Viet Nam - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

  • 2.2.1.1 Migrant workers

    Summary/citation: OSH provisions in the labour code apply to foreign workers who work on the territory of Vietnam.
    (Labour Code, Art. 2(3))

    "Foreign workers working in Vietnam have the same OSH rights and obligations as those of workers prescribed in Clauses 1 and 2 of this Article; regarding their participation in occupational accident and disease insurance, it will be done in accordance with the Government’s regulations."
    (OSH Law, Art. 2(4), 6(7))

    Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

    • Law on Occupational Safety and Health (Arts. 2(4), 6(7))

    • Labour Code (10/2012/QH13). (Art. 2(3))

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    

  • 2.2.1.2 Domestic workers

    Summary/citation: A domestic worker is a worker who regularly carries out domestic work for one or more than one households. Domestic work includes cooking, housekeeping, babysitting, nursing, caring for elders, driving, gardening, and other work for a household which is not related to commercial activities.
    (Labour Code, Arts. 179-183)

    1. Employers are responsible for guiding domestic workers on the use of machinery, facilities and utensils, fire-fighting equipment in family which are to serve their domestic work; implementing other mechanisms to guarantee OSH for domestic workers.
    2. Domestic workers are responsible for complying with the instruction on usage of machinery, utensils, facilities and fire-fighting equipment.
    3. The Minister of Labour, Invalids and Social Affairs shall specifically provide for OSH provisions applied to domestic workers.
    (OSH Law, 68)

    Restrictions / obligations: The Labour Code does not apply to persons who perform domestic work in the form of piecework.

    Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

    • Law on Occupational Safety and Health (Art. 68)

    • Labour Code (10/2012/QH13). (Arts. 179-183)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    

  • 2.2.1.3 Home workers

    Summary/citation: An employee may negotiate with an employer to perform regular work at home.
    (Labour Code, Art. 185)

    "1. Workers shall enter into written agreement with employers on working from home if they can guarantee OSH for the work assigned to them.
    2. In case an occupational accident takes place during the working process at home, the home worker or his/her family shall inform it immediately to the employer.
    If the victim of the occupational accident has participated in occupational accident and disease insurance, they will benefit from compensation applicable to victims of occupational accidents and diseases as provided for by this Law.
    If the victim of the occupational accident do not have to participate in occupational accident and disease insurance, the employer shall be responsible for settling compensation for them of this Law as provided for in Clauses 1 , 2, 3, 4, 5, 6, 7, 8 and 10 Article 38 of this Law.
    3. Employers shall be responsible for checking the OSH conditions at the workplace of home workers; implementing commitments in the agreement with the home workers; report on the occupational accidents happening to home workers together through a general report on occupational accidents as prescribed in Article 36 of this Law."
    (OSH Law, Art. 69)

    Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

    • Law on Occupational Safety and Health (Art. 69)

    • Labour Code (10/2012/QH13). (Art. 185)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: An “employee” shall mean a person who is at least 15 years of age, has the ability to work, works under an employment contract, is paid and is managed and controlled by the employer.

    Remarks / comments: The OSH Law applies to persons working without labour contracts. Self-employed fall under this category.
    The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

    • Law on Occupational Safety and Health (Art. 2(3))

    • Labour Code (10/2012/QH13). (Art. 2)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Directive No 20/2004/CT-TTg of the Government requires ministers, heads of Government agencies, sectors, organizations, chairman of municipal and provincial people’s committees under the Central Government to (i) continue to complete the implementation of OSH regulations in agriculture production; (ii) enhance occupational accident and disease prevention in agriculture production; (iii) promote the propaganda and dissemination for employers on legal norms, standards, technical norms, regulations, occupational accident preventives as operating machines and using pesticides in agriculture production; (iv) enhance international co-operation in the field of labour safety and hygiene in agriculture production; (v) intensify the investigation and inspection the execution of OSH regulations in agriculture production.

  The Law on Environment Protection No 55/2014/QH13 stipulates that environmental protection in agriculture production such as (i) ensuring the environmental hygiene in the residential area; (ii) collecting and treating waste water and solid waste; (iii) fertilizer, tools, bags or containers of fertilizer pesticide and veterinary medicine; should be implemented according to waste management regulation.

  The OSH law indicates that the Ministry of Agriculture and Rural Development is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to crops, livestock, fertilizer, feeder, pesticides, veterinary drugs, biological products used in agriculture, forestry , salt production, fishery, irrigation works, dikes.
  

  Remarks / comments: The Labour Code has not yet included specific articles on workers in the agricultural sector but it is applicable to all branches of economic activity and workers therein who are in an employment relationship, including employees in the agricultural sector who are in an employment relationship.

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 33(1)(b))

  • Law No. 55/2014/HQ13 on Environmental Protection (Arts. 67, 70, 71)

  • Directive No. 20.2004.CT-TTg Enhancing the Direction and Organization of Observance of Labour Safety and Sanitation in Agricultural Production

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 2.4.2 Construction

  Summary/citation: Vietnam Construction’s Law – Law No. 50/2014/QH13 stipulates that: (i) in the construction process, investors and contractors are responsible for the safety of the construction site, employees, equipment, construction machines; (ii) the investors must appoint the competent personnel to supervise and inspect the implementation of safety regulations of the investors; to stop or delay work on construction site when unsafe incident happens or having observed the contravention of safety regulations; to co-ordinate with contractors to deal with the incidents or fatal occupational accidents; (iii) the constructors should propose and implement measures to ensure safety for people, machinery, equipment, property, construction work, underground construction work and semi-detached construction; machinery and equipment, materials with strict requirements on labour safety must be verified on safety before putting into use; (iv) the constructors have responsibility to make a plan and implement measures to protect the environment during the construction process including atmospheric environment, water environment, solid waste, noise and other requirements in accordance with the environmental law.

  Decree No. 48/2010/ND-CP on the management of OSH and Environmental Protection lays down the duty to supervise and implement OSH work of investors and contractors.

  Circular No 22/2010/TT-BXD complements the Decree No 48/2010/ND-CP which stipulates that besides ensuring the requirements on construction sites, electrical safety, fire and explosion safety, training organization, health checking and personal protective equipment providing should be ensured following the law and regulations.

  The regulation QCVN 18:2014/BXD provides for requirements on safety engineering in civil and industrial constructions and urban engineering infrastructure; requirements on safety equipment for employees and safety machinery auditing on construction site.

  Law on Environmental Protection No 55/2014/QH13 stipulates that (i) in activities on construction site located in residential area dust, noise, vibration and light shall not exceed the allowed standards; (ii) building material transportation shall not scatter or pollute the environment; (iii) waste water, solid water and other kinds of waste shall be collected and treated following to the environmental standards.

  The OSH Law indicates that the Ministry of Construction is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH used in construction (Art. 33(1)(dd)).
  Furthermore, the OSH Law requires the development of OSH schemes when constructing, expanding or renovating works/infrastructure serving the production, use, preservation and storage of machinery, equipment, supplies and substances subject to strict requirements for OSH.
  1. The dossiers of investors and employers submitted to competent bodies for approval of construction, expansion or renovation of works and infrastructure serving the production, use, preservation and storage of machineries, equipment, supplies and substances subject to strict requirements for OSH must include OSH schemes for the workplace and the environment.
  2. OSH schemes must comprise major contents as follows:
  a) Location and scale of the infrastructure and works;
  b) A list and description of items in the infrastructure and works;
  c) A list and description of hazardous factors, toxic factors; measures to settle technical incidents causing serious OSH failure and provide emergency rescue.
  d) Measures to minimize and eliminate hazardous factors and toxic factors; incident settlement and emergency rescue plan.
  (Art. 29)

  Remarks / comments: The Labour Code has not yet included specific articles on workers in the construction sector but it is applicable to all branches of economic activity and workers therein who are in an employment relationship, including employees in the construction sector who are in an employment relationship.

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Arts. 29, 33(1)(dd))

  • Law No. 50/2014/QH13 of 18 June 2014 on Construction (Arts.51 (3), 107 (1e),109 (3),111 (2,3),112 (2d),113 (2b),115, 116))

  • Law No. 55/2014/HQ13 on Environmental Protection (Art.73)

  • Regulation QCVN 18:2014/BXD: National technical regulation on safety in construction

  • Circular No. 22/2010/TT-BXD on occupational safety in construction (Arts. 3, 4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 2.4.3 Services

  Summary/citation: The OSH Law indicates that the Ministry of Transport is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to means of transportation, loading/unloading equipment and facilities, transportation services, exploration/exploitation equipment and facilities in the sea, traffic infrastructure.

  Remarks / comments: The Labour Code has not yet included specific articles on workers in the services sector but it is applicable to all branches of economic activity and workers therein who are in an employment relationship, including employees in the services sector who are in an employment relationship.

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 33(1)(c))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 2.4.4 Public sector

  Summary/citation: The OSH Law applies to cadres, civil servants, public employees and persons working in the people’s armed forces (Art. 2(2)).
  Cadres, civil servants, public employees, persons in the people’s armed forces have similar rights and duties on OSH as regulated at Clauses 1 and 2 of this Article unless otherwise stipulated by other legal normative documents (Art. 6(5)).

  Remarks / comments: The Labour Code has not yet included specific articles on workers in the public sector but it is applicable to all branches of economic activity and workers therein who are in an employment relationship, including employees in the public sector who are in an employment relationship.

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 2(2), 6(5))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 2.4.5 Other

  Summary/citation: The Law on Environmental Protection No 55/2014/QH13 requires environmental protection in economic zones, industrial zones, processing and high-tech zones; craft villages; aquaculture; hospitals and health establishments; transportation; cargo import and transit; scrapes import and in research and experimental establishments.

  Remarks / comments: The Labour Code applies to all branches of economic activity and workers therein who are in an employment relationship.

  • Law No. 55/2014/HQ13 on Environmental Protection (Arts.65-67, 70-72, 74-76, 78, 79)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The Ministry of Health shall collaborate with the Ministry of Labour, Invalids and Social Affairs to issue a list of occupational diseases after consultation with the Vietnam General Confederation of Labour and the representative organizations of the employers.

  • List of insured occupational diseases

  • Circular No 44/2013/TT-BYT dated December 24th, 2013 on the addition of occupational diseases resulting from Talc pneumoconiosis to the list of insured occupational diseases; guidance on standardized diagnosis and examination

  • Labour Code (10/2012/QH13). (Art. 143(1))

  • Circular No 42/2011/TT-BYT November 30th, 2011 on the addition of occupational diseases resulting from cadmium poisoning, whole-body vibration, and occupational HIV infection to the list of insured occupational diseases; guidance on standardized diagnosis and examination.

  • Decision of the Ministry of Health 27/2006/QD-BYT 21 of 9 October 2006 on the addition of 4 occupational diseases to the list of insured occupational diseases

  • Joint Circular No 08/1998/TTLT-BYT-BLDTBXH providing guidance on the implementation of the provisions on occupational diseases.

  • Decision 167.BYT-QD Adding Five Occupational Diseases to the List of Insured Occupational Diseases

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Remarks / comments: Workers without labour contracts (informal economy) have the right to participate in and benefit from voluntary occupational accident and disease insurance as
  stipulated by the Government (Art. 6(3)(c))

  • Law on Occupational Safety and Health (Art. 6(3)(c))

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Ministry of Labour, Invalids and Social Affairs is responsible for the State management of employment, vocational training, wage and salary, social insurances (compulsory social insurance, voluntary social insurance and unemployment insurance), occupational safety, people with special contribution to the country, social protection, child care and protection, gender equality, social evils control and prevention. With regard to the industrial safety and occupational health, the Ministry is responsible for:
  a) Providing guidelines on how to implement legal regulations and policies on industrial safety and occupational health, working conditions, compensation of occupational accidents and diseases, and working and rest time;
  b) Collaborating with the Ministry of Public Health in stipulating and providing guidelines for the implementation of in-kind compensation scheme and defining the list of occupational diseases;
  c) Issuing the list of machinery, equipment and materials under strict requirements of labour safety, the list of personal protective equipment used by workers, the list of hazardous and dangerous occupations and jobs, the list of special hazardous and dangerous occupations and jobs;
  d) Stipulating and providing guidelines for the implementation of policies on the distribution of personal protective equipment, stipulating and providing guidelines on job classification according to working conditions;
  e) Stipulating and providing guidelines on registration, calibration and inspection of equipment, machinery and materials which need special occupational safety requirements;
  f) Issuing registration, calibration and inspection procedures applied to machinery, equipment and materials which need special occupational safety requirements under the Ministry’s authorities;
  g) Carrying out evaluation activities to assist other Ministries in defining and issuing procedures of registration, calibration and inspection of machinery, equipment and materials which need special occupational safety requirements, assisting other Ministries in defining and issuing standards, criterion, operating conditions of registration, calibration and setting up inspection institutions;
  h) Stipulating and providing guidelines on quality inspection applied to products and goods which need occupational safety requirements as required by law;
  i) Issuing the system of national standards on labour safety;
  j) Coordinating, cooperating and providing guidelines for carrying out the national programs on occupational safety, personal protective equipment and occupational hygiene, national weeks of occupational safety, occupational hygiene and explosion & fire prevention and fighting;
  k) Managing the national system of occupational accident/incident notification, investigation, reporting, data collection and reporting to higher authorities as required by laws.

  The Ministry of Health is in charge of managing labour hygiene and OSH for activities, equipment, chemicals used in medical- pharmacy sector.

  The Ministry of Industry and Commerce is responsible for managing OSH in the sectors of electricity, petrol & gas, among others.

  The Ministry of Science and Technology is in charge of setting OSH technical and radiation safety standards and regulations at State level.

  The Ministry of Construction is responsible for OSH in construction.

  The Ministry of Transportation is in charge of OSH in the transport sector.

  According to Art. 22(2) of the OSH Law, The Minister of Labour, Invalids and Social Affairs shall issue the list of heavy, hazardous, toxic work/occupations and extremely heavy, hazardous, toxic work/occupations after consulting the Ministry of Health; regulate criteria for classifying workers by working condition. The OSH Law furthermore indicates in Art. 33 that ministries are responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH as follows:
  a) The Ministry of Health is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to foods, pharmaceuticals, vaccines, medical products, cosmetics, materials for producing drugs and drugs for people, household chemicals, pesticides and disinfectants , medical equipment;
  b) The Ministry of Agriculture and Rural Development is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to crops, livestock, fertilizer, feeder, pesticides, veterinary drugs, biological products used in agriculture, forestry , salt production, fishery, irrigation works, dikes;
  c) The Ministry of Transport is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to means of transportation, loading/unloading equipment and facilities, transportation services, exploration/exploitation equipment and facilities in the sea, traffic infrastructure;
  d) The Ministry of Industry and Trade is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to pressure equipment, industrial lifting equipment, chemicals, industrial explosives, mining facilities, oil and gas except for exploration/exploitation equipment and facilities in the sea;
  dd) The Ministry of Construction is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH used in construction;
  e) The Ministry of Science and Technology is responsible for state management over nuclear reactors, nuclear materials, source nuclear materials, radioactive materials, radiation equipment;
  g) Ministry of Information and Communications is responsible for state management over machinery and equipment used in radio and television;
  h) The Ministry of Defense is responsible for state management over military means and equipment, weapons, ammunition, materials and products serving national defense and defense works;
  i) The Ministry of Public Security is responsible for state management over fire fighting equipment, technical equipment, weapons, ammunition, materials, support tools unless otherwise stipulated in Point h of this Clause.
  k) The Ministry of Labour, Invalids and Social Affairs is responsible for state management over personal protective equipment for workers, machinery, equipment, materials, supplies and substances subject to strict requirements for OSH which are not prescribed in Points a, b, c, d, dd, e, f, g, h and i of this Clause.
  2. Based on the socio-economic development situation and state management requirements, the Ministry of Labour, Invalids and Social Affairs shall be responsible for collaborating with line ministries managing specific sectors/areas in the submission to the Government for decision on assignment of specific agency responsible for the management of new machinery equipment, supplies and substances subject to strict requirements for OSH which are specified in Clause 1 of this Article or machinery, equipment, supplies and substances subject to strict requirements for OSH which are related to the management of many ministries and have not been clearly defined to be managed by which ministries under provisions of Clause 1 of this Article.
  3. Based on the authority for state management over machinery, equipment, supplies and substances subject to strict requirements for OSH prescribed in Clauses 1 and 2 of this Article and the List of machinery, equipment, supplies and substances subject to strict requirements for OSH prescribed in Clause 2 Article 28 of this Law, ministries shall:
  a) Develop detailed lists of machinery, equipment, supplies and substances subject to strict requirements for OSH under their management and send them to the Ministry of Labour - Invalids and Social Affairs for issuance;
  b) Issue the procedures for appraising machinery, equipment, supplies and substances subject to strict requirements for OSH under their management after consultation with the Ministry of Labour - Invalids and Social Affairs;
  c) Inspect the performance of appraisal activities under their state management as prescribed in Clauses 1 and 2 of this Article;
  d) Annually, send reports to the Ministry of Labour - Invalids and Social Affairs on the management of machinery, equipment, supplies and substances subject to strict requirements for OSH defined in Clauses 1 and 2 of this Article, unless otherwise stipulated by specialised laws.
  3. The Ministry of Labour - Invalids and Social Affairs, in collaboration with related ministries, shall take the lead in reviewing the lists of machinery, equipment, supplies and substances subject to strict requirements for OSH to submit to the Government for amendment and supplementation to make them suitable with the socio-economic development, science, technology and management level in each period.
  4. The Ministry of Labour - Invalids and Social Affairs, in collaboration with related ministries, shall take the lead in reviewing the lists of machinery, equipment, supplies and substances subject to strict requirements for OSH for amendment and supplementation to make them suitable with the socio-economic development, science, technology and management level in each period.
  

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Arts. 22(2), 33)

  • Decree No. 45/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code on working time, rest time and occupational safety and health. (Art. 25)

  • Decree No. 106/2012/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Labour, Invalids and Social Affairs. (Arts. 1, 2(10))

• 3.1.2 Chairperson and composition

  Summary/citation: The Ministry of Labour – Invalids and Social Affairs has one Minister and Deputy Minister. The Minister of the Ministry of Labour – Invalids and Social Affairs is appointed by means of a Decision of the State President in line with the Resolution of the National Assembly. Based on the proposal of the Minister, the Deputy Minister shall be appointed by the Prime Minister.

  • Law No. 32/2001/QH10 on the Organization of the Government (Arts. 3, 20)

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The major tasks of the National Institute of Labour Protection include:
  1. To carry out the scientific and technological research tasks on occupational safety and health given by the State as follows:
  • To research, develop and apply science and technology to occupational safety and health;
  • To set and evaluate the criteria of occupational safety and health, environmental effect and working conditions for workers;
  • To compile the standards on occupational safety and health;
  • To establish and develop the scientific and technological potentialities of the Institute;
  • To meet the developing demands of the scientific and technological aspect of labour protection.

  2. To carry out the tasks given by the Vietnam General Confederation of Labour as follows:
  • To assist the Vietnam General Confederation of Labour in the participation with Governmental competent agencies in establishing the policies and rules on occupational safety and health;
  • To research and apply the measures of organization, management, guidance and control on labour protection of the Trade Union system.

  3. To provide information, advice, propaganda, training and education on occupational safety and health for management staffs, employers and employees; and to participate in training the staff on occupational safety and health, as required by the State’s regulations.

  4. To provide the services and international cooperation in the field of science and technology regarding labour and environmental protection, as required by the State’s regulations.
  

  Remarks / comments: In Vietnam, trade union plays an important role in OSH activities.

  • Decision 141.1998.QD-TTg on the Arrangement, Organization, Supplementation, Functions and Tasks of the Institute for Scientific and Technical Research on Labour Protection

• 3.2.2 Governance board constitution and chairmanship

  Remarks / comments: The National Institute of Labour Protection has a director who is appointed by the President of the Vietnam General Confederation of Labour.

• 3.2.3 Source of funding

  Remarks / comments: The National Institute of Labour Protection is financed by the State.

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: The Vietnam General Confederation of Labour represents workers and coordinates with relevant ministries to implement the National programme on labour safety and hygiene during 2011-2015. The State assigned the Vietnam General Confederation of Labour to implement Project No. 4 of the programme and Vietnam General Confederation of Labour then assigned the National Institute of Labour Protection to preside it in the name of: “Scientific and technological research and application for labour safety and hygiene”.

  The OSH Law requires consultation with trade unions, representative organisations of employers, OSH Councils at all levels in the development and implementation of OSH policies, legislations and programmes.

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 5(3))

  • Decision 2281.QD-TTg of December 10, 2010, Approving the National Programme on Labour Safety and Hygiene during 2011-2015

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  No data available.
  

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: In dealing with break-downs and emergencies, the employer shall have the responsibility to develop a contingency plan to deal with the incidents and provide emergency responses and organize periodical trainings and practice.
  (Labour Code, Art. 140(1)(a))

  Employers must develop plans to settle technical incidents causing serious OSH failure and provide emergency rescue, and organize drills regularly in accordance with the law; provide technical and medical facilities to guarantee prompt rescue and first aids at the occurrence technical incidents causing serious OSH failure and occupational accidents.
  (OSH Law, Art. 19(1))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 19)

  • Labour Code (10/2012/QH13). (Art. 140(1)(a))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 4.8.2 Sanitary installations

  Summary / Citation: Employers shall provide appropriate bathrooms and toilets at the workplace for female employees.
  (Art. 154(3))

  The employers have the obligation to ensure that ensure that there are enough proper shower rooms and toilets at the workplace as stipulated by the Health Minister.
  (OSH Law, Art. 16(1))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 16(1))

  • Labour Code (10/2012/QH13). (Art. 154(3))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  

• 4.8.3 Drinking water

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  

• 4.8.4 Rest and eating areas

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: Annually, when developing business and production plans, employers shall develop a plan and measures on occupational safety and health and for the improvement of working conditions.
  (Labour Code, Art. 148)

  Elaboration of labor safety and sanitation plans
  1. When elaborating a plan on operation to perform its annual tasks, a labor-employing establishment shall concurrently elaborate a labor safety and sanitation plan, for jobs arising in a plan year, it shall elaborate an additional labor safety and sanitation plan suitable to these jobs.
  2. Labor safety and sanitation plans shall be worked out by production teams, sections and divisions upwards and concurrently announced to all employees for comment.
  3. The elaboration of a labor safety and sanitation plan must be based on:
  a/ Expenses for labor safely and sanitation work in the last year; tasks and orientations of production and business plans and practical information on employees in the plan year;
  b/ Shortcomings and problems in labor safety and sanitation work drawn from incidents, labor accidents, fires, explosions and occupational diseases and labor safety and sanitation work review reports in the last year;
  c/ Proposals and petitions of employees, the trade union organization and inspection or examination teams:
  d/ Current regulations on labor safety. sanitation and protection.
  4. A labor safety and sanitation plan must indicate specific activities together with measures, expenses. deadlines and responsibilities to perform these activities. A labor safety and sanitation plan must have at least the following information:
  a/ Technical measures for safety and Tire and explosion prevention and fighting;
  b/ Technical measures for labor sanitation and improvement of working conditions; installation of ventilation, dust and toxic gas hoovering and lighting systems, sound-proof partitions, anti-vibration system; isolation of harmful microorganisms; renovation of bathrooms and restrooms; gauge and inspection of the labor environment, etc.;
  c/ Equipping of personal protection devices for employees;
  d/ Healthcare for employees to prevent occupational diseases;
  e/ Labor safety and sanitation communication, education and training.
  5. Depending on the practical situation and conditions, labor-employing establishments shall elaborate annual detailed labor safety and sanitation plans under the guidance provided in Appendix 2 to this Circular (not printed herein).

  Implementation of labor safety and sanitation plans
  1. Right after a labor safety and sanitation plan is approved, officers, sections and divisions assigned by the employer shall coordinate with the labor safety and sanitation unit and the health unit in implementing that plan and concurrently urge and inspect the implementation.
  2. The employer shall organize periodical reviews and assessments of the implementation of labor safety and sanitation plans and notify implementation results to employees in the labor-employing establishment.
  (Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments, Arts. 15, 16)

  OSH officers or OSH unit shall be responsible for assisting and providing consultation to employer in the implementation of OSH in production and business establishments with major duties as follows: (...) develop and monitor the implementation of annual plans on occupational safety and health assess risks and develop emergency rescue plans.
  (Art. 72(2)(b))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (72(2)(b))

  • Labour Code (10/2012/QH13). (Art. 148)

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. ((Arts. 15, 16))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: An employer shall assign officer(s) in charge of occupational safety and health. In production and business undertakings with high risk of occupational accidents and diseases and employing at least 10 employees, the employer shall assign a qualified full-time professional officer on occupational safety and health.
  The occupational safety and health officer must be trained in occupational safety and health.
  (Labour Code, Art. 139)

  A labor-employing establishment shall set up a labor safety and sanitation unit according to the following minimal regulations:
  a/ If the establishment employs under 300 direct workers, it shall appoint at least 1 part-lime labor safety and sanitation officer;
  b/ If the establishment employs between 300 and 1.000 direct workers, it shall appoint at least 1 full-time labor safety and sanitation officer;
  c/ If the establishment employs more than 1,000 direct workers, it shall set up a labor safety and sanitation office or section or appoint at least 2 full-time labor safety and sanitation officers.
  (Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments, Art. 4)

  The employer has the obligation to:
  - assign staff to monitor and examine the implementation of OSH regulations, procedures and measures at the workplace as prescribed by the law;
  - assign units or people to be in charge of OSH; collaborate with the establishment’s Trade Union Executive Committee to establish a network of OSH representatives; have clear division of OSH duties and powers;
  (OSH Law, Art. 7(2)(d)(dd))

  1. Based on the size and characteristics of workers, risks of occupational accidents and diseases, working conditions, employers must assign OSH officers or establish an OSH unit at their establishment. The Government shall detail this Article.
  2. OSH officers or OSH unit shall be responsible for assisting and providing consultation to employer in the implementation of OSH in production and business establishments with major duties as follows:
  a) Develop OSH regulations, procedures and measures; guaranteeing fire fighting and prevention in the establishments;
  b) Develop and monitor the implementation of annual plans on occupational safety and health; assess risks and develop emergency rescue plans;
  c) Develop and monitor the notification and appraisal of machinery, equipment and materials subject to strict requirements for OSH;
  d) Organize information, communication and training activities in OSH; organize first-aid and emergency care, prevention and control of occupational diseases for workers;
  dd) Organize OSH self-examination; investigate occupational accidents and technical incidents causing OSH failure in accordance with the law;
  e) Chair and collaborate with the health unit in monitoring and controlling hazardous factors, toxic factors;
  g) Synthesize and request employers to deal with recommendations on OSH of inspection teams, examination teams, units and workers.
  h) Collaborate with the establishment’s Trade Union Executive Committee in guiding the performance of OSH representatives;
  i) Organize competitions, commending/rewarding, disciplining, preparation of statistics and reports on OSH.
  3. OSH officers and OSH units shall be entitled to the following rights:
  b) Require the heads of production units to order work suspension or temporary work suspension (in emergency circumstances) if being aware of risks of occupational accidents in order to implement OSH measures; at the same time report it to employers;
  b) Cease the operation of machinery and equipment failing to meet safety requirements or being expired;
  c) Be sent by employers to training and retraining to improve knowledge on OSH in accordance with the law.
  4. OSH officers must have technical knowledge, skills and good understanding of production and business activities of the establishment.
  5. Where production and business establishments have neither OSH officers nor OSH unit as prescribed in Clauses 1and 4 of this Article, they must hire institutions with relevant capacity as required by the law to implement OSH duties as stipulated in Clause 2 of this Article.
  (OSH Law, Art. 72)

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Arts. 7(2)(d)(dd), 72)

  • Labour Code (10/2012/QH13). (Art. 139)

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Arts. 4)

• 5.1.3 Written risk assessment

  Summary/citation: With regard to hazardous factors, employers must control regularly and manage them in accordance with technical requirements to ensure OSH at the workplace and at least once a year organize inspection and assessment of these factor as prescribed by law.
  Upon the availability of results of the working environment monitoring to assess toxic factors and results of the inspection, assessment and management of hazardous factors at the workplace, the employer must:
  a) Publicly inform workers working in areas where the working environment monitoring is conducted and the inspection, assessment and management of hazardous factors are performed;
  b) Provide information at the request of trade unions, competent agencies and organisations;
  c) Apply measures to address and control hazardous factors, toxic factors at the workplace to ensure OSH, provide health care for workers.

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 18(3)(4))

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: Based on the national technical standards and norms and local technical standards on occupational safety and health, employers shall develop their internal work regulations and procedures to ensure that occupational safety and health measures are suitable for each type of machinery, equipment and workplace.

  • Labour Code (10/2012/QH13). (Art. 138(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 5.1.5 Training and information on risks

  Summary/citation: Employers and an occupational safety and health officers shall participate in training courses on occupational safety and health, and will be examined, and granted a certificate by an occupational safety and health training institution.

  The employer must organize training on occupational safety and health for employees, apprentices and trainees upon recruitment and work assignment; and provide guidance on occupational safety and health regulations for visitors to the workplace under their management.

  An employee who performs work which require strict occupational safety and health regulations must participate in the training course on occupational safety and health, take the examination and be granted a certificate.

  The Ministry of Labour, Invalids and Social Affairs shall provide regulations on the criteria for organizing and providing the training services on occupational safety and health, develop a curriculum framework on the occupational safety and health training and the list of work which is subject to strict occupational safety and health requirements.

  An employer must provide adequate information to employees on the situation of occupational accidents and diseases, hazardous and harmful factors at the workplace and measures to ensure occupational safety and health at work.

  Information, communication and education on OSH
  1. Employers must provide workers with information, communication and education on OSH, hazardous factors, toxic factors and OSH measures at the workplace; provide instructions on OSH regulations for visitors to and workers in their establishment.
  2. Manufacturers must provide information on OSH measures attached to goods and products which are likely to create unsafe situations to users during the working process.
  3. Agencies, organisations and families are responsible for communicating and disseminating OSH knowledge and skills for their workers; communicating on and advocating for the elimination of backward practices and unhygienic habits which are harmful and dangerous to their health and the community during the working process.
  Based on specific conditions of the locality, every year People's Committees at all levels are responsible for directing and organizing the delivery of information, communication and education on OSH for workers without labour contracts working in the locality.
  4. Mass media agencies are responsible for providing information, communicating and disseminating OSH policies, legislation and knowledge, integrating information on prevention of occupational accidents and diseases in other communication programs and activities.
  (OSH Law, Art. 13)

  Training in OSH
  1. Managers in charge of OSH, OSH officers, health worker and OSH representatives from production/business establishments must participate in OSH training and obtain a certificate from an OSH training institution after passing the examination organized by it.
  In case there changes to OSH policies, legislation or OSH science/ technologies, they must get their knowledge and skills refreshed and updated.
  2. Employers must organize training for workers performing jobs subject to strict requirements for OSH and provide them with safety cards before assigning them to such jobs.
  The state has policies to subsidize parts of the tuition fee for workers participating in the training mentioned in this Article. The rate of subsidy is decided by the Government depending on the socio-economic development of each period.
  3. Workers without labour contracts must received OSH training before being doing jobs subject to strict requirements for OSH and be provided with safety cards.
  4. Employer organize OSH training by themselves and are responsible for the quality of OSH training for workers not defined in Clauses 1, 2 and 3 of this Article, trainees, apprentices and workers on probation prior to official recruitment or assignment of jobs; and provide periodic retraining in order to equip enough necessary knowledge and skills to ensure OSH in the working process and relevant to their jobs.
  5. The OSH training prescribed in this Article shall conform to the characteristics and nature of each profession, job, number of the establishment and shall not create difficulties to production and business activities. Based on specific conditions of the production/business establishment, employers shall decide to organize separate training in OSH or combined training in OSH and fire prevention, fire fighting or other contents specified by specialised laws.
  6. The Minister of Labour, Invalids and Social Affairs shall promulgate the list of jobs subject to strict requirements for OSH after consulting line ministries managing related sectors/areas.
  7. OSH training institutions shall include public non-business units and OSH training service providers in accordance with investment legislation and this Law.
  In case an enterprise organizes OSH training by themselves for subjects defined in Clauses 1, 2 and 3 of this Article, they must meet the conditions applicable to OSH training institutions.
  8. The Government shall detail competent authorities which decide the requirements for infrastructure, techniques, standards for OSH trainers, order, procedures and dossiers for granting, re-granting, extending or recovering operation licences of OSH training institutions defined in Clause 7 of this Article; OSH training and self-training.
  (OSH Law, Art. 14)

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Arts. 13, 14)

  • Circular No. 27/2013/TTBLDTBXH regulating occupational health and safety training.

  • Labour Code (10/2012/QH13). (Arts. 150, 151)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Employers shall examine and maintain machinery, equipment, workshops and warehouses on a regular basis.
  (Labour Code, Art. 138(d))

  With regard to hazardous factors, employers must control regularly and manage them in accordance with technical requirements to ensure OSH at the workplace and at least once a year organize inspection and assessment of these factor as prescribed by law.
  Upon the availability of results of the working environment monitoring to assess toxic factors and results of the inspection, assessment and management of hazardous factors at the workplace, the employer must:
  a) Publicly inform workers working in areas where the working environment monitoring is conducted and the inspection, assessment and management of hazardous factors are performed;
  b) Provide information at the request of trade unions, competent agencies and organisations;
  c) Apply measures to address and control hazardous factors, toxic factors at the workplace to ensure OSH, provide health care for workers.
  (OSH Law, Art. 18(3)(4))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 18(3)(4))

  • Decree No. 45/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code on working time, rest time and occupational safety and health.

  • Labour Code (10/2012/QH13). (Art. 138(d))

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: Employers shall consult the representative organization of the worker’s collective at grassroots level when developing the plan and implementing activities to ensure occupational safety and health.
  Employers have the responsibility to consult with Executive Committees of grassroots level trade unions before issuing regulations related to the rights, obligations, and policies for workers.

  The OSH Council shall have the following duties and rights: a) Provide consultation to and collaborate with the employer in developing regulations, procedures, plans and measures to guarantee OSH at production/business establishments.
  (OSH Law, Art. 75)

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016.

  • Law on Occupational Safety and Health (Art. 75)

  • Labour Code (10/2012/QH13). (Art. 138(1)(f), 192(5))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: If the labour-employing establishment cannot set up occupational safety and hygiene department as required by law, it must sign a contract with a competent organization to carry out occupational safety and hygiene tasks.
  (Art. 4(3))

  In case labour-employing establishment cannot set up medical clinic as required by law or having the total of direct employees under 500 people, it must sign a contract with a local medical organization:
  (i) medical station at commune, ward and town;
  (ii) regional general clinic;
  (iii) hospital of district or provincial city or district-level health center.
  (Art. 7(2))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Arts. 4(3), 7(2))

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: A labor safety and sanitation officer must satisfy the following conditions:
    a/ Having professional knowledge and skills in safety, lire and explosion prevention and fighting, labor environment and sanitation techniques;
    b/ Being knowledgeable about practical production, business or service provision operations of his/her establishment.

    • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 4(2))

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: In production and business undertakings with high risk of occupational accidents and diseases and employing at least 10 employees, the employer shall assign a qualified full-time professional officer on occupational safety and health.
  (Labour Code, Art. 139(1))

  A labor-employing establishment shall set up a labor safety and sanitation unit according to the following minimal regulations:
  a/ If the establishment employs under 300 direct workers, it shall appoint at least 1 part-lime labor safety and sanitation officer;
  b/ If the establishment employs between 300 and 1.000 direct workers, it shall appoint at least 1 full-time labor safety and sanitation officer;
  c/ If the establishment employs more than 1,000 direct workers, it shall set up a labor safety and sanitation office or section or appoint at least 2 full-time labor safety and sanitation officers.
  (Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments, (Art. 4(1))

  • Labour Code (10/2012/QH13). (Art. 139(1))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 4(1))

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  Summary / Citation: An employee with a definite term employment contract or an employment contract of seasonal work or specific task of less than 12 months shall have the right to unilaterally terminate the employment contract prior to its expiry, among others in the forllowing cases, among others:
  - when the employee is maltreated, sexually harassed or is subjected to forced labour;
  - when the employee is unable to continue performing the employment contract due to personal or family difficulties;
  - when the employee is sick or has an accident and remains unable to work after having received treatment for 90 consecutive days in the case of a definite term employment contract, or for a quarter of the duration of the contract in the case of an employment contract for seasonal work or specific task of less than 12 months.
  (Art. 37)

  In case an employment contract is terminated in compliance with the provisions in Clause 1, 2, 3, 5, 6, 7, 9 and 10, Article 36 of this Code, the employer is responsible for paying severance allowance to the employee who has worked regularly for a period of at least full 12 months. A half of the monthly wage is payable for each year of work.
  (Art. 48(1))

  Remarks / comments: Art. 36 (9) refers to unilateral termination of the contract by the employee in accordance with Article 37 above.

  Workers’ right to withdraw with compensation in case they are not reassigned to non-hazard work when their health has shown signs of alteration is not expressly mentioned but it could fall under the cases described above.

  • Labour Code (10/2012/QH13). (Arts. 36, 37, 48)

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The function of the National OSH Council is to advise the Prime Minister on policy and cooperate with ministries and branches on OSH.

  • Decision N0 40/2005/QĐ-TTg dated 28th Fabruary, 2005 of Priminister on the establishment of National OSH council

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The National OSH Council consists of 15 members representing different ministries and branches including 1 from Vietnam General Confederation of Labour and 4 from other social organizations. The Minister of MOLISA is the chairperson.

  • Decision N0 40/2005/QĐ-TTg dated 28th Fabruary, 2005 of Priminister on the establishment of National OSH council

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: Each professional department or section of a medical examination and treatment establishment or each production unit of an enterprise or a production or business establishment must have at least one part-time safety and sanitation worker.

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 10(1))

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: A safety and sanitation worker must be a direct worker who is knowledgeable about labor safety and sanitation knowledge and techniques, enthusiastic and exemplary in observing labor safety and sanitation regulations and elected by employees of a working team.
  (Joint Circular, Art. 10(2))

  An OSH representative shall be a worker, who obtains knowledge on OSH, is voluntary, dedicated and strictly follows OSH regulations and is elected by workers in his/her team.
  (OSH Law, Art. 74(2))

  • Law on Occupational Safety and Health (Art. 74(2))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 10(2))

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: The tasks of an OSH representative (safety and sanitation worker in terms of the law) are among others to supervise the observance of standards, regulations, processes and internal rules on labor safety and sanitation, to detect labor safety and sanitation mistakes and violations of employees in his/her team, section or department; to detect unsafe machines or equipment.
  (Joint Circular, Art. 11(2))

  The OSH representatives have the duty to report to trade unions or labour inspectors upon the detection of OSH violations at the workplace or unsafe machinery, equipment, supplies and substances subject to strict requirements for OSH which have been reported to the employer but have not been addressed.
  (OSH Law, Art. 74(4)(dd))

  Trade unions at the establishment have the right to collaborate with employers to inspect and supervise OSH activities; supervise and request employers to abide by OSH regulations; collaborate with employers in the investigation of occupational accidents and supervise the provision of compensation, vocational training and appropriate jobs for victims of occupational accidents and diseases.
  (OSH Law, Art. 10(4))

  Furthermore, trade unions at the establishment have the right to be a member of the investigation team for occupational accidents at the establishment as prescribed by Clause 1 Article 35 of this Law; participate and collaborate with employers in the rescue and the correction of consequences of technical incidents causing OSH failure and/or occupational accidents. In case an employer does not fulfill his/her obligation of notification as prescribed by Article 34 of this Law, the trade union is responsible for informing the competent state authorities as provided for in Article 35 of this Law for investigation.
  (OSH Law, Art. 10(8))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Arts. 74(4)(dd), 10(4)(8))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 11(2))

• 8.4.2 Right to access OSH information

  Summary / Citation: OSH representatives have the right to "be provided with information on measures used by the employer to guarantee OSH at the workplace".

  • Law on Occupational Safety and Health (Art. 74(5)(a))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: The OSH representative (safety and sanitation worker in terms of the law) has the right to study or receive training provided by the employer in coordination with the trade union for raising professional skills or improving operation methods.
  (Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments, Art. 12(3))

  The immediate upper level trade union shall be responsible to assist the trade union at grassroots level to perform its functions and tasks in accordance with Clause 1 of Article 188; and to advocate, educate and improve the workers’ understanding of labour law and trade union law.
  (Labour Code, Art. 188(2))

  Participate in training and retraining to improve professional knowledge and performance.
  (OSH Law, Art. 74(5)(d))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 74(5)(d))

  • Labour Code (10/2012/QH13). (Art 188(2))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 12(3))

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: The OSH representative (safety and health sanitation worker in terms of the law) has the right to devote some of his/her working time to performing his/her tasks as a safely and sanitation worker; in particularly, safety and sanitation workers in production teams are salaried for their performance of tasks as safety and sanitation workers and entitled to a responsibility allowance like production team heads.
  (Joint Circular, Art. 12 (1))

  Spend parts of working hours to perform duties of OSH representatives, get paid for these hours and benefit from allowances for these additional duties. The rate of allowances for additional duties of OSH representatives shall be decided by the employer and the establishment’s Trade Union Executive Committee, and shall be stated in the operating regulations of the network of OSH representatives.
  (OSH Law, Art. 74(5)(b))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 74(5)(b))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 12 (1))

• 8.4.8 Right to issue remedial notices

  Summary / Citation: The tasks of an OSH representative (safety and sanitation worker in terms of the law) are, among others:
  - To urge, remind and guide employees in his/her working team, section or department to strictly observe regulations on labor safety and sanitation, preservation of safety and personal protection devices; to remind the team or section head and department dean to observe labor safety and sanitation regulations.
  - To take part in working out labor safety and sanitation plans, working measures and plans to assure labor safety and sanitation within his/her team, section or department; to take part in guiding safe working methods for new employees in his/her team, section or department.

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 74(4)(a))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 11 (1), (3))

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: OSH representatives (safety and sanitation workers in terms of the law) have the right to request the team head or his/her superior to fully observe labor protection regulations and take adequate measures to assure labor safety and sanitation and promptly address unsafe and unsanitary problems of machines and equipment in the workplace.

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 74(4)(b)(d))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 11 (4))

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: The OSH representative (safety and sanitation worker in terms of the law) has the power to request employees in his/her working team to stop working and take measures lo assure labor safely and sanitation upon detecting risks of an imminent incident or labor accident.
  (Joint Circular, Art. 12(2); OSH Law, 74(5)(c))

  Trade unions at the establishment have the right to request in-charge persons to take OSH measures, including pause of the operation of the involved establishment if necessary, when detecting risks that are likely to be harmful to workers’ heath and life.
  (OSH Law, Art. 10(4))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Arts. 74(5)(c), 10(4))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 12(2))

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: In workplaces where the grassroots trade union has not been established, the immediate upper level trade union shall perform the following tasks: represent and protect the lawful and legitimate rights and interests of trade union members and workers; participate in negotiating, signing, and monitoring the implementation of collective bargaining agreements, wage scales and wage tables, work norms, wage payment regulations and bonus regulations, internal work regulations and regulations on democracy at the workplaces, agencies or organizations; participate in resolving labour disputes; conduct social dialogue and cooperation with employers to build harmonious, stable and progressive labour relations in the enterprise, agency or organization.
  (Labour Code, Art. 188(3))

  In agencies, organizations, enterprises where primary Trade Union has not yet been established, the Trade Union at directly higher level shall have rights and responsibilities to present, protect the legal and legitimate rights and interests of laborers upon being requested by such laborers.
  (Trade Unions Law, Art. 17)

  • Trade Unions Law (No. 12/2012/QH13) (Art. 17)

  • Labour Code (10/2012/QH13). (Art. 188(3))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  Summary / Citation: The trade union have the powers to:
  - Participate and coordinate with competent State agencies to inspect, exam and supervise the implementation of regimes, policies, laws on labor, trade union, cadres and civil servants, public employees, social insurance, health insurance and other regimes, policies and laws related to rights and obligations of laborers; investigate labor accidents and professional diseases;
  - When participating and coordinating inspection, examination and supervision according to provisions in clause 1 of this article, The trade union has the following rights:
  a) Requesting agencies, organizations and enterprises to supply information, documents and analyse concerned problems;
  b) Proposing measures to repair shortcomings, prevent violations, remedy damages and handle acts violating to laws;
  c) In case detecting working place where elements affecting or causing danger to health, life of laborers exist, the trade unions are entitled to request agencies, organizations and enterprises, individuals to immediately implement remedial measures, labor safety assurance, even cease operation when it must be provisionally interrupted.
  (Trade Unions Law, Art. 14)

  Trade Unions have the right to participate and collaborate with state agencies in the inspection, monitoring and supervision of the implementation of OSH policies and legislation related to the rights and obligations of workers; participate in the development, guidance and supervision of the implementation of OSH rules, regulations and measures in order to improve working conditions for workers at the workplace; participate in investigation of occupational accidents as prescribed by the law.
  (OSH Law, Art. 9)

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 9)

  • Trade Unions Law (No. 12/2012/QH13) (Art. 14)

• 8.5.3 Right to consult with workers

  Summary / Citation: The immediate upper level trade union shall be responsible to assist the trade union at grassroots level to perform its functions and tasks in accordance with Clause 1 of Article 188; and to advocate, educate and improve the workers’ understanding of labour law and trade union law.

  • Labour Code (10/2012/QH13). (Art. 188(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 8.5.4 Right to advise workers

  Summary / Citation: Trade unions have the right to provide guidance to workers regrading their rights and duties when implementing the labour contract and to organise consultation on legal issues for workers.
  (Trade Unions Law, Art. 10(1))

  Trade unions have the right to study and apply science/technology, organize OSH training courses; proposing solutions to improve working conditions and prevent occupational accidents/diseases for workers.
  (OSH Law, Art. 9(6))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2).

  • Law on Occupational Safety and Health (Art. 9(6))

  • Trade Unions Law (No. 12/2012/QH13) (Art.10(1))

• 8.5.5 Right to initiate enforcement action

  Summary / Citation: The trade union has the right to:
  - represent the labor collective at the Court when the legal and legitimate rights and interest of the labor collective are breached;
  - represent the laborer at the Court when the legal and legitimate rights and interest of the laborer are breached and being authorized by the laborer;
  - represent the labor collective in legal proceedings related to cases of labor, administration, enterprise bankruptcy in order to protect the legal and legitimate rights and interest of the labor collective and laborers.
  (Trade Unions Laws, Art. 10 (8),(9))

  Trade unions have the right to represent the collective of workers to make lawsuits when the OSH rights of the collective of workers are violated; represent workers to make lawsuits when the OSH rights of workers are violated and when being authorised by workers.
  (OSH Law, Art. 9(5))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2).

  • Law on Occupational Safety and Health (Art. 9(5))

  • Trade Unions Law (No. 12/2012/QH13) (Art. 10 (8),(9))

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The membership of a labor protection council depends on the number of employees and the size of its establishment and complies with the following regulations:
  a/ The representative of the employer acts as chairman of the council:
  b/ The representative of the grassroots trade union executive board or employees in an establishment without trade union organization acts as vice chairman of the council:
  c/ The head of the labor safety and sanitation unit or the labor safety and sanitation officer of the establishment acts as standing member-cum-secretary of the council. If the labor safety and sanitation officer is hired under a contract from another organization, the standing member-cum-secretary of the council shall be appointed by the employer.
  Depending on the characteristics and practical conditions of each labor-employing establishment, a labor protection council may have other related members, provided the total number of its members must not exceed 9.

  Remarks / comments: In addition to these, the OSH Law requires the health workers to be part of the council as well as other relevant members (Art. 75(3))

  • Law on Occupational Safety and Health (Art. 75(3))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 13(3))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Any labor-employing establishment which employs over 1.000 direct workers shall set up a labor protection council. Other labor- employing establishments may set up a labor protection council when finding it necessary and having sufficient conditions for the operation of such council.

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 13(1))

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The functions of the OSH council are as follows:
  - To give advice to the employer and coordinate activities in the elaboration of regulations on management of programs of action and plans on labor safety and sanitation and measures to assure labor safety and sanitation, improve labor conditions, and prevent labor accidents and occupational diseases in its labor-employing establishment.
  - To inspect labor safety and sanitation work in the labor-employing establishment on a biannual and annual basis. Through the inspection, if detecting a risk of unsafety, to request the employer to take measures to address such risk.
  (Joint Circular, Art. 14)

  The OSH Council shall have the following duties and rights:
  a) Provide consultation to and collaborate with the employer in developing regulations, procedures, plans and measures to guarantee OSH at production/business establishments;
  b) Every year, organize dialogues at the workplace between employers and workers to share information, enhance understanding, promote equal and safe working conditions for workers; improve the effectiveness of the implementation of OSH policies and legislation in production/business establishments;
  c) Examine the implementation of OSH activities in production/business establishments.
  d) Request the employer to implement corrective measures if finding risks of unsafe situations.
  (OSH Law, Art. 75(2))

  • Law on Occupational Safety and Health (Art. 75(2))

  • Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT guiding the organization of labour safety and sanitation work in labour-employing establishments. (Art. 14)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: The use of substances subject to strict OSH requirements must comply with chemical legislation and specialised laws.
  (OSH Law, Art. 30(3))

  Transportation of hazardous chemicals
  - Organizations and individuals that transport hazardous chemicals shall abide the provisions on the transportation of dangerous cargoes in the laws on road, inland waterway, railway, air and sea transport and other relevant laws.
  - If an incident occurs en route, vehicle operators, goods' owners and vehicles' owners shall take necessary measures to minimize and remedy consequences and, at the same time, notify the incident to the nearest Peoples Committee and concerned agencies.
  (Law on Chemicals, Art. 20)

  Storage and preservation of hazardous chemicals in chemical production or trading
  Production or business organizations and individuals that store or preserve hazardous chemicals must satisfy the following requirements:
  - Satisfying the conditions on safety distance and safety techniques in chemical storage and preservation;
  - Displaying necessary warnings at places of storage and preservation of hazardous chemicals as prescribed at Point f, Clause 1, Article 12, of this Law;
  - Having equipment and vehicles in response to incidents which are suitable to hazardous properties of chemicals;
  - Adopting chemical incident prevention and response measures or plans as prescribed in Chapter VI of this Law.
  (Law on Chemicals, Art. 21)

  Classification and labeling of chemicals
  - Organizations and individuals producing or importing chemicals are obliged to classify and label chemicals before using or marketing these chemicals are used or marketed.
  - Chemicals are classified in accordance with technical principles and guidance of the Globally Harmonized System of Classification and Labeling of Chemicals.
  - Chemicals are labeled in accordance with the law on goods labeling.
  - Hazardous chemicals are labeled in accordance with the law on goods labeling and guidance of the Globally Harmonized System of Classification and Labeling of Chemicals.
  - The Ministry of Industry and Trade shall guide the classification and labeling of chemicals according to the Globally Harmonized System of - - Classification and Labeling of Chemicals and determine a roadmap for application of regulations on classification and labeling of substances and mixtures of substances.
  (Law on Chemicals, Art. 27)

  Packaging of chemicals
  - Packages of marketed chemicals must meet the following requirements:
  a/ Satisfying requirements on classification and labeling of chemicals specified in Article 27 of this Law;
  b/ Preventing leakage and dispersal of chemicals in the process of transportation, preservation or storage;
  c/ Not being corroded or destroyed by contained chemicals;
  d/ Complying with technical regulations on packaging promulgated by competent agencies or with international standards announced by competent state agencies for application.
  - Line ministries shall provide for specifications, materials and requirements on the examination and evaluation of packages of each kind of chemical.
  (Law on Chemicals, Art. 28)

  Chemical safety data sheets
  - Hazardous chemicals include hazardous substances or mixtures with the content of hazardous substances exceeding the prescribed limit. For hazardous chemicals, chemical safety data sheers must be made.
  - Organizations and individuals producing or importing hazardous chemicals, before using or marketing these chemicals, shall make chemical safety data sheets.
  A chemical safety data sheet contains the following contents:
  a/ Identification of the chemical;
  b/ Identification of hazardous properties of the chemical;
  c/ Information on the composition of substances;
  d/ Physical and chemical properties of the chemical-
  dd/ Stability and activity of the chemical;
  e/ Information on toxicity;
  g/ Ecological information;
  h/ First-aid measures;
  i/ Fire-fighting measures;
  k/ Incident prevention and response measures;
  l/ Storage requirements;
  m/ Effects on humans and requirements for personal protection devices;
  n/ Requirements on disposal of the chemical;
  o/ Requirements on transportation:
  p/ Applicable technical regulations and laws;
  q/ Other necessary information.
  - The Government shall specify the contents of hazardous substances in mixtures for which chemical safety data sheets prescribed in Clause 1 of this Article are required.
  (Law on Chemicals, Art. 29)

  Use of chemicals
  Rights and obligations of organizations and individuals using chemicals for production of other products and goods
  - Organizations and individuals using chemicals for production of other products and goods may request suppliers of hazardous chemicals to provide adequate and accurate information on their properties and characteristics, information on their classification and labeling and their chemical safety data sheets.
  - Organizations and individuals using chemicals for production of other products and goods have the following obligations:
  a/ To abide by regulations on chemical safety management;
  b/ To have persons in charge of chemical safety; to satisfy requirements on material-technical foundations and professional capacity regarding chemical safety suitable to the quantity and properties of chemicals;
  c/ To provide periodical training and re-training in chemical safety to their laborers;
  d/ To provide sufficient, accurate and timely information and guidance on chemical safety to laborers and managers;
  dd/ To work out chemical incident prevention and response measures or plans as prescribed in Chapter VI of this Law;
  e/ To update and store information on used chemicals as prescribed in Article 53 of this Law;
  g/ To promptly notify chemical suppliers and chemical management agencies upon detection of signs of new hazardous properties of used chemicals;
  h/ To abide by inspection requests of competent state management agencies in the implementation of regulations on chemical safety.
  (Law on Chemicals, Art. 30)

  Rights and obligations of organizations and individuals using hazardous chemicals for production of other products and goods
  - Organizations and individuals using hazardous chemicals for production of other products and goods, apart from having the rights and obligations defined in Article 30 of this Law, shall perform the following obligations:
  a/ To ensure safety conditions for humans and the environment in the process of using and preserving hazardous chemicals;
  b/ To abide by technical regulations on the contents and quality standards of hazardous chemicals in the production of other products and goods;
  c/ Not to use toxic chemicals having properties specified at Points h, i, j or k, Clause 4, Article 4, of this Law in food, cosmetics, food additives or food preservatives;
  d/ To install a signaling system in the places where hazardous chemicals are used or stored which is suitable to the hazard of chemicals; if the chemicals have different hazardous properties, the warning signs must fully display these properties;
  dd/ To supply sufficient, accurate and timely information and guidance on chemical safety to persons who directly use, preserve or transport chemicals and persons who manage chemical production;
  e/ To observe legal provisions on disposal and discard of hazardous chemicals and their containers.
  - Line agencies shall promulgate a list of, and manage activities related to, chemicals which are prohibited from use in the production of other products and goods falling under their management scope in accordance with this Law and other relevant laws.
  (Law on Chemicals, Art. 31)

  Rights and obligations of organizations and individuals using chemicals for consumption purposes
  - Organizations and individuals using chemicals for consumption purposes may request suppliers to provide sufficient information on hazardous properties of chemicals and safety requirements and pay compensation for damage caused in the process of using chemicals due to incorrect information provided by suppliers.
  - Organizations and individuals using chemicals for consumption purposes are obliged to strictly comply with technical instructions accompanied with chemicals or displayed in chemical labels and ensure safety for themselves and the community.
  (Law on Chemicals, Art. 32)

  Use of chemicals for scientific experimentation and research
  - Heads of testing laboratories and scientific research establishments and persons directly using chemicals for scientific experimentation or research shall fully abide by the provisions on chemical safety in this Law and other relevant laws.
  - Testing laboratories must have safety equipment and devices and labor protection equipment and devices suitable to hazardous properties of chemicals.
  - Chemical containers in testing laboratories and warehouses must be labeled in accordance with requirements on chemical labeling as prescribed by law.
  - Testing laboratories shall make dossiers for supervision of chemicals in order to periodically update the situation of the use of chemicals; and preserve chemical safety data sheets.
  - The Ministry of Science and Technology shall provide for the use of chemicals for scientific experimentation and research.
  (Law on Chemicals, Art. 33)

  Storage and preservation of hazardous chemicals in use
  - Organizations and individuals using hazardous chemicals for production of products and goods shall abide by the provisions of Article 21 of this Law on storage and preservation of hazardous chemicals.
  - Organizations and individuals using hazardous chemicals for consumption purposes shall abide by manufacturer instructions which are displayed on labels or packages of, or in the use instruction sheets accompanied with, chemical products.
  (Law on Chemicals, Art. 34)

  Article 35. Disposal of discarded chemicals
  - Organizations and individuals using chemicals for production of products and goods or using chemicals for scientific experimentation or research or consumption shall dispose of and discard residual chemicals and chemical wastes and containers according to the law on environmental protection.
  - Discarded chemicals must be disposed of by appropriate technologies up to environmental protection standards.
  - Chemicals consumed by households and individuals must be discarded according to manufacturer recommendations and legal provisions on environmental protection so as to ensure safety for humans and the environment.
  (Law on Chemicals, Art. 35)

  Remarks / comments: The Ministry of Health is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to household chemicals among others.
  The Ministry of Industry and Trade is responsible for state management over machinery, equipment, materials, supplies and substances subject to strict requirements for OSH in relation to chemicals, industrial explosives, mining facilities, oil and gas (among others) except for exploration/exploitation equipment and facilities in the sea.
  (OSH Law, Art. 33(1)(a)(d))

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 33(1)(a))

  • Circular 04/2012/TT-BCT on the classification and labeling chemicals (Arts. 7 – 18)

  • Law on Chemicals (No. 6/2007/QH12) (Arts. 20, 21, 27-34)

  • Decree No. 68/2005/ND-CP on Chemical Safety. (Arts. 9 – 22)

  • Standard TCVN 5507:2002: Hazardous chemicals- Code of practice for safety in production, commerce, use, handling and transportation

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: Undertakings who are producing, trading, using, maintaining and transporting dangerous chemicals should:
  - be aware of dangerous chemical properties, measures of prevention and response regarding each chemical which is being dealt with;
  - provide personal protective equipment appropriate for each job and chemical the worker is exposed to;
  - provide equipment and substances for firefighting;
  - provide information of each chemical to the OSH management authority, direct users and those who are exposed to chemicals;
  - be responsible for the classification and labeling before transporting chemicals and placing them on the market.
  Enterprises obtaining dangerous chemicals should organize OSH training and response to incidents for its staff, handle timely work related accidents and incidents caused by dangerous chemicals and notify the authorized agency.
  (Arts. 11-15)

  The import, export, temporary import for re-export and transit of chemicals must comply with the provisions of this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.
  (Art. 24)
  

  • Law on Chemicals (No. 6/2007/QH12) (Arts. 11-15, 24)

  • Standard TCVN 5507:2002: Hazardous chemicals- Code of practice for safety in production, commerce, use, handling and transportation

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.2.3 Pesticides

  Remarks / comments: The Ministry of Health is responsible for state management over pesticides among others.

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Standard TCVN 5507:2002: Hazardous chemicals- Code of practice for safety in production, commerce, use, handling and transportation (Art. 33(1)(a))

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The employer shall ensure that the workplace meets the occupational safety and health requirements pertaining to space, ventilation, dust, steam, toxic gas, radiation, electro-magnetic fields, heat, moisture, noise, vibration and other harmful factors as indicated in relevant technical standards. These factors must be checked and measured on a regular basis.

  The employers of enterprises where workers are exposed to radiation shall ensure the safety of the exposed staff, organize training courses on radiation safety and regular health checks for workers, and monitor the radiation dose staff is exposed to.
  

  Remarks / comments: The Ministry of Science and Technology is responsible for state management over nuclear reactors, nuclear materials, source nuclear materials, radioactive materials, radiation equipment (OSH Law, Art. 33(1)(a)).

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Arts. 16, 33(1)(a))

  • Circular N0 13/2014/TTLT-BKHCN-BYT on ensuring safety of radiation in medical services (Arts. 12, 13, 14)

  • Labour Code (10/2012/QH13). (Art. 138(1)(a))

  • Circular No. 19/2012/TT-BKHCN providing for the control and assurance of radiation safety in occupational exposure and public exposure. (Arts. 6, 11, 12, 16, 17)

• 9.4.2 Vibration and noise

  Summary / Citation: The employer shall ensure that the workplace meets the occupational safety and health requirements pertaining to space, ventilation, dust, steam, toxic gas, radiation, electro-magnetic fields, heat, moisture, noise, vibration and other harmful factors as indicated in relevant technical standards. These factors must be checked and measured on a regular basis.

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 16(1))

  • Labour Code (10/2012/QH13). (Art. 138(1)(a))

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  

• 9.4.3 Working at height

  Summary / Citation: Employers shall ensure occupational safety for workers working at height including measures when working at scaffolds and regularly check if any adjustments are needed. Employers shall provide personal protective equipment suitable for workers at height.

  • Regulation QCVN 18:2014/BXD: National technical regulation on safety in construction (Art. 2 (19))

  • Labour Code (10/2012/QH13). (Art. 138)

  • Circular No. 22/2010/TT-BXD on occupational safety in construction (Art.6)

  • Regulation QCVN 01:2008/BCT National technical regulation on safety of electricity

• 9.4.4 Working in confined spaces

  Summary / Citation: The employer shall ensure that the workplace meets the occupational safety and health requirements pertaining to space, ventilation, dust, steam, toxic gas, radiation, electro-magnetic fields, heat, moisture, noise, vibration and other harmful factors as indicated in relevant technical standards. These factors must be checked and measured on a regular basis.

  • Labour Code (10/2012/QH13). (Art. 138(1)(a))

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  No data available.
  

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2020
  

• 9.4.7 Fire risks

  Summary / Citation: The Law on firefighting includes 10 chapters and 65 articles which indicate requirements on firefighting including: main measures for firefighting to be adopted by the organization, agency and individuals in the use of buildings; and stipulations for houses and residential areas, businesses, office buildings, special economic zones, industrial zones, export processing zones, high tech zones and in activities such as mining, processing, producing, transporting, trading, using and maintaining oil products, natural gases, generating, supplying and using electricity.

  Employers are responsible for guiding domestic workers on the use of machinery, facilities and utensils, fire-fighting equipment in family which are to serve their domestic work; implementing other mechanisms to guarantee OSH for domestic workers.
  (OSH Law, Art. 68)

  OSH officers or OSH unit shall be responsible for assisting and providing consultation to employer in the implementation of OSH in production and business establishments with major duties as follows: develop OSH regulations, procedures and measures; guaranteeing fire fighting and prevention in the establishments; (...).
  (OSH Law, Art. 72(2)(a))

  An OSH plan must comprise major contents as follows: technical occupational safety and fire fighting measures; (...)
  (OSH Law, Art. 76(3)(a))

  Remarks / comments: The Ministry of Public Security is responsible for state management over fire fighting equipment, technical equipment, weapons, ammunition, materials, support tools unless otherwise stipulated in Point h of this Clause.
  (OSH Law, Art. 33(1)(i))

  The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Arts. 68, 72(2)(a), 76(3)(a))

  • Circular No. 11/2014/TT-BCA Establishing Guidelines for some Articles of the Government's Decree No. 35/2003/ND-CP dated April 4, 2003 and the Government's Decree No. 46/2012/ND/-CP dated May 22, 2012 which Provide Guidance on the Law on Fire Prevention and Fighting (Arts. 9,10)

  • Law No. 40/2013/QH13 dated of the National Assembly amending and supplementing some articles of the Law on Fire Prevention and Fighting

  • Decree 35/2003/ND-CP Detailing the Implementation of a Number of Articles of the Law on Fire Prevention and Fighting (Art. 9)

  • Law No. 27/2001/QH10 on Fire Prevention and Fighting

• 9.4.8 Tobacco

  Summary / Citation: The responsibilities of heads of agencies, organizations and localities in the prevention and control of tobacco harms are:
  1. To integrate activities on prevention and control of tobacco harms into the annual work plan, and include the regulation of no-smoking in work place the internal office/organization regulations.
  2. To include the norm of restriction of smoking in weddings, funerals and festivals in the community into the Village convention/regulation.
  3. To set a good example and actively advocate for implementing the laws and regulations on prevention and control of tobacco harms in the agencies and organizations in the local area.

  • Law No 09/2012/QH13 on Prevention and Control of Tobacco (Art. 6)

• 9.4.9 Asbestos

  Summary / Citation: It is prohibited to use amphibol and chrisotile asbestos in roof sheet production.

  • Decision N01469/QĐ-TTg of Priminister on approval of master plan of development of building material by 2020 and oriented to 2030 (Art. 1(3)(g),(4))

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: The Law of control of HIV/AIDS contraction 64/2006/QH11 stipulates that:
  a) The employer has the responsibility to control the contraction of HIV at the workplace by
  (i) promoting methods of HIV prevention, no discrimination and treatment with those who got HIV in organization or army forces;
  (ii) arranging job suitable to the health condition and skills of people with HIV;
  (iii) reserving time for workers participating in HIV campaigns;
  b). The employer is not allowed to:
  (i) cease the work contract or make the job more difficult for those who got HIV;
  (ii) force workers with good health to do other work (than the assigned one) only because they have HIV;
  (iii) refuse to raise the salary or give promotion to workers only because they have HIV;
  (iv) require workers applying for a job to undergo HIV test during the recruitment process and refuse to engage them if they have HIV, except in the case described in item 3 of article 28 of this law.

  The National Strategy of control of HIV/AIDS contraction by 2020 and vision 2030 signed by the Prime Minister with the objective to control the percentage of HIV contraction within population and reducing the effect of HIV/ADIS on social economic development and assigning MOLISA with the duty to:
  i) Cooperate with the Ministry of Health, other ministries and branches to promote, preventive measures, care and treatment for HIV/AIDS patients at medical units that belong to MOLISA; guide, check, and monitor HIV/AIDS preventative measures for workers at workplaces; with special focus on women and vulnerable population; implement, check and monitor the policy for people having HIV;
  ii) Cooperate with the Ministry of Finance, the Ministry of Health and other ministries and branches to develop policy of social support to people having HIV, vulnerable HIV groups such as children and women affected by HIV/AIDS; develop, issue a policy to encourage organizations/individuals to recruit people having HIV.

  Those who contracted HIV/AIDS due to a work accident, have the right of free testing, diagnosis and treatment for diseases caused by HIV/AIDS.
  

  • Decision No. 608/QD-TTg of May 25, 2012, approving the national strategy on HIV/AIDS prevention and control through 2020 with a vision to 2030.

  • Guidelines for HIV/AIDS Diagnosis and Treatment (Published with Decision No. 3003/QD-BYT dated 19/8/2009 of the Minister of Health).

  • Decision providing for conditions for identifying HIV-exposed or HIV-infected people who suffer from professional risks and accidents.

  • Decree No. 108/2007/ND-CP detailing the implementation of a number of articles of the Law on HIV/AIDS Prevention and Control.

  • Decision No. 96/2007/QD-TTg on the Management, Care and Counseling for HIV in Prisons, Medical Establishments and Social Welfare Establishments in Viet Nam.

  • Law on HIV/AIDS prevention and control (No. 64/2006/QH11)

  • Decision 265/2003/QĐ-TTg on policy for HIV exposed people or suffered HIV/AIDS by accidence of occupation

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  Summary / Citation: It is prohibitted to maltreate and harase sexually workers (Art. 8 (2)).

  The employer is prohibitted to mistreat, sexually harass, and use force or violence against domestic workers (Art. 183(1)).
  

  • Labour Code (10/2012/QH13). (Arts. 8 (2), 183(1))

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The employer shall:
  - Examine and maintain machinery, equipment, workshops and warehouses on a regular basis.
  - Have visible and readable instruction signboards at the workplace on occupational safety and health for machinery, equipment and workplaces.
  

  • Labour Code (10/2012/QH13). (Art.138 (1)(d)(e))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: The production, use, storage and transportation of machinery, equipment, materials, energy, electricity, chemicals, plant preservatives, as well as change of technology, and import of new technology must comply with the national technical standards on occupational safety and health or regulations on occupational safety and health at the workplace which have been announced and applied.
  (Labour Code, Art. 137(2))

  • Labour Code (10/2012/QH13). (Art. 137(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Manufacturers must provide information on OSH measures attached to goods and products which are likely to create unsafe situations to users during the working process.
  (OSH Law, Art. 13(2))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 13(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: Machinery, equipment and materials which require strict occupational safety regulation must be appraised before they enter into operation and must be appraised on a regular basis when they are in operation by an authorized technical safety appraisal institution.

  • Labour Code (10/2012/QH13). (Art. 147(1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The employer shall examine and maintain machinery, equipment, workshops and warehouses on a regular basis.
  (Labour Code, Art. 138(1)(d))

  During the operation of the machinery, equipment and supplies subject to strict OSH requirements, organisations and individuals are responsible for conducting periodical check and maintenance, develop and file technical safety records in accordance with the relevant technical regulations.
  (OSH Law, Art. 30(1)(3))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 30(1)(3))

  • Labour Code (10/2012/QH13). (Art. 138(1)(d))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: The list of machinery, equipment and materials which are subject to strict occupational safety regulations shall be issued by the Ministry of Labour, Invalids and Social Affairs.
    (Labour Code, Art. 147(2))

    • Circular No. 05/2014/TT-BLDTBXH dated March 6, 2014 of the Ministry of Labor, War Invalids and Social Affairs promulgating list of machines, equipment and supplies having strict requirement on labor safety

    • Labour Code (10/2012/QH13). (Art. 147(2))

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: An employer must not require a female employee to work at night, or to work overtime or go on a long distance working trip when the employee reaches her seventh month of pregnancy; or when working in mountainous, remote, border and island areas, her sixth month of pregnancy.

  A female employee who performs heavy work, on reaching her seventh month of pregnancy, is entitled to be transferred to lighter work or to have her daily working hours reduced by 1 hour while still receiving her full wage.

  The employer must not dismiss a female employee or unilaterally terminate the employment contract of a female employee due to the employee’s marriage, pregnancy, maternity leave, or her nursing a child under 12 months of age, except when the employer, who is an individual, dies, or is declared by the court as having lost the capacity of civil acts, as missing or dead, or the employer, who is not individual, ceases its business operation.

  During the time of pregnancy, maternity leave as regulated in the Social Insurance law, or when nursing a child under 12 months of age, labour disciplinary measures shall not be applied to the female employee.

  • Labour Code (10/2012/QH13). (Art. 155)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: An employer must not require a female employee to work at night, or to work overtime or go on a long distance working trip when the employee is nursing a child under 12 months of age.

  The employer must not dismiss a female employee or unilaterally terminate the employment contract of a female employee due to the employee’s marriage, pregnancy, maternity leave, or her nursing a child under 12 months of age, except when the employer, who is an individual, dies, or is declared by the court as having lost the capacity of civil acts, as missing or dead, or the employer, who is not individual, ceases its business operation.

  During the time of pregnancy, maternity leave as regulated in the Social Insurance Law, or when nursing a child under 12 months of age, labour disciplinary measures shall not be applied to the female employee.

  During her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full wage as stipulated in the employment contract.

  • Labour Code (10/2012/QH13). (Art. 155)

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: It is prohibited to employ women in work that is harmful to child-bearing and parenting functions, as specified in the list of work issued by the Ministry of Labour, Invalids and Social Affairs in coordination with the Ministry of Health; work that require regular immersion in water; and regular underground work in mines.
  (Labour Code, Art. 160)

  • Labour Code (10/2012/QH13). (Art. 160)

  • Joint Circular 40/2011/TTLT-BLDTBXH-BYT Defining the Adverse Working Conditions and Job Categories where Female Employees and Female Employees who are pregnant or Nursing

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2020
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Prohibited work and workplaces for minor employees (a minor employee is an employee under 18 years of age, Art. 161)

  An employer must not employ a minor employee to undertake the following work:
  a) Carrying and lifting of heavy things which are beyond the physical capacities of the minor employee;
  b) Manufacturing, using or transporting chemical substances, gas, or explosive substances;
  c) Maintaining equipment or machinery;
  d) Demolishing or disassembling construction works;
  e) Moulding, founding, welding, fusing, melting or casting metals;
  f) Marine diving, offshore fishing;
  g) Other types of work which are harmful to the health, safety and dignity of the minor employee.

  The employment of minor employees is prohibited in the following workplaces:
  a) Underwater, underground, in caves, in tunnels;
  b) Construction sites;
  c) Slaughter houses;
  d) Casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, massage rooms;
  e) Other types of workplaces which are harmful to the health, safety and dignity of the minor employee.

  The Ministry of Labour- Invalids and Social Affairs shall provide the lists as stipulated in Clause 1.g) and Clause 2.e) of this Article.
  (Art. 165)

  Prohibited work and workplaces for elderly employees (an elderly employee is a person who continues working after the age of 60 for men and 55 for women, Art. 166(1))

  The employer must not employ the elderly employee in heavy or hazardous work or in work with exposure to toxic substances that adversely affect his/her health except in special cases as regulated by the Government.
  (Art. 167(3))

  • Labour Code (10/2012/QH13). (Arts. 161, 165, 166(1), 167(3))

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2020
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
  • Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Direct Request 2007
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: All occupational accidents, diseases and serious break-downs at the workplace must be declared, investigated, documented, included in statistics, and reported on a regular basis in accordance with the Government regulations.
  (Labour Code, Art. 142(3))

  The employer has the duty to make a statement about occupational accidents as prescribed in Article 5 of this Circular.
  (Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT Guiding the Statement, Investigation, Statistics and Reports on Occupational Accidents, Art. 13(2))

  Making statement about occupational accidents
  1. When occupational accidents occur during the performance of duties or works assigned by the employer or the person authorized in writing by the employer to directly manage the workers, the victim or the person that knows the incident must promptly notify the employer.
  2. For the accidents prescribed in Clause 1 this Article that cause death or seriously hurt more than one person, the facility at which the accident happens must make statement about the incident using the fastest means (directly or by phone, fax, emails) to the Inspectorate of the Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces (hereinafter referred to as provinces), district-level Police department and the superior agency that directly administers the facility (if any) in the following principles:
  - The accident shall be stated in the province where it happened;
  In case the victim dies during the medical treatment, or from the relapse of the injury caused by the occupational accident (under the conclusion in the forensic examination record), the facility where the dead victim worked must make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs of which the investigation commission has investigated those accidents in order to settle the case as prescribed by law;
  - Accidents happening in the following areas: radioactivity; petroleum exploration and extraction; railroad, waterway, airway transport must be notified to the Ministries and branches that administer such areas apart from making statement to the Inspectorate of the Services of Labor, War Invalids and Social Affairs of the provinces where the facility head office is situated;
  - The statement contents must comply with the form in Annex 02 promulgated together with this Circular.
  3. For accidents happening to the workers in traffic (except for accidents on internal routes belonging to the facility) that cause death or seriously hurt two persons or more, the facility shall base on the accident case file from the Traffic police department that have handled that case, or the written confirmation from the local authorities, or the written confirmation from the local Police Department at the locality where the accidents happen in order to make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs.
  The statement must be made in accordance with Clause 2 this Article.
  4. When Vietnamese workers die or suffer from serious accidents while performing their duties overseas, the facility that directly manages such workers must make statement under the following principles:
  a) Within 03 working days as from being informed of the accident, the statement about the case must be made using the fastest means (directly or by phone, fax, emails) to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs in the province where the facility head office is situated;
  b) In case the worker sent by another facility dies or suffers from serious accidents, the facility that sends such worker must notify the facility that manage that person within 03 working days as from being informed of the accidents. The facility that manage the victim must make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs where the facility head office is situated within 03 working days as from being informed of the accidents.
  c) The statement contents must comply with the form in Annex 02 promulgated together with this Circular.
  (Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT Guiding the Statement, Investigation, Statistics and Reports on Occupational Accidents, Art. 5)

  Employers are responsible for establishing and managing occupational health records of workers, health records of victims of occupational diseases; informing workers about results of health check-up, medical examination for detection of occupational diseases; reporting on the health of workers under their management to competent health management agencies annually.
  (OSH Law, Art. 27(2))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 27(2))

  • Labour Code (10/2012/QH13). (Art. 142(3))

  • Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT Guiding the Statement, Investigation, Statistics and Reports on Occupational Accidents (Art. 5, 13(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 10.1.2 Near miss incidents

  Summary / Citation: All occupational accidents, diseases and serious break-downs at the workplace must be declared, investigated, documented, included in statistics, and reported on a regular basis in accordance with the Government regulations.

  • Labour Code (10/2012/QH13). (Art. 142(3))

• 10.1.3 Occupational diseases

  Summary / Citation: All occupational accidents, diseases and serious break-downs at the workplace must be declared, investigated, documented, included in statistics, and reported on a regular basis in accordance with the Government regulations.
  (Art. 142(3))

  Any person suffering from occupational diseases shall be given due treatment, periodical medical examinations and have a separate medical record.
  (Art. 143(2))

  The employer must:
  - make statement, investigate, make note and regularly notify all work related diseases as required by law;
  - regularly add information to the health profile and occupational disease profile of workers;
  - examine workers who are exposed to high risk of suffering occupational diseases;
  - prepare and keep the occupational diseases’ profile of workers until the worker stops working, retires or goes to another enterprise.

  All labor establishments must make and periodically supplement dossiers of labor hygiene management and dossiers of laborers’ health and occupational diseases.
  (Circular 19.2011.TT-BYT Guiding the management of labour hygiene, laborer's health and occupational diseases, Art. 3(2))

  Employers are responsible for establishing and managing occupational health records of workers, health records of victims of occupational diseases; informing workers about results of health check-up, medical examination for detection of occupational diseases; reporting on the health of workers under their management to competent health management agencies annually.
  (OSH Law, Art. 27(2))

  Remarks / comments: The first Occupational Safety and Health Law was passed by the National Assembly of Viet Nam on the 25th June 2015. It will take effect from 1 July 2016. The OSH Law applies to both workers with labour contracts and workers without labour contracts (informal economy), (Art. 2)

  • Law on Occupational Safety and Health (Art. 27(2))

  • Labour Code (10/2012/QH13). (Arts. 142(3), 143(2))

  • Circular 19.2011.TT-BYT Guiding the management of labour hygiene, laborer's health and occupational diseases (Art. 3(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: The Ministry Inspectorate has the power to perform unexpected inspections and participate in inspection activities conducted by the Government, the Ministry and related sectors as assigned by the Minister.

  • Decision No. 614/QD-LDTBXH on Roles, Responsibilities, Duties, Authorities and Organization Structure of the Ministry Inspectorate (Art. 2(11))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: The Inspectorate of Ministry of Labour, Invalids and Social Affairs and Departments of Labour, Invalids and Social Affairs shall have the responsibility to inspect compliance with the labour law.

  • Decree No. 39/2013/NĐ-CP dated 24/04/2013 on administration structure and activity of MOLISA inspectorate

  • Decision No. 614/QD-LDTBXH on Roles, Responsibilities, Duties, Authorities and Organization Structure of the Ministry Inspectorate

  • Labour Code (10/2012/QH13). (Art. 237(1))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.3 Power to investigate

  Summary / Citation: The Inspectorate of Ministry of Labour, Invalids and Social Affairs and Departments of Labour, Invalids and Social Affairs shall have the responsibility to investigate occupational accidents and other violations related to occupational safety and health.

  • Decree No. 39/2013/NĐ-CP dated 24/04/2013 on administration structure and activity of MOLISA inspectorate

  • Decision No. 614/QD-LDTBXH on Roles, Responsibilities, Duties, Authorities and Organization Structure of the Ministry Inspectorate

  • Labour Code (10/2012/QH13). (Art. 237(2))

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: The Inspectorate of Ministry of Labour, Invalids and Social Affairs and Departments of Labour, Invalids and Social Affairs shall have the responsibility to give guidance on the implementation of technical standards and norms of working conditions, occupational safety and health.

  • Decree No. 39/2013/NĐ-CP dated 24/04/2013 on administration structure and activity of MOLISA inspectorate

  • Decision No. 614/QD-LDTBXH on Roles, Responsibilities, Duties, Authorities and Organization Structure of the Ministry Inspectorate

  • Labour Code (10/2012/QH13). (Art. 237(3))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Labour inspectors have the power to order the employer to design a plan and measures to ensure safety and health for workplaces when finding out that the employer contravenes OSH regulations.

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract (Arts. 16 (3), 37)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: Labour inspectors have the power to impose monetary penalties for OSH violations as follows.
  1. Labor inspectors and the persons assigned to carry out inspections are entitled to:
  a) Issue warnings;
  b) Impose fines of up to 500,000 VND.
  2. The Chief Inspectors of Services of Labor, War Invalids and Social Affairs are entitled to:
  a) Issue warnings;
  b) Impose fines of up to 37,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 50,000,000 VND for the administrative violations against regulations on overseas manpower supply;
  c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;
  d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.
  3. The Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs is entitled to:
  a) Issue warnings;
  b) Impose fines up to 75,000,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 100,000,000 VND for the administrative violations against regulations on overseas manpower supply;
  c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;
  d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.
  4. The chief of the ministerial labor inspectorate is entitled to:
  a) Issue warnings;
  b) Impose fines up to 52,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines of up to 70,000,000 VND for the administrative violations against regulations on overseas manpower supply;
  c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;
  d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.
  5. The chiefs of the inspectorates of Services and state agencies assigned to carry out inspections are entitled to:
  a) Issue warnings;
  b) Impose fines up to 37,500,000 VND for the administrative violations against regulations on labor, social insurance, and impose fines up to 50,000,000 VND for the administrative violations against regulations on overseas manpower supply;
  c) Impose the additional penalties specified in Chapter II, Chapter III and Chapter IV of this Decree;
  d) Take the remedial measures specified in Chapter II, Chapter III and Chapter IV of this Decree.
  

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract (Art. 37)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: Labour inspectors have the powers to:
  - suspend training activity or revoke the license to provide training on OSH of organizations providing OSH training services when they violate the rules regulating the provision of occupational safety and health training;
  - suspend technical verification or revoke the safety license of the organizations providing technical verification services when they violate the regulations on safety technical verifications;
  - revoke the license of auditors when they violate the procedure established to verify compliance.

  Remarks / comments: Violations of regulations governing OSH training services may consist in not following the content and programme of the OSH training, lack of competency of trainers, lack of training facility, not following the conditions prescribed by the training certificate, granting certificate without training, granting certificate to inappropriate persons, providing training outside the scope of license, falsifying profile, training materials, etc.
  Violations of regulations governing verification of compliance with technical standards may include not maintaining a condition of operation as prescribed by the license, 18 months without notifying the authorized agency about situation of verification, conducting verification outside of the scope of license, not following the rules of the procedure of verification, falsifying profiles, materials during verification, etc.

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract (Art. 17 (9))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The inspector has power to cease operating machinery, equipment and workplace which can cause a work accident or occupational diseases.

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract (Art. 17(10)(c),(d))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2020
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.5 Power to initiate prosecutions

  No data available.
  

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: Inspectors have the power to order the employer to provide personal protective equipment to workers.

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract (Art. 17(10)(b))

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Fine from 25 USD to 10,000 USD

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Fine from 25 USD to 10,000 USD

  • Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.

  • Penal Code (Order No. 01/L-CTN). (Chapter XIX)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 11.4.4 Criminal liability

  Summary / Citation: There is an entire Chapter in the Penal Code dealing with crimes against public safety and public order, including OSH related crimes.

  • Penal Code (Order No. 01/L-CTN). (Chapter XIX)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Breaching regulations on labor safety, labor hygiene, safety in crowded places

  Those who breach regulations on labor safety, labor hygiene, safety in places crowded with people, causing loss of lives or serious damage to the health and/or property of other persons, shall be subject to non-custodial reform for up to three years or a prison term of between six months and five years.

  Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
  a) They are persons responsible for labor safety, labor hygiene or safety in crowded places;
  b) Causing very serious consequences.

  Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between seven and twelve years of imprisonment.

  Committing the crime in cases where the particularly serious consequences may actually occur if not warded off in time, the offenders shall be subject to non-custodial reform for up to three years or a prison term of between six months and three years.
  (Art. 227)

  
  Breaching regulations on employment of child labor

  Those who employ children to perform jobs which are heavy, dangerous or in contact with hazardous substances on the lists prescribed by the State, causing serious consequences, or who have already been administratively sanctioned for this act but continue to commit it, shall be subject to a fine of between five million dong and fifty million dong, non-custodial reform for up to two years or a prison term of between three months and two years.

  Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
  a) Committing the crime more than once;
  b) Against more than one children;
  c) Causing very serious or particularly serious consequences
  (Art. 228)

  
  Breaching regulations on construction, causing serious consequences

  Those who violate the regulations on construction in the fields of survey, design, construction, use of raw materials, materials, machinery, pre-acceptance test or other fields in circumstances other than those stipulated in Article 220 of this Code, causing the loss of lives or serious damage to the health and/or property of other persons, shall be subject to a fine of between ten million dong and one hundred million dong, non-custodial reform for up to three years or a prison term of between six months and five years.

  Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:
  a) They are persons with positions and powers;
  b) Causing very serious consequences.

  Committing the crime and causing particularly serious consequences, the offenders shall be sentenced to between eight and twenty years of imprisonment.
  (Art. 229)

  
  The Chapter XIX of the Penal Code contains a number of other criminal offences related to public and occupational safety such as:
  - Breaching regulations on operating road vehicles (Art. 202)
  - Obstructing road traffic (Art. 203)
  - Using vehicles which fail to meet safety standards (Art. 204)
  - Mobilizing or assigning unqualified persons to operate road vehicles (Art. 205)
  - Organizing illegal motor races (Art. 206)
  - Illegal motor racing (Art. 207)
  - Breaching the regulations on operating railway vehicles (Art. 208)
  - Obstructing railway traffic (Art. 209)
  - Putting to use railway vehicles which fail to meet safety standards (210)
  - Mobilizing or assigning unqualified persons to operate railway traffic means (Art. 211)
  - Breaching the regulations on operating waterborne transport devices (Art. 212)
  - Obstructing waterway traffic (Art. 213)
  - Putting into use waterborne transport devices which fail to meet safety standards (Art. 214)
  - Mobilizing or assigning unqualified persons to operate waterborne transport devices (Art. 215)
  - Breaching regulations relating to the operation of aircrafts (Art. 216)
  - Obstructing air traffic (Art. 217)
  - Putting into use aircrafts which fail to meet safety standards (Art. 218)
  - Mobilizing or assigning unqualified persons to operate aircrafts (Art. 219)
  - Breaching regulations on maintenance, repair and/or management of traffic works (Art. 220)
  - Operating aircrafts in violation of aviation regulations of the Socialist Republic of Vietnam (Art. 222)
  - Operating maritime means in violation of navigation regulations of the Socialist Republic of Vietnam (Art. 223)
  - Illegally manufacturing, stockpiling, transporting, using, trading in or appropriating military weapons and/or technical means (Art. 230)
  - Illegally manufacturing, stockpiling, transporting, using, trading or appropriating explosive materials (Art. 232)
  - Illegally manufacturing, stockpiling, transporting, using, trading in or appropriating rudimentary weapons or support devices (Art. 233)
  - Illegally producing, stockpiling, transporting, using, trading in or appropriating radioactive elements (Art. 236)
  - Breaching regulations relating to the management of radioactive elements (Art. 237)
  - Breaching regulations on fire prevention and fighting (Art. 240)
  - Breaching the regulations on safety in operating electricity works (Art. 241)
  

  • Labour Code (10/2012/QH13). (Chapter XIX)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2009
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2020