Chương VI Nghị định 39/2016/NĐ-CP: Quản lý nhà nước về an toàn, vệ sinh lao động

Chapter VI

STATE MANAGEMENT OVER OCCUPATIONAL SAFETY AND SANITATION

Section 1. DEVELOPING THE NATIONAL STANDARDS, DEVELOPING AND ISSUING THE NATIONAL REGULATIONS ON OCCUPATIONAL SAFETY AND SANITATION

Article 39. Responsibility for developing and issuing the national regulations on occupational safety and sanitation

Assigning the development and issuance of national regulations on occupational safety and sanitation of the Ministries as specified in Paragraph 3, Article 87 of the Law on occupational safety and sanitation as follows:

1. Ministry of Health

a) Occupational safety and sanitation for the occupational sanitary factors in working environment, except for radioactive and radiative factors specified under Point a, Paragraph 6 of this Article.

b) Occupational safety for medical equipment with strict requirements on occupational safety.

2. Ministry of Agriculture and Rural Development

a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for: agricultural products, forestry products, aquatic products, salt, livestock, poultry and livestock; agricultural, forestry and aquatic materials, fertilizer; products in farming, harvesting, processing, storage and transportation of agricultural products, forestry products, aquatic products, salt, additive and chemical used in agriculture, forestry and fisheries; plant and animal protection products, irrigation works and dykes.

b) Occupational safety for equipment, machine and materials with strict requirements on occupational safety in the group of machine, equipment and materials of agriculture, forestry, salt production and fisheries.

3. Ministry of Transport

a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for means of transportation, means and equipment of loading and unloading, specialized performance in transportation (except for means used for national defense, security and fishing boat); technical equipment of transportation; means and equipment for exploration and exploitation at sea;

b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: means of transportation must be registered in accordance with regulations of law in the field of transportation; means and equipment of loading and unloading and specialized performance in transportation; means and equipment for exploration and exploitation at sea;

4. Ministry of Industry and Trade

a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for mechanical industry, metallurgy; production, transmission and distribution of electricity, new energy and renewable energy; coal mining; mining, processing, transportation, distribution and storage of oil and gas and petroleum products, except for means and equipment for exploration and exploitation at sea;

b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: industrial explosive materials, pressure equipment, industrial lifting equipment; equipment used for mining, oil and gas extraction, excluding equipment and means for exploration and exploitation at sea.

c) Occupational safety and sanitation for chemicals (including pharmaceutical chemistry), except for cases specified under Point a, Paragraph 1 and Point c, Paragraph 10 of this Article.

5. Ministry of Construction

a) Occupational safety and sanitation in developing technical measures and organization of works construction.

b) Occupational safety for machine and equipment with strict requirements on occupational safety used in construction.

6. Ministry of Science and Technology

a) Occupational safety and sanitation for nuclear reactors, nuclear materials, nuclear source materials, radioactive substances and radiative equipment.

b) Assessment of draft of national technical regulations on occupational safety and sanitation as stipulated in the Law on technical regulations and standards.

7. Ministry of Information and Communications

a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for telecommunication works; telecommunication networks, electronics and information technology.

b) Occupational safety and sanitation for machine and equipment with strict in the requirements on occupational safety in the group of telecommunication machine and equipment; radio transmitters and transceivers.

c) Occupational safety and sanitation for radio frequency in working environment, unless otherwise specified under Point a, Paragraph 1 of this Article.

8. Ministry of Defense

a) Occupational safety and sanitation for military means and equipment, weapons and ammunition, products for national defense and national defense works not subject to state secrets.

b) Occupational safety for machine, equipment and materials with strict requirements on occupational safety specially used for the purpose of national defense and military characteristics.

9. Ministry of Public Security

a) Occupational safety and sanitation for technical equipment, weapons and ammunition, military equipment, explosive materials and other products used for people police forces not subject to state secrets unless otherwise specified under Point a, Paragraph 8 of this Article.

b) Occupational safety for machine and equipment used for fire prevention and fighting with strict requirements on occupational safety.

10. Ministry of Labor - Invalids and Social Affairs

a) Occupational safety and sanitation for personal protection equipment for the employees; technical equipment in vocational establishment; products, goods, services, process and environment not specified under Point a of Paragraph 1, Point a of Paragraph 2, Point a of Paragraph 3, Point a of Paragraph 4, Point a of Paragraph 5, Point a of Paragraph 6, Point a of Paragraph 7, Point a of Paragraph 8, Point a of Paragraph 9 of this Article, except for products, goods, services, process and environment not assigned by the Prime Minister under the provisions of Point Article of this Paragraph;

b) Occupational safety for machine, equipment and materials with strict requirement on occupational safety, except for machine and equipment specified under Point b of Paragraph 1, Point b of Paragraph 2, Point b of Paragraph 3, Point b of Paragraph 4, Point b of Paragraph 5, Point b of Paragraph 6, Point b of Paragraph 7, Point b of Paragraph 9 of this Article excluding machine, equipment and materials with strict requirements on occupational safety not assigned by the Prime Minister according to the provisions under Point d of this Paragraph;

c) Occupational safety and sanitation for the employees involved in chemical activities and management of chemical use in vocational establishments;

d) Coordinates with the ministries and ministerial agencies to request the Prime Minister to assign the tasks of development and issuance of national technical regulations on occupational safety and sanitation for new products, goods, services, process and environment or related to the range of management of ministries and ministerial agencies arising during operation and management.

11. During the development of draft of national technical regulations on occupational safety and sanitation, the ministries and ministerial agencies must gather the opinions publicly and widely from relevant organizations and individuals and opinions from the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health before sending it the Ministry of Science and Technology for assessment;

12. The development of national technical regulations on occupational safety and sanitation must ensure the consistency and uniformity in the entire system.

13. The information providing bodies and inquiry points concerning the technical barriers in trade of the Ministries are responsible for giving information on legal normative documents related to the quality measurement standards in the field of occupational safety and sanitation to the Ministry of Science and Technology to ensure the implementation of transparency in WTO and other free trade Agreements in which Vietnam is a member.

Article 40. Development of national standards on occupational safety and sanitation

1. The ministries and heads of ministerial agencies are responsible for developing the draft of national standards on occupational safety and sanitation within the sectors and areas assigned for management.

2. The organizations and individuals have the right to make suggestions or give comments about the plan for development of national standards on occupational safety and sanitation; give comments about the draft of standards of national standards on occupational safety and sanitation; develop or participate in development of draft of standards of national standards on occupational safety and sanitation to request the Ministry of Science and Technology to conduct the assessment and announcement.

Section 2. NATIONAL COUNCIL FOR OCCUPATIONAL SAFETY AND SANITATION, PROVINCIAL COUNCIL FOR OCCUPATIONAL SAFETY AND SANITATION

Article 41. National council for occupational safety and sanitation

The establishment, functions, duties, organizations and operation of the national Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:

1. The Prime Minister shall decide on the establishment of national Council for occupational safety and sanitation based on the recommendations of the Minister of Labor - Invalids and Social Affairs.

2. The national Council for occupational safety and sanitation is the organization which shall give advice to the Government about new development, amendment or addition of policies and laws on occupational safety and sanitation.

3. The national Council for occupational safety and sanitation comprises of the following members:

a) Council Chairman is the Minister of Labor - Invalids and Social Affairs;

b) Council Vice Chairmen: Deputy Minister of Labor - Invalids and Social Affairs; Deputy Minister of Health and Vice Chairman of Vietnam General Confederation of Labor;

c) Council Members: Leadership representatives of the Ministries of Science and Technology, Public Security, Defense, Interior, Industry and Trade, Construction, Transport, Agriculture and Rural Development, Vietnam Cooperative Alliance, Vietnam Farmer’s Association, Chamber of Commerce and Industry of Vietnam and a number of agencies, organizations, experts and scientists under the decision of the Prime Minister.

4. The national Council for occupational safety and sanitation operates in accordance with the following provisions:

a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in new development, amendment and addition of policies and laws on occupational safety and sanitation operates in accordance with the following provisions:

b) The Council Chairman shall provide for the working regulation of the Council and its standing unit and secretary division.

c) The Council Chairman can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;

d) The funding for operation of the national Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the central budget, aggregated and allocated in the annual budget estimate of the Ministry of Labor - Invalids and Social Affairs.

Article 42. Provincial Council for occupational safety and sanitation

The establishment, functions, duties, organization and operation of the provincial Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:

1. The Chairman of provincial People’s Committee shall decide on the establishment of provincial Council for occupational safety and sanitation based on the recommendations of Director of Department of Labor - Invalids and Social Affairs.

2. The provincial Council for occupational safety and sanitation is the organization which shall give advice to the provincial People’s Committee about implementation of policies and laws on occupational safety and sanitation with the following main contents:

a) Measures to direct and run the implementation of guidelines and policies of the Party and laws of State on occupational safety and sanitation at localities;

b) Development of occupational safety and sanitation Program within localities and insertion in the social-economic development plan;

c) Polices on supporting the employees who do not work under labor contract at localities.

3. The provincial Council for occupational safety and sanitation comprises of the following members:

a) Council Chairman is the Vice Chairman of provincial People’s Committee or Director of Department of Labor - Invalids and Social Affairs;

b) Council Vice Chairmen are the Director or Deputy Director of Department of Labor - Invalids and Social Affairs, leadership representative of Department of Health and leadership representative of provincial Federation of Labor;

c) Council Members are the leadership representatives of Departments: Industry and Trade, Construction, Agriculture and Rural Development, Transport, Science and Technology; leadership of provincial Social Insurance body, Vietnam Cooperative Alliance, Provincial Farmer’s Association and representatives of businesses, agencies, organizations, experts and other scientists by decision of the Chairman of  provincial People’s Committee.

4. Operation of the Council includes the following basic contents:

a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in implementation of policies and laws on occupational safety and sanitation at localities;

b) The Chairman of provincial Council for occupational safety and sanitation provides for the working regulation of the Council, the assisting body and secretary division of the Council.

c) The Chairman of Council can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;

d) The funding for operation of the provincial Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the local budget as decentralized by the law of state budget.

Section 3. COORDINATED INSPECTION AND EXAMINATION OF OCCUPATIONAL SAFETY AND SANITATION

Article 43. Coordinated inspection and examination of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies and governmental agencies to carry out the inspection and examination of occupational safety and sanitation and handle under authority the acts of violation of law on occupational safety and sanitation.

2. The state management agency over the areas of radioactivity, exploration and extraction of oil and gas, means of transportation of railway, waterway, roadway, airway and units of armed forces shall announce the plan for inspection and examination of occupational safety and sanitation in these fields to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs of localities where the inspection is held for coordinated implementation.

3. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall carry out the irregular inspection of occupational safety and sanitation in the areas specified in Paragraph 2 of this Article in the following cases:

a) Under the direction of the Prime Minister;

b) Upon detection of risks of occupational unsafety and insanitation causing serious accident or effect on the employee’s health;

c) At the request of the line ministries.

4. The ministries and ministerial agencies carrying out the inspection of occupational safety and sanitation within their duties and powers of state management shall invite the representative of the Ministry of Labor - Invalids and Social Affairs to participate and send the result of inspection and recommendations to the Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs.

5. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall handle and settle the result of inspection and recommendations of occupational safety and sanitation of the ministries and ministerial agencies under its authority and announce the result to the agency sending the recommendations.

6. The provincial People’s Committee shall provide for the coordination between the Departments and Sectors of localities in inspection or examination of occupational safety and sanitation at localities.

Section 4. DEVELOPMENT OF NATIONAL PROGRAM AND NATIONAL DOSSIER OF OCCUPATIONAL SAFETY AND SANITATION

Article 44. Development of national Program of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies of the Government, provincial People’s Committee and the relevant agencies to develop the national Program of occupational safety and sanitation by each phase of 05 years and submit it to the Prime Minister for approval.

2. The development of national Program of occupational safety and sanitation must have the consultation from the Vietnam General Confederation of Labor.

Article 45. Coordinated development of national Dossier, provision of information and propagation of occupational safety and sanitation

1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries, ministerial agencies, provincial People’s Committees, political organizations, social – political organizations, occupational – social organizations and relevant agencies to annually develop, update and announce the national Dossier of occupational safety and sanitation for every 05 years/01 time. The national Dossier of occupational safety and sanitation is annually updated and at least comprises of the following information:

a) Guidelines and policies of the Party and State in occupational safety and sanitation;

b) System of legal normative documents on occupational safety and sanitation;

c) Organization of apparatus performing the state management over the occupational safety and sanitation; system of bodies which study and provide the training about the occupational safety and sanitation;

d) Coordinated mechanism of state management bodies, trade union organization, employer’s representative organization and relevant organizations;

dd) Programs and events of occupational safety and sanitation at national and provincial level;

e) Activities of inspection, examination, propagation and dissemination of law on occupational safety and sanitation.

g) Services in the field of occupational safety and sanitation;

h) Data of occupational accident and occupational disease and technical incident causing the occupational unsafety and insanitation;

2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies, governmental agencies and provincial People’s Committee to organize the activities of information and propagation on occupational safety and sanitation.

Section 5. TECHNICAL AND SCIENTIFIC STUDY AND APPLICATION IN OCCUPATIONAL SAFETY AND SANITATION

Article 46. Technical and scientific study and application in occupational safety and sanitation

1. The Ministry of Science and Technology uniformly manages the technical and scientific study and application in occupational safety and sanitation.

2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the Ministry of Science and Technology and the relevant agencies to study and recommend the building of laboratory and testing of national standards in service of occupational safety and sanitation.