Circular 03/2025/TT-BLDTBXH providing criteria for labor classification based on working conditions

CIRCULAR

Providing criteria for labor classification based on working conditions

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Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety;

The Minister of Labor, Invalids and Social Affairs hereby promulgates the Circular providing criteria for labor classification based on working conditions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides criteria for labor classification based on working conditions.

Article 2. Subjects of application

1. Agencies, organizations and individuals carrying out labor classification based on working conditions.

2. Employers as defined in Clause 5 Article 2 of the Law on Occupational Safety and Health.

Chapter II

CRITERIA FOR LABOR CLASSIFICATION BASED ON WORKING CONDITIONS

Article 3. Types of working conditions

1. There are 6 types of working conditions as follows:

a) Class I.

b) Class II.

c) Class III.

d) Class IV.

dd) Class V.

e) Class VI.

2. Non-heavy, non-hazardous or non-dangerous occupations and jobs are occupations and jobs under class-I, class-II or class-III working conditions; heavy, hazardous or dangerous occupations and jobs are occupations and jobs under class-IV working conditions; particularly heavy, hazardous or dangerous occupations and jobs are occupations and jobs under class-V or class-VI working conditions.

Article 4. Criteria and methods of classification of working conditions

Types of working conditions specified in Article 3 of this Circular shall be evaluated and classified according to the following methods:

1. Evaluation and scoring method

This method shall be carried out according to the following process:

a) Determining names of occupations and jobs for which it is necessary to evaluate and determine working conditions, sampling scale:

The sampling for each occupation or job must ensure that the sampling scale complies with statistical and research regulations and must be conducted appropriately based on the type and scale of the production, business, and service establishments as well as the region and locality sampled. The following formula is used:

In which:

n: Quantity of samples required

N: total population size (total number of persons performing the job or occupation to be evaluated within the industry, sector, or enterprise).

e: allowable error

- When calculating the sample size for the entire industry, the allowable error e must not exceed 10%.

- When calculating the sample size for a specific enterprise in each industry, the allowable error e must not exceed 20% for enterprises with fewer than 1,000 employees performing the evaluated job or occupation; and no more than 10% for enterprises with 1,000 employees or more performing the evaluated job or occupation.

b) Evaluating working conditions based on the system of criteria on working conditions:

Step 1: Determining elements that have biological effects on employees in the system of criteria on working conditions specified in Appendix I to this Circular (hereinafter referred to as Appendix I).

Step 2: Selecting at least 6 (six) typical elements for each occupation or job. These elements must reflect all 3 groups of elements in the system of criteria on working conditions provided in Appendix I.

Step 3: Selecting 1 (one) criterion for each typical element selected in Step 2 for carrying out the evaluation and scoring in adherence to the following principles:

- The scale of 6 (six) points shall be used for the evaluation of heaviness, hazard or danger of each element provided in Appendix I.  The higher heaviness, hazard or danger is, the higher points are scored.

- When the period of exposure by an employee to elements is under 50% of a work shift duration, the score shall be reduced by 1 (one) point. For each element of toxic chemical, electromagnetic field, vibration, noise, ionizing radiation, pressure change or infectious disease pathogen, the score shall be reduced by 1 (one) point if the exposure period is under 25% of a work shift duration.

- For elements subject to permissible exposure periods, the score shall be reduced by 1 (one) point if the actual exposure period at work is under 50% of the permissible exposure period.

- For elements for which 2 or more criteria may be used for evaluation, only one main criterion shall be chosen for evaluation and scoring. Other criteria may be used for the purpose of reference and addition of data to the main criterion.

- The use of periodic working environment monitoring results for environmental hygiene factors must ensure that the sampling scale, sampling location, and timing are suitable for evaluating and classifying working conditions.

Step 4: Calculating the average score of elements according to the following formula:

In which:

: Average score of elements.

n: Number of elements already evaluated in Step 3 (n ≥ 6).

X₁, X₂,... X_n: Score of element No. 1, No. 2,…, No. n.

Step 5: Writing evaluation results in a datasheet made according to the form provided in Appendix II to this Circular and determining working conditions according to the average score of elements () as follows:

- ≤ 1.01: Class-I working conditions.

- 1.01 <≤ 2.22: Class-II working conditions.

- 2.22 <≤ 3.37: Class-III working conditions.

- 3.37 <≤ 4.56: Class-IV working conditions.

- 4.56 <≤ 5.32: Class-V working conditions.

- ≤ 5.32: Class-VI working conditions.

2. Other methods

a) Statistical and experiential method

Based on the characteristics of the working conditions specific to each job or occupation in the List of heavy, hazardous or dangerous occupations and jobs and particularly heavy, hazardous or dangerous occupations and jobs (hereinafter referred to as the List of occupations), issued by the Minister of Labor, Invalids and Social Affairs, to determine the type of working conditions for the jobs and occupations being evaluated.

b) Combined method

This method combines the evaluation and scoring method specified in Clause 1 of this Article with the statistical and experiential method specified at Point a Clause 2 of this Article, and incorporates the opinions of line ministries, experts, and scientists to summarize the results.

c) Methods specified in this Clause apply to the following jobs and occupations:

- Jobs and occupations with elements that may endanger the life and health of employees but do not meet the requirement of having at least 6 typical elements or three groups of elements in the system of indicators for working conditions as specified in Appendix I to this Circular.

- Occupations and jobs that pose a danger to life, health, and the environment;  expose to hazardous chemicals classified under Category A and radiation.

Based on occupational exposure elements, statistical data on occupational accidents, occupational diseases, job- or occupation-related illnesses, and the aggregated results derived from this combined method, the Ministry of Labor, Invalids, and Social Affairs shall determine the classification of working conditions for occupations and jobs evaluated under the method prescribed in Clause 2 of this Article.

Chapter III
IMPLEMENTATION ORGANIZATION

Article 5. Responsibilities of line ministries, employers and related agencies

1. Employers must control dangerous or harmful elements as prescribed in Chapter II of the Government's Decree No. 39/2016/ND-CP dated May 15, 2016, detailing a number of articles of the Law on Occupational Safety and Health; based on the working environment monitoring results and results of prevention and control of dangerous or harmful elements, evaluate the improvement of applicable working conditions of occupations and jobs; the methods specified in Article 4 of this Circular shall be used to determine types of working conditions, if necessary.

2. On an annual basis, line ministries shall actively review working conditions of occupations and jobs within their sectors and fields; the methods specified in Article 4 of this Circular shall be used to determine types of working conditions, if necessary.

3. Any newly arising occupations and jobs involving arduous, hazardous, or dangerous elements should be evaluated and classified based on working conditions in accordance with this Circular (by line ministries and employers) for determining working conditions of such occupations and jobs.

Article 6. Effect

1. This Circular takes effect from April 1, 2025.

2. Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021, of the Minister of Labor, Invalids and Social Affairs, providing criteria for labor classification based on working conditions, ceases to be effective from the effective date of this Circular.

3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement./.

 * All Appendices are not translated herein.