Nghị định 06/CP

DECREE

STIPULATING IN DETAIL A NUMBER OF ARTICLES OF THE LABOUR CODE ON LABOUR SAFETY AND HYGIENE

THE GOVERNMENT

Pursuant to the Law on Government Organization dated 30 September 1992 ;

Pursuant to the Labour Code dated 23 June 1994 ;

Subject to the proposal of the Minister of Labour, War Invalids and Social Affairs and the Minister of Health,

DECREES

Chapter I

SCOPE OF APPLICATION

Article 1. The scope of application of regulations for labour safety and hygiene covers all organizations or individuals employing labour, any government employees, officials, and other working people including trade apprentices in any branches, economic sectors, armed forces as well as any enterprises, organizations, foreign offices and international or ganizations located on the territory of Vietnam.

Chapter II

LABOUR SAFETY AND HYGIENE

Article 2. Feasibility study an the measures for. labour safety and hygiene, subject to section I, Article 96 of the Labour Code, shall be stipulated as follows :

1. For the building of a new establishment, or the expansion or the renovation of an existing facility for production, utilization, maintenance and storage of machinery, equipment, materials and substances requiring a high level of labour safety and hygiene, the investor or the employer must prepare a feasibility study on the measures to be taken for labour safety and hygiene. The following details should be provided in the feasibility study :

- Site and size of the project or facility, and the distance between the project or facility to residential areas or to other projects or facilities ; .

- Any dangerous or harmful factor or any event that may occur in the course of operation ; and preventive measures ;

The feasibility study must be approved by the State Inspection Agency for labour safety and hygiene in cooperation with relevant agencies.

2. All requirements for labour safety and hygiene shall be met and measures taken in accordance with the approved feasibility study.

Article 3. The implementation of criteria for labour safety and hygiene, subject to section 2, Article 96 of the Labour Code, shall be stipulated as follows :

1. The criteria for labour safety and hygiene must be met. Based upon the criteria for labour safety and hygiene issued by the State and by the relevant branch, the employer must set up its formalities for labour safety and hygiene applicable to each kind of machinery, equipment and material and the rules for safety and hygiene at the work place.

2. The importation of machinery, materials or items requiring a high level of labour safety and hygiene shall be permitted by the Ministry of Trade subject to consultation with and approval from the State Inspection Agency for labour safety and hygiene.

Article 4. Inspection of work places with detrimental factors, subject to Article 97 of the Labour Code, shall provide for the following :

1. All detrimental factors must be inspected and measured at least. once a year ;

2. Upon discovery of any unusual signs, check must be given and rectifying measure taken immediately ;

3. Filing and monitoring documents must be kept in accordance with regulations.

Article 5. Subject to Article 100 of the labour Code, a work place where dangerous and toxic elements exist that may result in a work-related accident, shall be provided as follows :

1. The work place must be fully equipped by the employer with appropriate technical and medical facilities such as medical kit; cotton and bandage, stretchers, gas masks and ambulance ;

2. 'The employer must prepare a plan to ensure a timely response to any accidents that may occur ;

3. A first-aid team must be formed ;

4. The first - aid team members and employees must regularly practise emergency action. In dealing with an emergency, the employer of a small unit shall take all actions by himself or in collaboration with adjacent units or local emergency services, but first-aid must still be given on the spat.

Article 6. Employees doing dangerous or toxic jobs must be adequately equipped with personal protective clothing and equipment that meet the quality standards and criteria provided by the Ministry of Labour, War Invalids and Social Affairs.

Article 7, Regular health checks and training in labour safety and hygiene shall, subject to Article 102 of the Labour Code, be provided as follows :

1. Any employees, including trade apprentices, shall be given a health check at least once a year, and for an employee doing a hard and toxic job, his health must be checked at least every 6 months.

All health checks must be conducted by State-owned health facilities.

2. Before starting their jobs, all employees; including trade apprentices must be instructed and trained on labour safety and hygiene.

Depending on his specific job; each employee will behelped to practise measures to ensure labour safety and hygiene.

Assignment of any employees; who have not been trained and provided a safety card, to do any job requiring a high level of labour safety and hygiene shall be strictly forbidden.

Any provision for training shall accord with the instruction from the Ministry of Labour, War Invalids and Social Affairs.

Article 8. Material compensation provided under Article 104 of the Labour Code, shall be as follows :

1. An employee shall be materially compensated in accord- once with the quantity and formulation of compensation stipulated by the Ministry of Labour, War Invalids and Social Affair and the Ministry of Health ; ,

2. Provision of mid-shift meals ;

3. Cash payment instead of material compensation is forbidden.

Chapter III

WORK- RELATED ACCIDENT AND OCCUPATIONAL DISEASES

Article 9. Responsibilities of the employers far the victims of work-related accidents, subject to Article 105 of the Labour Code, shall be stipulated as follows :

1. The victim of a work-related accident must be rescued in time and brought immediatel to the health facility ;

2. Where the work-related accident causes the death of the employee or serious injuries to one or several employees, the place where the Work-related accident occurs must be kept intact and an immediate report is required to be sent to the State Inspection Agency for labour safety and the local police.

Article 10. Responsibilities of the employers for sufferers of occupational diseases, subject to Article 106 of the Labour Code, shall be stipulated as follow :

1. The sufferer of an occtipational disease must be treated by the medical speciality ;

2. After the treatment of an occupational disease, the sufferer will be given a health check at least every 6 months and will have separate medical records where the disease is included in the list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.

The Ministry of Health shall make provisions for the details, control and filing of these medical records.

Article 11

1. Subject to section 3, Article 107 of the Labour Code, the employers shall be responsible for compensation of employees as a result of a work-related accidents or occupational disease.

2. Where an accident involves a trade apprentice employed to work for the enterprise under section 2, Article 23 of the Labour Code in the course of apprenticeship the employer shall be responsible for payment of compensation equal to 30 months' wages for an apprentice whose ability to work has been reduced by 81% or more or for the relatives of an apprentice who has died of a labour accident not caused by the fault of the apprentice. Where the apprentice is at fault he or his relatives still receive from the employer a compensation equal to at least 12 months of wages.

Article 12. Subject to Article 108 of the Labour Code; all investigations, records, statistics and reports on work-related accidents or occupational diseases shall be stipulated as follows :

1. When a work-related accident occurs, the employer must open an investigation and make a report in the presence of the representative of the local Trade Union Executive Committee.

The report shall state fully the circumstances of the accident, the injury to the victim, level of damage, cause of and responsibility for the accident. The report shall be signed by the employer and representative of the local Trade Union Executive Committee.

2. All work-related accidents and cases of occupational diseases must be declared, statistically noted and reported as stipulated by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.

Chapter IV

RIGHTS AND OBLIGATIONS OF EMPLOYERS AND EMPLOYEES

Article 13. An employer has responsibilities for :

1. Designing alongside the enterprise's annual business/production scheme, a plan with measures for labour safety and hygiene as well as improvement of working conditions ;

2. Adequately providing the employees with protective equipment and implementing all other regulations on labour safety and hygiene as provided by the State ;

3. Nominating a person who shall supervise the implementation of the rules and regulations on labour safety and hygiene within the enterprise and shall join the local trade union establishing and maintaining the operation of the network for work safety and hygiene ;

4. Setting up the rules and requirements for labour safety and hygiene; ii accordance with each kind of machinery, equipment and material even when the technology, machinery, equipment, material and work place are modified to comply with the standards stipulated by the State ;

5. Providing training and guidance on the standards, regulations and measures of labour safety and hygiene for employees ;

6. Organizing periodical health checks for employees in accordance with current regulations ;

7. Strictly complying with the regulations for declaration on and investigation into work-related accidents or occupational diseases, and making semi-annual and annual reports on the result of the implementation of labour safety and hygiene and the improvement of working conditions to the Department of Labour, War Invalids and Social Affairs at the place where the enterprise is located.

Article 14. An employer is entitled to the following rights :

1. To require employees to comply with rules and regulations and measures for-labour safety and hygiene ;

2. To reward those who comply with and discipline those who breach the regulations on labour safety and hygiene ;

3. To lodge a complaint with. State Agencies in respect of any decision of the Labour Inspector on labour safety and hygiene while strictly abiding by such decision.

Article 15. An employee has responsibilities to :

1. Comply with all rules and regulations on labour safety and hygiene relating to his duties and responsibilities ;

2. Use and maintain all protective equipment which have been provided and pay compensation if he loses such equipment ;

3. Report in time to responsible persons when discovering any risk of a work-related accident, occupational disease, or poisoning or dangerous event ; take part in rescue and remedying the effect of work-related accident where required by the employer.

Article 16. The rights of employees areas follows :

1. To require employers to guarantee working conditions to be safe, clean and improved ; and require employers to make full provision of protective clothing and equipment and training and practive in measures for labour safety and hygiene ;

2. To cease to work of leave the work place when he detects an imminent and serious danger to his life or health and be responsible for immediately reporting the danger to a responsible person. The employee has the right to refuse to return to the work place if the danger is still present ;

3. To lodging complaint/protest with the State Agencies when the employer violates the State regulations or fails to comply with all commitments on labour safety and hygiene set out in the labour contract or agreement.

Chapter V

RESPONSIBILITIES OF THE STATE AGENCIES

Article 17. Subject to section 3, Article 95 of the Labour Code, the establishment of the national programme on labour protection and occupational safety and hygiene shall be stipulated as follows :

1. The Ministry of Labour, War Invalids and social Affairs and the Ministry of Health shall coordinate with concerned Ministries or branches the drawing up of a national programme on labour protection and occupational safety and hygiene, submit it to the Government for approval and in tegrate it in the socio-economic development plan.

2. Annually, based upon the approved national programme on labour protection and occupational safety and hygiene, the Ministry of Labour, War Invalids and Social Affairs shall join the State Planning Committee and the Ministry of Finance in drawing up the budget for this programme and integrate it in the state budget plan.

Article 18. The Prime Minister of the Government shall set up the National Council for labour safety and hygiene to advise the Prime Minister and coordinate the activities of relevant branches and levels on labour Safety and hygiene.Members of the Council shall be determined by the PrimeMinister.

Article 19. State Management for labour safety and hygiene, subject to Articles 180 and 181 of the Labour Code, shall be provided as follows :

1. The Ministry of Labour, War Invalids and Social Affairs shall be responsible for preparing and submitting to the relevant agencies for issurance of the legal documentation, policies and regimes on labour protection and occupational safety and hygiene. This Ministry shall also be responsible for the promulgation and uniform State management of regulatory systems on labour safety, and labour criteria for classification of jobs according to working conditions ; as well as guiding relevant branches and levels in the implementation of investigation for occupational safety, provision of information concerning and instruction on occupational safety and hygiene and cooperation with foreign countries and international organizations in relation to occupational safety ;

2. The Ministry of Health shall be responsible for the establishment and uniform management of regulatory systems relating to labour hygiene criteria for health applicable to all kinds of jobs, guiding the relevant branches and levels in the implementation of labour hygiene, inspecting the implementation of labour hygiene, organizing health checks and treating occupational diseases and cooperating with foreign countries and international organizations in the domain of labour hygiene;

3. The Ministry of Science, Technology and Environment shall be responsible for uniform management of scientific and technological research and, its application in occupational safety and hygiene ; and for promulgating criteria for quality and specifications of protective equipment and co-ordinating with -the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health, establishment, promulgation and exercise of uniform State management of technical standards for labour safety and hygiene ;

4. The Ministry of Education and Training shall be responsible for guiding the inclusion of occupational safety, and hygiene in the curriculum of universities and technical, professional, management or job training schools ;

5. After obtaining agreement in writing from the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health, all Ministries and branches shall issue a regulatory system for labour safety and hygiene of their own ;

6. State Management on labour safety and hygiene in relation to radiation, oil and gas exploration and exploitation, rail-way, water-way, motor-way and air-way and the armed forces, shall be exercised by such concerned branches in co-ordination with the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health ;

7. Each provincial/city People's Committee shall carry out State -management of labour safety and hygiene in its locality ;

set the targets for ensuring labour safety and hygiene and improvement of working conditions and integrate them in the local socio-economic development plan and budget.

Chapter VI

RESPONSIBILITIES OF THE TRADE UNION

Article 20. The Vietnam General Federation of Labour shall join the State agency in preparing a national programme on labour protection, occupational safety and hygiene ; and shall outline a scientific research programme and draw up laws policies on labour protection, occupational safety and hygiene.

Article 21:

1. Local trade unions shall join the labour, war invalids and social affairs office and health facility at the same level in supervising State management and the implementation of regulations on labour safety and hygiene, as well as the investigation of work-related accidents ;

2. Local trade unions shall be responsible for educating employees to strictly comply with all rules and regulations on labour safety and hygiene in order to ensure occupational safety and hygiene within the enterprise, and for conducting and maintaining the activities of the network for work of safety and hygiene.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 22. This Decree shall come into force as from 1 January 1995. All former regulations on labour safety and hygiene, which are in contrary to the labour Code and this Decree, shall- be abrogated.

Article 23. The Minister of Labour, War Invalids and Social Affairs and the Minister of Health shall be responsible for guiding the implementation of this Decree.

Article 24. The Ministers, the Heads of the Ministerial Offices, the Heads of the Government-owned Offices, the Chairmen of the provincial/city People's Committees shall be responsible for the execution of this Decree.