Law on Occupational Safety and Health 2015: Corporate Responsibility

Article 1. Scope of adjustment

This Law regulates the assurance of occupational safety and hygiene; policies and regimes for people suffering from labor accidents and occupational diseases; Responsibilities and powers of organizations and individuals related to occupational safety and hygiene and state management of occupational safety and hygiene.

Article 2. Subjects of application

Employees work under labor contracts; probationer; apprentices and apprentices to work for employers.

Officers, civil servants, public employees, people of the people's armed forces.

The employee works without a labor contract.

Vietnamese workers working abroad under contract; foreign workers working in Vietnam.

Employer.

Other agencies, organizations and individuals related to occupational safety and hygiene.

The people specified in Clauses 1, 2, 3 and 4 of this Article are hereinafter collectively referred to as employees.

Article 3. Explanation of terms

In this Law, the following terms are understood as follows:

Production and business establishments are enterprises, cooperatives, households and organizations engaged in production and business activities.

Labor safety is a solution to prevent and combat the impact of dangerous factors to ensure that no injury or death occurs to people during the working process.

Occupational hygiene is a solution to prevent and combat the effects of harmful factors that cause diseases and reduce human health during the working process.

Dangerous factors are factors that cause unsafety, injury or death to people during the working process.

Harmful factors are factors that cause disease and reduce human health during the working process.

Technical incidents that cause loss of occupational safety and hygiene are damages to machinery, equipment, supplies, and substances that exceed the permissible technical safety limits, occur during the working process, and cause damage or risk of causing damage to people, property, and the environment.

A technical incident causing a serious loss of safety and occupational hygiene is a technical incident causing a major loss of safety and occupational hygiene that occurs on a large scale and exceeds the response capacity of production and business establishments, agencies, organizations, and localities, or involves many production and business establishments and localities.

An occupational accident is an accident that causes damage to any part or function of the body or causes death to the employee, occurring during the working process, associated with the performance of work and labor tasks.

Occupational diseases are diseases that arise due to harmful working conditions affecting workers.

Working environment monitoring is the activity of collecting, analyzing and evaluating data measuring factors in the working environment at the workplace to take measures to minimize harmful effects on health and prevent and control occupational diseases.

Article 4. State policy on occupational safety and hygiene

Create favorable conditions for employers, employees, other relevant agencies, organizations and individuals to implement measures to ensure occupational safety and hygiene during the working process; Encourage employers and employees to apply technical standards, advanced and modern management systems and apply advanced technology, high technology, and environmentally friendly technology in the working process.

Invest in research and application of science and technology in occupational safety and hygiene; Support the construction of laboratories and testing that meet national standards for occupational safety and hygiene.

Support the prevention of labor accidents and occupational diseases in industries and fields with high risk of labor accidents and occupational diseases; Encourage organizations to develop, publish or use advanced and modern technical standards on occupational safety and hygiene during the working process.

Support occupational safety and hygiene training for employees working without labor contracts and doing jobs with strict requirements on occupational safety and hygiene.

Developing participants in voluntary occupational accident insurance; Build a flexible payment and benefit mechanism to prevent, minimize and overcome risks for employees.

Article 5. Principles of ensuring occupational safety and hygiene

Ensure the rights of workers to work in safe and hygienic conditions.

Fully comply with occupational safety and hygiene measures during the working process; Prioritize measures to prevent, eliminate and control dangerous and harmful factors during the working process.

Consult with trade unions, employer representative organizations, and Councils on occupational safety and hygiene at all levels in developing and implementing policies, laws, programs, and plans on occupational safety and hygiene.

Article 6. Rights and obligations regarding occupational safety and hygiene of workers

1. Employees working under labor contracts have the following rights:

a) Be guaranteed fair working conditions, safety, and labor hygiene; Require employers to be responsible for ensuring safe working conditions and occupational hygiene during the labor process and at the workplace;

b) Be provided with complete information about dangerous and harmful factors in the workplace and prevention and control measures; receive training and coaching in occupational safety and hygiene;

c) Receive labor protection, health care, and occupational disease examination and detection regimes; employer pays insurance for labor accidents and occupational diseases; enjoy full benefits for people suffering from labor accidents and occupational diseases; Get paid examination and assessment fees for injuries and illnesses caused by work accidents or occupational diseases; to proactively go for an assessment of the level of working capacity decline and be paid the assessment fee in case the assessment results are eligible to adjust and increase the level of benefits for labor accidents and occupational diseases;

d) Request the employer to arrange appropriate work after stable treatment due to a work accident or occupational disease;

d) Refusing to do work or leaving the workplace while still being paid in full and not considered a violation of labor discipline when it is clear that there is a risk of an occupational accident that seriously threatens one's life or health, but must immediately notify the direct manager for a solution; Only continue working when the direct manager and the person in charge of occupational safety and hygiene have overcome risks to ensure occupational safety and hygiene;

e) Complain, denounce or sue according to the provisions of law.

2. Employees working under labor contracts have the following obligations:

a) Comply with regulations, procedures and measures to ensure occupational safety and hygiene at the workplace; Comply with commitments on occupational safety and hygiene in labor contracts and collective labor agreements;

b) Use and preserve provided personal protective equipment; equipment to ensure safety and occupational hygiene at the workplace;

c) Promptly report to the responsible person when detecting the risk of technical incidents causing loss of safety, labor hygiene, labor accidents or occupational diseases; Proactively participate in first aid and troubleshooting incidents and occupational accidents according to the incident handling plan, emergency response or when ordered by the employer or competent state agency.

3. Employees working without a labor contract have the following rights:

a) Work in safe and hygienic conditions; be created by the State, society and family to work in a safe and hygienic environment;

b) Receive information, propagate and educate about occupational safety and hygiene; receive training in occupational safety and hygiene when doing jobs with strict requirements on occupational safety and hygiene;

c) Participate and enjoy occupational accident insurance in a voluntary form prescribed by the Government.

Based on socio-economic development conditions and state budget capacity in each period, the Government provides detailed regulations on support for voluntary labor accident insurance premiums;

d) Complain, denounce or sue according to the provisions of law.

4. Employees working without a labor contract have the following obligations:

a) Take responsibility for occupational safety and hygiene for the work you perform according to the provisions of law;

b) Ensure occupational safety and hygiene for those involved in the labor process;

c) Notify local authorities to take measures to promptly prevent acts that cause unsafe and unsafe labor.

5. Cadres, civil servants, public employees, and people of the people's armed forces have the same rights and obligations regarding occupational safety and hygiene as for workers specified in Clauses 1 and 2 of this Article, unless legal documents specifically applicable to this subject have different provisions.

6. Apprentices and trainees working for employers have the same rights and obligations regarding occupational safety and hygiene as for employees specified in Clauses 1 and 2 of this Article.

7. Foreign workers working in Vietnam have the same rights and obligations regarding occupational safety and hygiene as for workers specified in Clauses 1 and 2 of this Article; Participation in insurance for labor accidents and occupational diseases is carried out in accordance with Government regulations.

Article 7. Rights and obligations regarding occupational safety and hygiene of employers

1. Employers have the following rights:

a) Require employees to comply with rules, procedures, and measures to ensure safety and hygiene at the workplace;

b) Reward employees for good compliance and discipline employees for violations in implementing occupational safety and hygiene;

c) Complain, denounce or sue according to the provisions of law;

d) Mobilize workers to participate in emergency response and overcome incidents and occupational accidents.

2. The employer has the following obligations:

a) Develop, organize and proactively coordinate with agencies and organizations in ensuring occupational safety and hygiene at the workplace within the scope of its responsibility for employees and related people; Pay insurance for labor accidents and occupational diseases for employees;

b) Organize training and guidance on regulations, rules, procedures and measures to ensure labor safety and hygiene; Fully equipped with means and working tools to ensure safety and labor hygiene; Carry out health care, examination and detection of occupational diseases; fully implement regimes for workers suffering from labor accidents and occupational diseases;

c) Do not force workers to continue working or return to the workplace when there is a risk of an occupational accident that seriously threatens the worker's life or health;

d) Appoint people to monitor and inspect the implementation of internal rules, procedures, and measures to ensure occupational safety and hygiene at the workplace according to the provisions of law;

d) Arrange departments or people to work on occupational safety and hygiene; coordinate with the grassroots trade union executive committee to establish a safety and hygiene network; delineate responsibilities and assign powers regarding occupational safety and hygiene;

e) Carry out declaration, investigation, statistics, and reporting of labor accidents, occupational diseases, and technical incidents causing serious loss of safety and labor hygiene; Statistics and reports on the implementation of occupational safety and hygiene; Comply with decisions of specialized inspectors on occupational safety and hygiene;

g) Collect opinions from the Executive Committee of the grassroots trade union when developing plans, rules, procedures, and measures to ensure labor safety and hygiene.

Article 8. Rights and responsibilities of the Vietnam Fatherland Front, its member organizations and other social organizations

1. The Vietnam Fatherland Front, its member organizations and other social organizations within the scope of their tasks and powers have the following rights and responsibilities:

a) Coordinate with relevant agencies to organize propaganda, dissemination and training on occupational safety and hygiene; develop occupational safety and hygiene services;

b) Participate in providing opinions, supervision and social criticism in the development of policies and laws on occupational safety and hygiene according to the provisions of law;

c) Participate with state management agencies in proposing solutions to improve working conditions, prevent and combat labor accidents and occupational diseases, and implement scientific research;

d) Mobilize union members and members to ensure occupational safety and hygiene;

d) Detect and recommend to competent state agencies to promptly handle violations of laws on occupational safety and hygiene.

2. Employer representative organizations exercise the rights and responsibilities specified in Clause 1 of this Article; is responsible for participating in the Council of Occupational Safety and Health as prescribed in Article 88 of this Law; Mobilize employers to organize dialogue at the workplace, collective bargaining, collective labor agreements, and implement measures to improve working conditions to ensure safety and hygiene at the workplace.

Article 9. Rights and responsibilities of trade unions in occupational safety and hygiene

Participate with state agencies in developing policies and laws on occupational safety and hygiene. Propose competent state agencies to develop, amend and supplement policies and laws related to workers' rights and obligations regarding occupational safety and hygiene.

Participate and coordinate with state agencies to inspect, examine and supervise the implementation of policies and laws on occupational safety and hygiene related to the rights and obligations of workers; Participate in developing, guiding and supervising the implementation of plans, regulations, internal rules and measures to ensure labor safety and hygiene to improve working conditions for workers at the workplace; Participate in investigation of occupational accidents according to the provisions of law.

Responsible agencies, organizations, businesses, and individuals are required to immediately implement measures to ensure occupational safety and hygiene, and take corrective measures, including cases of having to temporarily suspend operations, when detecting workplaces with harmful factors or factors dangerous to human health and life during the working process.

Encourage workers to comply with regulations, rules, procedures, and measures to ensure occupational safety and hygiene.

Representing the collective of workers to sue when the rights of the collective of workers regarding occupational safety and hygiene are violated; Representing workers to sue when workers' rights to occupational safety and hygiene are violated and authorized by the workers.

Research and application of science and technology, education and training on occupational safety and hygiene; Recommend solutions to improve working conditions and prevent labor accidents and occupational diseases for workers.

Coordinate with state agencies to organize emulation movements on occupational safety and hygiene; organize mass movements to work on occupational safety and hygiene; Organize and guide the activities of the safety and sanitation network.

Rewarding occupational safety and hygiene according to regulations of the Vietnam General Confederation of Labor.

Article 10. Rights and responsibilities of grassroots trade unions in occupational safety and hygiene

Participate with employers in developing and monitoring the implementation of plans, regulations, internal rules, processes, and measures to ensure safety, labor hygiene, and improve working conditions.

Representing the collective of workers to negotiate, sign and monitor the implementation of labor safety and hygiene provisions in the collective labor agreement; Responsible for helping employees complain and sue when legal and legitimate rights and interests are violated.

Dialogue with employers to resolve issues related to the rights and obligations of employees and employers regarding occupational safety and hygiene.

Participate and coordinate with employers to organize inspections of occupational safety and hygiene; Supervise and require employers to comply with regulations on occupational safety and hygiene; Participate and coordinate with employers to investigate occupational accidents and supervise the settlement of benefits, vocational training and job placement for people suffering from labor accidents and occupational diseases.

Recommend to employers, competent agencies and organizations to implement measures to ensure occupational safety and hygiene, overcome the consequences of technical incidents causing loss of safety and hygiene, occupational accidents and handle violations of the law on occupational safety and hygiene.

Propagate and mobilize employees and employers to well implement the provisions of law, standards, regulations, processes, and measures to ensure safety and occupational hygiene in the workplace. Coordinate with employers to organize training on occupational safety and hygiene for union officials and employees.

Require responsible persons to immediately implement measures to ensure occupational safety and hygiene, including temporary suspension of operations if necessary, when detecting a workplace that poses a risk to the health and life of workers.

Participate in the grassroots occupational accident investigation team as prescribed in Clause 1, Article 35 of this Law; Participate and coordinate with employers to rescue and overcome the consequences of technical incidents causing unsafety, occupational hygiene, and occupational accidents; In case the employer fails to fulfill the obligation to declare as prescribed in Article 34 of this Law, the grassroots trade union is responsible for immediately notifying the competent state management agency as prescribed in Article 35 of this Law to conduct an investigation.

Coordinate with employers to organize emulation movements and mass movements to work on occupational safety and hygiene and build a culture of labor safety at the workplace; Manage and guide the operations of the safety and sanitation network.

For production and business establishments that have not yet established a grassroots union, the immediate superior grassroots union shall exercise the rights and responsibilities specified in this Article when requested by the workers there.

Article 11. Rights and responsibilities of the Vietnam Farmers' Association

Participate with state agencies in developing policies and laws on occupational safety and hygiene for farmers. Recommend to competent state agencies to develop, amend and supplement policies and laws related to the rights and obligations of farm workers regarding occupational safety and hygiene.

Participate and coordinate with state agencies in inspecting, examining and supervising the implementation of regimes, policies and laws on occupational safety and hygiene related to the rights and obligations of farm workers; Participate in investigating occupational accidents when the person suffering from an occupational accident is a farmer.

Participate in propaganda and training activities on occupational safety and hygiene for farmers.

Coordinate with state agencies in improving working conditions, preventing labor accidents and occupational diseases for farmers.

Mobilize farmers to participate in the movement to ensure labor safety and hygiene for farmers according to the provisions of law.

Article 12. Prohibited acts

Concealing, declaring or reporting falsely about labor accidents and occupational diseases; Failure to comply with requirements and measures to ensure occupational safety and hygiene, causing harm or risk of harm to people, property, and the environment; forcing employees to work or not leaving the workplace when there is a risk of an occupational accident that seriously threatens their health or life, or forcing employees to continue working when those risks have not been overcome.

Evading or delaying payment of insurance premiums for labor accidents and occupational diseases; Misappropriation of premiums and benefits for labor accident and occupational disease insurance; Fraud and falsification of documents in implementing insurance for labor accidents and occupational diseases; Failure to pay insurance for labor accidents and occupational diseases for employees; Managing and using the Labor Accident and Occupational Disease Insurance Fund not in accordance with the law; Illegally accessing and exploiting the database on labor accident and occupational disease insurance.

Using machines, equipment, and materials with strict requirements on occupational safety and hygiene that have not been inspected or whose inspection results are unsatisfactory, or that do not have a clear origin, are expired, do not ensure quality, and cause environmental pollution.

Fraud in inspection activities, safety training, occupational hygiene, working environment monitoring, and medical assessment to determine the level of loss of working ability when suffering from labor accidents or occupational diseases; obstruct, cause difficulties or damage the legitimate rights and interests of occupational safety and hygiene of employees and employers.

Gender discrimination in ensuring labor safety and hygiene; Discrimination based on the employee's refusal to do work or leave the workplace when there is a clear risk of an occupational accident that seriously threatens his or her life or health; Discrimination on the basis of having performed the work and tasks of ensuring occupational safety and hygiene at the facility by people working in safety and hygiene, safety and hygiene staff, and medical workers.

Employing workers or doing work with strict requirements on occupational safety and hygiene without having been trained in occupational safety and hygiene.

Pay instead of compensation in kind.

Section 1. INFORMATION, PROPAGANDA, EDUCATION, TRAINING IN LABOR SAFETY AND HYGIENE

Article 13. Information, propaganda and education on occupational safety and hygiene

1. Employers must inform, propagate and educate about occupational safety and hygiene, dangerous factors, harmful factors and measures to ensure occupational safety and hygiene at the workplace for employees; Provide guidance on regulations on occupational safety and hygiene for people visiting and working at your facility.

2. Manufacturers must provide information on measures to ensure occupational safety and hygiene associated with products and goods that are likely to cause unsafety to users during the working process.

3. Agencies, organizations, and households are responsible for organizing propaganda and dissemination of knowledge and skills on occupational safety and hygiene for their employees; Propagate and campaign to eliminate bad customs and unhygienic habits that are harmful and dangerous to personal and community health during the working process.

Based on the specific conditions of the locality, every year, People's Committees at all levels are responsible for directing and organizing the implementation of information, propaganda and education on occupational safety and hygiene for workers working without labor contracts in the locality.

4. Mass media agencies are responsible for regularly organizing information, propaganda, and dissemination of policies, laws and knowledge on occupational safety and hygiene, integrating information on prevention of labor accidents and occupational diseases with other information and communication programs and activities.

Article 14. Labor safety and hygiene training

1. Managers in charge of occupational safety and hygiene, people in charge of occupational safety and hygiene, and people in charge of health, safety and hygiene in production and business establishments must attend an occupational safety and hygiene training course and be issued a certificate by the occupational safety and hygiene training organization after satisfactory inspection and testing.

In case there are changes in policies, laws or science and technology on occupational safety and hygiene, training, fostering and updating knowledge and skills on occupational safety and hygiene must be provided.

2. The employer organizes training for employees doing jobs with strict requirements on occupational safety and hygiene and issues safety cards before assigning them to this job.

3. Employees working without a labor contract must be trained in occupational safety and hygiene when doing work with strict requirements on occupational safety and hygiene and be issued a safety card.

The State has a policy to support tuition fees for employees specified in this Clause when participating in training courses. The level, subjects and duration of support are specified in detail by the Government depending on the socio-economic development conditions in each period.

4. The employer organizes its own training and is responsible for the quality of training on occupational safety and health for employees not specified in Clauses 1, 2 and 3 of this Article, apprentices, trainees, probationers before recruitment or placement and periodically retrains to equip them with the necessary knowledge and skills to ensure occupational safety and health during the working process, in accordance with the assigned job position.

5. Training on occupational safety and hygiene specified in this Article must be consistent with the characteristics and nature of each occupation, job position, and labor size and not cause difficulties to production and business activities. Based on the specific conditions of production and business establishments, employers proactively organize separate training on occupational safety and hygiene or combine training on occupational safety and hygiene with training on fire prevention and fighting or other training contents prescribed by specialized laws.

6. The Minister of Labor, War Invalids and Social Affairs promulgates the List of jobs with strict requirements on occupational safety and hygiene after obtaining opinions from ministries managing relevant sectors and fields.

7. Occupational safety and hygiene training organizations are public service units or enterprises providing occupational safety and hygiene training services according to the provisions of investment law and this Law.

In case an enterprise conducts its own occupational safety and hygiene training for the subjects specified in Clauses 1, 2 and 3 of this Article, it must meet the same operating conditions as an occupational safety and hygiene training organization.

8. The Government regulates in detail the agencies with authority to issue, the conditions of physical and technical facilities, standards for occupational safety and hygiene trainers, the order, procedures, and dossiers for new issuance, re-issuance, extension, and revocation of certificates of eligibility for operation of occupational safety and hygiene training organizations specified in Clause 7 of this Article; training and self-training on occupational safety and hygiene.

Section 2. RULES, PROCEDURES AND MEASURES TO ENSURE LABOR SAFETY AND HYGIENE IN THE WORKPLACE

Article 15. Rules and procedures to ensure occupational safety and hygiene

Employers rely on laws, standards, national technical regulations, local technical regulations on occupational safety and hygiene and production, business and labor conditions to develop, promulgate and organize the implementation of internal rules and procedures to ensure occupational safety and hygiene.

Article 16. Responsibilities of employers in ensuring occupational safety and hygiene in the workplace

Ensure the workplace must meet the requirements for space, ventilation, dust, vapor, toxic gases, radiation, electromagnetic fields, heat, humidity, noise, vibration, other dangerous and harmful factors specified in relevant technical regulations and periodically check and measure those factors; Ensure there are enough showers and appropriate toilets at the workplace according to regulations of the Minister of Health.

Ensure that machinery, equipment, supplies and substances are used, operated, maintained and stored in the workplace according to technical regulations on occupational safety and hygiene, or meet technical standards on occupational safety and hygiene that have been announced and applied and according to internal rules and procedures to ensure occupational safety and hygiene at the workplace.

Fully provide workers with personal protective equipment when performing work with dangerous or harmful factors; Equip safety and occupational hygiene equipment at the workplace.

Annually or when necessary, organize inspection and assessment of dangerous and harmful factors in the workplace to carry out technological and technical measures to eliminate and minimize dangerous and harmful factors in the workplace, improve working conditions and take care of the health of workers.

Periodically inspect and maintain machines, equipment, supplies, materials, factories, and warehouses.

There must be warning signs and instructions in Vietnamese and common languages ​​of workers on safety and occupational hygiene for machines, equipment, supplies and substances with strict requirements on safety and occupational hygiene at the workplace, places of storage, preservation and use, and placed in an easy-to-read and visible location.

Propagate, disseminate or train workers on regulations, rules and procedures on occupational safety and hygiene, measures to prevent and control dangerous and harmful factors in the workplace related to assigned work and tasks.

Develop and promulgate plans for incident handling and emergency response at the workplace; Organize incident handling, emergency response, response forces and promptly report to responsible persons when detecting risks or when occupational accidents or technical incidents occur that cause unsafety and occupational hygiene in the workplace beyond the employer's control.

Article 17. Responsibilities of employees in ensuring occupational safety and hygiene at the workplace

Comply with regulations, rules, procedures, and requirements on occupational safety and hygiene issued by the employer or competent state agency related to assigned work and tasks.

Comply with the law and master knowledge and skills on measures to ensure occupational safety and hygiene in the workplace; Use and preserve provided personal protective equipment, safety and occupational hygiene equipment at the workplace while performing assigned work and tasks.

Must participate in safety and occupational hygiene training before using machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene.

Prevent direct risks causing loss of safety and labor hygiene, violations of safety and labor hygiene regulations at the workplace; Promptly report to responsible persons when learning about labor accidents, incidents or detecting risks of incidents, labor accidents or occupational diseases; Actively participate in rescuing and overcoming incidents and occupational accidents according to the incident handling plan, emergency response or when ordered by the employer or competent state agency.

Article 18. Control of dangerous and harmful factors in the workplace

1. Employers must organize the assessment and control of dangerous and harmful factors in the workplace to propose technical measures for safety, occupational hygiene, and health care for workers; Implement decontamination and disinfection measures for workers working in places with toxic and infectious factors.

2. For harmful factors for which the Minister of Health has prescribed permissible exposure limits to control harmful effects on workers' health, employers must organize working environment monitoring to assess harmful factors at least once a year. The unit organizing working environment monitoring must have adequate facilities, materials, equipment and human resources.

3. For dangerous factors, the employer must regularly control and manage according to technical requirements to ensure safety and occupational hygiene in the workplace and at least once a year must organize an inspection and assessment of this factor according to the provisions of law.

4. Immediately after having the results of monitoring the working environment to assess harmful factors and the results of inspection, assessment and management of dangerous factors in the workplace, the employer must:

a) Publicly notify workers at places where working environment is monitored and where dangerous factors are inspected, evaluated, and managed;

b) Provide information when requested by trade unions, competent agencies or organizations;

c) Take measures to overcome and control dangerous and harmful factors in the workplace to ensure safety, occupational hygiene, and health care for workers.

5. The Government regulates in detail the control of dangerous and harmful factors in the workplace and the operating conditions of working environment monitoring organizations to ensure compliance with the Investment Law and Enterprise Law.

Article 19. Measures to handle technical incidents causing serious loss of safety and occupational hygiene and emergency response

1. The employer must have a plan to handle technical incidents causing serious loss of occupational safety and hygiene, provide emergency response and periodically organize drills according to the provisions of law; Equipped with technical and medical equipment to ensure timely response and first aid when technical incidents causing serious loss of safety and occupational hygiene or occupational accidents occur.

2. Responsibility for handling technical incidents causing serious loss of safety and occupational hygiene, and providing emergency rescue:

a) The employer must order to immediately stop the operation of machinery and equipment, the use of materials and substances, and labor activities at the workplace that are at risk of causing labor accidents or technical incidents causing serious loss of safety and occupational hygiene; Do not force workers to continue working or return to the workplace if the risks of occupational accidents that seriously threaten the worker's life or health have not been overcome; Implement remedial measures and measures according to the plan to handle technical incidents causing serious loss of safety and occupational hygiene, provide emergency response to organize rescue of people and property, ensure safety and occupational hygiene for workers, people around the workplace, property and the environment; promptly notify local authorities where the incident or emergency response occurs;

b) If a technical incident causing serious loss of occupational safety and hygiene occurs in a production or business establishment or locality, the employer or that locality is responsible for urgently mobilizing human, material resources and means to promptly respond to the incident in accordance with specialized laws;

c) If a technical incident causing serious loss of occupational safety and hygiene occurs involving many production and business establishments and localities, the employer and local government where the incident occurs are responsible for responding and reporting to the immediate superior agency according to the provisions of specialized laws.

In cases where the response capacity of production, business and local establishments is beyond the capacity, it is necessary to urgently report to the immediate superior agency to promptly mobilize other production, business and local establishments to participate in the rescue; Production and business establishments and localities that are required to mobilize must implement and coordinate emergency response measures within their scope and capabilities.

3. The Government shall detail this Article.

Article 20. Improving working conditions and building a culture of labor safety

Employers must regularly coordinate with the grassroots trade union executive committee to organize employees to participate in activities to improve working conditions and build a culture of labor safety at the workplace.

Encourage employers to apply technical standards, advanced and modern management systems and apply advanced technology, high technology, and environmentally friendly technology to production and business activities to improve working conditions, ensure safety and occupational hygiene for workers.

Section 3. LABOR PROTECTION REGIME AND WORKER HEALTH CARE

Article 21. Health examination and treatment of occupational diseases for workers

Every year, employers must organize at least one health examination for employees; For workers doing heavy, toxic, dangerous or especially heavy, toxic, dangerous occupations, jobs, disabled workers, minor workers, and elderly workers, health check-ups are provided at least once every 6 months.

When having a health check as prescribed in Clause 1 of this Article, female workers must be examined by a specialist in obstetrics and gynecology, and people working in a working environment exposed to factors at risk of causing occupational diseases must be examined to detect occupational diseases.

The employer shall organize a health examination for the employee before being assigned to work and before moving to a more heavy, hazardous or dangerous occupation or job or after recovering from a work accident or occupational disease and continuing to return to work, unless the medical council has examined the level of work ability decline.

Employers organize health examinations for employees and examinations to detect occupational diseases at medical examination and treatment facilities that ensure professional and technical requirements and conditions.

The employer shall take the employee diagnosed with an occupational disease to a medical examination and treatment facility that meets professional and technical qualifications for treatment according to the occupational disease treatment regimen prescribed by the Minister of Health.

Expenses for health examinations, examinations to detect occupational diseases, and treatment of occupational diseases for employees paid by the employer specified in Clauses 1, 2, 3 and 5 of this Article are accounted for as deductible expenses when determining taxable income according to the Law on Corporate Income Tax and accounted for as regular operating expenses for administrative agencies and public service units without service activities.

Article 22. Heavy, toxic and dangerous occupations and jobs

Heavy, hazardous, dangerous occupations and jobs, and particularly heavy, hazardous, and dangerous occupations and jobs are classified based on the characteristics and typical working conditions of each occupation or job.

The Minister of Labor, War Invalids and Social Affairs promulgates the List of occupations and jobs that are heavy, toxic and dangerous and occupations and jobs that are particularly heavy, toxic and dangerous after receiving opinions from the Ministry of Health; regulate standards for classifying workers according to working conditions.

Employers fully implement labor protection and health care regimes for employees doing heavy, toxic, dangerous occupations and jobs, and particularly heavy, toxic, and dangerous occupations and jobs according to the provisions of law.

Article 23. Personal protective equipment at work

1. Employees doing jobs with dangerous or harmful elements are fully equipped with personal protective equipment by the employer and must use them during work.

2. Employers implement technological, technical and equipment solutions to eliminate or minimize dangerous and harmful factors and improve working conditions.

3. When providing personal protective equipment, employers must ensure the following principles:

a) Right type, right target, sufficient quantity, ensuring quality according to national technical regulations and standards;

b) Do not distribute money instead of providing personal protective equipment; Do not force workers to buy or collect money from workers to buy personal protective equipment;

c) Instruct and supervise workers in using personal protective equipment;

d) Organize the implementation of decontamination, sterilization, and decontamination measures to ensure hygiene for used personal protective equipment in places prone to poisoning, infection, and radiation contamination.

4. The Minister of Labor, War Invalids and Social Affairs regulates the regime of providing personal protective equipment at work.

Article 24. Compensation in kind

1. Employees working in conditions with dangerous or harmful factors are compensated in kind by the employer.

2. In-kind compensation follows the following principles:

a) Helps increase the body's resistance and detoxify;

b) Ensuring convenience, safety, and food hygiene;

c) Conducted during shifts and working days, except in special cases where labor organizations cannot organize centralized training on the spot.

3. The Minister of Labor, War Invalids and Social Affairs regulates compensation in kind.

Article 25. Working hours in conditions with dangerous and harmful factors

1. The employer is responsible for ensuring that the employee's exposure time to dangerous and harmful factors is within the safety limits specified in the corresponding national technical regulations and relevant legal provisions.

2. Working hours for employees doing extremely heavy, harmful, and dangerous occupations and jobs are implemented in accordance with the provisions of labor law.

Article 26. Health recovery nursing

Every year, employers are encouraged to organize for workers doing heavy, toxic, dangerous occupations and jobs, workers doing particularly heavy, toxic, dangerous occupations and jobs, and workers with poor health to receive health rehabilitation.

Article 27. Employee health management

1. Employers must base on the health standards prescribed for each type of occupation, job and health examination results to arrange suitable jobs for employees.

2. Employers are responsible for establishing and managing health records of employees and health records of people with occupational diseases; Notify the results of health examination and occupational disease detection to workers; Annually, report on the health management of employees under management responsibility to the competent state health management agency.

Section 4. MANAGEMENT OF MACHINERY, EQUIPMENT, MATERIALS AND SUBSTANCES WITH STRICT SAFETY AND LABOR HYGIENE REQUIREMENTS

Article 28. Machinery, equipment, supplies and substances have strict requirements on occupational safety and hygiene

1. Machines, equipment, supplies, and substances with strict requirements on occupational safety and hygiene are machines, equipment, supplies, and substances that are stored, transported, preserved, and used properly, for the right purpose, and in accordance with the manufacturer's instructions, but during the labor and production process there is still the potential for labor accidents and occupational diseases to occur, causing serious consequences to human health and life.

2. The Minister of Labor, War Invalids and Social Affairs promulgates the List of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene based on the requests of the ministries specified in Article 33 of this Law.

Article 29. Establishing plans to ensure occupational safety and hygiene when constructing new, expanding or renovating works and facilities to produce, use, preserve and store machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene

1. In the dossier submitted to the competent authority to issue a permit for new construction, expansion or renovation of works and facilities to produce, use, preserve and store machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene, the investor and employer must have a plan to ensure occupational safety and hygiene for the workers' workplace and the environment.

2. The plan to ensure occupational safety and hygiene must have the following main contents:

a) Location and scale of works and facilities;

b) List and describe in detail items in works and facilities;

c) Clearly state dangerous factors, harmful factors, and incidents that may arise during operations;

d) Specific measures to eliminate and minimize dangerous and harmful factors; Plans for handling technical incidents causing serious loss of safety and occupational hygiene, and emergency response.

Article 30. Using machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene

Machines, equipment, and supplies with strict requirements on occupational safety and hygiene must have a clear origin, within the period of use, ensure quality, and must be inspected according to the provisions of Clause 1, Article 31 of this Law, unless otherwise prescribed by specialized laws.

When putting into use or no longer using or disposing of machines, equipment, supplies or substances with strict requirements on occupational safety and hygiene, organizations and individuals must declare to specialized agencies under the People's Committee of provinces and centrally run cities (hereinafter referred to as provincial level) at the place of use according to the authority specified in Clauses 1 and 2, Article 33 of this Law, unless otherwise prescribed by specialized laws.

During the use of machines, equipment, and supplies with strict requirements on occupational safety and hygiene, organizations and individuals are responsible for periodically inspecting, maintaining, preparing and keeping technical safety records of machines, equipment, and supplies according to corresponding national technical regulations.

The use of substances with strict requirements on occupational safety and hygiene shall comply with the provisions of the law on chemicals and specialized laws.

Article 31. Inspection of machines, equipment and supplies with strict requirements on labor safety

1. Machines, equipment, and supplies with strict requirements on labor safety must be inspected before being put into use and periodically during use by organizations conducting technical inspection of labor safety.

2. Inspection of machines, equipment, and materials with strict requirements on labor safety must ensure accuracy, openness, and transparency.

3. The Government regulates in detail the competent authority to issue, the conditions for physical and technical facilities, the order, procedures, and dossiers for new issuance, re-issuance, extension, and revocation of Certificates of eligibility for operation of organizations conducting technical inspection of occupational safety; Inspector standards meet the inspection requirements of inspection objects; Inspection of machines, equipment, and materials has strict requirements on labor safety.

Article 32. Rights and obligations of organizations conducting technical inspection of labor safety

1. The organization of technical labor safety inspection activities is a public service unit or enterprise providing technical labor safety inspection services.

2. Organizations of technical inspection of labor safety have the following rights:

a) Carry out inspection activities according to the contract to provide inspection services;

b) Refuse to provide inspection services when safety conditions are not guaranteed when performing inspection activities of machines, equipment, and supplies;

c) Recommendations, complaints, and denunciations of acts hindering inspection activities;

d) Request organizations and individuals who request to be inspected to provide documents and information to serve inspection activities.

3. Organizations of technical inspection of labor safety have the following obligations:

a) Providing inspection services within the scope and subjects specified in the Certificate of eligibility for inspection activities;

b) Carry out inspection according to the inspection process;

c) Take responsibility for inspection results and compensate for damage caused by inspection activities according to the provisions of law; Revoke issued inspection results when detecting violations;

d) Annually, report to the state management agency competent to manage the field as prescribed in Clauses 1 and 2, Article 33 of this Law and the state management agency on labor on the status of inspection activities carried out in accordance with the provisions of law;

d) Maintain inspection records.

Article 33. Responsibilities of ministries in state management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene

1. Ministries are responsible for state management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene according to the following scope:

a) The Ministry of Health is responsible for state management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene related to food, pharmaceuticals, vaccines, medical biological products, cosmetics, raw materials for drug production, human medicine, household chemicals, insecticidal and antibacterial products, and medical equipment;

b) The Ministry of Agriculture and Rural Development is responsible for state management of machinery, equipment, supplies and substances with strict requirements on safety and labor hygiene related to crops, livestock, fertilizers, animal feed, plant protection drugs, veterinary drugs, biological products used in agriculture, forestry, salt production, fisheries, irrigation works and dykes;

c) The Ministry of Transport is responsible for state management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene related to means of transport, vehicles, loading and unloading equipment, specialized transport construction, means and equipment for exploration and exploitation at sea, and transport infrastructure works;

d) The Ministry of Industry and Trade is responsible for state management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene related to pressure equipment, specialized lifting equipment specialized in industry, chemicals, industrial explosives, mining and oil and gas equipment, except for equipment and means of exploration and exploitation at sea;

d) The Ministry of Construction is responsible for state management of machinery, equipment, supplies and substances with strict requirements on safety and labor hygiene used in construction;

e) The Ministry of Science and Technology is responsible for state management of nuclear reactors, nuclear materials, source nuclear materials, radioactive substances, and radiation equipment;

g) The Ministry of Information and Communications is responsible for state management of machines and equipment used in radio and television broadcasting;

h) The Ministry of National Defense is responsible for state management of military vehicles, equipment, weapons, ammunition, weapons, products serving national defense, and national defense works;

i) The Ministry of Public Security is responsible for state management of fire prevention and fighting equipment; Technical equipment, weapons, ammunition, ammunition, and support tools, except for the cases specified in Point h of this Clause;

k) The Ministry of Labor, War Invalids and Social Affairs is responsible for state management of personal protective equipment for workers and machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene other than those specified in Points a, b, c, d, dd, e, g, h and i of this Clause.

2. Based on the socio-economic development situation and state management requirements, the Ministry of Labor, War Invalids and Social Affairs is responsible for coordinating with ministries managing relevant sectors and fields to submit to the Government a decision to specifically assign the agency responsible for managing machinery, equipment, supplies and substances with new strict requirements on occupational safety and hygiene, not yet specified in Clause 1 of this Article or machines, equipment, supplies and substances with strict requirements on labor hygiene. Occupational safety and hygiene are related to the management scope of many ministries, but it has not been clearly determined which ministry falls under the management authority specified in Clause 1 of this Article.

3. Ministries, based on their state management authority over machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene specified in Clauses 1 and 2 of this Article and the List of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene specified in Clause 2, Article 28 of this Law, have the following responsibilities:

a) Develop a detailed list of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene under management authority and send it to the Minister of Labor, War Invalids and Social Affairs for promulgation;

b) Issue procedures for inspection of machinery, equipment, supplies and substance management with strict requirements on occupational safety and hygiene under management authority after obtaining opinions from the Ministry of Labor, War Invalids and Social Affairs;

c) Organize inspection of inspection activities under state management authority according to the provisions of Clauses 1 and 2 of this Article.

d) Annually, send a report to the Ministry of Labor, War Invalids and Social Affairs on the management of machinery, equipment, supplies and substances with strict requirements on occupational safety and hygiene specified in Clauses 1 and 2 of this Article, unless otherwise specified by specialized laws.

4. The Ministry of Labor, War Invalids and Social Affairs shall preside over and coordinate with relevant ministries to review the List of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene to amend and supplement in accordance with socio-economic development, science and technology and management in each period.

Section 1. DECLARATION, STATISTICS, REPORTING AND INVESTIGATION OF TECHNICAL INCIDENTS CAUSING LOSS OF SAFETY, OCCUPATIONAL HYGIENE, WORK ACCIDENTS, AND OCCUPATIONAL DISEASES

Article 34. Declaration of occupational accidents and technical incidents causing loss of occupational safety and hygiene

1. Declaration of occupational accidents and technical incidents causing loss of safety and occupational hygiene is carried out as follows:

a) When an occupational accident or technical incident that causes loss of safety and hygiene at the workplace occurs or is at risk of occurring, the person suffering the accident or the person who knows the incident must immediately notify the person in charge or the employer to promptly take measures to handle and overcome the consequences;

b) For accidents specified in Point a of this Clause that kill or seriously injure two or more workers, the employer is responsible for immediately reporting to the state labor management agency at the provincial level where the accident occurred; In case of an accident that causes death, it must be immediately reported to the police agency of the district, district, town, provincial city, or centrally run city (hereinafter referred to as district level);

c) For accidents and incidents occurring in the fields of radiation, oil and gas exploration and exploitation, railway, waterway, road, air transport vehicles and units of the people's armed forces, employers are responsible for making declarations according to the provisions of specialized laws;

d) When an occupational accident occurs that kills or seriously injures an employee working without a labor contract, the victim's family or the person who discovers it is responsible for immediately reporting it to the People's Committee of the commune, ward or town (hereinafter referred to as commune level) where the occupational accident occurred to promptly take remedial measures.

In case of a fatal occupational accident or an occupational accident that seriously injures two or more workers, the Commune-level People's Committee is responsible for immediately reporting to the district-level police agency and the provincial-level state labor management agency where the accident occurred to promptly take measures.

In case a technical incident occurs that causes loss of occupational safety and hygiene related to an employee working without a labor contract, the person who discovers it is responsible for promptly reporting it to the Commune-level People's Committee at the place where the technical incident occurs and the reporting shall be carried out in accordance with the provisions of Article 19 and Article 36 of this Law.

2. Within the scope of their responsibilities, competent agencies and organizations must consider and resolve reports of occupational accidents and technical incidents causing loss of occupational safety and hygiene, notify the results of handling the reports to the agency, organization or individual that reported the information upon request and must apply necessary measures to protect the legitimate rights and interests of the person who reported the information.

Article 35. Investigation of occupational accidents, technical incidents causing serious loss of safety and labor hygiene, technical incidents causing serious loss of safety and labor hygiene

1. The employer is responsible for establishing a grassroots-level Occupational Accident Investigation Team to conduct an investigation of an occupational accident that causes minor injuries or an occupational accident that seriously injures a worker under its management, except for cases that have been investigated according to the provisions of Clauses 2 and 3 of this Article or occupational accidents are investigated by a competent state agency in accordance with specialized laws.

The composition of the Grassroots-level Occupational Accident Investigation Team includes the employer or a representative authorized in writing by the employer to act as Team Leader and members who are representatives of the Grassroots Trade Union Executive Committee or collective representatives of workers when the Grassroots Trade Union has not yet been established, people in charge of labor safety, people in health care and a number of other members.

In case an occupational accident seriously injures an employee working without a labor contract, the People's Committee of the commune where the occupational accident occurred must make a record to record the incident and report to the People's Committee of the district where the accident occurred.

2. The provincial state labor management agency is responsible for establishing the Provincial Labor Accident Investigation Team to conduct investigations into fatal labor accidents and labor accidents that seriously injure two or more workers, including workers working without labor contracts, except for the cases specified in Clause 4 of this Article; Reinvestigate the occupational accident that has been investigated by the grassroots Occupational Accident Investigation Team when there are complaints, denunciations or when deemed necessary.

The composition of the Provincial Occupational Accident Investigation Team includes a representative of the specialized Inspectorate of occupational safety and hygiene under the provincial state management agency as the Team Leader and members who are representatives of the Department of Health, representatives of the Provincial Labor Federation and a number of other members.

3. The Minister of Labor, War Invalids and Social Affairs or a competent state agency shall establish a central-level Occupational Accident Investigation Team to conduct an investigation of occupational accidents when it is deemed that the serious nature of the occupational accident or the complexity of the occupational accident investigation exceeds the handling capacity of the Provincial Occupational Accident Investigation Team; Reinvestigate the occupational accident that has been investigated by the Provincial Occupational Accident Investigation Team.

The central-level occupational accident investigation team includes representatives of the Ministry of Labor, War Invalids and Social Affairs, representatives of the Ministry of Health, representatives of the Vietnam General Confederation of Labor and a number of other members.

4. For accidents and incidents specified in Point c, Clause 1, Article 34 of this Law, the investigation shall be carried out in accordance with specialized laws and labor laws and with the coordination of the Occupational Safety and Hygiene Inspectorate.

5. Employers and individuals involved in occupational accidents, technical incidents causing serious loss of safety and labor hygiene, and technical incidents causing serious loss of safety and hygiene must have the obligation to cooperate with the Investigation Team, provide all relevant information and documents, and must not refuse or obstruct the investigation process.

In case of an accident on the way to and from work, the competent state agency is responsible for providing the Investigation Team with one of the following documents:

a) Record of scene examination and accident scene diagram;

b) Traffic accident investigation record;

c) In case there are no documents specified in Points a and b of this Clause, there must be a written confirmation of the accident from the police office of the commune, ward or town where the accident occurred at the request of the worker or the worker's relatives.

The time limit for investigating an occupational accident under the authority of the Labor Accident Investigation Team at the grassroots, provincial and central levels specified in Clauses 1, 2 and 3 of this Article is calculated from the time of receiving the information and declaring the occupational accident until the publication of the occupational accident investigation record as follows:

a) No more than 04 days for occupational accidents that slightly injure the worker;

b) No more than 07 days for an occupational accident that seriously injures a worker;

c) No more than 20 days for occupational accidents that seriously injure two or more workers;

d) No more than 30 days for fatal occupational accidents; no more than 60 days for occupational accidents requiring technical or forensic examination. In cases where accidents with signs of crime are investigated by the investigative agency but then decide not to prosecute criminal cases, the investigation period is calculated from the time the Occupational Accident Investigation Team receives all documents, objects, and means related to the accident.

For occupational accidents specified in Points b, c and d of this Clause with complicated circumstances, the investigation time can be extended once but the extension period must not exceed the time limit specified in these Points; The head of the investigation team must report the extension and obtain the consent of the person who issued the decision to establish the Occupational Accident Investigation Team for the occupational accidents specified in Points b, c and d of this Clause.

7. During the process of investigating an occupational accident specified in Clauses 1, 2 and 3 of this Article, if signs of crime are discovered, the Investigation Team must report in writing, accompanied by documents, transfer relevant objects and means (if any) to the investigation agency for consideration and prosecution of criminal cases according to the provisions of law on criminal proceedings.

The time limit for resolving petitions for prosecution shall comply with the provisions of law on criminal proceedings; In case the investigation agency decides not to prosecute the case, then within 05 days from the date of decision not to prosecute the criminal case, the investigation agency is responsible for providing and transferring to the Occupational Accident Investigation Team documents, objects, and means related to the occupational accident.

8. The minutes of the occupational accident investigation must be publicly announced at the meeting under the chairmanship of the Head of the Occupational Accident Investigation Team and attendees who are members of the Investigation Team, the employer or a representative authorized in writing by the employer, a representative of the trade union, the victim or representative of the victim's relatives, a person who knows the incident, and a person involved in the accident; In case of fatal occupational accidents, there are also representatives of the Police and People's Procuracy at the same level.

The minutes of the investigation of occupational accidents and the minutes of the meeting to announce the minutes of the investigation of labor accidents must be sent to the agencies with members of the Labor Accident Investigation Team, the state management agency on labor, the employer of the establishment where the labor accident occurred, and the victims or relatives of the victims of the labor accident.

9. Responsibility for publishing occupational accident investigation records and other necessary information related to occupational accidents is as follows:

a) The employer is responsible for disclosing information if the investigation of the occupational accident specified in Clause 1 of this Article falls under the employer's responsibility; The Commune-level People's Committee shall disclose information if the occupational accident was recorded by the Commune-level People's Committee;

b) The head of the occupational accident investigation team or the state agency in charge of investigating occupational accidents specified in Clauses 2 and 3 of this Article is responsible for disclosing information;

c) The head of the occupational accident investigation team or the state agency in charge of investigating occupational accidents is responsible for disclosing information, unless otherwise prescribed by specialized laws.

After receiving the minutes of the investigation of the occupational accident and the minutes of the meeting to announce the minutes of the investigation of the occupational accident, the employer must publicly post all information for the employees of the facility where the occupational accident occurred; In case an occupational accident occurs to an employee working without a labor contract, the Commune-level People's Committee must publicly post it for the people to know;

d) The head of the investigation team or the state agency in charge of investigating accidents and incidents according to the provisions of Clause 4 of this Article, investigating technical incidents causing loss of occupational safety and hygiene and technical incidents causing serious loss of safety and occupational hygiene is responsible for publicly announcing the investigation minutes and other necessary related information after the investigation period expires, unless otherwise prescribed by specialized laws.

10. In case the investigation period for labor accidents, technical incidents causing loss of safety and labor hygiene and technical incidents causing serious loss of safety and labor hygiene as prescribed in this Article are exceeded and causes damage to the legitimate rights and interests of employees and employers, compensation must be made according to the provisions of law.

11. The Government regulates in detail the classification, declaration, investigation, and reporting of occupational accidents, technical incidents causing loss of safety and labor hygiene, technical incidents causing serious loss of safety and labor hygiene, and the settlement of labor accident regimes for employees in case of a labor accident with a decision to prosecute a criminal case.

Article 36. Statistics and reporting of occupational accidents and technical incidents causing serious loss of occupational safety and hygiene

1. Employers must make statistics and report on occupational accidents and technical incidents causing serious loss of safety and occupational hygiene at their establishments and periodically report every 06 months and annually to the provincial state labor management agency, unless otherwise prescribed by specialized laws.

2. Every 6 months, every year, the Commune-level People's Committee shall compile statistics and report on occupational accidents and technical incidents causing serious loss of occupational safety and hygiene related to employees working without labor contracts specified in Point d, Clause 1, Article 34 of this Law to the District-level People's Committee for synthesis and reporting to the state labor management agency at the provincial level.

3. Provincial state labor management agencies are responsible for reporting occupational accidents and technical incidents causing serious loss of safety and occupational hygiene that are counted and reported according to the provisions of Clauses 1 and 2 of this Article to the Ministry of Labor, War Invalids and Social Affairs as follows:

a) Quickly report fatal occupational accidents and technical incidents causing serious loss of safety and occupational hygiene occurring in the area;

b) Every 6 months and annually, send reports on the situation of occupational accidents, technical incidents causing serious loss of safety and occupational hygiene and labor safety in the area.

4. Every 6 months, every year, the Ministry of Health compiles statistics on cases of people with occupational accidents examined and treated at medical examination and treatment facilities and sends them to the Ministry of Labor, War Invalids and Social Affairs for synthesis.

5. The Ministry of Labor, War Invalids and Social Affairs organizes and guides the collection, storage, synthesis, provision, publication and assessment of the situation of occupational accidents and technical incidents causing serious loss of safety and occupational hygiene; Organize the construction and management of a database on labor safety nationwide.

Article 37. Statistics and reporting on occupational diseases

All workers suffering from occupational diseases must be counted and reported according to the regulations of the Minister of Health.

The list of occupational diseases is issued by the Minister of Health after consulting with the Ministry of Labor, War Invalids and Social Affairs, the Vietnam General Confederation of Labor, representative organizations of employers and relevant social organizations and is reviewed, amended and supplemented in accordance with changes in the working environment, equipment and technology.

Every year, employers must report and make statistics on occupational disease prevention and control to the provincial state health management agency for synthesis and reporting to the Ministry of Health.

Every year, the Ministry of Health sends statistical reports and assessments on occupational diseases and the implementation of occupational disease prevention and control to the Ministry of Labor, War Invalids and Social Affairs for synthesis and reporting to the Government.

The Ministry of Health organizes and guides the collection, storage, synthesis, provision, publication and evaluation of occupational disease situation; Organize the construction and management of databases on occupational disease prevention and control; Organize occupational disease investigation.

Section 2. RESPONSIBILITIES OF EMPLOYERS FOR EMPLOYEES SUFFERING FROM WORK ACCIDENTS AND OCCUPATIONAL ILLNESSES

Article 38. Responsibilities of employers to employees suffering from labor accidents and occupational diseases

Employers are responsible for employees suffering from labor accidents and occupational diseases as follows:

1. Promptly provide first aid and emergency care to workers suffering from occupational accidents and must advance the costs of first aid, emergency care and treatment for workers suffering from labor accidents or occupational diseases;

2. Payment of medical expenses from first aid and emergency care to stable treatment for people with labor accidents or occupational diseases as follows:

a) Payment of co-payment costs and costs not included in the list covered by health insurance for employees participating in health insurance;

b) Pay the fee for assessment of work capacity loss in cases where the conclusion of work capacity loss is less than 5% because the employer refers the employee to have work capacity loss assessment at the Medical Examination Council;

c) Pay all medical expenses for employees who do not participate in health insurance;

3. Pay full wages to employees who have labor accidents or occupational diseases and have to leave work during the period of treatment and rehabilitation;

4. Compensate workers who suffer from occupational accidents that are not entirely caused by their own fault and workers who suffer from occupational diseases at the following rates:

a) At least equal to 1.5 months' salary if the working capacity is reduced by 5% to 10%; After that, for every 1% increase, 0.4 months' salary will be added if the working capacity is reduced from 11% to 80%;

b) At least 30 months' salary for employees whose working capacity is reduced by 81% or more or for relatives of employees who die due to labor accidents or occupational diseases;

5. Allowances for workers who suffer from work accidents caused by their own fault are at least equal to 40% of the level specified in Clause 4 of this Article with a corresponding reduction in working ability;

6. Introduce workers who suffer from labor accidents or occupational diseases to medical examination to determine the level of reduced working ability, and receive treatment, nursing, and labor function rehabilitation in accordance with the law;

7. Implement compensation and benefits for people who suffer from labor accidents and occupational diseases within 05 days from the date of the Medical Examination Council's conclusion on the level of reduced working ability or from the date the Occupational Accident Investigation Team announces the occupational accident investigation record for fatal occupational accidents;

8. Arrange work suitable for health according to the conclusion of the Medical Examination Council for employees who suffer from labor accidents or occupational diseases after treatment and rehabilitation if they continue to work;

9. Prepare dossiers to enjoy benefits for labor accidents and occupational diseases from the Labor Accident and Occupational Disease Insurance Fund according to the provisions of Section 3 of this Chapter;

10. The salary used as a basis for implementing compensation, allowances, and salaries paid to employees who leave work due to labor accidents or occupational diseases specified in Clauses 3, 4 and 5 of this Article is the salary including salary, salary allowances and other additional payments in accordance with the provisions of labor law.

11. The Minister of Labor, War Invalids and Social Affairs shall detail Clauses 3, 4 and 5 of this Article.

Article 39. Responsibilities of employers for compensation and benefits in special cases when employees have occupational accidents

In case an employee suffers an occupational accident while performing duties or following the employer's direction outside the scope of an agency, enterprise, organization or cooperative, if it is caused by someone else's fault or the person causing the accident cannot be identified, the employer must still compensate the employee according to the provisions of Clause 4, Article 38 of this Law.

In case an employee has an accident while traveling from his/her place of residence to the place of work or from the place of work to the place of residence according to a reasonable route and time, if it is caused by someone else's fault or the person causing the accident cannot be determined, the employer shall provide an allowance to the employee according to the provisions of Clause 5, Article 38 of this Law.

In case the employer has purchased accident insurance for the person suffering from an occupational accident at an insurance service business unit, the person suffering from an occupational accident is entitled to compensation and benefits payments according to the contract signed with the insurance service business unit. If the amount of money paid by the insurance service business unit to the person suffering from an occupational accident is lower than the level specified in Clauses 4 and 5, Article 38 of this Law, the employer must pay the remaining amount so that the total amount of money the person suffering from an occupational accident or their relatives receives is at least equal to the compensation and benefits specified in Clauses 4 and 5, Article 38 of this Law.

If the employer does not pay labor accident and occupational disease insurance for employees who are subject to compulsory social insurance according to the provisions of the Social Insurance Law, then in addition to compensation and benefits as prescribed in Article 38 of this Law, the employer must pay an amount corresponding to the labor accident and occupational disease insurance regime as prescribed in Section 3 of this Chapter when the employee suffers from labor accidents or occupational diseases; Payment can be made once or monthly according to the agreement of the parties. In case of disagreement, it will be made at the request of the employee.

The Minister of Labor, War Invalids and Social Affairs shall detail this Article.

Article 40. In case the employee is not entitled to benefits from the employer when suffering from a work accident

1. Employees are not entitled to benefits from the employer specified in Articles 38 and 39 of this Law if they have an accident due to one of the following causes:

a) Due to the victim's own conflict with the person causing the accident that is not related to the performance of work or labor duties;

b) Because the employee intentionally destroys his or her own health;

c) Due to the use of drugs and other addictive substances contrary to the provisions of law.

2. The Minister of Labor, War Invalids and Social Affairs shall detail this Article.

Section 3. INSURANCE REGIME FOR WORKING ACCIDENTS AND OCCUPATIONAL DISEASE

Article 41. Principles of implementing benefits for people suffering from labor accidents and occupational diseases from the Labor Accident and Occupational Disease Insurance Fund

The Labor Accident and Occupational Disease Insurance Fund is a component fund of the Social Insurance Fund; Payment, benefit, management and use of the fund shall comply with the provisions of this Law and the Law on Social Insurance.

Insurance premiums for labor accidents and occupational diseases are calculated on the basis of the employee's monthly salary and are paid by the employer.

The level of benefits and support for people suffering from labor accidents and occupational diseases is calculated on the basis of the level of loss of working ability, the rate and time of payment to the Labor Accident and Occupational Disease Insurance Fund.

The implementation of labor accident and occupational disease insurance must be simple, easy, convenient, ensuring timely and full benefits for participants in labor accident and occupational disease insurance.

Article 42. Use of the Labor Accident and Occupational Disease Insurance Fund

Pay fees for examination and assessment of injuries and illnesses caused by labor accidents and occupational diseases for cases eligible for benefits as prescribed in Articles 45 and 46 of this Law; Pay the assessment fee in cases where the employee proactively undergoes an assessment of his or her reduced working capacity according to the provisions of Point b, Clause 1 and Clause 3, Article 47 of this Law and the results of the assessment are eligible to increase the level of benefits for labor accidents and occupational diseases.

One-time allowance, monthly allowance, service allowance.

Expenditures on living aids and orthopedic devices.

Spending on convalescence and health recovery.

Expenses to support the prevention and sharing of risks of labor accidents and occupational diseases.

Career change support for people who have had labor accidents or occupational diseases when returning to work.

Insurance management costs for labor accidents and occupational diseases comply with the provisions of the Social Insurance Law.

Expenditure on health insurance premiums for those who quit their job and enjoy monthly labor accident and occupational disease insurance benefits.

Article 43. Subjects of application of the insurance regime for labor accidents and occupational diseases

Subjects applying for the labor accident and occupational disease insurance regime as prescribed in this Section are employees participating in compulsory social insurance as prescribed in Points a, b, c, d, dd, e and h, Clause 1, Article 2 and employers specified in Clause 3, Article 2 of the Law on Social Insurance.

In case an employee signs a labor contract with multiple employers, the employer must pay labor accident and occupational disease insurance according to each signed labor contract if the employee is subject to compulsory social insurance. When suffering from a labor accident or occupational disease, the employee is entitled to the labor accident and occupational disease insurance regime according to the principle of payment and benefits prescribed by the Government.

Article 44. Premium levels and sources of formation of the Labor Accident and Occupational Disease Insurance Fund

1. The employer shall monthly contribute a maximum of 1% of the salary fund used as a basis for social insurance payment of employees specified in Article 43 of this Law to the Labor Accident and Occupational Disease Insurance Fund.

Sources for forming the Labor Accident and Occupational Disease Insurance Fund include:

a) The contribution is the responsibility of the employer specified in Clause 1 of this Article;

b) Profits from investment activities from the fund according to the provisions of Article 90 and Article 91 of the Law on Social Insurance;

c) Other legal sources of income.

3. Based on the ability to ensure balance of the Labor Accident and Occupational Disease Insurance Fund, the Government shall detail the level of contributions to the fund specified in Clause 1 of this Article.

Article 45. Conditions for enjoying labor accident benefits

Employees participating in labor accident and occupational disease insurance are entitled to labor accident benefits when all of the following conditions are met:

1. Having an accident in one of the following cases:

a) At the workplace and during working hours, including when fulfilling necessary daily needs at the workplace or during working hours as allowed by the Labor Code and internal regulations of production and business establishments, including breaks, mid-shift meals, in-kind food, menstrual hygiene, bathing, breastfeeding, and going to the toilet;

b) Outside the workplace or outside working hours when performing work at the request of the employer or a person authorized in writing by the employer to directly manage labor;

c) On the route from home to work or from work to home within a reasonable time and route;

2. Reduced working capacity of 5% or more due to an accident specified in Clause 1 of this Article;

3. Employees are not entitled to benefits paid by the Labor Accident and Occupational Disease Insurance Fund if they fall into one of the causes specified in Clause 1, Article 40 of this Law.

Article 46. Conditions for enjoying occupational disease benefits

1. Employees participating in labor accident and occupational disease insurance are entitled to occupational disease benefits when all of the following conditions are met:

a) Suffering from an occupational disease on the List of occupational diseases issued by the Minister of Health according to the provisions of Clause 1, Article 37 of this Law;

b) Reduced working capacity of 5% or more due to illness specified in Point a of this Clause.

2. Employees who have retired or no longer work in occupations or jobs at risk of occupational diseases on the List of occupational diseases issued by the Minister of Health according to the provisions of Clause 1, Article 37 of this Law and are discovered to have occupational diseases within the prescribed time will be assessed for consideration and settlement according to the regulations of the Government.

Article 47. Assessment of loss of working capacity

1. Employees who suffer from labor accidents or occupational diseases are assessed or re-assessed for reduced working ability when falling into one of the following cases:

a) After the initial injury or illness has been treated and stabilized, there are still sequelae affecting health;

b) After the recurring injury or illness has been treated and stabilized;

c) In case of injury or occupational disease that cannot be treated stably according to the regulations of the Minister of Health, the employee may undergo assessment procedures before or right during the treatment process.

2. Employees are subject to a comprehensive assessment of their work ability decline when they fall into one of the following cases:

a) Having both a work accident and an occupational disease;

b) Having multiple work accidents;

c) Suffering from many occupational diseases.

3. Employees specified in Point b, Clause 1 of this Article are re-evaluated for labor accidents and occupational diseases after 24 months from the date the employee was concluded by the Medical Assessment Council that the rate of decline in working ability was immediately preceding; In cases where the nature of an occupational disease causes the worker's health to decline rapidly, the assessment time will be carried out earlier according to the regulations of the Minister of Health.

Article 48. One-time allowance

1. Employees whose working capacity is reduced from 5% to 30% are entitled to a one-time allowance.

2. The one-time subsidy level is specified as follows:

a) A 5% decrease in working capacity is entitled to five times the base salary, then for each additional 1% decrease, the employee is entitled to an additional 0.5 times the base salary;

b) In addition to the subsidy level specified in Point a of this Clause, you will also be entitled to an additional subsidy calculated based on the number of years you have paid into the Labor Accident and Occupational Disease Insurance Fund. From one year or less, it is calculated as 0.5 months, then for each additional year of contribution to the fund, an additional 0.3 month's salary paid into the fund of the month preceding the month of the occupational accident or being determined to have an occupational disease is calculated; In case you have a work accident in the first month of participating in the fund or have an intermittent period of participation and then return to work, the salary used to calculate this benefit is the salary of that month.

3. The Minister of Labor, War Invalids and Social Affairs shall detail the calculation of benefits for labor accidents and occupational diseases in cases where the employee changes the benefit level due to re-assessment or general assessment.

Article 49. Monthly allowance

1. Employees whose working capacity is reduced by 31% or more are entitled to a monthly allowance.

2. The monthly allowance level is specified as follows:

a) A decrease in working capacity of 31% is equal to 30% of the base salary, then for each additional 1% decrease, the employee is entitled to an additional 2% of the base salary;

b) In addition to the subsidy level specified in Point a of this Clause, each month you will also receive an additional subsidy calculated based on the number of years you have paid into the Labor Accident and Occupational Disease Insurance Fund, from one year or less it is calculated as 0.5%, then for each additional year of contribution to the fund, an additional 0.3% of the salary paid into the fund of the month immediately preceding the month of the occupational accident or occupational disease is determined; In case you have a work accident in the first month of participating in the fund or have an intermittent period of participation and then return to work, the salary used to calculate this benefit is the salary of that month.

3. The temporary suspension and continued enjoyment of monthly labor accident and occupational disease benefits and service allowances shall comply with the provisions of Article 64 of the Law on Social Insurance; Documents and procedures for continuing to receive monthly labor accident and occupational disease benefits comply with the provisions of Article 113 and Article 114 of the Law on Social Insurance. In case of temporary suspension of benefits as prescribed in Point c, Clause 1, Article 64 of the Law on Social Insurance, the social insurance agency must notify in writing and clearly state the reason; The decision to terminate benefits must be based on the conclusions and decisions of the competent state agency.

4. People who are receiving monthly work accident benefits when moving to another part of the country and wish to receive benefits at their new place of residence must submit an application to the social insurance agency where they are receiving benefits. Within 05 days from the date of receipt of the application, the social insurance agency is responsible for processing; If not resolved, a written response must be made clearly stating the reason.

5. People who are receiving monthly labor accident or occupational disease benefits when going abroad to settle will be entitled to a one-time benefit; The one-time allowance is equal to 3 months of the current allowance. Documents and procedures for handling one-time benefits comply with the provisions of Clause 2, Clause 3, Article 109 and Clause 4, Article 110 of the Law on Social Insurance.

6. Monthly allowances for labor accidents, occupational diseases, and service allowances are adjusted according to the provisions of the Law on Social Insurance.

Article 50. Time to receive benefits

The time to receive benefits specified in Articles 48, 49 and 52 of this Law is calculated from the month the employee completes stable treatment and is discharged from the hospital or from the month the Medical Assessment Council's conclusion is issued in case of inpatient treatment; In case of general assessment of the level of work capacity decline specified in Clause 2, Article 47 of this Law, the time of allowance is calculated from the month the employee completes treatment and is discharged from the hospital after the last treatment for a labor accident or occupational disease or from the month of the conclusion of the general assessment by the Medical Examination Council in case of no inpatient treatment.

In case of a labor accident or occupational disease and the time of completion of stable treatment and discharge from the hospital cannot be determined, the time to receive labor accident or occupational disease benefits is calculated from the month of the Medical Examination Council's conclusion; In case of HIV/AIDS infection due to an occupational accident, the time to receive benefits is calculated from the month the employee is issued a Certificate of HIV/AIDS infection due to an occupational accident.

In case the employee is assessed for reduced working capacity as prescribed in Point b, Clause 1 and Clause 2, Article 47 of this Law, the time to receive the new benefit will be calculated from the month of the Medical Examination Council's conclusion.

Article 51. Living aids and orthopedic devices

1. Employees who suffer from work accidents or occupational diseases and suffer damage to their body's functions will be given money to buy daily living aids and orthopedic devices based on the status of injury or illness and as prescribed by medical examination and treatment facilities, orthopedic and rehabilitation facilities that ensure professional and technical requirements and conditions.

2. The Minister of Labor, War Invalids and Social Affairs shall stipulate in detail the types of living aids, orthopedic devices, terms and conditions, purchase price for living aids, orthopedic devices and documents and implementation procedures.

Article 52. Service allowance

Employees whose working capacity is reduced by 81% or more and are paralyzed in the spine or are blind in both eyes or are amputated or paraplegic or suffer from mental illness will, in addition to the benefits specified in Article 49 of this Law, also receive a monthly service allowance equal to the base salary.

Article 53. Benefits when an employee dies due to a work accident or occupational disease

The employee's relatives are entitled to a one-time benefit equal to thirty-six times the base salary in the month of the employee's death and are entitled to a death benefit according to the provisions of the Social Insurance Law when falling into one of the following cases:

Workers who are working die due to work accidents or occupational diseases;

The worker dies during the first treatment period due to a work accident or occupational disease;

Employees die while being treated for injury or illness without having their working capacity loss assessed.

Dossier for death benefits in case the employee dies due to a labor accident or occupational disease shall comply with the provisions of Clause 1, Article 111 of the Law on Social Insurance.

Article 54. Convalescence and health recovery after treatment for injury or illness

1. Employees who, after stabilizing treatment for injury due to a work accident or illness due to an occupational disease, within the first 30 days of returning to work but their health has not recovered, are entitled to a period of 05 to 10 days of rest and recovery for each time they suffer from a work accident or occupational disease.

In case the Medical Assessment Council has not received a conclusion on the assessment of work capacity decline within the first 30 days of returning to work, the employee will still be entitled to convalescence and health recovery benefits for the employee after treatment of injury or illness according to the provisions of Clause 2 of this Article if the Medical Assessment Council concludes that the work capacity loss is eligible for occupational accident and disease insurance.

2. The number of days off for convalescence and health recovery specified in Clause 1 of this Article is decided by the employer and the Grassroots Trade Union Executive Committee. In case the employing unit has not yet established a Grassroots Trade Union, it is decided by the employer. The time for rest and recovery is prescribed as follows:

a) Maximum 10 days in cases of labor accidents or occupational diseases with a loss of working ability of 51% or more;

b) Maximum 07 days in cases of labor accidents or occupational diseases with a decrease in working ability from 31% to 50%;

c) Maximum 05 days in cases of labor accidents or occupational diseases with a decrease in working ability from 15% to 30%.

3. Employees specified in Clause 1 of this Article are entitled to 01 day equal to 30% of the base salary.

Article 55. Support for career change for people who have had labor accidents or occupational diseases when returning to work

1. In case a person who has a labor accident or occupational disease is arranged by the employer for a new job under its management according to the provisions of Clause 8, Article 38 of this Law, if the employee must be trained to change occupations, tuition support will be provided.

2. The support level must not exceed 50% of the tuition fee and must not exceed fifteen times the base salary; The maximum number of times of support for each employee is two times and can only receive support once in a year.

Article 56. Support activities to prevent and share risks of labor accidents and occupational diseases

1. Every year, the Labor Accident and Occupational Disease Insurance Fund spends a maximum of 10% of its revenue to support activities to prevent and share risks of labor accidents and occupational diseases.

2. Supported activities to prevent and share risks of labor accidents and occupational diseases include:

a) Medical examination and treatment of occupational diseases;

b) Rehabilitation of labor functions;

c) Reinvestigate labor accidents and occupational diseases at the request of the social insurance agency;

d) Training on occupational safety and hygiene for people participating in insurance for labor accidents and occupational diseases and falling under the provisions of Clauses 1 and 2, Article 14 of this Law.

3. Support for activities specified in Points a and b, Clause 2 of this Article does not include the costs paid by the Health Insurance Fund according to the provisions of the Health Insurance Law or the costs supported by the employer according to the provisions of Clause 2, Article 38 of this Law.

4. The Government regulates in detail the support conditions, documents, support level, support time, support order and procedures, the competent agency deciding on support, and organizing the implementation of support policies specified in Article 55 and Article 56 of this Law and must ensure balance of the Labor Accident and Occupational Disease Insurance Fund.

Article 57. Dossier for occupational accident benefits

Social insurance book.

Hospital discharge certificate or copy of medical records after treatment of occupational accidents for inpatient cases.

Minutes of assessment of loss of working capacity by the Medical Examination Council.

Written request for settlement of occupational accident benefits according to the form issued by Vietnam Social Insurance after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.

Article 58. Dossier for occupational disease benefits

Social insurance book.

Hospital discharge papers or copies of medical records after treatment for occupational diseases; In case of inpatient treatment at a medical examination and treatment facility, an occupational disease certificate is required.

Minutes of assessment of loss of working capacity by the Medical Examination Council; In case of HIV/AIDS infection due to an occupational accident, the certificate of HIV/AIDS infection due to an occupational accident shall be replaced.

Written request for settlement of occupational disease regime according to the form issued by Vietnam Social Insurance after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs.

Article 59. Settlement of insurance benefits for labor accidents and occupational diseases

The employer shall submit the application to the social insurance agency within 30 days from the date of receipt of complete application for insurance benefits for labor accidents and occupational diseases according to the provisions of Article 57 and Article 58 of this Law.

Within 10 days from the date of receiving complete documents, the social insurance agency is responsible for processing insurance benefits for labor accidents and occupational diseases; If not resolved, a written response must be made clearly stating the reason.

Article 60. Settlement of benefits for convalescence and health recovery after labor accidents and occupational diseases

The employer shall make a list of people who have received insurance benefits for labor accidents and occupational diseases but whose health has not yet recovered and submit it to the social insurance agency within 10 days from the date the employee is determined to have not recovered in health according to the provisions of Clause 1, Article 54 of this Law.

Within 10 days from receiving the list, the social insurance agency is responsible for resolving convalescence and health recovery benefits for employees and transferring money to the employer; If not resolved, a written response must be made clearly stating the reason.

Within 05 days from the date of receiving the money transferred by the social insurance agency, the employer is responsible for paying benefits to the employee.

Article 61. Resolve benefits of labor accident and occupational disease insurance benefits late compared to the prescribed time limit

In case the time limit for settling benefits of labor accident and occupational disease insurance as prescribed in Article 59 and Clause 1, Article 60 of this Law is exceeded, a written explanation must be given and the reason clearly stated.

In case the settlement of insurance benefits for labor accidents and occupational diseases and payment of benefits is delayed compared to the prescribed time limit, causing damage to the legitimate rights and interests of the beneficiary, compensation must be made according to the provisions of law, except in cases where it is due to the employee's own fault or that of the employee's relatives who are entitled to death benefits.

Article 62. Documents and procedures for examination and assessment of reduced working capacity to resolve insurance regimes for labor accidents and occupational diseases

Documents and procedures for examination and assessment of reduced working capacity to resolve the insurance regime for labor accidents and occupational diseases are prescribed by the Minister of Health.

Examination and assessment of reduced working capacity must ensure accuracy, openness and transparency. The Medical Examination Council is responsible for the accuracy of its examination results according to the provisions of law.

Article 63. Occupational safety and hygiene for female workers, minor workers, and disabled workers

Regulations on occupational safety and hygiene for female workers, minor workers, and disabled workers comply with the provisions of the Labor Code, the Law on People with Disabilities and this Law.

Article 64. Conditions for employing elderly workers in heavy, toxic and dangerous occupations and jobs

1. Only employ elderly workers in occupations and jobs that are heavy, toxic, dangerous, especially heavy, toxic, or dangerous that have a negative impact on the health of elderly workers when the following conditions are met:

a) Experienced and highly skilled elderly workers with 15 years of professional experience or more; have a certificate or vocational certificate or be recognized as an artisan according to the provisions of law;

b) Elderly workers are healthy enough to perform heavy, hazardous and dangerous occupations and jobs according to health standards promulgated by the Minister of Health after obtaining opinions from specialized ministries;

c) Only used for no more than 05 years for each elderly employee;

d) There is at least one employee who is not an elderly employee working together;

d) There is voluntariness of the elderly employee when arranging work.

2. The Government shall detail this Article.

Article 65. Labor safety and hygiene in case of labor subleasing

1. Labor subleasing enterprises have the following responsibilities:

a) Agreement with the outsourcing party to ensure the legal rights and benefits of occupational safety and hygiene of the subhired employee, but must not be lower than that of the outsourcing party's employees with the same qualifications, doing the same job or work of equal value; Include the above agreed contents in the labor sublease contract and fulfill the employer's obligations according to the provisions of the Labor Code and this Law;

b) Coordinate and inspect the outsourcing party to ensure occupational safety and hygiene for the subleased employees. In case the labor subleasing party does not fully comply with the commitments on ensuring occupational safety and hygiene in the signed labor subleasing contract, the labor subleasing enterprise must be responsible for fully ensuring the rights of the subleasing employee;

c) Maintain records on occupational safety and hygiene related to sub-hired employees; Report labor accidents and occupational diseases according to the provisions of Article 36 and Article 37 of this Law.

2. The sub-hiring party has the following responsibilities:

a) Fully implement the commitments in the labor sublease contract; Do not discriminate in terms of occupational safety and hygiene for subleased employees compared to their own employees;

b) When an occupational accident or technical incident occurs that causes loss of occupational safety and hygiene for sub-hired workers, it is necessary to promptly provide first aid and emergency care to the victim, and immediately notify the labor leasing enterprise and carry out declaration and investigation according to the provisions of Article 34 and Article 35 of this Law;

c) Organize occupational safety and hygiene training for subleased workers according to the provisions of this Law, except in cases where the labor subleasing enterprise has organized training appropriate to the job assigned to the subleased employee; Every 6 months and annually, summarize the situation of labor accidents and occupational diseases of subleased workers and send them to the labor subleasing enterprise;

d) Coordinate with labor subleasing enterprises in investigating occupational accidents; Maintain records on occupational safety and hygiene related to subleased employees.

3. The subleased employee must comply with the internal regulations, procedures and measures to ensure occupational safety and hygiene of the subhiring party.

4. The Government provides detailed regulations on occupational safety and hygiene in case of labor subleasing; Responsibilities of the labor subleasing enterprise and the labor subleasing party towards the subleased employee, ensuring the rights and interests of the subleased employee in accordance with the provisions of the Labor Code and this Law.

Article 66. Occupational safety and hygiene in places where many employees from many employers work together

In a workplace where many employees from multiple employers work together, the project owner or investor must organize for the employers to jointly prepare a document clearly defining each person's responsibilities in ensuring safety and occupational hygiene for employees and appoint people to coordinate inspection of occupational safety and hygiene.

Article 67. Occupational safety and hygiene for Vietnamese workers working abroad

1. Vietnamese workers working abroad specified in this Article include Vietnamese workers performing tasks abroad sent by employers and Vietnamese workers working abroad under contracts according to the provisions of the Law on Vietnamese workers working abroad under contracts.

2. Employers must comply with regulations on occupational safety and hygiene of the host country's laws and must comply with the following regulations:

a) Ensuring full implementation of occupational safety and hygiene measures, insurance regimes for labor accidents and occupational diseases and responsibilities of employers towards employees specified in this Law; In case the host country's regulations on these regimes are more beneficial to employees, the host country's regulations will comply;

b) Coordinate with competent authorities of the host country in investigating accidents and illnesses that occur to workers;

c) For fatal occupational accidents or severe occupational accidents, records and documents related to the occupational accident must be provided to the Provincial Occupational Safety and Hygiene Inspectorate in Vietnam at the place where the employer's headquarters is located.

3. Vietnamese workers working abroad must comply with the provisions of Vietnamese law and the law of the host country, unless an international treaty to which the Socialist Republic of Vietnam is a member has other provisions.

Article 68. Occupational safety and hygiene for domestic workers

The employer is responsible for instructing how to use machines, equipment, utensils, and measures to prevent and fight fire and explosion in the home related to the work of domestic workers; Implement regulations related to ensuring safety and health care of domestic workers.

Employees who are domestic helpers are responsible for strictly following instructions on using machines, equipment, utensils and preventing and fighting fires and explosions.

The Minister of Labor, War Invalids and Social Affairs shall detail the contents of occupational safety and hygiene applicable to domestic workers.

Article 69. Occupational safety and hygiene for workers accepting work to do at home

The employee shall agree in writing with the employer to assign work to be done at home based on the employee ensuring the requirements of occupational safety and hygiene for the work assigned at home.

If an occupational accident occurs while working at home, the employee or their relatives must immediately report it to the employer.

In case a person with a labor accident has participated in insurance for labor accidents and occupational diseases, policies and regimes related to people with labor accidents and occupational diseases will be handled according to the provisions of this Law.

In case the person suffering from a work accident is not required to participate in labor accident or occupational disease insurance, the employer is responsible for settling the employee's benefits according to the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 10, Article 38 of this Law.

Employers are responsible for checking the assurance of occupational safety and hygiene in the workplace of employees who accept work from home; Carry out commitments in agreements with employees who accept work to do at home; Reporting occupational accidents that occur while working at the employee's home along with general reporting on occupational accidents specified in Article 36 of this Law.

Article 70. Occupational safety and hygiene for students, apprentices, apprentices, and probationers

Educational establishments and vocational training establishments are responsible for ensuring occupational safety and hygiene conditions for pupils, students, and apprentices during their practice and vocational training periods as for employees specified in Articles 15, 16, 18, 19, 20, 23, 24, 25 and Clause 1, Article 27 of this Law.

Employers are responsible for implementing regulations on occupational safety and hygiene for apprentices, trainees, and probationers as for employees in this Law, including cases of occupational accidents.

Pupils, students, and apprentices during the period of practice, apprenticeship, or vocational training must comply with regulations on occupational safety and hygiene of educational institutions and vocational training establishments.

In case pupils or students have an occupational accident during their internship, they will be supported according to Government regulations.

Article 71. Implementing occupational safety and hygiene in production and business establishments

Production and business establishments, when organizing the implementation of occupational safety and hygiene, in addition to complying with the regulations on occupational safety and hygiene in Chapters I, II, III and IV of this Law, must also comply with the provisions of this Chapter.

The management board of economic zones, industrial parks, export processing zones, and high-tech zones is responsible for directing the organization of occupational safety and hygiene for production and business establishments within the scope of management; Coordinate and organize inspections of labor safety and hygiene activities and report on labor safety and hygiene activities to state labor management agencies within the scope of management, unless otherwise prescribed by specialized laws.

Based on the scale and nature of labor, risks of labor accidents, occupational diseases, and working conditions, the Government shall detail the application of regulations on occupational safety and hygiene of this Law to other establishments, management boards of economic zones, industrial parks, export processing zones, and high-tech zones specified in Clause 2 of this Article in accordance with working conditions, organization, apparatus, functions, tasks and other provisions of relevant specialized laws.

Article 72. Department of occupational safety and hygiene

1. Based on the scale, nature of labor, risk of labor accidents, occupational diseases, and working conditions, the employer must arrange people to work in occupational safety and hygiene or establish a department to manage labor safety and hygiene at the facility.

The Government regulates this clause in detail.

2. Persons in charge of occupational safety and hygiene or the occupational safety and hygiene department are responsible for advising and helping employers organize the implementation of occupational safety and hygiene at production and business establishments, including the following main contents:

a) Develop rules, procedures and measures to ensure occupational safety and hygiene; fire and explosion prevention and control;

b) Develop and urge the implementation of annual occupational safety and hygiene plans; Assess risks and develop emergency response plans;

c) Manage and monitor the declaration and inspection of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene;

d) Organize information, propaganda and training activities on occupational safety and hygiene; first aid, emergency care, prevention and control of occupational diseases for workers;

d) Organize self-inspection of occupational safety and hygiene; Investigate occupational accidents and technical incidents causing loss of safety and occupational hygiene according to the provisions of law;

e) Preside and coordinate with the health department to organize monitoring and control of dangerous and harmful factors;

g) Summarize and propose to the employer to resolve recommendations of the inspection team, inspection team and employees on occupational safety and hygiene;

h) Coordinate with the grassroots trade union executive committee to guide the implementation of the duties of safety and hygiene staff;

i) Organize emulation, reward, discipline, make statistics and report on occupational safety and hygiene.

3. Persons working in occupational safety and hygiene and the occupational safety and hygiene department have the following rights:

a) Request the person in charge of the production department to issue an order to suspend work or decide to temporarily suspend work in an emergency when detecting risks of occupational accidents to implement measures to ensure occupational safety and hygiene, and at the same time report to the employer;

b) Suspending the operation of machines and equipment that are unsafe or have expired;

c) The employer arranges time to attend training classes to improve professional skills in occupational safety and hygiene according to the provisions of law.

4. People in charge of safety, hygiene, and labor must have technical expertise and knowledge of the facility's production and business practices.

5. In case the production or business establishment cannot arrange people or cannot establish an occupational safety and hygiene department as prescribed in Clauses 1 and 4 of this Article, it must hire qualified organizations according to the provisions of law to perform the tasks of occupational safety and hygiene as prescribed in Clause 2 of this Article.

Article 73. Health department

1. Based on the scale, nature of labor, risk of labor accidents, occupational diseases, and working conditions, the employer must arrange medical staff or establish a medical department responsible for caring for and managing the health of employees.

The Government regulates this clause in detail.

2. Health workers and health departments are responsible for advising and assisting employers and directly implementing health management of employees, with the following main contents:

a) Develop plans, first aid and emergency equipment, essential medicines and emergency situations for labor accidents, and organize training on first aid and emergency care for workers at the facility;

b) Develop plans and organize health examinations, examinations to detect occupational diseases, medical assessments to determine the level of reduced ability to work when suffering from labor accidents or occupational diseases, nursing and rehabilitation of labor functions, and consulting on measures to prevent and control occupational diseases; Propose and arrange job positions suitable for workers' health;

c) Organize regular medical examination and treatment at the facility and provide first aid and emergency care to victims when occupational accidents or technical incidents cause loss of safety and occupational hygiene according to regulations;

d) Propagate and disseminate information on labor hygiene, prevention and control of occupational diseases, and health improvement in the workplace; Check compliance with hygiene regulations, organize disease prevention and control, ensure food safety and hygiene for workers at the facility; Organize training in kind according to regulations;

d) Prepare and manage information on hygiene and labor at the workplace; Organize working environment monitoring to assess harmful factors; Manage employee health records and health records of people with occupational diseases (if any);

e) Coordinate with the occupational safety and hygiene department to perform relevant tasks specified in Clause 2, Article 72 of this Law.

3. Health workers and health departments have the following rights:

a) Request the person in charge of the production department to issue an order to suspend work or decide to temporarily suspend work in an emergency when detecting signs of violations or risks affecting the health, illness or disease of employees, and at the same time report to the employer about this situation; manage medical equipment and drugs for first aid and emergency care at the workplace; provide first aid and emergency instructions to workers at the facility;

b) Suspend the use of substances that do not meet regulations on occupational safety and hygiene;

c) The employer arranges time to participate in meetings, conferences and transactions with local health agencies or health ministries and branches to improve professional skills and work coordination.

4. Health workers at the facility must have medical qualifications and a certificate of expertise in occupational health.

5. In case the facility cannot arrange medical staff or cannot establish a medical department as prescribed in Clauses 1 and 4 of this Article, it must have a contract with a qualified medical examination and treatment facility according to regulations of the Minister of Health to perform the health care tasks of workers specified in Clause 2 of this Article.

Article 74. Safety and hygiene

1. Each production team in production and business establishments must have at least one safety and hygiene officer on duty during working hours. The employer shall make a decision to establish and promulgate operating regulations of the safety and sanitation network after reaching agreement with the grassroots trade union executive committee if the production or business establishment has established the grassroots trade union executive committee.

2. Safety and hygiene staff are direct workers, knowledgeable about occupational safety and hygiene expertise and techniques; voluntarily and exemplary in complying with occupational safety and hygiene regulations and elected by workers in the team.

3. Safety and hygiene staff operate under the management and guidance of the grassroots trade union executive committee, on the basis of the operating regulations of the safety and hygiene staff network; Coordinate expertise and techniques in occupational safety and hygiene during the performance of tasks with people working in safety and hygiene, or the safety and hygiene management department, medical staff or medical department at the facility.

4. Safety and hygiene staff have the following obligations:

a) Urge, remind, and guide everyone in the group, team, and workshop to strictly comply with regulations on occupational safety and hygiene, and preserve safety equipment and personal protective equipment; Remind team leaders, captains, and foremen to comply with regulations on occupational safety and hygiene;

b) Supervise the implementation of standards, regulations, processes, and regulations on occupational safety and hygiene, detect shortcomings and violations of occupational safety and hygiene, and cases of unsafe and unhygienic conditions of machinery, equipment, supplies, substances, and workplaces;

c) Participate in developing occupational safety and hygiene plans; Participate in instructing safe working methods for new workers coming to work in the team;

d) Recommend to the team leader or superior to fully implement labor protection regimes, measures to ensure labor safety and hygiene and promptly overcome cases of unsafety and hygiene of machines, equipment, supplies, substances and workplaces;

d) Report to the trade union or labor inspectorate when detecting violations of occupational safety and hygiene at the workplace or cases of unsafety of machines, equipment, supplies, substances with strict requirements on occupational safety and hygiene that have been proposed to the employer but are not remedied.

5. Safety and hygiene staff have the following rights:

a) Be provided with complete information about the measures taken by the employer to ensure occupational safety and hygiene at the workplace;

b) Be allowed to spend part of their working time performing the duties of the safety and hygiene officer but still be paid for the time spent performing the duties and receive a responsibility allowance.

The level of liability allowance is agreed upon by the employer and the grassroots trade union executive committee and is recorded in the operating regulations of the safety and hygiene network;

c) Request workers in the group to stop working to implement measures to ensure occupational safety and hygiene, if there is a direct risk of causing incidents or occupational accidents, and take responsibility for that decision;

d) Receive education and training to improve professional qualifications, skills, and operating methods.

Article 75. Grassroots occupational safety and hygiene council

1. Based on the scale, nature of labor, risk of labor accidents, occupational diseases, and working conditions, the employer establishes the grassroots Occupational Safety and Hygiene Council.

The Government regulates this clause in detail.

2. The grassroots occupational safety and hygiene council has the following tasks and powers:

a) Consulting and coordinating with employers in developing regulations, processes, plans and measures to ensure labor safety and hygiene at production and business establishments;

b) Annually, organize dialogues at the workplace between employees and employers to share information, increase understanding and promote the improvement of fair and safe working conditions for employees; improve the effectiveness of implementing policies and laws on occupational safety and hygiene at production and business establishments;

c) Organize inspection of the implementation of occupational safety and hygiene at production and business establishments;

d) Request the employer to take remedial measures if risks of occupational safety and hygiene are detected.

3. Composition of the Grassroots Occupational Safety and Hygiene Council includes:

a) Representative of the employer as Chairman of the Council;

b) Representative of the Executive Committee of the grassroots trade union or representative of the collective of workers where there is no trade union organization as Vice Chairman of the Council;

c) The person in charge of occupational safety and hygiene at production and business establishments is a standing member and secretary of the Council;

d) People doing medical work at production and business establishments;

d) Other relevant members.

The composition of the grassroots Occupational Safety and Hygiene Council must ensure that the proportion of female members participating is consistent with the principles of gender equality and actual conditions at production and business establishments.

Article 76. Occupational safety and hygiene plan

1. Every year, employers must develop and organize the implementation of an occupational safety and hygiene plan. For tasks arising during the plan year, appropriate content must be added to the occupational safety and hygiene plan.

2. The planning of occupational safety and hygiene must be consulted with the Executive Committee of the grassroots trade union and be based on the following grounds:

a) Assess risks of occupational safety and hygiene at the workplace; control of dangerous and harmful factors and emergency response plans;

b) Results of implementing occupational safety and hygiene in the previous year;

c) Tasks, directions of production and business plans and labor situation of the plan year;

d) Recommendations of workers, trade unions and inspection teams.

3. The occupational safety and hygiene plan must have the following main contents:

a) Technical measures for labor safety and fire and explosion prevention and control;

b) Technical measures for occupational hygiene, prevention and control of harmful factors and improvement of working conditions;

c) Providing personal protective equipment for workers;

d) Health care for workers;

d) Information, propaganda, education and training on occupational safety and hygiene.

Article 77. Assessment of risks related to occupational safety and hygiene

Risk assessment of occupational safety and hygiene is the analysis and identification of risks and harmful effects of dangerous and harmful factors in the workplace in order to proactively prevent and prevent labor accidents and occupational diseases and improve working conditions.

Employers must organize assessments and guide employees to self-assess occupational safety and hygiene risks before work, regularly during the work process or when necessary.

For industries and occupations with high risks of labor accidents and occupational diseases, risk assessment of occupational safety and hygiene must be compulsorily applied and included in internal regulations and working procedures.

The Minister of Labor, War Invalids and Social Affairs shall detail Clauses 2 and 3 of this Article after obtaining the opinion of the Minister of Health.

Article 78. Emergency response plan

1. Based on the risk of occupational accidents and diseases in the workplace and legal regulations, employers must develop an emergency response plan at the workplace.

2. The emergency rescue plan must have the following main contents:

a) Plan to evacuate workers from dangerous areas;

b) First aid and emergency measures for victims;

c) Measures to prevent and overcome consequences caused by the incident;

d) Equipment for rescue;

d) On-site response force; Coordination plan with forces outside the facility; rehearsal plan.

3. The order, procedures, and authority to approve emergency response plans are implemented in accordance with the provisions of law.

Article 79. Organization of rescue forces

In workplaces with dangerous or harmful factors that pose a risk of causing occupational accidents, the employer is responsible for organizing a specialized or semi-specialized rescue force according to regulations and organizing first aid and emergency training for workers.

Response forces must be equipped with technical and medical equipment to ensure timely response, first aid, and emergency care and must be trained.

The Minister of Health shall detail the organization, equipment and training for first aid and emergency services at the workplace.

Article 80. Self-inspection of occupational safety and hygiene

Employers must plan and organize periodic and unscheduled self-inspections of occupational safety and hygiene at the facility.

The specific content, form and duration of self-inspection must ensure effectiveness and be consistent with the nature of work, risks of labor accidents, occupational diseases, and working conditions of the facility.

The Minister of Labor, War Invalids and Social Affairs shall detail this Article after obtaining the opinion of the Minister of Health.

Article 81. Statistics and reports on occupational safety and hygiene

1. Every year, employers must conduct statistics and reports on occupational safety and hygiene at the workplace as follows:

a) Report on occupational safety and hygiene to the state management agency on labor and the state management agency on health at the provincial level, unless otherwise prescribed by specialized laws;

b) Statistics and reports on labor accidents, occupational diseases, and technical incidents causing serious loss of occupational safety and hygiene according to the provisions of Article 36 and Article 37 of this Law.

2. The Minister of Labor, War Invalids and Social Affairs shall detail Point a, Clause 1 of this Article after obtaining the opinion of the Minister of Health.

Article 82. Contents of state management of occupational safety and hygiene

Promulgate and organize the implementation of legal documents on occupational safety and hygiene; Develop, promulgate or announce national standards and technical regulations on occupational safety and hygiene, local technical regulations on occupational safety and hygiene according to assigned management authority.

Propaganda, dissemination and education of laws on occupational safety and hygiene.

Monitor, compile statistics and provide information on labor accidents and occupational diseases; Develop national occupational safety and hygiene programs and records.

Manage the organization and operations of service organizations in the field of occupational safety and hygiene.

Organize and conduct research and application of science and technology on occupational safety and hygiene.

Inspect, examine, resolve complaints and denunciations and handle violations of laws on occupational safety and hygiene.

Fostering and training on occupational safety and hygiene.

International cooperation on occupational safety and hygiene.

Article 83. Responsibility for state management of occupational safety and hygiene

The Government unifies state management of occupational safety and hygiene.

The Ministry of Labor, War Invalids and Social Affairs is responsible to the Government for uniformly implementing state management of occupational safety and hygiene.

Ministries and ministerial-level agencies, within the scope of their duties and powers, are responsible for implementing state management of occupational safety and hygiene.

People's Committees at all levels, within the scope of their tasks and powers, carry out state management of occupational safety and hygiene.

Article 84. Responsibility for state management of occupational safety and hygiene of the Minister of Labor, War Invalids and Social Affairs

Preside over the development and submission to competent state agencies for promulgation or promulgate according to authority and organize the implementation of laws, policies, plans on occupational safety and hygiene, national programs on occupational safety and hygiene; establish national records on occupational safety and hygiene.

Issue a List of machines, equipment, supplies and substances with strict requirements on occupational safety and hygiene according to the provisions of Clause 2, Article 28 of this Law; Preside over the implementation of state management of safety and occupational hygiene training activities and inspection activities of machines, equipment and supplies with strict requirements on labor safety.

Develop or contribute opinions according to authority on national technical standards and regulations on occupational safety and hygiene as prescribed in Article 87 of this Law.

Monitor, synthesize and provide information on occupational safety and hygiene; Statistics on occupational safety and hygiene according to the provisions of law on statistics.

Preside over organizing propaganda, dissemination and education of laws on occupational safety and hygiene; Prevent technical incidents that cause loss of safety, labor hygiene, labor accidents, and occupational diseases.

Submit to the Government to decide on handling measures in necessary cases to protect the legitimate rights and interests of workers' insurance for labor accidents and occupational diseases.

Inspect, examine and handle violations of laws on occupational safety and hygiene; Carry out and coordinate the investigation of occupational accidents and technical incidents causing loss of safety and occupational hygiene; Make recommendations to the Ministry of Public Security and the Supreme People's Procuracy to investigate and handle occupational accidents with criminal signs.

International cooperation on occupational safety and hygiene.

Article 85. Responsibility for state management of occupational safety and hygiene of the Minister of Health

Develop and submit to competent state agencies for promulgation or promulgate according to authority legal documents on working environment monitoring; assess, control and manage harmful factors in the workplace; Manage and organize working environment monitoring.

Develop national standards and technical regulations on occupational safety and hygiene for occupational hygiene factors in the working environment; give opinions on the content of labor hygiene according to the authority specified in Clause 5, Article 87 of this Law.

Provide guidance according to authority on labor hygiene management and occupational disease prevention and control.

Provide guidance on health examination of workers, examination to detect occupational diseases, assessment of reduced working capacity, treatment and rehabilitation for workers with labor accidents or occupational diseases, and management of labor health records.

Coordinate with the Ministry of Labor, War Invalids and Social Affairs to develop training content on occupational hygiene; propagate, disseminate and educate about labor hygiene laws.

Develop, promulgate and periodically review, amend and supplement the List of occupational diseases according to the provisions of Clause 1, Article 37 of this Law; organize occupational disease assessment; Develop and promulgate health standards for each type of occupation and job after receiving opinions from relevant ministries and branches.

Monitor, synthesize and provide information on occupational hygiene; make statistics and build a database on occupational diseases; Managing employee health at work.

Coordinate with the Ministry of Labor, War Invalids and Social Affairs to develop evaluation criteria for the List of occupations and jobs that are heavy, toxic, dangerous and especially heavy, toxic and dangerous.

Coordinate with the Ministry of Labor, War Invalids and Social Affairs to inspect and examine compliance with the law on labor hygiene according to the provisions of law.

Annually, send a report to the Ministry of Labor, War Invalids and Social Affairs on the implementation of policies and laws on occupational safety and hygiene in the field of management.

Article 86. Responsibility for state management of occupational safety and hygiene of People's Committees at all levels

Develop and submit to competent state agencies for promulgation or promulgate according to authority legal documents and local technical regulations.

Responsible for managing occupational safety and hygiene in the locality; Develop and organize the implementation of policies and laws on occupational safety and hygiene in the locality.

Annually, report on the implementation of local occupational safety and hygiene policies and laws to the People's Council at the same level or make extraordinary reports at the request of competent state agencies according to the provisions of law.

Every year, allocate resources to organize propaganda, dissemination and education of laws on occupational safety and hygiene in the area in accordance with specific local conditions; Prioritize propaganda, dissemination and education of laws on occupational safety and hygiene for employees working without labor contracts in the locality.

Inspect, examine and handle according to authority violations of laws on occupational safety and hygiene in the locality.

Article 87. Responsibility for developing and publishing national standards on occupational safety and hygiene and developing and promulgating national technical regulations on occupational safety and hygiene

The Ministry of Science and Technology approved the plan to develop national standards on occupational safety and hygiene and announced national standards on occupational safety and hygiene.

The Ministry of Labor, War Invalids and Social Affairs presides over and coordinates with relevant ministries and ministerial-level agencies to plan and develop national technical regulations on occupational safety and hygiene.

Ministries and ministerial-level agencies preside over the development of national standards on occupational safety and hygiene and develop and promulgate national technical regulations on occupational safety and hygiene within the scope of management assigned by the Government after obtaining the consensus of the Ministry of Labor, War Invalids and Social Affairs; In case of disagreement, the agency in charge of developing national standards and national technical regulations shall report to the Prime Minister for consideration and decision.

The appraisal of national standards and national technical regulations on occupational safety and hygiene is organized by the Ministry of Science and Technology in accordance with the provisions of the Law on Standards and Technical Regulations.

The Ministry of Labor, War Invalids and Social Affairs develops national standards and promulgates national technical regulations on occupational safety and hygiene under its management authority as prescribed in Clause 3 of this Article; Responsible for coordinating with ministries and ministerial-level agencies to submit to the Prime Minister for decision on assignment of responsibilities for developing national standards, developing and promulgating new national technical regulations or related to the management scope of many ministries and ministerial-level agencies.

The Ministry of Health develops national standards on occupational safety and hygiene and promulgates national technical regulations on occupational safety and hygiene under its management authority according to the provisions of Article 85 of this Law; There is consensus on the content of occupational hygiene in the process of ministries and ministerial-level agencies developing national standards and national technical regulations on occupational safety and hygiene.

Article 88. National Council for Occupational Safety and Health, Provincial Council for Occupational Safety and Health

The National Council for Occupational Safety and Health is an advisory organization to the Government in developing new or amending and supplementing policies and laws on occupational safety and health. The Council was established by the Prime Minister, including representatives of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Vietnam General Confederation of Labor, the Vietnam Farmers' Association, representative organizations of employers, relevant ministries and branches and a number of experts and scientists in the field of occupational safety and hygiene.

The Provincial Council of Occupational Safety and Health is an advisory organization to the People's Committee in organizing the implementation of policies and laws on occupational safety and health in the locality. The Council was established by the Chairman of the Provincial People's Committee, including representatives of the Department of Labor, War Invalids and Social Affairs, the Department of Health, the Labor Federation, the Farmers' Association, a number of businesses, agencies, organizations and experts and scientists in the field of occupational safety and hygiene in the locality.

Every year, the Council of Occupational Safety and Health is responsible for organizing dialogues to share information and enhance understanding between employers, employees, trade unions, employer representative organizations and state agencies to promote the improvement of fair and safe working conditions for workers, and improve the effectiveness of building and implementing policies and laws on occupational safety and health.

The Government regulates in detail the establishment, functions, tasks, organization and operations of the National Council for Occupational Safety and Health and the Provincial Council for Occupational Safety and Health.

Article 89. Inspection of occupational safety and hygiene

Occupational safety and hygiene inspection is a specialized inspection agency under the agency implementing state management of labor at the central and provincial levels.

The inspection of occupational safety and hygiene in the fields of radiation, oil and gas exploration and exploitation, railway, waterway, road and air transport vehicles and units of the people's armed forces is carried out by state management agencies in that field in coordination with the occupational safety and hygiene inspectorate.

The Government regulates in detail the organization and operation of occupational safety and hygiene inspection specified in Clause 1 of this Article and the inter-sectoral coordination mechanism specified in Clause 2 of this Article.

Article 90. Handling of violations of the law on occupational safety and hygiene

Anyone who violates the law on occupational safety and hygiene will, depending on the nature and severity of the violation, be administratively handled or prosecuted for criminal liability; If causing damage, they must compensate and remedy the consequences according to the provisions of law.

Anyone who abuses positions and powers to violate the provisions of this Law, infringes upon the interests of the State, the legitimate rights and interests of organizations and individuals, depending on the nature and extent of the violation, shall be disciplined or prosecuted for criminal liability; If causing damage, compensation must be made according to the provisions of law.

Employers who commit acts of evading or delaying payment of labor accident or occupational disease insurance, misappropriating premiums or enjoying labor accident or occupational disease insurance prescribed in Clause 2, Article 12 of this Law for 30 days or more, in addition to having to pay the full amount of unpaid or late payment and be handled according to the provisions of law, must also pay an amount of interest equal to twice the average Social Insurance Fund investment interest rate of the immediately preceding year calculated on the amount and time. slow to close; If not done, at the request of the competent person, bank, other credit institution, the state treasury is responsible for deducting from the employer's deposit account to pay the unpaid amount, late payment and interest on this amount to the account of the social insurance agency.

The Government regulates in detail the acts, forms and levels of sanctions for administrative violations in the field of occupational safety and hygiene specified in this Law.

Article 91. Coordination mechanism on occupational safety and hygiene

1. The coordination mechanism on occupational safety and hygiene is implemented as follows:

a) The Ministry of Labor, War Invalids and Social Affairs shall preside over and coordinate with ministries, ministerial-level agencies, Government agencies, and Provincial People's Committees to implement the coordination contents specified in Clause 2 of this Article within the scope of their responsibilities;

b) State management agencies on occupational safety and sanitation at all levels coordinate with political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations and other organizations in occupational safety and sanitation in relevant fields.

2. Content of coordination on occupational safety and hygiene includes:

a) Develop policies and laws on occupational safety and hygiene; standards and technical regulations on occupational safety and hygiene;

b) Develop national programs and records on occupational safety and hygiene;

c) Investigation of occupational accidents; Accidents and technical incidents causing loss of safety and occupational hygiene; policies and regimes for workers suffering from labor accidents and occupational diseases;

d) Information, propaganda, education, training, statistics and reports on occupational safety and hygiene; inspect machines, equipment, and supplies with strict requirements on labor safety;

d) Inspect, examine, supervise occupational safety and hygiene and handle violations of the law on occupational safety and hygiene;

e) Commendation for occupational safety and hygiene;

g) Research and application of science and technology on occupational safety and hygiene.

3. The Government shall detail this Article.

Article 92. Effectiveness of implementation

1. This Law takes effect from July 1, 2016.

2. The regulations on insurance for labor accidents and occupational diseases in Section 3 Chapter III, Clause 4 Article 84, Point b Clause 1 and Point a Clause 2 Article 86, Articles 104, 105, 106, 107, 116 and 117 of the Law on Social Insurance No. 58/2014/QH13 expire from the effective date of this Law.

3. Organizations of technical inspection of labor safety, organizations of occupational safety and hygiene training operating before the effective date of this Law continue to operate until the expiration of the issued certificate of eligibility for operation.

Article 93. Detailed regulations

The Government and competent state agencies shall detail the assigned articles and clauses in the Law.

This Law was passed by the 13th National Assembly of the Socialist Republic of Vietnam, 9th session, on June 25, 2015.

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Sinh Hung

The latest Law on Occupational Safety and Hygiene 2023 No. 84/2015/QH13 is a legal document in the field of Labor - Wages. Please download the Law on Occupational Safety and Hygiene 84/2015/QH13 to see the detailed content of the Document.

Please refer to further information:

Investment Law 2014 No. 67/2014/QH13

Enterprise Law 2014 No. 68/2014/QH13

Constitution 2013

Labor Code No. 10/2012/QH13

Law on People with Disabilities No. 51/2010/QH12

Health insurance law