors and areas assigned for management.

2. The organizations and individuals have the right to make suggestions or give comments about the plan for development of national standards on occupational safety and sanitation; give comments about the draft of standards of national standards on occupational safety and sanitation; develop or participate in development of draft of standards of national standards on occupational safety and sanitation to request the Ministry of Science and Technology to conduct the assessment and announcement.

Section 2. NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND SANITATION, PROVINCIAL COUNCIL FOR OCCUPATIONAL SAFETY AND SANITATION

Article 41. National council for occupational safety and sanitation

The establishment, functions, duties, organizations and operation of the national Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:

1. The Prime Minister shall decide on the establishment of national Council for occupational safety and sanitation based on the recommendations of the Minister of Labor - Invalids and Social Affairs.

2. The national Council for occupational safety and sanitation is the organization which shall give advice to the Government about new development, amendment or addition of policies and laws on occupational safety and sanitation.

3. The national Council for occupational safety and sanitation comprises of the following members:

a) Council Chairman is the Minister of Labor - Invalids and Social Affairs;

b) Council Vice Chairmen: Deputy Minister of Labor - Invalids and Social Affairs; Deputy Minister of Health and Vice Chairman of Vietnam General Confederation of Labor;

c) Council Members: Leadership representatives of the Ministries of Science and Technology, Public Security, Defense, Interior, Industry and Trade, Construction, Transport, Agriculture and Rural Development, Vietnam Cooperative Alliance, Vietnam Farmer’s Association, Chamber of Commerce and Industry of Vietnam and a number of agencies, organizations, experts and scientists under the decision of the Prime Minister.

4. The national Council for occupational safety and sanitation operates in accordance with the following provisions:

a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in new development, amendment and addition of policies and laws on occupational safety and sanitation operates in accordance with the following provisions:

b) The Council Chairman shall provide for the working regulation of the Council and its standing unit and secretary division.

c) The Council Chairman can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;

d) The funding for operation of the national Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the central budget, aggregated and allocated in the annual budget estimate of the Ministry of Labor - Invalids and Social Affairs.

Article 42. Provincial Council for occupational safety and sanitation

The establishment, functions, duties, organization and operation of the provincial Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:

1. The Chairman of provincial People’s Committee shall decide on the establishment of provincial Council for occupational safety and sanitation based on the recommendations of Director of Department of Labor - Invalids and Social Affairs.

2. The provincial Council for occupational safety and sanitation is the organization which shall give advice to the provincial People’s Committee about implementation of policies and laws on occupational safety and sanitation with the following main contents:

a) Measures to direct and run the implementation of guidelines and policies of the Party and laws of State on occupational safety and sanitation at localities;

b) Development of occupational safety and sanitation Program within localities and insertion in the social-economic development plan;

c) Polices on supporting the employees who do not work under labor contract at localities.

3. The provincial Council for occupational safety and sanitation comprises of the following members:

a) Council Chairman is the Vice Chairman of provincial People’s Committee or Director of Department of Labor - Invalids and Social Affairs;

b) Council Vice Chairmen are the Director or Deputy Director of Department of Labor - Invalids and Social Affairs, leadership representative of Department of Health and leadership representative of provincial Federation of Labor;

c) Council Members are the leadership representatives of Departments: Industry and Trade, Construction, Agriculture and Rural Development, Transport, Science and Technology; leadership of provincial Social Insurance body, Vietnam Cooperative Alliance, Provincial Farmer’s Association and representatives of businesses, agencies, organizations, experts and other scientists by decision of the Chairman of  provincial People’s Committee.

4. Operation of the Council includes the following basic contents:

a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in implementation of policies and laws on occupational safety and sanitation at localities;

b) The Chairman of provincial Council for occupational safety and sanitation provides for the working regulation of the Council, the assisting body and secretary division of the Council.

c) The Chairman of Council can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;

d) The funding for operation of the provincial Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the local budget as decentralized by the law of state budget.

Section 3. COORDINATED INSPECTION AND EXAMINATION OF OCCUPATIONAL SAFETY AND SANITATION

Article 43. Coordinated inspection and examination of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies and governmental agencies to carry out the inspection and examination of occupational safety and sanitation and handle under authority the acts of violation of law on occupational safety and sanitation.

2. The state management agency over the areas of radioactivity, exploration and extraction of oil and gas, means of transportation of railway, waterway, roadway, airway and units of armed forces shall announce the plan for inspection and examination of occupational safety and sanitation in these fields to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs of localities where the inspection is held for coordinated implementation.

3. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall carry out the irregular inspection of occupational safety and sanitation in the areas specified in Paragraph 2 of this Article in the following cases:

a) Under the direction of the Prime Minister;

b) Upon detection of risks of occupational unsafety and insanitation causing serious accident or effect on the employee’s health;

c) At the request of the line ministries.

4. The ministries and ministerial agencies carrying out the inspection of occupational safety and sanitation within their duties and powers of state management shall invite the representative of the Ministry of Labor - Invalids and Social Affairs to participate and send the result of inspection and recommendations to the Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs.

5. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall handle and settle the result of inspection and recommendations of occupational safety and sanitation of the ministries and ministerial agencies under its authority and announce the result to the agency sending the recommendations.

6. The provincial People’s Committee shall provide for the coordination between the Departments and Sectors of localities in inspection or examination of occupational safety and sanitation at localities.

Section 4. DEVELOPMENT OF NATIONAL PROGRAM AND NATIONAL DOSSIER OF OCCUPATIONAL SAFETY AND SANITATION

Article 44. Development of national Program of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies of the Government, provincial People’s Committee and the relevant agencies to develop the national Program of occupational safety and sanitation by each phase of 05 years and submit it to the Prime Minister for approval.

2. The development of national Program of occupational safety and sanitation must have the consultation from the Vietnam General Confederation of Labor.

Article 45. Coordinated development of national Dossier, provision of information and propagation of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries, ministerial agencies, provincial People’s Committees, political organizations, social – political organizations, occupational – social organizations and relevant agencies to annually develop, update and announce the national Dossier of occupational safety and sanitation for every 05 years/01 time. The national Dossier of occupational safety and sanitation is annually updated and at least comprises of the following information:

a) Guidelines and policies of the Party and State in occupational safety and sanitation;

b) System of legal normative documents on occupational safety and sanitation;

c) Organization of apparatus performing the state management over the occupational safety and sanitation; system of bodies which study and provide the training about the occupational safety and sanitation;

d) Coordinated mechanism of state management bodies, trade union organization, employer’s representative organization and relevant organizations;

dd) Programs and events of occupational safety and sanitation at national and provincial level;

e) Activities of inspection, examination, propagation and dissemination of law on occupational safety and sanitation.

g) Services in the field of occupational safety and sanitation;

h) Data of occupational accident and occupational disease and technical incident causing the occupational unsafety and insanitation;

2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies, governmental agencies and provincial People’s Committee to organize the activities of information and propagation on occupational safety and sanitation.

Section 5. TECHNICAL AND SCIENTIFIC STUDY AND APPLICATION IN OCCUPATIONAL SAFETY AND SANITATION

Article 46. Technical and scientific study and application in occupational safety and sanitation

1. The Ministry of Science and Technology uniformly manages the technical and scientific study and application in occupational safety and sanitation.

2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the Ministry of Science and Technology and the relevant agencies to study and recommend the building of laboratory and testing of national standards in service of occupational safety and sanitation.

Chapter VII

IMPLEMENTATION PROVISION

Article 47. Effect

1. This Decree takes effect from 01/07/2016.

2. The provisions in Articles 9, 10, 11, 12, 13 and 14 of Decree No. 45/2013/ND-CP dated 10/5/2013 of the Government detailing some Articles of the Labor Code on working time, break time and occupational safety and sanitation, Point a, b and c, Paragraph, Article 34 of Decree No. 59/2015/ND-CP dated 18/6/2015 of the Government on management of construction investment project shall be invalidated from the effective date of this Decree.

Article 48. Responsibility for implementation

1. The Minister of Labor - Invalids and Social Affairs provides the instructions on implementation of this Decree.

2. The Ministers and Heads of ministerial agencies provide the instructions on implementation of Article and Paragraphs assigned in this Decree and measures to implement the state management over the occupational safety and sanitation within their duties and powers.

3. The Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chairmen of People’s Committees of provinces and centrally-run cities are liable to execute this Decree./.

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc