Chương IX Luật Lao động 1994: An toàn lao động, vệ sinh lao động

Chapter IX

LABOR SAFETY, LABOR SANITATION

Article 95.-

1- The employer has the responsibility to fully provide the employees with equipment for labor safety and labor sanitation and to improve their working conditions. The employee must observe the regulation on labor safety, labor sanitation and the labor rules of the business. All organizations and individuals related to labor and production must observe legislation on labor safety, labor sanitation and environmental protection.

2- The Government shall set up the national program for labor protection, labor safety, labor sanitation and integrate it in the social-economic development plan and budget of the State; invest in scientific research and support the development of enterprises engaged in producing instruments for labor safety, labor sanitation and equipment for personal safety; and publish the standards, rules and measures for labor safety and labor sanitation.

3- The Vietnam General Confederation of Labor shall join the Government to establish the national program for labor protection, labor safety, labor sanitation and to expand programs of scientific research and legislation on labor protection, labor safety and labor sanitation.

Article 96.-

1- In new construction, or in the expansion and transformation, of establishments for production, utilization, maintenance, storage and stockpiling of machines, equipment, materials and substances, which require strict labor safety and labor sanitation, measures must be provided to ensure labor safety and labor sanitation at the work places of the employees and the environment as prescribed by law.

The list of machines, equipment, materials and substances requiring strict labor safety and labor sanitation shall be published by the Ministry of Labor, War Invalids and Social Welfare and the Ministry of Public Health.

2- The production, utilization, maintenance and transportation of machines, equipment, materials, energy, electricity, chemicals, fertilizers, herbicides, rat poisons as well as the change of technology and importation of new technology shall be done in conformity with the standards of labor safety and labor sanitation. The machinery, equipment, material and substances which require strict labor safety and sanitation must be declared, registered and licensed by the State Inspection Office on labor safety or labor sanitation.

Article 97.- The employer must ensure that the place of employment meet the standards on space, ventilation, lighting and the prescribed maximum limits on dust, steam, noxious gases, radiation, magnetism, heat, noise, vibration and other harmful factors. These factors must be controlled and measured regularly.

Article 98.-

1- The employer must provide regular control and maintenance of the machines, equipment, building structures and storage according to the standards of labor safety and sanitation.

2- The employer must equip those parts of machines and equipment at the business which are likely to provoke accidents with requisite safety features and guards. At the work place of the business, in places where machines and equipment are installed, and in areas where noxious and dangerous elements are present, arrangements must be made to provide protection against accident, including the posting of prominent instructing signals on labor safety and labor sanitation at visible places.

Article 99.-

1- When at a place of work, machinery or equipment, there is a danger of labor accident or occupational disease, the employer must take remedial measures immediately or must order immediate cessation of operations at the said place until the danger has been removed.

2- The employee has the right to refuse to work or to leave the working place when he/she detects that an imminent labor accident is seriously threatening his/her life or health, but he/she must immediately warn the person directly responsible for the danger. The employer must not force the employee to continue his/her work or return to the working place so long as the danger has not been removed.

Article 100.- A working place where dangerous and noxious elements exist and are likely to provoke labor accidents, must be equipped by the employer with technical and medical devices as well as appropriate labor protection equipment, to ensure prompt first aid when an accident occurs.

Article 101.- The employee performing dangerous or noxious jobs must be equipped adequately with personal protection means.

The employer must ensure the provision of means for personal protection, consistent with the standards of quality and design prescribed by law.

Article 102.- In hiring and deploying labor, the employer shall base his/her decision on the health criteria for each type of work. The employer must organize training and guidance for the employee on the regulations and measures for safety and sanitation, as well as the dangers of accident which need to be aware of in the work of each employee.

The employee must be given a health check at the time of hiring and periodical health checks according to the prescribed requirements, the cost of the health checks for the employee is borne by the employer.

Article 103.- The business has the responsibility to organize health care for the employees and must give prompt first aid and emergency aid to the employees when necessary.

Article 104.- The employee working at places where dangerous or noxious elements exit shall receive compensation in kind, enjoys preferential treatment in the setting of work and break time, as prescribed by law.

The employee working in exposure to noxious elements or bacteria must be provided by the employer with measures for detoxification and disinfection and personal hygiene after work.

Article 105.- A labor accident is an accident that causes injuries to any party or function of the body of the employee or death to the employee during the course of work associated with the execution of a job or a task.

The victim of a labor accident must be given prompt first aid and thorough treatment. The employer must take responsibility, as prescribed by law, for the occurrence of the labor accident.

Article 106.- An occupational disease is a disease caused by the harmful effects of the labor conditions on the employee. A list of the occupation diseases shall be published by the Ministry of Public Health and the Ministry of Labor, War Invalids and Social Welfare, after consultation with the Vietnam General Confederation of Labor and the representative of the employers.

The employee suffering from an occupational disease must be provided with thorough treatment and periodical medical checks and a specific medical record must be maintained for that employee.

Article 107.-

1- The employee incapacitated by either a labor accident or an occupational disease shall receive a general examination by the Labor Medical Examination Board to classify both his/her injury and the rate of his/her disability and shall undergo rehabilitation to restore his/her labor capabilities. If later the employee can continue to work, he/she shall be assigned a job suited to his/her health, according to the conclusion of the Labor Medical Examination Board.

2- The employer must bear all the medical costs, from the first aid and emergency care through completion of the treatment to the victim of labor accident or occupational disease. The employee is entitled to social insurance in case of labor accident or occupational disease. If the business has not joined any form of statutory social insurance, the employer must pay the employee a sum equal to that provided for in the Social Insurance Statute.

3- The employer has the responsibility to pay compensation in a amount equal to, at minimum, 30 months of the salary of the employee who suffers a reduction by 81% and more of his/her labor capacity, or an equivalent amount to the close relatives of an employee who dies as a result of a labor accident or an occupational disease not of his/her own fault. When the injury or death of an employee is the result of his/her own fault, the employee is the result of his/her own fault, the employee still receive an allowance equal to, at minimum, 12 months of his/her salary.

Article 108.- All labor accidents and cases of occupational disease must be declared, investigated, recorded in writing, statisticized and periodically reported as prescribed by law.

It is strictly forbidden to conceal or falsely declare or report labor accidents and occupational diseases.