Chương 1 Luật An toàn, vệ sinh lao động: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law deals with occupational hygiene and safety assurance; policies and benefits for victims of occupational accidents and occupational diseases (hereinafter referred to as victims); rights and obligations of organizations or individuals relating to occupational hygiene and safety and the roles of regulatory agencies in occupational hygiene and safety.

Article 2. Regulated entities

1. Employees with labor contracts; interns; apprentices.

2. Officials and civil servants, people’s armed forces.

3. Employees without labor contracts.

4. Vietnamese employees working abroad under contracts; foreign employees working in Vietnam.

5. Employers.

6. Other agencies, organizations or individuals relating to occupational hygiene and safety.

Every person prescribed in Point 1, 2, 3 and 4 of this Article shall be hereinafter referred to as employee.

Article 3. Interpretation of terms

For the purposes of this Law, these terms below shall be construed as follows:

1. Business entity means an enterprise, a cooperative, a household or another business entity.

2. Occupational safety means preventive measures for dangerous factors to avoid injuries or deaths to employees during the course of work.

3. Occupational hygiene means preventive measures for harmful factors that cause diseases or health declining of employees during the course of work.

4. Dangerous factor means a factor that causes unsafe condition, injuries or deaths to employees during the course of work.

5. Harmful factor means a factor that cause diseases or health declining to employees during the course of work.

6. Safety threat means a technical breakdown of machinery, equipment, materials or substances that exceeds permitted technical safety threshold, occurs during the course of work and causes damage to or likely to cause damage to humans, assets and environment.

7. Serious safety threat means a major safety threat, which occurs on a large scale and beyond response capacity of business entities, agencies, organizations, or local governments or involves multiple business entities and local governments.

8. Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.

9. Occupational disease means a disease caused by the harmful working condition of an occupation on an employee.

10. Occupational environment monitoring means activities of collection, analysis, assessment of figures in terms of occupational environment factors at the workplace to introduce measures for minimizing harmful effects on health and prevention of occupational diseases.

Article 4. State policies on occupational safety and hygiene

1. Enable employers, employee, relevant agencies, organizations, or individuals to implement occupational safety and hygiene measures during the course of work; encourage employers and employees to apply advanced and modern technical standards and administration system and apply advanced, high and eco-friendly technology during the course of work.

2. Invest in scientific research, application of safety and hygiene technologies; support construction of national-standards laboratories to serve occupational safety and hygiene.

3. Support prevention of occupational accidents and occupational diseases in the fields posing high risks in occupational accidents and occupational diseases; encourage organizations to establish, announce or apply advanced and modern technical standards to improve occupational safety and hygiene during the course of work.

4. Provide training in occupational safety and hygiene for employees without labor contracts who work under strict safety and hygiene requirements.

5. Extend the scope of voluntary occupational accident insurance in terms of buyers; provide a flexible mechanism for buying insurance and claiming benefit to avoid, minimize or eliminate hazards to employees.

Article 5. Rules for occupational safety and hygiene assurance

1. Respect the right of employees to have safe and hygienic working conditions.

2. Implement all measures for occupational safety and hygiene during the course of work; give priority to measures for prevention, elimination and control dangerous or harmful factor during the performance of work.

3. Consult with trade unions, employer representative, Councils of occupational safety and hygiene about development and implementation of policies, law, programs and plans for occupational safety and hygiene.

Article 6. Rights and obligations of employees in terms of occupational safety and hygiene

1. Every employee with labor contracts has rights to:

a) Obtain assurance of equal, safe and hygienic working conditions; request his/her employer to ensure safe and hygienic working conditions during the course of work at the workplace;

b) Receive adequate information about dangerous or harmful factors at workplace and prevention measures; receive training in occupational safety and hygiene;

c) Receive benefits in terms of personal protective equipment, healthcare, occupational disease check-ups; have premiums of insurance against occupational accidents and occupational diseases (hereinafter referred to as the insurance) paid by his/her employer; receive the insurance benefits for victims; receive payment for assessment fees for injuries or diseases caused by occupational accidents and occupational diseases; proactively take medical assessment of decreased work capacity and receive payment for assessment fees in case the employee is entitled to an increase in benefit occupational accident benefit and occupational disease benefit according to the assessment results;

d) Request his/her the employer to assign him/her appropriate works when their health condition becomes stable after treatment;

dd) Refuse works or quit the workplace but still receive full salary without consideration as violations against labor discipline if he/she clearly recognize the hazards of occupational accidents that seriously threaten their life and heath, provided that he/she immediately informs their senior manager; and keep working when the senior manager and the person in charge of occupational safety and hygiene coped with the hazards;

e) Make complaints, denunciation or take legal proceedings as prescribed.

2. Every employee with labor contracts has obligations to:

a) Conform to internal regulations, process and measures for occupational safety and hygiene at the workplace; stick to agreements on occupational safety and hygiene in his/her labor contract or collective bargaining agreement;

b) Use and preserve his/her personal protective equipment; occupational safety and hygiene equipment at the workplace;

c) Report hazards of safety threat, occupational accidents and occupational diseases; proactively give emergency aid, cope with breakdowns, or occupational accidents according to the plan for responses to breakdowns and emergency rescue or emergency respond or under orders from the employer or a competent agency.

3. Every employee without labor contracts has the rights to:

a) Have safe and hygienic working conditions; be enabled by the State, society, and families to safe and hygienic working conditions;

b) Receive information and education in occupational safety and hygiene; receive training in occupational safety and hygiene when he/she does work having strict safety and hygiene requirements;

c) Purchase and claim on voluntary insurance for occupational accidents prescribed by the Government.

According to socio-economic development condition, government budget in each period, the Government shall provide guidance on support for voluntary insurance for occupational accidents;

d) Make complaints, denunciation or take legal proceedings as prescribed.

4. Every employee without labor contracts has obligations to:

a) Take responsibility for occupational safety and hygiene of their works as prescribed.

b) Ensure occupational safety and hygiene for relevant persons during the course of work;

c) Inform local governments about actions threatening occupational safety and hygiene in order for they to take actions against such violations.

5. Officials, civil servants, and people’s armed forces have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article, unless otherwise prescribed by legislative documents applicable to these entities.

6. Probationers or apprentices have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article.

7. Foreign workers working in Vietnam have similar rights and obligations in terms of occupational safety and hygiene to the employees prescribed in Clause 1 and Clause 2 of this Article; and their purchase of the insurance shall comply with regulations of the Government.

Article 7. Rights and obligations of employers in terms of occupational safety and hygiene

1. Every employer has the right to:

a) Request employees to conform to internal regulations, process and measures for occupational safety and hygiene at the workplace;

b) Commend employees for good observance of labor discipline and take disciplinary actions against employees committing violations against occupational safety and hygiene.

c) Make complaints, denunciation or take legal proceedings as prescribed;

d) Mobilize employees in emergency rescue and responses to breakdowns or occupational accidents.

2. Every employer has the following obligations:

a) Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;

b) Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;

c) Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;

d) Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;

dd) Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;

e) Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.

g) Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.

Article 8. Rights and obligations of Vietnamese Fatherland Front, member organizations of Vietnamese Fatherland Front and other social organizations

1. Vietnamese Fatherland Front, member organizations of Vietnamese Fatherland Front and other social organizations shall have rights and obligations as follows:

a) Cooperate with relevant agencies in propagating and providing training in occupational safety and hygiene; develop occupational safety and hygiene services;

b) Offer opinions supervise and criticize the formulation of policies or legislation on occupational safety and hygiene as prescribed;

c) Cooperate with State management agencies in proposing measures for improvement of working condition, prevention of occupational accidents and occupational diseases, and conduct scientific research;

d) Mobilize trade unionists and members in implementation of occupational safety and hygiene;

dd) Detect and request the competent agency to take actions against violations against legislation on occupational safety and hygiene.

2. The employer’s representative organization shall exercise rights and fulfill obligations as prescribed in Clause 1 of this Article; participate in the Council of occupational safety and hygiene as prescribed in Article 88 of this Law; mobilize the employer in organization of discussion at the workplace, collective bargaining, collective bargaining agreement, and implementation of measures for improvement of working condition to ensure the occupational safety and hygiene at the workplace.

Article 9. Rights and obligations of Trade Union in occupational safety and hygiene

1. Cooperate with regulatory agencies in policy formulation and legislation on occupational safety and hygiene. Request the competent agencies to formulate, amend policies and legislation on rights and obligations of employees in terms of occupational safety and hygiene.

2. Cooperate with the competent agency in inspection and observation of implementation of policies or legislation on rights and obligations of employees in terms of occupational safety and hygiene; formulation, instructions and observation of implementation of plans, regulations, internal regulations and measures for assurance of occupational safety and hygiene and improvement of working condition of employees; and participate in investigation of occupational accidents as prescribed.

3. Request agencies, organizations, enterprises or individuals undertaking responsibility to adopt measures for assurance of occupational safety and hygiene, implement remedial measures, including suspension from operation when there is any harmful factor or dangerous factor to health and lives of the employees during the course of work.

4. Encourage/motivate employees in observance of regulations, internal regulations, process and measures for assurance of occupational safety and hygiene.

5. Take legal proceedings on behalf of an employee group upon the infringement of their rights in terms of occupational safety and hygiene; or take legal proceedings on behalf of an employee upon the infringement of his/her rights in terms of occupational safety and hygiene.

6. Research and apply technologies, provide training in terms of occupational safety and hygiene; and suggest measures for improvement of working condition, prevention of occupational accidents and occupational diseases for employees.

7. Cooperate with the competent agency in organization of emulation movement in terms of occupational safety and hygiene; organization of mass movement in terms of occupational safety and hygiene; organization and instructions in operation of the network of occupational safety and hygiene officers.

8. Give commendations for occupational safety and hygiene activities as prescribed by Vietnam General Confederation of Labor.

Article 10. Rights and obligations of internal trade unions in terms of occupational safety and hygiene

1. Cooperate with the employer to formulate and observe the implementation of plans, regulations, internal regulations, process and measures for assurance of occupational safety and hygiene and improvement of working condition.

2. Negotiate, sign and supervise the implementation of terms and conditions of occupational safety and hygiene in the collective bargaining agreement on behalf of the employee group; and help the employee to make complains or take legal proceedings upon the infringement of the employee’s rights.

3. Discuss with the employer to take actions against issues related to rights and obligations of employees and the employer in terms of occupational safety and hygiene.

4. Cooperate with the employer in inspection of implementation of occupational safety and hygiene; observe and request the employer to conform to regulations on occupational safety and hygiene; cooperate with the employer in investigation of occupational accidents and observe the policies, vocational training and work assignment applicable to victims.

5. Request the employer or competent agency to carry out policies on assurance of occupational safety and hygiene, eliminate safety threat, occupational accidents and impose penalties for violations against occupational safety and hygiene.

6. Propagate employees and employers in observance of legislation, standards, process and measures for occupational safety and hygiene at the workplace. Cooperate with employers in provisions of training in occupational safety and hygiene for union representatives and employees.

7. Request the persons in charge to adopt measures for occupational safety and hygiene, including operation suspension if necessary when there is any hazard that threatens health and lives of employees at the workplace.

8. Participate in internal groups of investigation into occupational accidents (hereinafter referred to as the internal investigation group) prescribed in Clause 1 Article 35 of this Law; cooperate with the employer in responses to safety threat, occupational accident; in case the employer fails to report as prescribed in Article 34 of this Law, the internal union shall immediately inform the competent agency prescribed in Article 35 of this Law for the investigation.

9. Cooperate with the employer in organization of emulation movement and mass movement in terms of occupational safety and hygiene and foster safety culture at the workplace, and manage and give instructions in operation of the network of occupational safety and hygiene officers.

10. Regarding any business entity without internal trade union, the superior trade union shall exercise rights and fulfill obligations prescribed in this Article at the request of the employees of that business entity.

Article 11. Rights and obligations of Vietnam Farmers' Union

1. Cooperate with regulatory agencies in policy formulation and legislation on occupational safety and hygiene applicable to farmers. Request the competent agencies to formulate, amend policies and legislation on rights and obligations of employees who are farmers in terms of occupational safety and hygiene.

2. Cooperate with the competent agency in inspection and observation of implementation of policies or legislation on rights and obligations of employees who are farmers in terms of occupational safety and hygiene; participate in investigation into occupational accidents when victims of occupational accidents are farmers.

3. Participate in propagation and training in occupational safety and hygiene for farmers.

4. Cooperate with state management agencies in improvement of working condition, prevention of occupational accidents and occupational diseases for farmers.

5. Mobilize farmers in propagation of assurance of occupational safety and hygiene for them as prescribed.

Article 12. Prohibited acts

1. Concealing, providing false information about occupational accidents or occupational diseases; failing to conform to requests or implement measures for occupational safety and hygiene causing damage or threaten lives, assets and environment; compelling employees to work or prevent employees from leaving the workplace when there are hazards of occupational accidents threatening their health or lives or compelling employees to keep working even though such hazards have not been eliminated.

2. Evading paying or delaying paying insurance premiums; appropriating the insurance premiums or the insurance payout; cheating or forging documents on the insurance; failing to pay the insurance premiums for employees; managing and using the insurance fund not in accordance with regulations of law; illegally assessing database of the insurance.

3. Using machinery, equipment or materials having strict requirements pertaining to occupational safety and hygiene without any inspection or the inspection results show that those machinery, equipment or materials do not meet requirements; have no clear origin, expire; do not ensure quality; or cause environment pollution.

4. Committing a fraud in inspection, training in occupational safety and hygiene, occupational environment monitoring, or medical assessment of decreased work capacity upon occupational accidents or occupational diseases; prevent, make difficulties or cause damage to lawful right and interests of employees and employers in terms of occupational safety and hygiene.

5. Discriminate on grounds of sex in assurance of occupational safety and hygiene; discriminate against employees who refuse to keep working or leave the workplace when they believe that there are hazards of occupational accidents that threaten their lives or health; or discriminate against employees in charge of occupational safety and hygiene of the workplace, discriminate against occupational safety and hygiene officers and health officers.

6. Give work assignment that strictly requires occupational safety and hygiene to employees who have not been trained in occupational safety and hygiene.

7. Pay in cash instead of in-kind allowances.