Chương III Nghị định 31/2015/NĐ-CP: Công việc ảnh hưởng trực tiếp đến an toàn, sức khỏe của cá nhân người lao động hoặc cộng đồng phải có chứng chỉ kỹ năng nghề quốc gia

Chapter III

JOBS DIRECTLY AFFECTING THE SAFETY AND HEALTH OF EMPLOYEES OR THE COMMUNITY FOR WHICH A CERTIFICATE OF NATIONAL OCCUPATIONAL SKILLS IS REQUIRED

Article 28. List of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required

1. Jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required include:

a/ Those on the lists of particularly hard, hazardous and dangerous jobs;

b/ Jobs, when performed, will directly affect the safety of the community or health of other persons!

2. The proposal, change, removal and addition of jobs to the list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be made according to the following principles:

a/ To select jobs prescribed in Clause 1 of this Article for inclusion in the list according to a roadmap in order to ensure feasible implementation, and limitation of impacts on employees and employers and disruption of activities of enterprises and the society;

b/ To propose change or removal of listed jobs when those jobs change their names or no longer exist.

3. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required shall be arranged according to the current system of economic industries of Vietnam.

4. The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required are specified in the Appendix to this Decree (not translated).

Article 29. Proposal of change, removal and addition of jobs on the list of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required

1. Annually, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their functions and powers, direct agencies and organizations under their management in considering and proposing the change, removal and addition of jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and send them to the Ministry of Labor, War Invalids and Social Affairs for summarization.

2. The Ministry of Labor, War Invalids and Social Affairs shall summarize and coordinate with ministries, sectors, socio-political organizations, socio-politico-professional organizations and professional general associations, associations and societies in considering proposals of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to change, remove and add jobs directly affecting the safety and health of employees and the community for which a certificate of national occupational skills is required, and submit them to the Government.

Article 30. Time of application

The list of jobs directly affecting the safety and health of employees or the community for which a certificate of national occupational skills is required prescribed in Article 28 of this Decree shall be made as follows:

1. Within 1 (one) year after the effective date of this Decree, the agencies prescribed in Clauses 2 and 3, Article 32 of the Law on Employment shall organize the establishment, appraisal and announcement of national occupational skills standards for occupations involving jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree.

2. Within 3 (three) years after the effective date of this Decree:

a/ The Ministry of Labor, War Invalids and Social Affairs shall organize the assessment and grant of certificates of national occupational skills for employees doing jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree;

b/ Employers hiring or employing employees under contracts to perform jobs on the list of jobs directly affecting the safety and health of employees and the community prescribed in this Decree shall create conditions for employees to participate in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to improve professional and technical knowledge, practice skills and observance of the occupational safety and hygiene process for participation in the assessment and grant of certificates of national occupational skills; or create conditions for them to attend training courses to find new jobs.