Chương 5 Thông tư 27/2013/TT-BLĐTBXH công tác huấn luyện an toàn lao động vệ sinh lao động: Tổ chức thực hiện

Chapter 5.

ORGANIZATION OF IMPLEMENTATION

Article 18. The responsibilities of Department of Labor safety

1. To organize provision of information, propagation, guide implementation of this Circular on means of mass media at central level; to organize courses of training, guiding for ministries, sectors, localities and relevant organizations and mass associations.

2. To set up the database and disclosure list of the training service institutions which are granted certificates of eligibility for the training services, list of the training service institutions which are suspended, withdrawn certificates, handled violations on website of the Department of Labor safety, the Ministry of Labor - Invalid and Social Affair at address http:\\www.antoanlaodong.gov.vn.

3. To organize examination and supervision annually or irregularly for the training service institutions nationwide.

4. To coordinate with inspectorate of the Ministry of Labor - Invalid and Social Affair and competent agencies in settling complaints and denunciations involving operation of occupational safety and hygiene training as prescribed by law.

Article 19. The responsibilities of the provincial/municipal Departments of Labor, Invalids and Social Affairs

1. To organize provision of information, propagation, guide implementation of this Circular to sectors, levels and establishments employing laborers and the training service institutions in their localities.

2. To inspect, examine, supervise and settle complaints and denunciations involving the work of occupational safety and hygiene training as prescribed by law.

3. To appraisal the detailed curriculum of the establishments within 10 days after receiving request for appraisal of the establishments. In case of refusal, they must clearly state reason thereof.

4. Annually, sum up and report to the Ministry of Labor - Invalid and Social Affair (through the Department of Labor safety) about implementation of this Circular together with reports on the work of occupational safety and hygiene in their localities.

Article 20. The responsibilities of the training service institutions

1. The training service institutions (including institutions established before the effective date of this Circular) shall prepare a dossier of applying for grant of the certificate of eligibility for the training services and send it to competent agencies as prescribed in Article 17 of this Circular for appraisal and grant of certificate of eligibility for operation.

2. To ensure the material facilities, contingent of lecturers and to organize management ensuring quality of courses of occupational safety and hygiene training as prescribed by law.

3. To notify (by official dispatch, fax or email) about curriculum, period, location of training before organize courses of training for at least 7 days in order to be examined, supervised activities of training. Notifications will be sent to the following agencies:

a) The Department of Labor safety, the Ministry of Labor - Invalid and Social Affair, for activities of training in order to grant the certificate of training;

b) The provincial/municipal Departments of Labor, Invalids and Social Affairs in the same locality where the course of training is organized, applicable to activities of training for grant of the certified paper and certificate of training.

4. Biannually, the training service institutions must send report in writing about result of training (form 10, Annex II) to the Ministry of Labor - Invalid and Social Affair (through the Department of Labor safety) and the provincial/municipal Departments of Labor, War Invalids and Social Affairs (where unit locates head office and where activities of training are carried out). Time limit of report is before January 10 (report of first 6 months of year), before January 10 of next year (annual report), and send email to the Department of Labor safety at address [email protected].

5. When change address of head office or branch, the training service institutions must notify in writing agencies competent to grant of certificate of training operation for at least 7 working days before changing.

6. When the training service institutions wish to change objects of training, they must prepare dossier to apply for grant of additional certificate. When the training service institutions stop operation of training, they must send notification to agencies competent to grant certificate of eligibility for the training service for the withdrawal.

7. To pay costs in serve of appraisal and grant of certificate of eligibility for the training services, including:

a) Taking picture and printing documents related to the appraisal and grant of certificate;

b) Means of travel and other costs as prescribed by state in serve of the appraisal;

c) To organize a meeting to approve record of appraisal for conditions of the training service institution at such institution;

d) The costs mentioned above shall be accounted in costs for regular operation, costs for production and business and considered as rationale costs for tax calculation and tax payment of the training service institution, in accordance with current tax legislations.

Article 21. The responsibilities of the establishments

1. To make plan on training, arrange time for objects under their management to be trained fully as required by law.

2. To make a list of jobs with strict requirements on occupational safety and hygiene and list of laborers doing such respective jobs.

3. To formulate a detailed curriculum on the basis of the frame curriculum for group 4 and the practical conditions, submit it to the provincial/municipal Departments of Labor, Invalids and Social Affairs for appraisal and approval. To base on the approved detailed curriculum, the establishments shall formulate documents for training and organize courses of training for laborers.

4. Annually, report to the provincial/municipal Departments of Labor, Invalids and Social Affairs about implementation of occupational safety and hygiene training together with reports on the work of occupational safety and hygiene in localities where the establishments locate head offices and localities where laborers work.

5. To pay fully wage and other interests for objects under their management during the course of participating in training as prescribed by law.

6. To pay costs for the occupational safety and hygiene training and be entitled to account into the production cost.

7. To keep documents of training and result of examination and test on occupational safety and hygiene for at least 5 years.

8. In case of employing laborers under form of assignment of a package of work, through contractors, renting the laborers from other organizations, the employers (in case of renting the laborers from other organizations, mean the employer of the party rented laborers from other organizations) must be responsible for training occupational safety and hygiene for laborers as prescribed in this Circular.