Chương VI Luật an toàn vệ sinh lao động 2015: Quản lý nhà nước về an toàn, vệ sinh lao động

Chapter VI

STATE MONITORING OF OCCUPATIONAL SAFETY AND HYGIENE

Article 82. Contents of state monitoring of occupational safety and hygiene

1. Promulgate and implement legislative documents on occupational safety and hygiene; formulate, promulgate or announce national technical standards for occupational safety and hygiene, local technical standards for occupational safety and hygiene within the competence.

2. Propagate and raise public awareness of legislation on occupational safety and hygiene.

3. Monitor, release statistics and provide information about occupational accidents and occupational diseases; formulate national program for occupational safety and hygiene.

4. Manage the organization and operation of services providers of occupational safety and hygiene.

5. Research and apply safety and hygiene technologies.

6. Inspect and deal with complaints, denunciation and violations against legislation on occupational safety and hygiene.

7. Provide training in occupational safety and hygiene.

8. Conduct international cooperation in occupational safety and hygiene.

Article 83. The roles of regulatory agencies in occupational safety and hygiene

1. The Government shall be in charge of state management of occupational safety and hygiene nationwide.

2. The Ministry of Labor, War Invalids and Social Affairs shall take responsibility to the Government for in charge of state management of occupational safety and hygiene nationwide.

3. Ministries, ministerial agencies shall be in charge of state management of occupational safety and hygiene within their competence.

4. The People’s Committees shall be in charge of state management in terms of occupational safety and hygiene within their competence.

Article 84. The roles of the Minister of Labor, War Invalids and Social Affairs in occupational safety and hygiene

1. Formulate and request the competent agencies to promulgate and implement legislation, policies and plans for occupational safety and hygiene, national program for occupational safety and hygiene; and keep national records of occupational safety and hygiene.

2. Issue the List of machinery, equipment, materials or substances having strict safety and hygiene requirements as prescribed in Clause 2 Article 28 of this Law, carry out state management of training in occupational safety and hygiene and inspection of those machinery, equipment, materials or substances.

3. Formulate and discuss about national technical standards for occupational safety and hygiene as prescribed in Article 87 of this Law.

4. Monitor, collect and provide information about occupational safety and hygiene; release statistics on occupational safety and hygiene as prescribed in legislation on statistics.

5. Propagate and raise public awareness of legislation on occupational safety and hygiene; prevent safety threat, avoid occupational accidents and occupational diseases.

6. Request the Government to decide the handling measures when necessary to protect legitimate rights and interests of employees in terms of the insurance.

7. Inspect and deal with violations against occupational safety and hygiene; investigate or cooperate in investigation of occupational accidents, safety threat; and request the Ministry of Public Security and the People’s Supreme Procuracy to investigate and take actions against occupational accidents with signs of crime.

8. Conduct international cooperation in occupational safety and hygiene.

Article 85. The roles of the Minister of Health in occupational safety and hygiene

1. Formulate and request the competent agencies to promulgate legislative documents on occupational environment monitoring; assess, control and manage harmful factors at the workplace; manage and carry out the occupational environment monitoring.

2. Formulate national technical standards for occupational safety and hygiene regarding occupational hygiene factors in the occupational environment; and offer opinions about occupational hygiene within their competence prescribed in Clause 5 Article 87 of this Law.

3. Provide guidance on management of occupational hygiene and prevention of occupational diseases.

4. Provide guidance on health check-ups, occupational disease check-ups, medical assessment of decreased work capacity, and treatment and health rehabilitation for employees suffering from occupational accidents or suffering occupational diseases, and manage occupational health records.

5. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in formulation of contents of training in occupational hygiene; propagate and raise public awareness of legislation on occupational hygiene.

6. Formulate, promulgate and regularly inspect for amendments to the List of occupational diseases prescribed in Clause 1 Article 37 of this Law; carry out assessment of occupational diseases; formulate and promulgate health standards for each occupation with the consent of relevant Ministries and agencies.

7. Monitor, collect and provide information about occupational hygiene; release statistics and create database of occupational diseases; and manage the employees’ health at the workplace.

8. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in formulation of assessment criteria for the List of heavy, harmful and dangerous occupations and severely heavy, harmful and dangerous occupations.

9. Cooperate with the Ministry of Labor, War Invalids and Social Affairs in inspection of observance of legislation on occupational hygiene as prescribed.

10. Annually send reports on implementation of policies and legislation on occupational safety and hygiene within their managing field to the Ministry of Labor, War Invalids and Social Affairs.

Article 86. The roles of the People’s Committees in occupational safety and hygiene

1. Formulate and request the competent agencies to promulgate legislative documents and local technical standards.

2. Manage occupational safety and hygiene at local governments; formulate and implement policies and legislation on occupational safety and hygiene at local governments.

3. Annually send reports on implementation of policies and legislation on occupational safety and hygiene at local governments to the People’s Councils or send irregular reports at the request of competent agencies as prescribed.

4. Annually propagate and raise public awareness of legislation on occupational safety and hygiene on administrative divisions suitable for the local condition; give priority to employees without labor contracts at local governments.

5. Inspect and deal with violations against legislation on occupational safety and hygiene at local governments.

Article 87. Formulating and promulgating national standards for occupational safety and hygiene and formulating and promulgating National technical regulation on occupational safety and hygiene

1. The Ministry of Science and Technology shall approve plans for formulation of national standards for occupational safety and hygiene and promulgate the national standards for occupational safety and hygiene.

2. The Ministry of Labor, War Invalids and Social Affairs shall take charge and cooperate with relevant Ministries and ministerial-level agencies in making plans for formulation of National technical regulation on occupational safety and hygiene.

3. Ministries or ministerial-level agencies shall formulate national standards for occupational safety and hygiene and formulate and promulgate National technical regulation on occupational safety and hygiene within their competence assigned by the Government with the consent of the Ministry of Labor, War Invalids and Social Affairs; if the Ministry of Labor, War Invalids and Social Affairs does not concur, the Ministries or ministerial-level agencies shall send reports to the Prime Minister for consideration and decision.

National standards for and National technical regulation on occupational safety and hygiene shall be assessed by the Ministry of Science and Technology as prescribed in the Law on Technical regulations and standards.

4. The Ministry of Labor, War Invalids and Social Affairs shall formulate national standards and promulgate National technical regulation on occupational safety and hygiene within their competence as prescribed in Clause 3 of this Article; cooperate with Ministries and ministerial-level agencies in requesting the Prime Minister to assign responsibility for formulation of national standards, formulation and promulgation of new National technical regulation or the national technical regulation relates to management scope of multiple Ministries or ministerial-level agencies.

5. The Ministry of Health shall formulate national standards for occupational safety and hygiene and promulgate National technical regulation on occupational safety and hygiene within their competence as prescribed in Article 85 of this Law; discuss with other Ministries or ministerial-level agencies about formulation of national standards for or National technical regulation on occupational safety and hygiene.

Article 88. National council of occupational safety and hygiene and Provincial councils of occupational safety and hygiene

1. National council of occupational safety and hygiene means an advisory organization giving advices on new formulation or amendments to policies or legislation on occupational safety and hygiene to the Government. The National council shall be established by the Prime Minister, including representatives of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, Vietnam General Confederation of Labor, Vietnam Farmers' Union, employers, relevant Ministries, agency and specialists or scientists specialized in occupational safety and hygiene.

2. Provincial council of occupational safety and hygiene means an advisory organization giving advices on implementation of polices or legislation on occupational safety and hygiene at local government to the People’s Committee. Each Provincial council shall be established by the President of the provincial People’s Committee, including representatives of Services of Labor, War Invalids and Social Affairs, Services of Health, Confederation of Labor, Farmers' Union, enterprises, agencies, organizations and specialists or scientists specialized in occupational safety and hygiene at local governments.

3. Annually, the Council of occupational safety and hygiene shall hold discussion to share information, improve relationship among employers, employees, trade unions, representatives of employers and regulatory agencies to promote the fair and safe working condition for employees, and improve the development and implementation of policies and legislation on occupational safety and hygiene.

4. The Government provide guidance on establishment, functions, tasks, organization and operation of National council of occupational safety and hygiene and Provincial councils of occupational safety and hygiene.

Article 89. Occupational Safety and Hygiene Inspectorate

1. Occupational Safety and Hygiene Inspectorate means a specialized inspectorate affiliated to the labor authority of government or province.

2. The occupational safety and hygiene inspectorate shall cooperate with competent agencies in inspection of occupational safety and hygiene in terms of radioactivity, petroleum exploration and extraction, vehicles of rail transport, waterway, road transport, air transport, and units of People’s armed forces.

3. The Government shall provide guidance on organization and operation of Occupational Safety and Hygiene Inspectorate prescribed in Clause 1 of this Article and interdisciplinary cooperate regime prescribed in Clause 2 of this Article.

Article 90. Penalties for violations against legislation on occupational safety and hygiene

1. Any person committing violations against legislation on occupational safety and hygiene shall face administrative penalties or criminal prosecution depending on their nature and severity; and he/she shall pay compensation for damage (if any) and eliminate the consequences as prescribed.

2. Any person misusing power and authority to commit violations against this Law or infringing interests of the state, lawful rights and interests of organizations or individuals shall face administrative penalties or criminal prosecution depending on their nature and severity; and he/she shall pay compensation for damage (if any) as prescribed.

3. Any employer who evades or makes late payment of the insurance premiums, appropriate the insurance premiums or payout prescribed in Clause 2 Article 12 of this Law for at least 30 days, he/she is required to pay the outstanding insurance premiums and face penalties as prescribed and pay interests twice the average investment interest of the Social security fund of the preceding year according to the outstanding amount of money; if not, the bank, the credit institution or the state treasury shall withdraw deposit account of the employer to pay the outstanding premiums and their interests and send to the account of the social security agency at the request of the competent agency.

4. The Government shall provide guidance on acts, methods and penalties for administrative violations in terms of occupational safety and hygiene as prescribed in this Law.

Article 91. Mechanism for cooperation in occupational safety and hygiene works

1. Cooperation regime for occupational safety and hygiene shall be carried out as follows:

a) The Ministry of Labor, War Invalids and Social Affairs shall take charge and cooperate with Ministries, ministerial-level agencies, Governmental agencies, People's Committees of provinces in implementation of regulations of Clause 2 of this Article within their competence;

b) State management agencies of occupational safety and hygiene shall cooperate with political organizations, socio-political organizations, political-socio-professional organizations, socio-professional organizations and other organizations in terms of occupational safety and hygiene.

2. Contents of cooperation regime for occupational safety and hygiene:

a) Formulate policies and legislation on occupational safety and hygiene; technical regulations and standards for occupational safety and hygiene;

b) Formulate national programs or records of occupational safety and hygiene;

c) Investigate occupational accidents; accidents, safety threat; polices applicable to employees suffering from occupational accidents or occupational diseases;

d) Propagate, raise public awareness, provide training, release statistics and send reports on occupational safety and hygiene; inspect machinery, equipment and materials having strict safety and hygiene requirements ;

dd) Inspect and supervise occupational safety and hygiene and impose penalties for violations against legislation on occupational safety and hygiene;

e) Give commendation for occupational safety and hygiene;

g) Research and apply safety and hygiene technologies.

3. The Government shall provide guidance on this Article.