Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some articles of the Law on Occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment

THE GOVERNMENT

Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing some articles of the Law on Occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on Occupational safety and sanitation dated June 25, 2015;

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

The Government details some articles of the Law on occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decreedetails some articles of the Law on occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment.

Article 2.Subjects of application

1. The employers and the employees who are specified in Article 2 of the Law on occupational safety and sanitation.

2. The non-business units, enterprises and other organizations and individuals related to the technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Inspected objects are machine, equipment and materials with strict requirements for occupational safety included in the list issued by the Ministry of Labor Invalids and Social Affairs;

2. Regular trainer is the person who provides the occupational safety and sanitation and works under contract with term from 12 months or more or without term.

3. Training group is the group of training objects with the same general characteristics of work, requirements for occupational safety and sanitation and is classified in accordance with the provisions in this Decree.

Chapter II

TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

Article 4. Conditions for issue of Certificate of eligibility for technical inspection of occupational safety

1. The organizations as non-business units and enterprises that are issued with Certificate of eligibility for technical inspection of occupational safety must meet the following conditions:

a) Are established by laws and permitted to provide the services of technical inspection of occupational safety.

b) Ensure the equipment and instruments for inspection for each object within the inspection as required in the inspection procedures and national technical regulations on occupational safety and sanitation.

c) Have all technical materials about each object within the inspection of the inspection procedures.

d) Have at least 02 inspectors working under contract from 12 months or more of the organization to carry out the inspection for each object within the range to request the issue of Certificate of eligibility for inspection.

dd) The person in charge of techniques of inspection of the organization must graduate from university of technical specialty and have carried out the technical inspection of occupational safety for at least 03 years.

2. The equipment, materials and personnel specified under Points b, c, d and dd, Clause 1 of this Article are only used as the conditions to request the issue of Certificate of eligibility for technical inspection of occupational safety for an organization.

Article 5. Dossier and procedures for issue, renewal and re-issue of Certificate of eligibility for technical inspection of occupational safety 

1. The dossier for issue of Certificate of eligibility for technical inspection of occupational safety comprises of:

a) Application for issue of Certificate;

b) Copy of Certificate of enterprise registration for enterprises or establishment decision for the non-business enterprises;

c) List of equipment and instruments for inspection;

d) List of technical materials;

dd) Documents of inspector comprise of:

- Copy of Certificate of inspector;

- Copy of labor contract or labor contract;

e) Documents of the person in charge of inspection techniques comprise of:

- University degree;

- Documents evidencing inspection experience.

2. Dossier to renew the Certificate of eligibility for technical inspection of occupational safety includes:

a) Application for renewal of Certificate;

b) Issued Certificate;

c) Documents specified under Points b, c, d, dd and e, Clause 1 of this Article in case of change;

3. The dossier for re-issue of Certificate of eligibility for technical inspection of occupational safety is stipulated as follows:

a) For case of addition or modification Certificate, the dossier includes:

- Application for addition or modification Certificate;

- Issued Certificate;

- Documents evidencing the change of condition for issue of Certificate.

b) For the lost and damaged Certificate, the dossier includes:

- Application for re-issue of Certificate;

- Issued Certificate in case of damage.

4. The forms of dossier components specified in Clauses 1, 2 and 3 of this Clause are specified in Appendix Ia issued with this Decree.

5. The order and procedures for issue, renewal and re-issue of Certificate of eligibility for technical inspection of occupational safety is stipulated as follows:

a) Organizations wishing the issue, renewal and re-issue of Certificate should send a dossier for issue, renewal and re-issue of Certificate as specified in Clause 1, Article 6 of this Decree and pay the inspection fees as provided for by the Ministry of Finance

For case of renewal, at least 30 days before the expiration of duration indicated in the Certificate, the organizations should send their dossiers to the competent authorities as stipulated in Clause 1, Article 6 of this Decree.

b) Within 30 days, after fully receiving the prescribed dossier, the competent authorities shall verify, issue, renew or re-issue the Certificate or reply in writing and state the reasons in case of disapproval.

Article 6. Authority to issue, renew, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety

1. The authority to issue, renew, re-issue or revoke the Certificate of eligibility for technical inspection of occupational safety is provided for in the Appendix Ib issued with this Decree.

2. The form of Certificate of eligibility for technical inspection of occupational safety is provided for in the Appendix Ib issued with this Decree.

Article 7. Duration of Certificate of eligibility for technical inspection of occupational safety

1. 05 years for new or renewed Certificate.

2. Case of re-issue is the remaining time of the issued Certificate.

Article 8. Revocation of Certificate of eligibility for technical inspection of occupational safety

The Certificate of eligibility for technical inspection of occupational safety shall be revoked in the following cases:

1. The duration of suspended inspection is over without remedy of suspended causes.

2. Performing the inspection during the time of suspension.

3. Forging or perjuring documents in dossier for issue, renewal and re-issue of Certificate.

Article 9. Standards of inspectors

1. Have university level or higher of engineering specialty in line with the inspected objects;

2. Are fit for meeting job requirements;

3. Have at least 02 years working as inspector or perform work of design, production, installation, repair, operation and maintenance of inspected objects;

4. Have completed the training and testing course and successfully passed the requirements for inspection techniques of occupational safety to the inspected objects or have the time of carry out the inspection over the inspected objects more than 10 years by the time of effect of this Decree.

Article 10. Certificate of inspector

1. The Certificate of inspector is issued to the individuals who ensure the standards of inspectors specified in Article 9 of this Decree.

2. The Certificate of inspector is re-issued by the competent authorities in the following cases:

a) Addition or modification of content of Certificate of inspector;

b) Certificate of inspector is expired;

c) Certificate of inspector is lost or damaged;

d) Re-issue after revocation. The Certificate of inspector is only considered for re-issue after at least 06 months from the date of revocation.

3. The body with authority to issue the Certificate of inspector is the professional body of the ministries with authorities to issue the Certificate of eligibility for inspection specified in Appendix Ib issued with this Decree; the issue of Certificate of inspector is done according to the inspected objects under the management of each ministry.

Article 11. Dossier for issue of Certificate of inspector

1. Application for issue of Certificate of inspector;

2. Certified copy or original for comparison of university degree of the requester of issue of Certificate;

3. Documents evidencing the standards specified in Clauses 3 and 4, Article 9 of this Decree;

4. Health Certificate in the past 06 months from the date of request;

5. Copy of ID card or Passport or Citizen card.

6. Two color photos 3x4 cm of the issue requester taken in the past 06 months from the date of request;

Article 12. Dossier for re-issue of Certificate of inspector

1. In case of addition or modification of content of Certificate of inspector, the dossier includes:

a) Application for re-issue of Certificate of inspector;

b) Original of issued Certificate;

c) Documents evidencing the consistency of request for addition or modification;

d) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;

2. Dossier for re-issue of Certificate of inspector upon its expiration includes:

a) Application for re-issue of Certificate of inspector;

b) Original of issued Certificate;

c) Result of testing before re-issue;

d) Health Certificate in the past 06 months from the date of request;

3. Where the Certificate of inspector is lost or damaged, the dossier includes:

a) Application for re-issue of Certificate of inspector;

b) Copy of Certificate of inspector (if any) or sign number of Certificate of inspector issued;

c) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;

4. For the revoked Certificate of inspector is considered for re-issue, the dossier includes:

a) Application for re-issue of Certificate of inspector;

b) Report on compliance with the requirements and recommendation of the competent authorities about remedy of violation;

c) Documents evidencing the completion of course of training and testing and successful pass over the requirements for inspection techniques of occupational safety to the inspected objects after the time the decision on revocation of Certificate is effective for cases specified under Points c and dd, Clause 2, Article 14 of this Decree;

d) Two color photos 3x4 cm of the re-issue requester taken in the past 06 months from the date of request;

5. The forms of dossier components specified in Article 11, Clauses 1, 2, 3 and 4 of this Article are specified in Appendix Ic issued with this Decree.

Article 13. Order for issue, re-issue and duration of Certificate of inspector

1. The individuals who need the issue, re-issue and duration of Certificate of inspector should prepare a dossier and send it to the competent authorities specified in Clause 3, Article 10 of this Decree for issue or re-issue of Certificate of inspector. The dossier for issue of Certificate of inspector can be sent together with the dossier for issue of Certificate of eligibility for technical inspection of occupational safety.

2. Within 05 working days after fully receiving the prescribed dossier, the competent authorities shall issue the Certificate to the inspector; in case of disapproval for issue or re-issue, it must reply in writing and state the reasons.

3. The form of Certificate of inspector is specified in the Appendix Ic issued with this Decree.

4. The Certificate of inspector is valid for 05 years.

Article 14. Management and use of Certificate of inspector

1. The inspectors must present their Certificate of inspector as required by the state competent authorities and with organizations and individuals having the objects for inspection; only conduct the inspection to the inspected objects within the range specified on the Certificate of inspector.

2. The Certificate of inspector shall be revoked in the following cases:

a) Forging or perjuring documents in dossier for issue and re-issue of Certificate of inspector.

b) Arbitrarily erase or modify the content of Certificate;

c) Not having worked for any inspecting organization for 12 months or more;

d) Conducting the inspection beyond the range specified in the Certificate of inspector;

dd) Having conduction the inspection not in line with the inspection procedures.

3. The body with issue authority is the body with authority to issue the decision on revocation of Certificate of inspector.

Article 15. Responsibility of Organization of technical inspection of occupational safety

1. Release the inspection record to the organizations and individuals using the machine, equipment and materials with strict requirement for occupational safety; affixes inspection stamp or indicates the inspection information on the inspected objects and issues the organization and individual using the inspected objects with the Certificate of inspection result (01 copy) within 05 working days from the date of release of record if the inspection result meets the requirements.

2. Where the inspected objects do not meet the requirements and are detected to possibly cause the occupational incidents or accidents, it shall not issue the Certificate of inspection result and notify the establishment for remedial actions.

3. Annually, from the 1^stdate to the 10^thdate of December, it shall make report on the reality of technical inspection of occupational safety to the body with authority to issue the Certificate of eligibility for technical inspection of occupational safety.

4. Ensure the independence and objectiveness in supply of inspection services.

5. Send its inspectors to attend the classes of inspection technique training of occupational safety.

6. Send the Certificate of eligibility for technical inspection of occupational safety and the Certificate of inspector revoked to the body with authority to issue the Certificate of eligibility for technical inspection of occupational safety.

7. Must not provide the inspection services during the time of being suspended or its Certificate of eligibility for technical inspection of occupational safety is revoked; must not employ the inspectors whose Certificate of inspector is revoked for inspection.

8. The form of Certificate of inspection result; form of inspection stamp and form of report on reality of inspection are specified in the Appendix Id issued with this Decree.

Article 16. Responsibility of organizations and individuals using machine, equipment and materials with strict requirements on occupational safety

1. Select the technical inspecting organization of occupational safety to conduct the first inspection before using them or periodical inspection during the course of using themachine, equipment and materials with strict requirements on occupational safety; only put into use themachine, equipment and materials with strict requirements on occupational safety that are inspected and meet the requirements.

2. Notifies the Department of Labor Invalids and Social Affairs in locality within 30 days before or after using themachine, equipment and materials with strict requirements on occupational safety, unless otherwise specified by the specialized law.

3. Keeps the dossier of technical safety of the inspected objects as stipulated in the national regulations on occupational safety and sanitation. In case of re-assignment (or sub-lease) of the inspected objects, the seller (or sub-lessor) must hand over all dossier of technical safety to the buyer (or sub-lessee).

4. Creates conditions for the inspecting organization to conduct the inspection and prepares all technical materials related to the inspected objects to provide for the inspector and appoints the representative to witness the inspection.

5. Carries out the recommendations of the inspecting organization in ensuring the safety during the use of inspected objects; must not continue using the inspected objects which do not meet the requirements or their inspection duration is expired.

6. Manages, uses and removes the inspected objects in accordance with the provisions in the national technical regulations on occupational safety and sanitation and as guided by the manufacturer.

7. The form of notification document of use of machine, equipment and materials with strict requirements on occupational safety is specified in the Appendix Idd issued with this Decree.

Chapter III

TRAINING OF OCCUPATIONAL SAFETY AND SANITATION

Section 1.  SUBJECTS, CONTENTS AND GENERAL REQUIREMENTS IN TRAINING

Article 17. Subjects participating in the training course of occupational safety and sanitation

The subjects specified in Article 14 of the Law on occupational safety and sanitation are defined as the following groups:

1. Group 1: The person who manages and is in charge of the occupational safety and sanitation include:

a) The heads of business and production units and establishments, departments and subordinate branches; the persons in charge of production, business and techniques; foremen of workshops and the equivalent;

b) The deputy of the heads specified under Point a, Clause 1 of this Article are assigned to be in charge of occupational safety and sanitation.

2. Group 2: The person performing the occupational safety and sanitation includes:

a) Persons working full time or part time on occupational safety and sanitation of their establishments;

b) Persons directly monitoring the occupational safety and sanitation at their workplace.

3. Group 3: Employees performing work with strict requirements on occupational safety and sanitation are the persons who perform work included in the List of work with strict requirements on occupational safety and sanitation issued by the Ministry of Labor Invalids and Social Affairs

4. Group 4: Employees who do not belong to the groups specified in Clauses 1, 2, 3 and 5 of this Article, including the apprentices, probationary employees who shall work for the employers.

5. Group 5: Persons who perform health work.

6. Group 6: Safety and sanitation employees specified in Article 74 of the Law on occupational safety and sanitation.

Article 18. Content of training of occupational safety and sanitation

1. Group 1 training

a) System of law and policies on occupational safety and sanitation;

b) Professional activities of occupational safety and sanitation include: Organizing the apparatus, management and compliance with regulations on occupational safety and sanitation at the establishments; defining responsibility and assigning power on occupational safety and sanitation; basic knowledge about harmful and dangerous factors, preventive measures, improvement of working conditions and safety culture in production and business.

2. Group 2 training

a) System of policies and laws on occupational safety and sanitation;

b) Professional activities of occupational safety and sanitation: Organizing the apparatus, management and compliance with regulations on occupational safety and sanitation at the establishments; developing the rules, regulations, procedures and measures to ensure the occupational safety and sanitation; defining responsibility and assigning power on occupational safety and sanitation; safety culture in production and business; basic knowledge about harmful and dangerous factors, preventive measures, improvement of working conditions; developing and urging the implementation of annual plan for occupational safety and sanitation; analyzing and evaluating risks and developing the urgent response plan; developing the management system of occupational safety and sanitation; self-inspection and investigation of occupational accidents; requirements for inspection, training and observation of working environment; management of machine, equipment, materials with strict requirements on occupational safety and sanitation, information, propagation and training of occupational safety and sanitation; first aid and emergency of occupational accident, prevention of occupational disease for employees; emulation and commendation, discipline, statistics and report on occupational safety and sanitation.

c) Specialized training content: General knowledge about machine, equipment, materials and substances generating dangerous and harmful factors; procedures for safe work with machine, equipment, materials and substances with strict requirements on occupational safety and sanitation.

3. Group 3 training

a) System of policies and law on occupational safety and sanitation;

b) Basic knowledge about occupational safety and sanitation: Policies and regulations on occupational safety and sanitation for the employees; basic knowledge about dangerous and harmful factors at workplace and method for improvement of working conditions; functions and duties of the safety network, sanitation employees; safety culture in production and business; rules of occupational safety and sanitation, signs and signposts of occupational safety and sanitation and use of safety equipment, means of personal protection; techniques and skills of first aid of occupational accidents and prevention of occupational diseases;

c) Content of specialized training: General knowledge about machine, equipment, materials and substances generating dangerous and harmful factors and the method for analysis, evaluation and management of risks related to the work with strict requirements on occupational safety and sanitation which the trainees are performing; procedures for safe work, occupational sanitation; safety techniques and occupational sanitation related to the work of employees;

4. Group 4 training

a) Basic knowledge about occupational safety and sanitation: Rights and obligations of the employers, the employees, regulations on occupational safety and sanitation for the employees; basic knowledge about dangerous and harmful factors at workplace and method for improvement of working conditions; functions and duties of the safety network, sanitation employees; safety culture in production and business; rules of occupational safety and sanitation, signs and signposts of occupational safety and sanitation and use of safety equipment, means of personal protection; techniques and skills of first aid of occupational accidents and prevention of occupational diseases;

b) On-the-spot training: Working procedures and specific requirements on occupational safety and sanitation at workplace.

5. Group 5 training:

a) System of policies and law on occupational safety and sanitation;

b) The professional work of occupational safety and sanitation includes: Organizing the apparatus, management and compliance with regulations on occupational safety and sanitation at the establishments; defining responsibility and assigning power on occupational safety and sanitation; basic knowledge about dangerous and harmful factors, measures to prevent and improve the working conditions; safety culture in production and business;

c) Training for issue of Certificate of professional occupational health: Harmful factors at workplace; observing the working environment to evaluate the harmful factors; preparation of dossier of occupational sanitation at workplace; common occupational diseases and prevention measures; ways to organize the examination of occupational diseases, examination for work placement, preparation of dossier for inspection of occupational disease; organization and skills of first aid and emergency; prevention of disease at workplace; food safety; procedure for taking and storing food sample; supply of objects and nutrition to employees; health improvement at workplace; prevention of non-infectious disease at workplace; knowledge, skills and methods of making plan, scheme, equipment and necessary conditions to carry out work of occupational sanitation; method of educational communication on occupational sanitation, prevention of occupational diseases; setup and management of information on occupational sanitation and occupational diseases at workplace; setup and management of health dossier of employees and persons with occupational diseases; coordination with the persons performing work of occupational safety and sanitation or management department of occupational safety and sanitation for implementation of relevant duties in accordance with the provisions in Article 72 of the Law on occupational safety and sanitation.

6. Group 6 training:

The employees participating in the safety network and sanitation employees, in addition to the prescribed contents of training of occupational safety and sanitation, they are also provided with additional skills and methods of safety and sanitation employees.

Article 19. Training time

The first minimum training time is provided for as follows:

1. Group 1 and Group 4: The total training time is at least 16 hours, including the testing time.

2. Group 2: The total training time is at least 48 hours, including the training time of theory, practice and testing time.

3. Group 3: The total training time is at least 24 hours, including the testing time.

4. Group 5: The total training time is at least 56 hours, including the testing time, in which the training time for issue of Certificate of professional occupational health is at least 40 hours; the content of training for issue of Certificate of occupational safety and sanitation is at least 16 hours.

5. Group 6: The total training time is at least 4 hours in addition to the training time of occupational safety and sanitation.

Article 20. Frame program and training programs and materials

1. The Ministry of Labor Invalids and Social Affairs shall coordinate with the relevant ministries and sectors to issue the frame Program of specialized and specific training details according to the training frame program specified in the Appendix IV issued with this Decree.

2. The training organization and the self-trained enterprises shall, based on the training frame program, set up the training programs and materials in accordance with the characteristics, conditions and requirements for training.

Article 21.  Training, retraining and updating of knowledge and skills of occupational safety and sanitation and periodical training

1. The training and updating of knowledge and skills of occupational safety and sanitation in accordance with the provisions in Clause 1, Article 14 of the Law on occupational safety and sanitation.

At least once for every 02 years from the effective date of the training Certificate and safety Card, the trainees must participate in the training course to review the knowledge they have been trained and update new knowledge and skills of occupational safety and sanitation. The training time is equal to at least 50% of the first training time. The healthcare workers must update the knowledge as stipulated under Point c, Clause 3, Article 73 of the Law on occupational safety and sanitation.

2. Periodical training is done in accordance with the provisions in Clause 4, Article 14 of the Law on occupational safety and sanitation;

The employees of the group 4 are provided with periodical training at least once a year to review the trained knowledge and update new knowledge and skills about occupational safety and sanitation. The periodical training time is equal to 50% of the first training time.

3. The training is provided upon change of job, equipment, technology and after the time of job leave.

a) Change of work or equipment or technology: Before work assignment, the employee must be trained about the occupational safety and sanitation in line with the new job or new equipment or technology.

Where subjects have been trained in less than 12 months from the time of performing the new job or upon change of equipment and technology, the content of retraining is exempted from the contents which were trained.

b) Return to work after the time of leaving job.

The establishment stops operating or the employee leaves his work more than 06 months and when returning to work, the employee shall be trained with the contents like the first training. The re-training time is equal to 50% of the first training time.

Section 2. TRAINER OF OCCUPATIONAL SAFETY AND SANITATION

Article 22. Standards of the trainer of occupational safety and sanitation

The trainer of occupational safety and sanitation (hereafter referred to as trainer) must meet the following standards:

1. Training of content of system of law on occupational safety and sanitation

The trainer of content of system of law on occupational safety and sanitation must have university degree or higher educational level and have at least 5 years working as the developer of policies, laws, management and inspection over occupational safety and sanitation at the bodies having functions and duties directly related to the occupational safety and sanitation.

2. Training of professional content of occupational safety and sanitation and content of basic knowledge about occupational safety and sanitation

The trainer of professional content of occupational safety and sanitation and content of basic knowledge about occupational safety and sanitation must have university degree or higher educational level of engineering specialty and must meet one of the following standards:

a) Have at least 5 years working as the developer of policies, laws, management and inspection over occupational safety and sanitation at the bodies having functions and duties directly related to the occupational safety and sanitation.

b) Have at least 07 years performing work of occupational safety and sanitation at the non-business units and enterprises and must participate in the course of profession and techniques of training.

3. Specialized theory training

The trainer of specialized theory must have university degree or higher educational level in line with the training specialty and meet one of the following standards:

a) Have at least 5 years working as the developer of policies, laws, management and inspection over occupational safety and sanitation at the bodies having functions and duties directly related to the occupational safety and sanitation.

b) Have at least 5 years performing work with strict requirements on occupational safety and sanitation and must participate in the course of profession and techniques of training.

4. Practice training:

a) Group 2 practice training: The trainer must have college degree or higher educational level in line with the training specialty and have proficiency with machine, equipment, chemical and work with practice application based on the training frame program;

b) Group 3 practice training: The trainer must have intermediate level or higher educational level in line with the training specialty; have at least 05 years performing work with strict requirements on occupational safety and sanitation or work related to the occupational safety and sanitation at the establishments in line with the training work.

c) Group 4 practice training: The trainer must have technical intermediate level or higher educational level in line with the training specialty or have the time of actual working time of at least 05 years

d) Practice training of occupational first aid and emergency: The trainer must have college degree of medicine specialty or higher educational level and have at least 03 years of experience directly participating in first aid and emergency or have doctor level;

dd) The practice trainer must ensure the standards specified under Points a, b and c of this Clause and must participate in the course of training techniques of occupational safety and sanitation or have at least 5 years working as the developer of policies, laws, management and inspection over occupational safety and sanitation at the bodies having functions and duties directly related to the occupational safety and sanitation.

5. Training of specialized content of occupation health

The trainer must have doctor degree or higher educational level and meet one of the following standards:

a) Have at least 05 years working as the developer of policies, laws, management and inspection over occupational safety and sanitation at the bodies having functions and duties directly related to the occupational safety and sanitation.

b) Have at least 05 years working in the field related to the occupational disease, occupational sanitation, first aid and emergency, nutrition, disease prevention and food safety and sanitation.

6. On the basis of 02 years, the trainer must participate at least one time in the training course to update knowledge, information, policies, laws, science and technologies on occupational safety and sanitation except for trainers of occupational sanitation, occupational health, first aid and emergency of occupational accident and diseases.

Article 23. Determining the working time or the time to have performed the work of occupational safety and sanitation

1. The other bodies, non-business units, enterprises and organizations shall certify the time the employees have worked or the time the employees have performed the work of occupational safety and sanitation at their units.

2. The Ministry of Labor Invalids and Social Affairs shall detail Clause 1 of this Article.

Section 3. TRAINING CERTIFICATE, SAFETY CARD AND CERTIFICATE OF PROFESSIONAL OCCUPATIONAL HEALTH

Article 24. Managing the issue of training Certificate, safety Card and Certificate of professional occupational health

1. Issue of training Certificate

a) Training organization and the enterprises eligible for organizing the self-training shall issue the training Certificate to the trainees of the groups 1, 2, 5 and 6 after they pass the examination and testing.

b) The training Certificate is under the Form No.08 of Appendix II issued with this Decree.

2. Issue of safety Card

a) The employer shall issue the safety Card to the trainees of group 3 when they pass the examination. The training organization shall issue the safety Card to the employees who do not work under labor contract.

b) The safety Card is under the Form No.06 of Appendix II issued with this Decree.

3. Issue of Certificate of professional occupational health

a) Training organization, self-trained enterprises, healthcare facilities including the  professional educational institutions of medical training, other educational facilities with industry code of health science industry, research institute of preventive medicine system at central level with training function, health personnel training center issuing Certificate of professional occupational health to the persons who are provided with training of professional occupational health after satisfactory examination;

b) The Certificate of professional occupational health is under the Form No.07, Appendix II issued with this Decree.

4. Monitoring book for trained persons of group 4

a) The employers record the trainee’s training result of group 4 in the book at their business and production establishments.

b) The training monitoring book is the Form 11 specified in Appendix II issued with this Decree.

5. The training organization and enterprises eligible for self training and the business and production establishments shall prepare the book to monitor the training Certificate, safety Certificate, Certificate of professional occupational health; the monitoring book for persons of group 4 is the Forms 09, 10, 11 of Appendix II issued with this Decree.

Article 25. Validity for issue and re-issue of training Certificate, safety Certificate, Certificate of professional occupational health

1. The training Certificate and safety Certificate have validity of 02 years and the Certificate of professional occupational health has validity of 05 years.

2. Within 30 days before the expiration of training Certificate, safety Certificate and Certificate of professional occupational health, the employers shall make a list of persons to be issued with the training result or papers evidencing the updating of knowledge and skills of occupational safety and sanitation as stipulated in Clause 1, Article 22 of this Decree and send this list to the training organization, healthcare facilities or self-trained enterprises as stipulated in Article 26 and 29 of this Decree. If the training result is satisfactory, the trainees shall be issued with the new safety Certificate and Certificate of professional occupational health in accordance with the provisions in this Decree.

Section 4. TRAINING ORGANIZATION AND SELF-TRAINED ENTERPRISES FOR OCCUPATIONAL SAFETY AND SANITATION

Article 26. Classification of training organization and conditions for issue of Certificate of eligibility for operation

1. The training organizations are classified according to the characteristics and complexity of the trained subjects as follows:

a) Class A shall train group 1, 4 and 6;

b) Class B shall train group 1, 3, 4 and 6;

c) Class C shall train group 1, 2, 3, 4 and 6;

2. The organization issued with Certificate of eligibility for operation Class A must ensure the following conditions:

a) Have the lease or association contract to have legal head office according to regulations of law;

b) Have the lease or association contract to have at least:

- 02 rooms for theory, each room is at least 30m²or more;

- 01 practice room equipped with basic devices for training of first aid and emergency of occupational accidents.

c) Have at least 05 regular trainers to provide training of legal and operational contents, one of whom is in charge of training the first aid and emergency of occupational accidents.

d) Have the training programs and materials in line with the trained subject and training frame programs specified in this Decree.

dd) The persons in charge of the training must have university degree level or higher;

3. The organization which is issued with Certificate of eligibility for operation of Class B must ensure the following conditions:

a) Ensures the conditions specified in Clause 2 of this Article;

b) Have the lease or association contract to have machine, equipment, chemical, room, workshop and area for practice to ensure the requirements on occupational safety and sanitation in line with the specialty registered for training, particularly the room and workshop for practice has an area of at least 40 m²and the area for practice training has an area of at least 300 m²;

c) Has at least 05 regular trainers who provide the specialized contents and practice particularly 03 trainers providing the specialized training in line with the specialty registered for training and 01 trainer of first aid and emergency of occupational accident.

4. The organization which is issued with Certificate of eligibility for operation of Class C must ensure the following conditions:

a) Conditions specified in Clause 3 of this Article;

b) Has machine and equipment for training of basic specialized practice, including: Lifting equipment, pressure bearing equipment, practice equipment working in restricted space, working at height, mechanical processing equipment, metal cutting and welding equipment, electrical and chemical safety practice equipment. The machine, equipment, materials and place of practice training must ensure the requirements on occupational safety and sanitation as stipulated by law; the practice training must have an area of at least 500m².

5. The training organization and the self-trained enterprises are permitted to provide the training to group 5 when meeting the operational conditions of Class A or Class B or Class C in accordance with the provisions in Clauses 2, 3 and 4 of this Article and ensure the following additional conditions:

a) There are at least 05 trainers having doctor degree or higher educational level and at least 05 years of experience in the areas related to the occupational safety and sanitation, first aid, emergency, nutrition, epidemic prevention and food safety and hygiene.

b) Has sufficient equipment and facilities for practice and theoretical training under the curriculum; has practice equipment areas related to the occupational safety and sanitation, first aid and emergency;

c) Has the training materials on occupational health, first aid and emergency as stipulated by the Ministry of Health.

6. The healthcare facilities specified under Point a, Clause 3, Article 24 of this Decree must ensure the conditions specified under Points a, b and c, Clause 5 of this Article to provide the training of occupational health; the healthcare facilities from district level or higher are permitted to provide the training of first aid and emergency for their employees.

7. The lease or association contract specified in this Article is still valid for at least 05 years after submitting application for issue of Certificate of eligibility for operation and registration for tax payment with the tax bodies.

8. The facilities and personnel specified in Clauses 2, 3, 4 and 5 of this Article are only used as a condition for issue of Certificate of eligibility for training of occupational safety and sanitation to an organization.

Article 27. Authority to issue, re-issue, renew and revoke the Certificate of eligibility for operation of the training Organization

1. The Ministry of Labor Invalids and Social Affairs and Department of Labor Invalids and Social Affairs have the authority to issue, re-issue, renew and revoke the Certificate of eligibility for operation of the training Organization.

2. The Ministry of Labor Invalids and Social Affairs has the authority to issue, re-issue, renew and revoke the Certificate of eligibility for operation for the following training organizations:

a) The training organizations which are established by the ministries, sectors, central bodies, state groups and corporations of the ministries, sectors and central bodies;

b) The training organizations of Class B and C;

c) The training organizations of group 5 specified in Clause 5, Article 26 of this Decree.

3. The Department of Labor Invalids and Social Affairs of provinces and centrally-run cities has authority to issue, re-issue, renew and revoke the Certificate of eligibility for operation of the training organizations of Class A established by the competent bodies of provinces and centrally-run cities; the enterprises and non-business units under management of local government.

Article 28. Dossier and procedures for issue, re-issue and renewal of Certificate of eligibility for operation of the training organization and recognizing the healthcare facilities eligible for training and issue of certificate of occupational health

1. The dossier for issue of Certificate of eligibility for operation consists of:

a) An application for issue of Certificate of eligibility for operation is under the Form 01 of Appendix II issued with this Decree;

b) An explanation about the training scale, conditions and implementation solutions is under the Form 02 of Appendix II issued with this Decree;

c) A copy of establishment Decision or investment Certificate or investment Certificate cum the enterprise Certificate for the enterprises established before -July 01, 2017;

d) A copy of decision on appointment or duty assignment to the head or the person in charge of the training activities.

dd) A list of facilities, managers or trainers with the following documents:

- A certified copy of documents and papers evidencing the eligibility for training of the trainer;

- A certified copy of documents and papers of facilities including the decision on handover of facilities from the competent authorities, legal contract, purchase invoice, papers of donation, offer, transfer or borrowing; lease contract, association contract for training where the training organization leases or is associated with other establishments to ensure the conditions for training machine and equipment as stipulated in Article 26 of this Decree;

- Detailed programs and training materials of occupational safety and sanitation.

2. Dossier for re-issue of Certificate of eligibility for operation includes:

a) In case of damage or loss of Certificate:

- Document explaining reasons for re-issue;

- Copy of issued Certificate (if any);

b) In case of modification or addition of operational scope:

- Written request for modification or addition of operational scope:

- Issued Certificate;

- Documents and papers evidencing the trainer’s capacity, training program and facilities corresponding to the content of operational scope requested for addition.

3. Dossier for renewal of Certificate of eligibility for operation includes:

- Written request for renewal of Certificate of eligibility for operation;

- Documents and materials specified under Points c, d and dd, Clause 1 of this Article.

4. Order to issue, re-issue and renew the Certificate of eligibility for operation

a) The organizations need the issue, re-issue and renewal of Certificate of eligibility for operation should prepare 1 set of dossier and send it to the competent authorities as stipulated in Article 27 of this Decree for verification and issue of Certificate of eligibility for operation and pay the fees of verification as stipulated by the Ministry of Finance.

For dossier to request the renewal, the training Organization should send it to the competent authorities within 30 days before the end of the time limit specified in the Certificate.

b) Within 30 days after receiving all valid documents, the competent authorities shall verify and issue the Certificate of eligibility for operation or reply in writing to the requesting organization and state the reason in case of disapproval for issue.

5. Order to announce the healthcare facilities are eligible for training and issue of Certificate of occupational health.

a) Before training and issue of Certificate of occupational health, the head of health facilities shall send the Ministry of Health (for organizations managed by the ministries and sectors) or the Department of Health (for organizations managed by the provinces and centrally-run cities) where their head office is located the dossier to request the announcement of eligibility for training and issue of Certificate of occupational health.

The dossier includes the documents similar to those stipulated in Clause 1 of this Article.

b) Within 30 days after fully receiving dossier, the Ministry of Health or Department of Health shall announce the eligibility for training and issue of Certificate of occupational health on its website or reply in writing and state the reasons where the conditions are not satisfactory.

Article 29. Enterprises organizing the training of occupational safety and sanitation by themselves

1. The employers must organize the training and take responsibility for the training quality for their employees of group 4 according to one of the following forms:

a) Organize the training themselves if ensuring the conditions about the trainer as stipulated by this Decree.

b) Hire the training organization.

2. Order to review and assess the operational conditions of enterprises which organize by themselves the training of occupational safety and sanitation as follows:

a) The enterprises wishing to organize by themselves the training of occupational safety and sanitation should prepare a dossier to evidence their eligibility for operation as like the training Organization, except for the conditions specified under Point a, Clause 2, Article 36 of this Decree and send it to the competent authorities specified in Article 27 of this Decree.

b) Within 30 days after receiving all valid dossiers, the competent authorities shall review and inform the enterprises of unsatisfactory conditions according to regulations.

If the time limit of 30 days is over but the competent authorities do not have any announcement of enterprise’s ineligibility for training activities, the enterprise is permitted to carry out the training within the requested scope.

c) After 5 years from the date of assessment of eligibility for self-training, the enterprise shall send dossier to the competent authorities for review and assessment again of operational conditions if it needs further self-training

Article 30. Form, validity for issue, re-issue and renewal of Certificate of eligibility for operation

1. Certificate of eligibility for operation

a) The Certificate of eligibility for operation is issued by the Ministry of Labor Invalids and Social Affairs under the Form 03 in the Appendix II issued with this Decree;

b) The Certificate of eligibility for operation is issued by the Department of Labor Invalids and Social Affairs under the Form 04 in the Appendix II issued with this Decree;

2. The validity of Certificate of eligibility for operation is 05 years for issue or renewal; in case of re-issue, the validity is the remaining time of the issued Certificate of eligibility for operation.

Article 31. Revocation of Certificate of eligibility for operation

The Certificate of eligibility for operation shall be revoked in the following cases:

1. When the time limit for suspending the training activities or the time limit for depriving the right use of Certificate of eligibility for operation under the sanctioning decision of the competent authorities is over but there is no remedy resulted in sanction.

2. Conducting the training activities during the time of suspended operation or deprivation of right use of Certificate of eligibility for operation.

Section 5. PROVIDING THE TRAINING FOR EMPLOYEES NOT WORKING UNDER LABOR CONTRACT

Article 32. Supporting the training to the employees performing work with strict requirements on occupational safety and sanitation

1. The subjects who are given priority to receive the training cost of occupational safety and sanitation are the employees of poor households, nearly-poor households, households newly escaping poverty, households of ethnic minorities, contributors to the revolution and their relatives not working under labor contract if they perform work with strict requirements on occupational safety and sanitation.

2. Principles of support

a) Support for one-time training costs to work with strict requirements on occupational safety and sanitation.

b) Fully participating in the training program and testing with satisfactory result and issued with safety Card.

c) Providing support for the employees directly or through the training Organization of occupational safety and sanitation.

3. The rate of support is based on the actual cost of the training course of occupational safety and sanitation but must not exceed 50% of the base salary/person/training course as stipulated by the Government at the time of training.

4. The support funding is allocated in the regular expenditure estimate of the Labor Invalids and Social Affairs bodies according to the current decentralized state budget.

5. The Labor Invalids and Social Affairs bodies and the other levels shall prepare the yearly estimate of training support funding and send it to the financial body at the same level for submission to the competent authorities to allocate the training support funding to the subjects specified in Clause 1 of this Article within the state budget estimate. The estimate preparation, allocation, estimate assignment and finalization of training support funding shall comply with the regulations of law on state budget.

6. The Labor Invalids and Social Affairs bodies shall organize the training of occupational safety and sanitation to the employees based on the approved funding.

Chapter IV

OBSERVATION OF WORKING ENVIRONMENT

Section 1. WORKING ENVIRONMENT OBSERVATION ORGANIZATION

Article 33. Conditions of working environment observation organization

The working environment observation organization must ensure the following conditions:

1. Is the non-business unit or enterprise providing the services of working environment observation.

2. Has personnel to carry out the working environment observation as follows:

a) The person directly in charge of working environment observation must have educational background as follows:

- University degree or higher educational level in the field of health, environment and biochemistry;

- Has at least 02 years of experiences in the field of working environment observation or 05 years of experience in the field of preventive medicine;

- Has certificate of working environment observation training.

b) Has at least 05 persons working under contract with term from 12 months or more or contract without term with educational level as follows:

- Have professional level from intermediate level or higher in the field of health, environment, biochemistry among of them at least 60% having university degree or higher educational level;

- Have certificate of working environment observation training.

3. Has facilities, equipment, instruments, chemicals and capacity to ensure the following minimum requirements:

a) Observing the harmful factors in the occupational environment

- Measuring, testing and analyzing at the site and in the laboratory the microclimate factors, including temperature, humidity, wind speed and thermal radiation;

- Measuring, testing and analyzing at the site and in the laboratory the physical factors, including: light, noise, vibration frequency, radiation, electromagnetic field, ultraviolet radiation;

- Assessing the factors of occupational exposure, including the factors of microorganism, allergy, sensitivity and solvent;

- Assessing the occupational burden and some ergonomic psychophysiological indicators: assessing the physical occupational burden, psychological stress; ergonomic occupational position.

- Taking sample, preserving, measuring and testing at the site and analyzing in laboratory of 70% of the following factors:

+ Dust particles; analysis of the silicon content in the dust, metal dust, coal dust, talc dust, cotton dust and asbestos dust;

+ The minimum chemical elements SOx, NOx, CO, CO2, organic solvents (benzene and homologues - toluene, xylene), mercury, arsenic, TNT, nicotine and pesticide.

b) Having plan and procedures for preservation, safe use, maintenance, inspection and calibration of equipment according to the regulations of the competent authorities or the manufacturer;

c) Having the procedures for use and operation of sample taking and preserving devices, measurement, testing and analysis of occupational conditions.

d) Having head office with enough area to ensure the quality of working environment observation; the conditions of laboratory must meet the quality requirements in sample preservation, processing and analysis.

dd) Having sufficient personal protective equipment upon carrying out the working environment observation;

e) Taking measures to ensure the industrial hygiene, fire prevention and safety, biological and chemical safety and strict compliance with the collection, transport, storage and treatment of waste in accordance with regulations of law.

Article 34. Dossier and procedures for announcement of eligibility for working environment observation

1. The dossier for announcement of eligibility for working environment observation is made into 01 set including the following documents:

a) The written request for announcement of eligibility for working environment observation of organization is done Form No.1, Appendix III issued with this Decree.

b) Dossier for announcement of eligibility for working environment observation is done according to the instructions specified in Form No.2, Appendix III issued with this Decree.

2. The procedures for announcement of eligibility for working environment observation:

a) Before carrying out the working environment observation, the head of working environment observation organization shall send the dossier for announcement of eligibility for working environment observation specified in Clause 1 of this Article to the Ministry of Health (for organizations under the management of the Ministries and sectors) or the Department of Health (for organizations under the management of the provinces and centrally-run cities) where the head office of the organization is located.

b) Within 30 days, after receiving dossier, the Ministry of Health or Department of Health shall announce the eligibility for working environment observation on their website or shall reply in writing and state the reasons in case no condition guaranteed.

c) The online dossier for announcement of eligibility for working environment observation is provided for as follows:

- The documents and content of papers must be like the documents in paper and converted into electronic text. The name of electronic document must be corresponding to the name of papers in the documents in papers.

- The information of document for announcement; the dossier for announcement must be full and correct according to the information of electronic text;

- The organization which requests the online announcement of eligibility for working environment observation must keep the dossier in paper.

3. During the course of operation, the working environment observation organization must ensure the announced conditions specified in Article 33 of this Decree.

4. The organization is only permitted to carry out the working environment observation after it is announced to be eligible for carrying out the working environment observation specified under Point b, Clause 2 of this Article.

Section 2. PROVISIONS ON WORKING ENVIRONMENT OBSERVATION

Article 35. Principles to carry out the working environment observation

1. Carrying out the observation of all harmful factors listed in the occupational sanitation dossier prepared by the labor establishment.

For heavy and dangerous and particularly heavy and dangerous jobs, upon working environment observation, it is required to assess the occupational burden and some ergonomic psychophysiological indicators specified in Clause 3, Article 33 of this Decree.

2. The working environment observation is done in line with the plan made between the labor establishment and the organization eligible for carrying out the working environment observation.

3. The working environment observation must ensure:

a) Implementation during the time the labor establishment is conducting its business and production;

b) Sampling by the method of personal sampling and the site of sampling is located at the area potentially affecting the employees;

c) For working environment observation by the method of quick detection when the result is not sure, the working environment observation shall take sample and analyze it by the appropriate method in the standard laboratory.

4. The harmful factors need to be observed and assessed and updated in the occupational sanitation dossier in the following cases:

a) There is a change of technological procedure, production procedure or upon renovation or upgrading of labor establishment but with potential risks of new harmful factors for the employee’s health.

b) The working environment observation organization makes additional recommendations when carrying out the working environment observation;

c) As required by the competent state management bodies.

5. The working environment observation organization shall receive the payment of cost of working environment observation; assess the occupational exposure, make report and the management fees shall be paid by the employer as stipulated by law.

6. The working environment observation organization shall report to the Ministry of Health or Department of Health on the harmful factors newly detected or generated at the labor establishment without regulation on permitted limit.

Article 36. Grounds for developing the working environment observation plan

1. The occupational sanitation dossier of the labor establishment, business and production procedures and a number of employee working at the Department with harmful factors to determine the amount of harmful factors to be observed, a number of samples to be taken and site of sampling for each harmful factor.

2. A number of employees performing heavy and dangerous and particularly heavy and dangerous job at the labor establishment.

3. Micro-organic, heterotopic, allergic and cancer factors and other harmful factors that potentially affect the employees’ health but have not yet determined in the occupational sanitation dossier.

Article 37. Procedures for carrying out the working environment observation

1. Before carrying out the working environment observation, the working environment observation organization must ensure all machine and equipment used for working environment observation are calibrated in accordance with regulations of law.

2. Following the procedures for working environment observation properly and fully as committed.

3. Truthfully informing the result of working environment observation to the employer.

4. Where the result of working environment observation is not sure, the labor establishment shall:

a) Take measures to improve the working conditions and minimize the harmful factors and prevention of occupational diseases;

b) Organizes health checkup to early detect occupational diseases and occupation-related diseases for employees in the position of the unsafe working environment.

c) Provides gratuity in kind for employees in accordance with regulations of law on labor.

Article 38.Management and keeping of result of working environment observation

1. The result of working environment observation is made under the Form No. 04, Appendix III issued with this Decree and is made into 02 copies: 01 copy is sent to the labor establishment signing contract for working environment observation and 01 copy is kept at the working environment observation organization.

2. The time to keep the result of working environment observation shall comply with the regulations of law.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 39. Responsibility of the Ministry of Labor Invalids and Social Affairs

1. Provides information, propagates and guides the implementation of this Decree on mass media in the central; organizes training and guides the relevant ministries, sectors, localities, organizations in implementation and inspection of implementation of this Decree.

2. Specifies the form, content, program and organizes training, retraining and testing of professional skills of training of the trainer on occupational safety and sanitation; the training, updating of information, policies, law, science and techniques on occupational safety and sanitation for the trainer and the head of training organization; measures to manage and implement the training of occupational safety and sanitation.

3. Develops the database of technical inspection of occupational safety and training of occupational safety and sanitation.

4. Performs the state management over the machine, equipment, materials and substances with strict requirements on occupational safety and sanitation under its authority specified in Appendix Ib issued with this Decree.

5. Specifies the form, content, program and organizes training, retraining and testing of professional skills of inspection over machine, equipment, materials and substances with strict requirements on occupational safety and sanitation for the subjects under its management authority; measures to manage and implement the technical inspection of occupational safety and sanitation.

6. Issues, renews and re-issues the Certificate of eligibility for technical inspection of occupational safety and the Certificate of eligibility for training of occupational safety and sanitation and issues and re-issues the certificate of inspector under its management authority.

Announces the Organizations eligible for performing the inspection of occupational safety and sanitation and the Organizations eligible for training of occupational safety and sanitation; the Organizations performing the inspection of occupational safety and sanitation and the Organizations performing the training of occupational safety and sanitation whose activities are suspended or whose Certificate of eligibility for operation is revoked.

7. Guides and implements the training support policies for the employees in the areas without labor contract when they perform work with strict requirements on occupational safety and sanitation.

8. Coordinate to organize the annual and irregular inspection over the organizations performing the technical inspection of occupational safety and sanitation, training of occupational safety and sanitation and technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation at the business and production establishments.

9. Coordinates with the competent authorities to settle complaints and denunciation related to the technical inspection of occupational safety and sanitation, training of occupational safety and sanitation and working environment observation according to regulations of law.

10. On the annual basis, guides the localities to make plan and estimate of support funding for training the employees as stipulated in Article 32 of this Decree and summarize the need of funding and send it to the Ministry of Finance for submission to the competent authorities for decision as stipulated by law on state budget; makes estimated allocation of support funding for training and sends it to the competent authorities for decision and instructions on implementation.

Article 40. Responsibility of Ministry of Health

1. Is in charge of management and inspection of issue of Certificate of specialized occupational health, training of first aid and emergency at workplace; announces the healthcare units eligible for being issued with certificate of occupational health, the healthcare units performing the training of first aid and emergency at workplace under the management authority.

Directs the Department of Health to carry out the management, inspection and announce the healthcare units eligible for being issued with certificate of occupational health, the healthcare units performing the training of first aid and emergency at workplace in the management areas.

2. Coordinates with the Ministry of Labor Invalids and Social Affairs to develop the detailed frame program of training of occupational health, first aid and emergency at workplace, occupational sanitation and occupational diseases.

3. Stipulates, implements and manages the working environment observation at the labor establishments.

4. Develops the database on working environment observation; announces the working environment observation Organizations eligible for operation, the working environment observation Organizations whose operation is suspended or handled for administrative violation on the website of the Ministry of Health.

5. Directs the working environment observation in industrial parks and industrial clusters with high risk of occupational diseases.

6. Coordinates with the Ministry of Labor Invalids and Social Affairs and localities to carry out the inspection of working environment observation, training of occupational sanitation, first aid and emergency at workplace, inspection of machine, equipment and materials with strict requirements on occupational safety under its assigned authority.

7. Coordinates with the Ministry of Labor Invalids and Social Affairs and localities to provide information, propagate and stipulate in detail this Decree.

8. On the annual basis, summarizes the result of working environment observation and sends it to the Ministry of Labor Invalids and Social Affairs for summary and report to the Government.

Article 41. Responsibility of the Ministry of Finance

1. Coordinates with the Ministry of Labor Invalids and Social Affairs to summarize the need of support funding for training from the central budget based on the budget balancing capacity and submit it to the competent authorities to decide on the support finding in accordance with regulations of law on state budget.

2. Coordinates with the Ministry of Labor Invalids and Social Affairs and the line ministries to provide for the rate and regulation on collection, transfer, management and use of fees for inspection of conditions for business of technical inspection services of occupational safety and the fees for inspection of conditions for training services of occupational safety and sanitation.

Article 42. Responsibility of the line ministries

1. Specify the form, content, program and organization of training, retraining and testing of inspection skills of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation for the subjects under their management; measures to manage and carry out the technical inspection occupational safety and sanitation occupational safety and sanitation under their authority.

2. Coordinate with the Ministry of Labor Invalids and Social Affairs to develop the detailed frame program of specialized training.

3. Coordinate with the Ministry of Labor Invalids and Social Affairs and the Ministry of Health to carry out the inspection of technical inspection of occupational safety, training of occupational safety and sanitation, first aid and emergency at workplace and working environment observation.

4. Issue, renew, re-issue and revoke the Certificate of eligibility for technical inspection of occupational safety and issue and re-issue the certificate of inspector under their management authority.

5. Within 15 days after the issue, renewal, re-issue and revocation of Certificate of eligibility for technical inspection of occupational safety, the Ministries should inform in writing the Ministry of Labor Invalids and Social Affairs of the organizations subject to issue, re-issue, renewal or revocation.

6. Perform the state management over the machine, equipment, materials and substances with strict requirements on occupational safety and sanitation under their authority specified in Appendix Ib issued with this Decree.

7. Before December 25 of each year or on the irregular basis, send report to the Ministry of Labor Invalids and Social Affairs on the reality of inspection of machine, equipment, materials and substances with strict requirements on occupational safety under their management authority.

Article 43. Responsibility of People’s Committee of provinces and centrally-run cities

1. Perform the management and organize the technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation in the management areas.

2. Direct the Departments of Labor Invalids and Social Affairs and the Departments of Health and the relevant sectors to coordinate with the social-political in localities to carry out the inspection and provide instructions on implementation of technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation.

3. Summarize the need of training support for the employees who are not working under labor contract when they perform the work with strict requirements on occupational safety and sanitation at localities and submit it to the People’s Council for decision.

Article 44. Responsibility of the technical inspecting organization of occupational safety, training Organization of occupational safety and sanitation and the working environment observation Organization

1. Ensure the conditions during their operation as stipulated in this Decree.

2. Before December 15 of each year, thetechnical inspecting organization of occupational safety shall report in writing the operational result to the Ministry of Labor Invalids and Social Affairs and the Department of Labor Invalids and Social Affairs where its head office is located and its main operation and the bodies with authority to issue the Certificate of eligibility for inspection under the form specified in the Appendix Ic issued with this Decree while sending email to the Ministry of Labor Invalids and Social Affairs to the address: [email protected].

3. Before December 15 of each year, the training Organization of occupational safety and sanitation and the enterprise performing the self-training of occupational safety and sanitation shall report in writing the result of operation to the Ministry of Labor Invalids and Social Affairs and the Department of Labor Invalids and Social Affairs where its head office is located under the Form 05 of the Appendix II issued with this Decree while sending email to the Ministry of Labor Invalids and Social Affairs to the address: [email protected].

4. Before December 15 of each year, the working environment observation Organization shall report in writing the result of operation to the Ministry of Labor Invalids and Social Affairs or the Department of Labor Invalids and Social Affairs where the eligibility for working environment observation is announced while sending email to the Ministry of Labor - Invalids and Social Affairs to the address: [email protected].

Report to the Ministry of Health or the Department of Heath on the harmful factors newly detected or generated at the labor establishment upon carrying out the working environment observation while requesting the addition of occupational sanitation dossier of the labor establishment.

5. When changing the address of the head office, the technical inspecting organization of occupational safety, training Organization of occupational safety and sanitation and the working environment observation Organization shall inform in writing the body with authority to issue the Certificate of eligibility for operation at least 07 days in advance before change of address of head office or branch.

6. When wishing to change the subject of technical inspection of occupational safety, training of occupational safety and sanitation or working environment observation, such Organizations must request the modification or addition. When terminating operation, such Organizations must send notice to the bodies with authority to issue the Certificate or announcement of eligibility for operation for information.

7. Keep all legal dossier and documents related to the technical inspection of occupational safety, training of occupational safety and sanitation or working environment observation.

8. On the basis of 02 years, the head of training Organization of occupational safety and sanitation must attend the training course to update knowledge about the policies, laws, science and technologies organized by the Ministry of Labor Invalids and Social Affairs.

9. On the basis of 02 years, the head of working environment observation Organization must attend the training course to update the knowledge about the relevant policies, laws, science and technologies organized by the Ministry of Health.

Article 45. Responsibility of the business and production establishments

1. Review and group the subjects in need of training, list of machine, equipment and materials with strict requirements on occupational safety and sanitation and the list of workplace with risks of loss of occupational safety and sanitation; make plan and carry out the technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation according to regulations of law; update the occupational sanitation dossier on the contents related to harmful factors in need of working environment observation upon change of technological procedures, production procedures upon renovation or upgrading of labor establishment with risk of generating new harmful factors for the employees’ health.

2. Develop the detailed training programs and materials based on the training frame program of group 4 and carry out the training for the employees. If the establishment does not organize the training by itself but hires a training organization, such training organization shall develop the training programs and materials and there must be the training contents in line with the specific requirements of the business and production establishment.

3. Before December 31 of each year, send report on technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation to the local state management bodies where the head office of the business and production is located and where the employees are working as follows:

a) Report to the Department of Labor Invalids and Social Affairs on technical inspection of occupational safety, training of occupational safety and sanitation in the report on the reality of implementation of occupational safety and sanitation at the establishment.

b) Report to the Department of Health on working environment observation at the establishment.

4. Pay all salary and ensure other benefits for the subjects under their management during the time they participate in the training as stipulated by law.

5. Pay all fees of technical inspection of occupational safety, training of occupational safety and sanitation and working environment observation; assess the conditions for self-training of occupational safety and sanitation and can record the payment in the costs of production and business.

6. Where the employees are employed in the form of work package, through contractor, labor outsourcing, the employer (in case of labor outsourcing, he is the employer of the labor outsourcing receiving party) must provide the training of occupational safety and sanitation to the employees as stipulated in this Decree.

7. Keep dossiers and materials, including: Dossier and result of inspection of machine, equipment with strict requirements on occupational safety and sanitation; the detailed training programs and training materials, list of trainees, result of inspection, testing, copy of papers evidencing the eligibility of the trainer; dossier and result of working environment observation.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 46. Transitional provision

1. The technical inspecting organization of occupational safety, training Organization of occupational safety and sanitation that have been issued with Certificate of eligibility for operation before the effective date of this Decree shall continue operating until the end of recognized term of operation and must ensure to comply with the conditions in this Decree when carrying out the inspection and training.

2. The Certificate of inspector, Certificate of training lecturer and Certificate of training which are issued before the effective date of this Decree shall be valid until expiration.

3. The training of occupational safety and sanitation under the state program or project or the international organization in Vietnam must ensure the conditions for training organization in accordance with the provisions in this Decree. The participants of training are issued with Certificate of training, safety card or their training result is recognized in accordance with the provisions in this Decree.

4. The organizations and units which have performed the measurement or inspection of working environment before the effective date of this Decree are permitted to operate but must finish the announcement of eligibility for working environment observation before July 01, 2017.

Article 47. Effect

1. This Decree takes effect on July 01, 2016.

2. The contents stipulating the technical inspection of occupational safety in Articles 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Section 3; the training of occupational safety and sanitation specified under Point d, Clause 1, Article 25 of the Decree No. 45/2013/ND-CP dated May 10, 2013 of the Government detailing and guiding the implementation some articles of the Labor Code on working time and break time and occupational safety and sanitation shall be invalidated from the effective date of this Decree.

3. The technical inspection of occupational safety and sanitation, training of occupational safety and sanitation and working environment observation in the field of security and national defense can apply the provisions in this Decree, unless otherwise specified by the legal normative documents in this field.

4. The Ministers, Heads of ministerial bodies, Heads of governmental bodies, Chairmen of People’s Committee of provinces and centrally-run cities are liable to execute this Decree based on their assigned functions and duties./.

For the Government

The Prime Minister

Nguyen Xuan Phuc

APPENDIX I

FORM OF TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY
(Issued with Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government)

Appendix la

FORM OF APPLICATION FOR ISSUE OF CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

……….., Date …… month …… year 20…..

APPLICATION FOR ISSUE OF CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

To: …………………………………….

1. Name of organization: ……………………………………………………………………….

2. Contact address: ……………………………………………………………………………..

Tel: ………………… Fax: ………………………. E-mail: …………………………………...

3. Establishment decision/Certificate of enterprise registration No..……………
Issued by: …………………… Issued on ………… at: ……………………….

4. Legal representative:

Full name: …………………………………………..Sex: ………………………………………

Position: …………………………………………..………………………………………………

Nationality ………………………………………..Date of birth: ………………………………

ID card/Passport/Citizen card ………………… Issued on .................. at…………..

Permanent residence: …………………………………………..………………………….

Tel: …………………………………..E-mail:……………………………

5. After studying the provisions in Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government, we think we can meet all conditions for technical inspection of occupational safety for the inspected subjects within the following range:

We kindly request you to consider and issue the certificate of eligibility for technical inspection of occupational safety to...(Name of organization)based on the above range.

6. Attached documents are:

……………………………………………………………………

7. ………………….(Name of organization, enterprise)undertakes

- To take responsibility before law for the accuracy and legality of the content in this application and the attached documents.

- Comply with the regulations on technical inspection of occupational safety and other regulations of the relevant law./.

FORM OF LIST OF EQUIPMENT AND EQUIPMENT FOR INSPECTION

(NAME OF ORGANIZATION)…………………..

LIST OF EQUIPMENT AND EQUIPMENT FOR INSPECTION

FORM OF LIST OF DOCUMENTS FOR INSPECTION

(NAME OF ORGANIZATION) ………………….

LIST OF DOCUMENTS FOR INSPECTION

FORM OF LIST OF INSPECTORS

(NAME OF ORGANIZATION) ………….

LIST OF INSPECTORS

FORM OF APPLICATION FOR RE-ISSUE (RENEWAL) OF CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

……………, date …… month ……year 20……

APPLICATION FOR RE-ISSUE (RENEWAL) OF CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

To: ………………………………….

1. Name of organization: ………………………………………………………………………

2. Contact address: …………………………………………………………………………….

3. Tel: ………………………….Fax: ………………… E-mail: ………………………………

3. Established under Decision/Certificate of enterprise registration No.……………….. Issued by: …………………Issued on ………………… at ………………………………………..

4. Legal representative:

Full name: ………………………………………..Sex: ……………………………………….

Position: …………………………………………………………………………………………

Nationality …………………………………….Date of birth: …………………………………

ID card/Passport/Citizen card …………… Issued on …………….at …………….

Permanent residence: ……………………………………………………………………..

Tel: ……………………………………E-mail: …………………………………………………

5. Certificate of eligibility for technical inspection of occupational safety No.: ………………………………………………; Date of expiration: ……………………………..

6. We kindly request you to consider and re-issue (renew) the Certificate of eligibility for technical inspection of occupational safety under the following range:

- Reason (in case of renewal, no information required in this item)………………….

7. Attached documents:

- ………………………………

8. (Name of organization, enterprise) undertakes:

- To take responsibility before law for the accuracy and legality of the content in this application and the attached documents.

- Comply with the regulations on technical inspection of occupational safety and other regulations of the relevant law./.

FORM OF REPORT ON TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

……………, date …… month ……year 20……

REPORT ON REALITY OF TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY FROM YEAR 20... TO YEAR 20...

To: ……………………………………………

I. GENERAL INFORMATION ON ORGANIZATION

1. Name of organization: ………………………………………………………………………

2. Contact address: …………………………………………………………………………….

3. Tel: ………………………….Fax: ………………… E-mail: ………………………………

3. Establishment decision/Certificate of enterprise registration No ...Issued by: ………….. Issued on ……………………………………………….

4. Legal representative:

Full name: .....................………………………………………..Sex: ………………………..

Position: ………………………………………………………………………………………….

Nationality …………………………………….Date of birth: …………………………………

ID card/Passport/Citizen card …………… Issued on …………….at …………….

Permanent residence: ……………………………………………………………………..

Tel: ……………………………………E-mail: …………………………………………………

5. Issued Certificate No.: …………………………………………………….. Issued on: …………………………… Date of expiration: ………………….

II. REALITY OF TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY FROM YEAR 20... TO YEAR 20...

1. Reality of compliance with regulations of law on responsibility of the technical inspecting organization of occupational safety: ……………………………

2. Amount of equipment to be inspected:

3. Changes of inspection capacity of organization:

……………………………………………………………………….

……………………………………………………………………….

4. Compliance with inspection team’s recommendations

……………………………………………………………………….

……………………………………………………………………….

5. Forms of discipline and commendation (if any):

……………………………………………………………………….

……………………………………………………………………….

III. RECOMMENDATIONS (IF ANY)

FORM OF CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

CERTIFICATE

NAME OF ORGANIZATION: …………………………………

Address:……………………………………………………

Certification registration code: ……………………………………………….

CERTIFIED TO BE ELIGIBLE FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

RANGE OF INSPECTION CERTIFIED TO MEET THE CONDITIONS: Details in Decision No…

Issued on: ………………….

Date of expiration: ……………………

Time of issue: …………………..

Appendix Ib

ASSIGNED AUTHORITY TO ISSUE, RENEW, RE-ISSUE AND REVOKE THE CERTIFICATE OF ELIGIBILITY FOR TECHNICAL INSPECTION OF OCCUPATIONAL SAFETY

Appendix Ic

FORM OF APPLICATION FOR ISSUE OF CERTIFICATE OF INSPECTOR

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

……………, date ... month .... year 20 ………….

APPLICATION FOR ISSUE (OR RE-ISSUE) OF CERTIFICATE OF INSPECTOR

To: …………………………………..

Full name: …………………………………….. ……………………………..

Address: …………………………………………………………………………………

ID card/Passport/Citizen card……....Issued on …………...Place of issue....

Educational level: …………………Tel ……………….E-mail: …………….

Request the issue of Certificate of inspector with the following range:

or

Request the re-issue of certificate of inspector No.……

Reasons for re-issue:

Attached documents::

FORM OF CERTIFICATE OF INSPECTOR

Range of inspection:

Date of expiration: …………………………….

Time of issue: ………………………………

Appendix Id

FORM OF CERTIFICATE OF INSPECTION RESULT
(FRONT SIDE)

(BACK SIDE)

 (Certificate with A5 size)

(1) The certification registration number of the inspecting organization is issued by the competent authorities.

FORM OF INSPECTION STAMP

Note:

FORM OF PERIODICAL REPORT ON INSPECTION OF INSPECTING ORGANIZATION

PERIODICAL REPORT ON INSPECTION OF THE YEAR….

(From date .../.../20... to date .../.../20...)

To: ……………………………………

To comply with the provisions in Decree No. 44/2016/ND-CP, ...(name of inspecting unit)...reports the inspection activities as follows:

TABLE 1: INSPECTION OF MACHINE AND EQUIPMENT WITH STRICT REQUIREMENTS ON OCCUPATIONAL SAFETY

TABLE 2: CLASSIFICATION OF INSPECTED EQUIPMENT

Evaluation and recommendations:

a) Evaluation of inspection.

b) Problems arising during inspection

c) Recommendations to the competent state authorities to improve the inspection activities./.

Appendix Idd

FORM OF NOTIFICATION OF USE OF INSPECTED SUBJECT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

NOTIFICATION OF USE OF INSPECTED SUBJECT

To:Department of Labor Invalids and Social Affairs....
(Specify the name of using locality)

I. INFORMATION ON NOTIFYING ORGANIZATON OR INDIVIDUAL

1. Name of organization or individual: ……………………………………………………….

2. Address: ……………………………………………………………………………………..

3. Tel: …………….………..4. Fax: …………………………………5. E-mail: ..................

II. NOTIFICATION CONTENT

(Attached to the copy of Certificate of inspection result No…… issued by the inspecting Organization………….

APPENDIX II

FORM OF TRAINING OF OCCUPATIONAL SAFETY AND SANITATION
(Attached to the Decree No. 44/2016/ND-CP dated 15/5/2016 of the Government)

Form 01: Application for issue of Certificate of eligibility for training of occupational safety and sanitation

REQUEST

For issue of Certificate of eligibility for training of occupational safety and sanitation

To:……………………………………………..

1. Name of registering organization/enterprise: …………………………………………………………………

2. Address of head office: ………………………………………………………………………

Tel: ………………………Fax: ……………………..Email: ……………………………………

Address of other branches/ training establishments (if any): ……………………………….

………………………………………………………………………………………………………

3. Establishment decision, investment Certificate or business Permit (with certified copy):

No.: ……………………………………….. issued on: …………………………………….

Issued by: …………………………………………………………………………………………

4. Full name of the head of organization/enterprise: ……………………………………………….

Address: ……………………………………………………………………………………………

ID card/Citizen card/Passport: …………………………………………….

5. Registering the training and self-training of occupational safety and sanitation in the following main areas and activities as follows(with explanation about conditions for training of occupational safety and sanitation attached to):…………………..

We undertake to follow the laws on training of occupational safety and sanitation and the relevant laws./.

Form 02: Explanation about scale of training and conditions and solutions for implementation

EXPLANATION

About scale of training and conditions and solutions for implementation

I. General facilities and equipment of organization/enterprise

1. Overview of general facilities of organization/enterprise

- Works and total usable area of each works of the head office:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

- Works and total usable area of each works of other training branches/facilities (if any):

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

(attached to certified copy of construction permit)

2. Works and classrooms commonly used:

- Classrooms commonly used:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

- Laboratory / Experiment, workshop:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

- Ancillary works (hall; library; sports complex; dormitory...):

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

3. Training equipment commonly used

II. Manager and regular trainer

Note:

Make detailed report on content of each item

Form 03: Certificate of eligibility for training of occupational safety and sanitation

(Front side)

CERTIFICATE

of eligibility for training of occupational safety and sanitation

This is to certify: …………………………………(3) ……………………………………………

Transaction name: ……………………………………………………………………………….

Address of head office: ………………………………………………………………………….

Tel: …………………..Fax: ……………………Email: …………………………………………

Establishment Decision/enterprise registration Certificate/investment Certificate/ investment Certificate cum the enterprise Certificate for the enterprises established before July 01, 2015:

No.: …………………………… Issued on: …………………………….

Issued by: …………………………………………………………………………………………..

Is eligible for training of occupational safety and sanitation

Permitted range of training includes:

………………………………………………………………………………………………………….

This Certificate is valid until date ….. month ….. year …..…..

(Back side)

RENEWAL OF CERTIFICATE

1. First renewal

Renewal decision No.………………………………………..

Renewal time from date ….. month ….. year …..…..

to date ….. month ….. year …..…..

2. Second renewal

Renewal decision No.………………………………………..

Renewal time from date ….. month ….. year …..…..

to date ….. month ….. year …..…..

_______________

(1) Body assigned to manage the occupational safety and sanitation under the management of Ministry (if assigned)

(2) Year of issue of Certificate

(3) Name of training organization

(4) Position of the head

Form 04: Certificate of eligibility for training of occupational safety and sanitation(Front side)

CERTIFICATE

of eligibility for training of occupational safety and sanitation

This is to certify: …………………………………(3) ……………………………………………

Transaction name: ………………………………………………………………………………..

Address of head office: …………………………………………………………………………..

Tel: …………………..Fax: ……………………Email: ………………………………………..

Establishment Decision/enterprise registration Certificate/investment Certificate/ investment Certificate cum the enterprise Certificate for the enterprises established before July 01, 2015:

No.: …………………………… Issued on: …………………………….

Issued by: …………………………………………………………………………………………

Is eligible for training of occupational safety and sanitation

Permitted range of training includes:

………………………………………………………………………………………………………

This Certificate is valid until date ….. month ….. year …..…..

(Back side)

RENEWAL OF CERTIFICATE

1. First renewal

Renewal decision No.………………………………………..

Renewal time from date ….. month ….. year …..…..

to date ….. month ….. year …..…..

2. Second renewal

Renewal decision No.………………………………………..

Renewal time from date ….. month ….. year …..…..

to date ….. month ….. year …..…..

_______________

(1) Year of issue of certificate

(2) Name of training organization

Form 05: Periodical report of training organization/ enterprise performing the self-training of occupational safety and sanitation

PERIODICAL REPORT OF THE YEAR….ON TRAINING OF OCCUPATIONAL SAFETY AND SANITATION

To: ……………………………………………..

1. Name of organization/enterprise: ……………………………………………………………

2. Address of head office: .………………………………………………………………………

Tel: ………………………… Fax: ………………………Email: …………………………….

Address of other training branches/facilities (if any): …………………………………………

………………………………………………………………………………………………………

3. Result of training activities:

4. Maintaining the conditions on facilities and contingent of trainers to meet the training requirements

………………………………………………………………………………………………………

5. Recommendations:

………………………………………………………………………………………………………

Form 06: Occupational safety card

Card size: 60mm x 90mm

(1) Name of line body issuing card (capital letter, font size10)

(2) Name of facility issuing card (bold capital letter, font size10)

(3) Year of issue of safety card

Form 07: Form of Certificate of professional occupational health

CERTIFICATE OF PROFESSIONAL OCCUPATIONAL HEALTH

This is to certify Mr./Ms…………………………………

Date of birth: ………………………………………………………………………………………

ID card/Citizen card/Passport:

Has completed the training course of professional occupational health for the healthcare workers at the production and business establishments⁽²⁾:

……………………………………………………………………………………………………….

Total: …………….. training time (in words……………………………………….)

From date …… month ……year 20 ……, to date ……month …… year 20 ……

Note:

Size of Certificate: 19x27 cm - landscape

⁽¹⁾Write the line unit

⁽²⁾Write the name of the course

Form 08: Certificate of training of occupational safety and sanitation

Outside side: Blue color, size 13x19cm

Inside side:

Form 09: Book monitoring the issue of training Certificate and Certificate of professional occupational health

BOOK MONITORING THE ISSUE OF TRAINING CERTIFICATE

Year 20………………

I - GROUP 1

II - GROUP 2

III - GROUP 5

IV - GROUP 6

Form 10: Book monitoring the issue of safety Card of the training enterprise or organization issued to people working in areas without labor contract

BOOK MONITORING THE ISSUE OF SAFETY CARD

Year 20 ………..

Form 11: Book monitoring person of Group 4 who received the training of occupational safety and sanitation

BOOK MONITORING PERSONS OF GROUP 4 WHO RECEIVED THE TRAINING OF OCCUPATIONAL SAFETY AND SANITATION

Year 20…………….

APPENDIX III

FORM FOR WORKING ENVIRONMENT OBSERVATION
(Issued with Decree No. 44/2016/ND-CP dated 15/5/2016 of the Government)

Form 01: Form of Request for announcement of eligibility for working environment observation

Request for announcement of eligibility for working environment observation

To:………………………………………………………………..

Based on the Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government of the Government stipulating the technical inspection of occupational safety and training of occupational safety and sanitation and working environment observation,

1. Name of organization: …………………………………. (BOLD CAPITAL LETTER) ………………………………

2. Representative: ……………………………………….. Position: …………………………

3. Address: ………………………………………………………………………………………

4. Tel: ……………………………………… Fax: ………………………………………..

Email: ……………………………………………….. Website: ……………………………..

5. Areas requested for announcement of eligibility for working environment observation

5.1. Microclimate factors:

- Temperature:

- Humidity:

- Wind speed:

- Thermal radiation:

5.2. Physical factors:

- Light:

- Band noise

- Band vibration

- Vertical or horizontal vibration velocity

- Radioactivity

- Electromagnetic field of industrial frequency

- Electromagnetic field of high frequency

- Ultraviolet radiation

- Other physical factors

………………………………………………………………………………………………………..

5.3. Dust factor of various types

- Whole dust:

-Respirable dust:

- General dust:

- Silica dust: analysis of content of free silicon

- Asbestos dust:

- Metal dust (lead, manganese, cadmium, ... specify)

- Coal dust:

- Talc dust:

- Cotton dust:

- Other dusts (specify)

………………………………………………………………………………………………………

5.4. Toxic gas factors (List and specify the permitted limit factors under the occupational sanitation regulations) as:

- Mercury:

- Arsenic:

- Carbon oxides:

- Benzene and compounds (Toluene, Xylene):

- TNT:

- Nicotine:

- Pesticide chemical:

- Other chemicals (Specify)

………………………………………………………………………………………………………

5.5.Psychophysiologicaland ergonomic factors

Evaluation of neuropsychological burden

Ergonomic evaluation:

5.6. Evaluation of occupational exposure

- Micro-organic factors

- Factors causing allergy and sensitivity

- Solvent

- Carcinogenic factors

5.7. Other factors (specify)

- …………………………………………………………………………………

- …………………………………………………………………………………

- …………………………………………………………………………………

The prescribed dossier for announcement of capacity is sent with

The organization………..undertakes all above contents of announcement of eligibility are  totally true.

Form  02: Form of Dossier for announcement of eligibility for working environment observation

DOSSIER FOR ANNOUNCEMENT OF ELIGIBILITY FOR WORKING ENVIRONMENT OBSERVATION

A. GENERAL INFORMATION

I. Name of organization requesting the announcement:…………………………

Address: …………………………………………………………………………………………

Tel:  …………………………………………….. Fax: …………………………………

Email …………………………………………………..  Website ……………………………

II. Line body: ………………………………………………………………………………..

Address: …………………………………………………………………………………………

Tel:  …………………………………………….. Fax: …………………………………

Email …………………………………………………..  Website ……………………………

III. Head of organization: ……………………………………………………………………

Address: …………………………………………………………………………………………

Tel:  …………………………………………….. Fax: …………………………………

Email: ……………………………………………………………………………………………

IV. Contact person: ……………………………………………………………………………

Address: …………………………………………………………………………………………

Tel:  …………………………………………….. Fax: …………………………………

Email: ……………………………………………………………………………………………

(The original or certified copy of Decision of the competent authorities defining functions and duties of the organization or the business registration Certificate; in case of foreign enterprise, there must be the Decision on establishment of representative office and branch in Vietnam)

B. CAPACITY INFORMATION

1. Conditions of head office, facility and working area

- Head office:                                     Yes □                   No □

- Total area:                                                          …………….m²;

+ Administrative and sample receiving area                  …………….m²;

+ Laboratory of dust and physical factors           …………….m²;

+ Chemical and biochemical laboratory                         …………….m²;

+ Laboratory of micro-organic factors:                          …………….m²;

+Psychophysiologicaland ergonomic laboratory         …………….m²;

+ Storage room of working environment observation equipment…………….m²;

(Attached to the geographical location outline and laboratory’s equipment arrangement outline)

2. Officers performing the working environment observation

- The list of officers performing the working environment observation:

(Certified copy of degree, certificate and labor contract or recruitment decision)

3. List of equipment (available)

- Conditions of equipment storage room:

+ Temperature:         °C ±       °C

+ Humidity:            % ±        %

+ Other conditions:

4. Parameters and methods for measurement and analysis at the site

5. Parameters and methods for analysis in laboratory

6. Attached documents

- Quality handbook

- Methods of observation and analysis at the site/calibration □

- Other relevant documents: (specify) □

- Technical support contract with unit/organization which has carried out the working environment observation □

(Where the facility only takes sample, stores, measures and tests at the site and analyses in laboratory of 70% of factors specified under Point d, Clause 3 of Article 33 of this Decree, it must have the technical support contract with the organization/unit which has carried out the announcement of eligibility for working environment observation to ensure full implementation with quality of factors to be observed in the working environment).

7. Laboratory previous certified/accredited

Yes □                   No □

(If any, prepare the certified copy of attached certificates)

Form 03: Form of Receipt of dossier for announcement of eligibility for working environment observation

Receipt of dossier for announcement of eligibility for working environment observation

1. Name of unit: ………………………………………………………………………………….

2. Address of head office: ………………………………………………………………………

3. Number of requesting documents of the organization: ……………………………..……

4. Dossier components:

Form 04: Form of report on result of working environment observation

REPORT ON RESULT OF WORKING ENVIRONMENT OBSERVATION

(To be kept with the dossier of occupational sanitation)

Date    month    year

At: …………………………………………………………………………….

Year……………

In implementation of Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government

(Name of the facility carrying out the working environment observation): ……………………………………………

Address: …………………………………………………………………………………………

Tel: ………………………………………………………………………………………………

Represented by Mr./Ms :…………….

Has conducted the working environment observation at: …………………………………

Date ... month...year 20...

Method:

Measuring the indicators of microclimate, dust, light, toxic gas, radiation, electromagnetic field at technical positions in accordance with the method…………………………………………………………………………………….

Measurement equipment:

+ Measuring the microclimate with machine: …………………………………………………………………………..

+ Measuring the light with machine: …………………………………………………………

+ Measuring the noise with machine: ……………………………………………………………………………

+ Measuring the dust with machine: ………………………………………………………………………………….

+ Measuring the radioactivity with machine …………………………………………………………………………..

+ Measuring the electromagnetic field with …………………………………………………………………………..

+ Measuring the toxic gas with: …………………………………………………………………

Observation of harmful factors is recorded by the employer in the dossier of occupational sanitation including:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Through reviewing the technological procedure, raw materials and substances used in production process, services supply, the observation of following harmful factors should be added (these harmful factors should be added to the occupational sanitation dossier

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Reasons for recommendation:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Reference standards according to the current regulations and measurement results as follows:

I. MICROCLIMATE FACTORS(specify the real value of observed sample)

Season at the time of observation

II. PHYSICAL FACTORS(specify the real value of observed sample)

1. Light (Lux)

2.Noise(dBA)(specify the real value of observed sample)