Chương III Luật lực lượng tham gia bảo vệ an ninh, trật tự ở cơ sở 2023: Xây dựng lực lượng, bảo đảm điều kiện hoạt động đối với lực lượng tham gia bảo vệ an ninh, trật tự ở cơ sở

CIRCULAR

PROVIDING FOR OCCUPATIONAL SAFETY AND HYGIENE TRAINING

Pursuant to Article 150 of the Labor Code dated June 18, 2012;

Pursuant to the Government’s Decree No. 45/2013/ND-CP dated May 10, 2013, detailing a number of articles of the labor code on hours of work, hours of rest, occupational safety and hygiene;

Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

At the proposal of Director of the Department of Occupational safety;

The Minister of Labor - Invalids and Social Affairs promulgates Circular providing for the occupational safety and hygiene training.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides guide on implementation of Clause 4, Article 150 of the Labor Code, providing for conditions for occupational safety and hygiene training service institutions; formulation of the framework curriculum on occupational safety and hygiene training; list of jobs with strict requirements on occupational safety and hygiene.

2. In furtherance of the Government’s Decree No. 45/2013/ND-CP dated May 10, 2013, detailing a number of articles of the labor code on hours of work, hours of rest, occupational safety and hygiene, on guiding and managing the occupational safety and hygiene training.

3. This Circular does not regulate activities of occupational safety and hygiene training under programs and projects of State, international organizations and other cases specified by International treaties to which the Socialist Republic of Vietnam has signed or acceded.

Article 2. Subjects of application

1. Enterprises, agencies, units, organizations, cooperatives, households, individuals employing or using laborers (hereinafter abbreviated to the establishments).

2. The occupational safety and hygiene training service institutions (hereinafter abbreviated to the training service institutions) and other relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. The training service institutions mean non-business units, enterprises and other institutions which are established in accordance with law and provide the occupational safety and hygiene training service.

2. The frequent-or full-time lecturers mean lecturers in payroll or work under labor contracts with duration of 12 months or longer.

Chapter 2.

ORGANIZATION OF OCCUPATIONAL SAFETY AND HYGIENE TRAINING

Article 4. Objects of occupational safety and hygiene training

Objects of occupational safety and hygiene training as prescribed at Article 139, Article 150 of the Labor Code are specified into the following groups:

1. Group 1: Managers (except for case of part-time working as prescribed at point b Clause 2 of this Article) including:

a) Directors, deputy directors of enterprises; heads and deputies of branches affiliated enterprises; persons in charge of the administrative and personnel work; directors of workshops or equivalent units;

b) Chairpersons, vice chairpersons of cooperatives, heads of personal business households; heads of households employing laborers under labor contracts;

c) Heads and deputies of: State non-business units, production, business and service units of non-business administrative agencies, political organizations, social-political organizations, professional-social organizations, units in People’s Army and People’s Public Security; foreign organizations, international organizations based on Vietnam’s territory and employing laborers under labor contracts.

2. Group 2:

a) Full-time or part-time Officials in charge of occupational safety and hygiene at establishments

b) Managers in part-time charge of occupational safety and hygiene.

3. Group 3:

Laborers doing jobs with strict requirements on occupational safety and hygiene under the list promulgated together with this Circular (Annex I).

4. Group 4:

Laborers excluded in 3 above groups (including laborers being Vietnamese, foreigners working in Vietnam and persons on vocational training or apprenticeship or probationary to work for the employers)

Article 5. Content of training

1. Training for group 1

Group 1 shall principally be provided training on general knowledge as follows:

a) Policies and law on occupational safety and hygiene;

b) Organization of management and implementation of regulations on occupational safety and hygiene at the establishments;

c) Dangerous and hazardous elements in production and remedial and preventive measures.

2. Training for group 2

Group 2 shall be provided training on general knowledge including:

a) General knowledge as Group 1;

b) Professional operations on organization of implementing the work of occupational safety and hygiene at the establishments;

c) Overview of machinery, equipment, substances generating dangerous and hazardous elements; process for safe working.

3. Training for group 3

Group 3 shall be provided training on general and specialized knowledge including:

a) Policies and law on occupational safety and hygiene;

b) Overview of the jobs and equipment with strict requirements on occupational safety and hygiene;

c) Dangerous and hazardous elements upon doing jobs or operating the equipment with strict requirements on occupational safety and hygiene;

d) Occupational safety and health techniques upon doing the jobs or operating the equipment with strict requirements on occupational safety and hygiene;

dd) Handling of various production incidents and first aid for victims in cases of labor accidents.

4. Training for group 4

Content of training for group 4 includes 2 parts as follows:

a) Part 1: Providing general knowledge on occupational safety and hygiene (concentrated training);

b) Part 2: Requirements on occupational safety and hygiene at the working place.

Article 6. The period and documents of training

1. The period of training

The minimum period of training for each group is specified as follows:

a) Group 1 and group 4: total time of training will be not less than 16 hours, including examination time;

b) Group 2: total time of training will be not less than 48 hours, including time of theory and practice training and examination time;

c) Group 3: total time of training will be not less than 30 hours, including examination time.

2. Documents of training

Documents of training will be prepared, based on each object of training, practical conditions and the training framework curriculum promulgated by the Ministry of Labor - Invalid and Social Affair.

Article 7. Standards of the training lecturers, archival of lecturer records

1. Standards of the training lecturers

a) Case of training general knowledge

Lecturers must be persons graduated university or higher and have one of the following conditions:

- Having worked on occupational safety and hygiene at state management agencies, associations, mass associations, or research agencies, for at least 5 years;

- Having worked on occupational safety and hygiene at non-business units, enterprises for at least 7 years and having certificate of the training lecturer granted at an eligible training service institution under decision on selection by the Department of Occupational safety, the Ministry of Labor - Invalid and Social Affair;

b) Case of specialized training

- The lecturers of theory training must be persons graduated university or higher in suitable branches and have one of the following conditions:

+ Having worked involving occupational safety and hygiene at research agencies, associations, mass associations or the work of state management on occupational safety and hygiene, for at least 5 years.

+ Having worked in fields with strict requirements on occupational safety and hygiene at non-business units, enterprises for at least 5 years and having certificate of the training lecturer granted at an eligible training service institution under decision on selection by the Department of Occupational safety, the Ministry of Labor - Invalid and Social Affair;

- Case of practical training:

+ Practical training for group 2: the practical lecturers must persons graduated college or higher, in a specialized branch suitable with content of training and must be fluent the work practicing with machinery, equipment, chemicals, jobs subject to practice according to the training framework curriculum for group 2 promulgated together with this Circular;

+ Practical training for group 3: Lecturers must be persons graduated intermediate-level schools or higher in a specialized branch suitable with training content; having worked in fields with strict requirements on occupational safety and hygiene or involving the work of occupational safety and hygiene at the establishments in line with content of training, for at least 5 years.

+ Practical training for group 4: Lecturers must be persons graduated technical-intermediate schools or higher or having worked practically for at least 5 years.

2. Archival of lecturer records of training

The training service institutions and the establishments organizing courses of training must archive copies of lecturer records including identity cards, specialized certificates, and confirmations for experiences of the training lecturers.

Article 8. The certified paper and certificate of training

1. Subjects who are granted the certified paper and certificate of training

a) Group 1: Persons who pass examination after participating in course of training will be granted the certified-training paper

b) Group 2, 3: Persons who pass examination after participating in course of training will be granted certificate of training.

c) Group 4: the training result will be recorded in monitoring book of training at the establishments.

2. Validity time of the certified paper and certificate of training; renew of the certified paper and certificate of training

a) Validity time of the certified paper and certificate of training

- The certified-training paper will be valid for 2 years;

- Certificate of training will be valid for 5 years;

b) Renew of the certified paper and certificate of training

- The establishments will prepare a list of persons possessing the certified-training paper before the expiry date for 60 days, enclosed with photocopies of the certified-training paper already been granted and send them to the training service institution granted the certified paper or certificate of training for being trained periodically. If the training result meet requirements, they will be renewed the certified-training paper;

- The establishments will prepare a list of persons possessing the certificate of training before the expiry date for 60 days, enclosed with photocopies of the certificate of training already been granted and send them to the training service institution granted the certificate for being renewed certificate of training;

- Do not renew for cases where the certified paper and certificate of training is expired as prescribed at Clause 5 of this Article;

c) The training service institutions shall print and grant the certified paper and certificate of training according to the form specified in this Circular (form 1, 2 Annex II).

3. If a certified paper or certificate of training is damaged or lost, holder of such certified paper or certificate of training shall prepare a written explanation with confirmation of the establishments and send it to the training service institution granted such certified paper or certificate of training for being renewed.

4. Management of the certified paper, certificate, monitoring book of training

a) The training service institutions shall open a monitoring book, grant number of the certified paper and certificate of training for the trained subjects (form No.3, at Annex II);

b) The establishments organizing course of training shall open a monitoring book of training at establishments (form No.4 at Annex II).

5. The certified paper, certificate of training will be expired in the following case:

a) The time stated in the certified paper, certificate of training is expired;

b) Persons granted the certified paper, certificate of training fail to participate in retraining, periodical training as prescribed at Article 9 of this Circular.

Article 9. Training in case of changing job, retraining and periodical training

1. Training in case of changing job

When the trained subjects change from this job to other job, equipment or technology changes, before receive job, these subjects must be trained content of occupational safety and hygiene in line with new job, and granted new certified paper or certificate of training; for the training subjects of group 4, result of training must be written in the monitoring book of training at establishments.

2. Retraining

If establishments stop operation or laborers leave job for 6 months or more, before turn back for working, laborers must be retrained contents as prescribed at Article 5 of this Circular as follows: Group 1 shall be trained content at point c Clause 1; group 2 shall be trained content at points b and c Clause 2; group 3 shall be trained content at points c, d, dd Clause 3; group 4 shall be trained content at point b Clause 4. The training period is equal to 50% of the initial training period.

3. Periodical training

a) Training for group 1:

Two year once since the effective date of the certified-training paper, the persons under group 1 must participate in periodical training to be renewed the certified-training paper at the training service institution.

b) Training for group 2, group 3

Two year once since the effective date of the certificate of training, the persons under groups 2, 3 must participate in periodical training at the training service institution granted certificate of training.

c) Training for group 4

It shall be organized at least once each year.

4. Program and period of periodic training

Program of periodic training apply as program of first-time training; period of periodic training is equal to 50% of the first-time training period.

Chapter 3.

CURRICULUM

Article 10. Formulation of curriculum

1. Curriculum means regulations on structure of content, quantity, time of training parts, period rate between theory and practice, ensuring objective for each trained job.

2. Curriculum is formulated in line with each group of trained subjects on the basis of legislations; in line with national standards and regulations on occupational safety and hygiene; in line with practical conditions at the establishments.

3. Structure of curriculum include content of general training part and content of specific training part; in which the specific training part shall be decided by the training service institutions and the establishments organizing course of training on the basis of analyzing, assessing the separate characteristics in line with occupations and practical labor conditions at establishments.

Article 11. Study period of curriculum

1. Time of 1 study hour is 60 minutes.

2. Learners must participate fully the study time of theory and practice to be participated in examination.

3. Examination time of theory and practice skill will be included in the minimum study time of curriculum. Duration of theory examination will be 60 minutes minimally and 120 minutes maximally; duration of practical examination will do not exceed 180 minutes.

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.

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 antoanlaodong@molisa.gov.vn.

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.

Chapter 6.

PROVISIONS OF IMPLEMENTATION

Article 22. Transitional provisions

1. The employers, persons in charge of the work of occupational safety and hygiene, and laborers who have been trained according to the Circular No. 37/2005/TT-BLDTBXH, must be trained as prescribed in this Circular when the prescribe time limit is over.

2. The certified-training papers and occupational safety cards which have been issued according to the Circular No. 37/2005/TT-BLDTBXH and Circular No. 41/2011/TT-BLDTBXH before the effective day of this Circular shall still be valid until the expired date.

3. Within 03 months, after the effective day of this Circular, the training institutions which are operating must prepare full material facilities and lecturers as prescribed in this Circular for being appraised for grant of certificate of eligibility for training services. After this time limit, any training institution which fails to satisfy the necessary conditions as prescribed in this Circular shall not be permitted operation.

Article 23. Effect

1. This Circular takes effect on December 15, 2013.

2. The Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005, of the Ministry of Labor - Invalid and Social Affair, guiding the occupational safety and health training and Circular No. 41/2011/TT-BLDTBXH dated December 28, 2011 of the Ministry of Labor - Invalid and Social Affair, amending and supplementing a number of Articles of Circular No.37/2005/TT-BLDTBXH dated 29/12/2005 of the Minister of Labor - Invalids and Social Affairs guiding on occupational safety and health training shall cease to be effective on the effective date of this Circular.

During the course of implementation, any arising problems should be reported to the Ministry of Labor - Invalid and Social Affair for research and settlement.

ANNEX I

LIST OF JOBS WITH STRICT REQUIREMENTS ON OCCUPATIONAL SAFETY AND HEALTH (Promulgated together with the Circular No. 27/2013/TT-BLDTBXH dated October 18, 2013 of the Ministry of Labor - Invalid and Social Affair)

1. Assembling, operating, maintain, repairing, dismantling, checking, supervising operation of machines, devices according to the list of machines, devices, appliances with strict requirements on occupational safety as promulgated by the Ministry of Labor - Invalid and Social Affair.

2. Producing, using, storing and transporting dangerous and hazardous chemicals according to the classification of the Globally Harmonized System (GHS) of Chemical Classification and Labeling.

3. Testing, producing, using, storing and transporting various explosives and explosive means such as detonators, explosive lines, delay lines, etc.

4. Operating, maintain, repairing, dismantling, checking and supervising operation of pile drivers, pile-drilling machines, machine hammer, vessels or machines dredging sludge, pumping engine or grout pumping, concrete machines.

5. Assembling, operating, maintain, repairing, cleaning various grinding, sawing, cutting, tearing, sewing, battering, shaping, charging, crushing, grinding, mixing, rolling, centrifugation, drying, sorting, pressing, rolling, peeling, packing, buffing, etc machines, conveyor belt, water gun, compressed-air gun, industrial printers.

6. Making mold, refining, laminating, molding, cleaning, plating, polishing metals; ore refining, coke refining; working in zone of cement clinker rotary furnaces, fireproof-material and building material furnaces, coke refining, carbide refining; operating, repairing, checking, supervising, supplying raw materials, output of products, waste of incinerators, kilns, furnaces.

7. Jobs at high and dangerous places, on mobile floors, rivers, on the sea, and deeply underwater.

8. Operating, repairing and maintaining machinery, equipment in caves, holds.

9. Assembling, operating, maintain, repairing, dismantling machinery, devices of receiving and generating wave with electromagnetic field at high frequency, X-ray, C-t machines.

10. Geological, terrain, marine scenery, geophysical surveying; surveying, exploring, exploiting minerals and petroleum.

11. Working in anoxia places or places able to generate toxic airs such as trenches, tunnels, tanks, wells, sewers and underground works, works of sewage and garbage treatment; industrial sanitation, environmental sanitation, breeding facility sanitation.

12. Building, assembling, making, destroying, cleaning and maintaining structures or constructions.

13. Repairing, maintaining, installing electric devices; building, installing, operating, maintaining and repairing electrical system; welding, cutting metals.

ANNEX II

FORMS RELEVANT TO TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE
(Enclosed to the Circular No. 27/2013/TT-BLDTBXH dated October 18, 2013 by Ministry of Labour, War Invalids and Social Affairs)

Form 1: Confirmation of training in occupational safety and hygiene

Outer side: Printed in blue; size: 13 x 19cm

Inner side:

Form 2: Certificate of training in occupational safety and hygiene

Outer side: Printed in red; size: 13 x 19cm

Form 3: Record of training in occupational safety and hygiene of training service providers

RECORD OF ISSUANCE OF CERTIFICATES OF TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE

Year 20……….

I – GROUP 1

II – GROUP 2

III – GROUP 3

Form 4: Record of training in occupational safety and hygiene for establishments

  RECORD OF TRAINING IN OCCUPATIONAL SAFETY AND HYGIENE 

Year 20……….

I – GROUP 1

II – GROUP 2

III – GROUP 3

IV – GROUP 4