Directive No. 10/2008/CT-TTg on labor protection a occupational safety

DIRECTIVE

ON STRENGTHENING THE IMPLEMENTATION OF LABOUR PROTECTION, OCCUPATIONAL SAFETY

Since 1994, Government, Prime Minister, Ministries, line industries according to assigned functions, duties and competence have fully issued documents to guide the implementation of the Labour Code with regard to labour protection, occupational health and safety. The process to exercise the documents above has partly contributed to improvement in awareness, and consolidate the responsibility of employers and employees in securing occupational health and safety, improving working conditions, proactively contributing to socio-economic development of the nation.

However, the implementation of labour laws on labour protection, occupational safety of employers and employees in some localities are not effcient, particularly in recent time, the situation of occupational accidents, occupational diseases has tended to increase, a lot of serious occupational accidents have occurred; particularly in sectors of construction, mineral exploitation, leading to a lot of serious damages of human lives and properties. Key causes of the situation above are inadequate awareness of the importance of labour protection, occupational safety; limited awareness of employers and employees; poor awareness of employers and employees in exercicing regulations on occupational safety; inadequate and untimely supervision and inspection occupational safety of Ministries, Sectors, localities, particularly at key State construction projects, areas of high risk of occupational accidents; State management of labour protection, occupational safety of some Ministries, Sectors, localities has not met the development of the ecenomy during the global integration; irregular and limited propaganda of laws on labour protection, occupational safety; settlements of occupational safety violations causing serious consequences have not been resolute.

To prevent occupational accidents, occupational diseases, and ensure health, safety for employees, partly contributing to stabilize and develop production, Prime Minister would like to require as follows:

1. Ministry of Labour, Invalids and Social Affairs shall orgnize, coordinate with relevant Ministries, Sectors, General Labour Federation of Viet Nam, People’s Committees of provinces cities directly under the Center and socio-political organizations to implement the following requirements:

a. Develop plans and organize the implementation, and effectively coordinate activities of National Programme of labour protection, occupational safety and Health by the year 2010;

b. Review, modify and supplement to issue within competence or propose competent institutions to modify, supplement, issue stipulations of labour laws on labour protection, occupational safety; construction and issue new technical criteria, standards of occupational safety; study, recommend to develop laws of occupational safety and health.

c. Strengthen the inspection, supervision of the implementation of labour laws at enterprises, production and business establishments, especially labour protection, occupational safety at key projects, focused industry parks, establishments exploiting minerals, exploiting and producing construction materials etc. seriously settle violations of labour laws on occupational safety causing serious consequences;

d. Promote the propaganda, education, training of labour laws on labour protection, occupational safety for employers and employees; simutaneously initiate public emulation movements with regard to labour protection, occupational safety at all production establishments, key projects including medium-and-small sized enterprises, private production establishments, trade villages, farms, etc.;

- Coordinate with Vietnam Television, Radio the Voice of Vietnam and mass media at Center and local levels to strengthen the propaganda of labour protection, occupational safety.

- Consolidate the system of occupational safety and Labour inspection at Center and local levels; simutaneously strengthen the education, training to improve inspection and investigation knowledge, technique and capacity, inspecting for inspectors.

2. Ministry of Industry and Trade shall strengthen management, organize and guide the exercise of labour protection, occupational safety in establishments in State- owned and - run sectors and in assigned areas; strictly monitor and control labour protection, occupational safety in production establishments, key projects, mineral exploitation mines; study to recommend supervision mechanisms of quality, safety from stages of surveying, executing, operating, exploiting, maintaining machinery and equipment; coordinate with competent institutions of localities to strengthen the monitor and control the capacity of mine executive directors, manage and use industrial explosion materials in mine exploitation managed by localities.

3. Ministry of Construction shall steer, guide, inspect the execution of labour protection, occupational safety in civil and industrial construction projects (except for industrial projects under management of Ministry of Trade and Commerce); particularly projects requiring employees to work at high positions; establishments exploitating construction materials; various machines and equipment for work with serious requirements on occupational safety in construction projects, construction material exploitation and production under assigned management; strengthen the inspection of managing quality of projects in processes of examination, designing, execution, construction, assessment, transfer, and maintainance of construction projects; set up full-time units specialized in labour protection, occupational safety in the construction area.

4. Ministry of Transport shall steer, guide, inspect the implementation of labour protection, occupational safety in projects of bridge and road construction establishments of stone exploitation, particularly key transport projects within assigned management responsibility; strengthen the inspection of managing quality of projects in processes of examination, designing, execution, construction, assessment, transfer, and maintainance of construction projects.

5. Ministry of Agriculture and Rural Development shall proactively coordinate with relevant institutions to organize the execution of to exercise of Direction No. 20/2004/CT-TTg dated 08 June 2004 of Prime Minister on strengthening the steer, guide and organization of the implementation of labour protection, occupational safety in agricultural production, especially the plant protection chemicals, veterinary medicine, fertilizer, breeding food, anti-termine treatment, anti-insect chemicals, bio-products for planting and breeding, usage of agriculture machinery; set up full-time units specialized in labour protection, occupational safety in the argiculture area.

6.- Ministry of Natural resources and Environment shall organize, coordinate with Ministries, Sectors, People’s Committees provinces, cities directly under the Center to review the licence for natural resources and mineral exploitation, to ensure occupational safety and protect natural resources, environment; stipulate, guide the incorporation of the inspection in exercising lawful regulations on environment protection and occupational safety.

7. Ministry of Internal Affairs shall organize, coordinate with Ministry of Labour, Invalids and Social Affairs, supplement the staffs of labour inspection at the Center and local levels to meet requirements on State management of labour inspection.

8. Ministry of Health shall organize, coordinate with Ministry of Labour, Invalids and Social Affairs, relevant Ministries and Sectors to guide occupational safety, prevent occupational diseases in production and business establishments; invest to upgrade physical facilities and equipment for establishments of labour capacity treatment and recovery to enhance labour capacity treatment and recovery for employees.

9. Ministry of Public Security shall strengthen, organize and guide various levels, sectors, institutions, units, enterprises, production establishments the continuance of serious exercise of the Law of Fire Prevention and Fighting and Decree No. 35/2003/ND-CP dated 04/4/2003 of Prime Minister to detail the implementation of some articles of the Law of Fire Prevention and Fighting; organize inspection and supervision of fire prevention and fighting at all levels, sectors, institutions, units, enterprises, production establishments; resolutely settle serious cases of violations against fire prevention and fighting regulations; simutaneously strengthen the direction of investigation on lawful breaches with criminal signals for settlements, closely coordinate with all levels of People's Procuracy and Court to prosecute and settle people who lack responsibility and have violations against labour laws, which lead to occupational accidents with serious and particularly serious consequences.

10. Ministry of National Defence shall organize and coordinate with Ministries, Sectors, localities to exercise Decree No. 148/2006/ND-CP dated 04/12/2006 of Government on planning, constructing, managing and protecting the safety belt of ammunition stores, explosive materials, ammunition and explosive materials production factories under the management of Ministry of National Defence; consolidate the whole organization system, staffs responsible for technical safety and labour protection; consolidate the management, guide of inspecting, monitoring and controling the exercise of labour laws on labour protection, occupational safety in enterprises within the assigned management responsibility and in areas within the State management responsibility, particularly for the settlement of boms, mines, ammunitions left after the wars, mineral exploitation, basic construction missions.

11. Vietnam Television, Radio the Voice of Vietnam and mass media institutions at Center and local levels shall organize and coordinate with relevant Ministries, Sectors to develop special programmes on occupational safety to propagandize knowledge of occupational safety and labour protection laws, and experiences of occupational accident prevention.

12. Ministry of Finance shall develop budgets to exercise the National Programme on labour protection and occupational safety till the year 2010 accrding to Decision No. 233/2006/QD-TTG dated 18/10/2006 of Prime Minister about National Programme on labour protection, occupational safety, till the year 2010 according to regulations of the Law of State Budget.

13. Ministry of Science and Technology , Ministry of Education and Training within assigned competence and duties shall continue to exercise Direction No. 13/1998/CT/TTg dated 26/3/1998 of Prime Minister on strengthening the direction, guidance and organization of labour protection in the new situation.

14. People’s Committees in provinces, cities directly under the Center shall organize and guide competent institutions of localities to coordinate with relevant Ministries, Sectors in strengthening inspection and supervision of the exercise of labour laws on labour protection, occupational safety at production establishments in localities, particularly the use of industrial explosive materials, gases, etc. in private production and business establishments, medium-and-small sized enterprises, trade villages, farms, mineral exploitation mines, construction, etc...; resolutely apply administrative settlements on violations of the labour legislatione; immediately suspend or propose competent organizations to suspend, revoke the right to use licence for performance or revoke certificates of operation against establishments violating labour laws on occupational safety, which lead to hazards of occupational accidents, occupational diseases and safety relating to fire and explosion, etc.

15. Request Vietnam Confederation of Labour Viet Nam to take part in monitoring and controling the exercise the labour legislation; coordinate with Ministries, Sectors, localities to implement propaganda activities for improvement of employees’ awareness in exercising labour laws on labour protection, occupational safety; organize efficiently movements and campaigns for labour protection, occupational safety in the period of industrialization and modernization.

16. Vietnam Vietnam Chamber of Commerce and Industry, Viet Nam Association of Farmers shall priotize the implementation of activities to propaganda law education and training, promote the awareness, support labour protection, occupational safety techniques for enterprises, particularly medium-and-small sized enterprises, enterprises and family business in trade villages.

17. Ministers, Leaders of ministry-equivalent institutions under the Government, Chairpeople of People’s Committees of provinces, cities directly under the Center, leaders of establishments, establishments within the assigned responsibility shall closely coordinate with equivalent-level trade unions, socio-politic organizations to organize the implementation of this Direction well and shall be responsibility for any occurrence of occupational accident with serious consequences.

Employers, leaders of institutions, enterprises, production and business establishments shall exercise self-evaluation, self-review and self-improve immidiately the implementation of labour laws on labour protection, occupational safety; organize enough staffs responsible for labour protection, occupational safety; organize adequately occupational safety training for employees according to stipulations on labour laws on labour protection, occupational safety.

Minister of Ministry of Labour, Invalids and Social Affairs shall bear the responsibility for regular supervision, monitor, control and inspection; and annually report the situation of the implementation of this Direction to Prime Minister./.

This Direction is valid after 15 days since being officially gazetted. /.