Circular No. 41/2011/TT-BLDTBXH dated December 28, 2011 of the Ministry of Labor, War Invalids and Social Affairs amending and supplementing a number of provisions of the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 37/2005/TT-BLDTBXH of December 29, 2005, guiding the training in labor safety and sanitation

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 41/2011/TT-BLDTBXH of December 28, 2011, amending and supplementing a number of provisions of the Ministry of Labor, War Invalids and Social Affairs’ Circular No. 37/2005/TT-BLDTBXH of December 29, 2005, guiding the training in labor safety and sanitation

Pursuant to the Government’s Decree No. 06/CP of January 20, 1995, detailing a number of articles of the Labor Code on labor safety and sanitation;

Pursuant to the Government’s Decree No. 110/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 06/CP of January 20, 1995, detailing a number of articles of the Labor Code on labor safety and sanitation;

Pursuant to the Government’s Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

The Ministry of Labor, War Invalids and Social Affairs amends and supplements a number of provisions of Circular No. 37/2005/TT-BLDTBXH of December 29, 2005, guiding the training in labor safety and sanitation (below referred to as Circular No. 37/2005/TT-BLDTBXH), as follows:

Article 1. To amend and supplement a number of provisions of Circular No. 37/2005/TT-BLDTBXH as follows:

1. Point a, Clause 2, Section VI

Labor safety cards shall be printed and managed by employers (under Article 6 of the Labor Code) according to the form provided in Appendix I to this Circular. In case of being unable to print labor safety cards, employers shall contact provincial-level Departments of Labor, War Invalids and Social Affairs to be provided with these cards.

2. Point b, Clause 2, Section VI

Employers are responsible to issue labor safety cards to their employees (including employees working as freelancers) who perform jobs subject to strict requirements on labor safety and sanitation after these employees are trained for the first time and pass examinations and tests.

3. Point f, Clause 1, Section VII

Anually, establishments shall report on the list of employees performing jobs subject to strict requirements on labor safety and sanitation to provincial-level Departments of Labor, War Invalids and Social Affairs and the managing agencies for management and monitoring; summazize and periodically report on labor safety and sanitation training under Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT of January 10, 2011, of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, guiding the training in labor safety and sanitation in labor establishments.

Article 2. Effect

1. This Circular takes effect on March 1, 2012.

2. Labor safety cards issued before the effective date of this Circular will continue to be effective until their expiration specified in Circular No. 37/2005/TT-BLDTBXH.

3. Any problems arising in the course of implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and settlement.-

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
BUI HONG LINH