Chương 4 Thông tư 27/2013/TT-BLĐTBXH công tác huấn luyện an toàn lao động vệ sinh lao động: Tổ chức hoạt động dịch vụ huấn luyện an toàn lao động, vệ sinh lao động

Chapter 4.

THE OCCUPATIONAL SAFETY AND HYGIENE TRAINING SERVICE INSTITUTIONS

Article 12. The training service institutions, responsibility for occupational safety and hygiene training

1. The training service institutions

a) Organizations eligible as prescribed at Clause 1 Article 13 of this Circular may provide the training service and grant, renew the certified-training paper for group 1; may train group 4;

b) Organizations eligible as prescribed at Clause 2 Article 13 of this Circular may provide the training service and grant, renew the certificate of training for group 2, group 3; may train and grant, renew the certified-training paper for group 1; may train group 4.

2. The establishments shall organize courses of training for laborers under group 4 according to one of the following methods:

a) Self-training if conditions of lecturer satisfy provisions in this Circular.

b) Through the training service institutions.

Article 13. Conditions of material facilities and contingent of lecturers

1. A training service institution may grant the certified-training paper to persons participating in course of training if it has:

a) Lawful head office or contract of renting head office, linkage with the establishments to have a lawful head office for a period not less than 5 years since the day of submitting application for grant of certificate of eligibility for training services;

b) Quantity of rooms for learning theory in line with scale of training; each room has area of 30 m² or more and the average area minimally must be 1.3 m²/ 01 learner;

c) Curriculum and training documents are formulated under the framework curriculum specified at Annex III of this Circular;

d) Not less than 05 frequent or full-time lecturers who may train general knowledge on occupational safety and hygiene.

2. A training service institution may grant the certificate of training to persons participating in course of training if it has:

a) Full conditions for training services as prescribed at Clause 1 of this Article;

b) Heads and persons in charge of accounting and training. Heads and persons in charge of training must graduate university or higher;

c) Full conditions for specialized and practice training, including:

- Quantity of machinery, equipment, chemicals, rooms, workshops, zone for practicing in accordance with the frame curriculum promulgated together with this Circular or contract of legally renting, linking with the establishments to have the machinery, equipment, chemicals, rooms, workshops, zone for practicing corresponding with scale, subjects of training and in time limit not less than 5 years since the day of submitting application for certificate of eligibility for training services; in which area of rooms and workshops for practicing not less than 40 m2 and ensuring the area not less than 1.5 m2 / 01 learner;

- Curriculum and documents of specialized training which are formulated under the framework curriculum promulgated by the Ministry of Labor - Invalid and Social Affair;

- Sufficient quantity of lecturers for specialized training of theory and practice corresponding to scale of training; in which have at least 5 frequent or full-time lecturers for specialized and practice training.

Article 14. Dossiers of and procedures for grant of certificate of eligibility for the occupational safety and hygiene training services

1. Organizations which wish to provide the occupational safety and hygiene training services, base on conditions specified at Article 13, may prepare 01 set of dossier and send it to competent agencies as prescribed at Article 17 of this Circular for appraisal and grant of certificate of eligibility for training services.

2. A dossier of request for grant of certificate of eligibility for the occupational safety and hygiene training services includes:

a) An application for grant of certificate of eligibility for the occupational safety and hygiene training services (form 5, Annex II);

b) Scheme on organizing the occupational safety and hygiene training, in which clearly describing scale of training; conditions and solutions for implementation;

c) Decision on establishment of the training service institution issued by competent agencies or business registration permit (copy);

d) Decision on appointment, or assignment of task for leader and organizational structure of the training institution (copy);

dd) Report on material facilities, managers, contingent of lecturers (form 6, Annex II) and enclosed with dossiers and documents as follows:

- Copy of identity cards, specialized certificates, and certificates for experiences of the training lecturers;

- Copies of dossiers, documents relating to material facilities (enclosed with a list and location of installation) meeting requirements of occupational safety and hygiene training services; contract of renting, contract of training linkage in case where the occupational safety and hygiene training service institution rents or links with other establishments for satisfying conditions on machinery, equipment for training as prescribed in point c Clause 2 Article 13 of this Circular;

- Curriculum of the occupational safety and hygiene training.

3. Within 30 days, after receiving full valid dossier of institution requesting for grant of certificate, the competent agencies as prescribed at Article 17 of this Circular must conduct appraisal and grant certificate of eligibility for training services which is entitled to grant the certified-training paper (Form 7, 8 Annex II) or grant the certificate of training (Form 9 Annex II). If refusing grant, the competent agencies must notify in writing in which clearly stating reason thereof to the applicant.

Article 15. Duration of certificate, renew of certificate of eligibility for the occupational safety and hygiene training services to the training service institutions

1. The validity time of certificate of eligibility for the occupational safety and hygiene training services will be 5 years. Before a certificate is expired, within 60 days, if the training service institution still continue operation, it must send a written request to the competent agencies as prescribed at Article 17 of this Circular for conducting re-appraisal. If result of appraisal satisfies requirements as prescribed, such training service institution will be granted new certificate. Duration and process of re-appraisal shall implement as the first-time appraisal.

2. If certificate is damaged or lost, the training service institution shall make a written explanation and send it to the agency grant certificate for regrant.

Article 16. Withdrawal of certificate of eligibility for training services

Certificate of eligibility for training services will be withdrawn in the following cases:

1. Failing to ensure conditions for training as stated in request for grant of certificate of eligibility for training services or organizing courses of training without satisfaction of necessary conditions as prescribed at Article 13 of this Circular.

2. Continuously twice failing to conduct periodical report as prescribed at Clause 4 Article 21 of this Circular.

3. After the time of suspension of training operation under sanctioning decision of competent agencies, failing to overcome violations which lead to suspension of operation.

4. Being sanctioned administratively by competent agencies for 03 times for 01 violation or 03 times within one year.

5. Conducting operation of training in time of operation suspension under decisions of competent agencies.

6. Forging or providing dishonestly-declared documents in dossiers of grant, regrant, supplementation, amendment of certificate.

7. Failing to organize courses of training but still granting the certified paper, certificate of training.

8. Erasing content of certificate of eligibility for training services.

Article 17. The authority for grant and withdrawal of certificate of eligibility for training services

1. The authority of Department of Labor safety

a) To appraise and grant certificate of eligibility for the training services which is entitled to grant the certified-training paper, for the training service institutions meeting full conditions as prescribed at Clause 1 Article 13 of this Circular and established under decision of Ministries, sectors and agencies at central level, Groups and state-owned corporation, management boards of industrial parks, processing and exporting zones, economic zones;

b) To appraise and grant certificate of eligibility for the training services which is entitled to grant the certificate of training, for the training service institutions meeting full conditions as prescribed at Clause 2 Article 13 of this Circular;

c) To decide on withdrawal of certificate of eligibility for the training services under the granting authority of the Department of Labor safety if the training service institutions violate regulation in Article 16 of this Circular.

2. The authority of Departments of Labor, Invalids and Social Affairs of provinces and central-affiliated cities.

a) To appraise and grant the certificate of eligibility for the training services which is entitled to grant the certified-training paper, for the training service institutions meeting full conditions as prescribed at Clause 1 Article 13 of this Circular, and being established under decision of the provincial/municipal competent agencies;

b) To decide on withdrawal of certificate of eligibility for the training services under the granting authority of the Departments of Labor, Invalids and Social Affairs if the training service institutions violate regulation in Article 16 of this Circular.

3. Competent agencies, as prescribed by law, during executing public tasks, have right to sanction administrative violations, propose the agencies competent to grant of certificate of eligibility for the training services for withdrawal of such certificates or criminal prosecution as prescribed by law.

4. The provincial/municipal Departments of Labor, Invalids and Social Affairs and competent agencies as prescribed at Clause 3 this Article have obligation to notify in writing the Department of Labor safety about grant, withdrawal of certificates of eligibility for the training services or decisions on suspending operation of training within 7 working days after granting, withdrawing such certificates or from the day of decisions on suspending operation of training of the training service institutions.