Chapter III
ORGANIZATION FOR IMPLEMENTATION
Article 7. Responsibilities of Work Safety Department
1. Based on proposal of employers and the Ministry, Work Safety Department shall take change and cooperate with relevant authorities and agencies, organizations engaging in occupational safety and hygiene research in reviewing and assessing the List of occupation in order to request the Minister of Labor - War Invalids and Social affairs to consider and decide on amendments to the List of occupation in accordance with Article 22 of the Law on Occupational Safety and Hygiene.
2. Regularly, periodically, and irregularly inspect, examine, and supervise assessment of working conditions as per the law.
Article 8. Responsibilities of Departments of Labor – War Invalids and Social Affairs
1. Cooperate with relevant agencies in disseminating and guiding enterprises in the provinces implementing this Circular.
2. Inspect, examine, and produce reports on assessment of working conditions in provinces as per the law.
Article 9 Amendment, addition, or removal of occupations from the List of occupation
1. The amendment, addition, or removal of occupation from the List of occupation must fulfill the following principles:
a) The review and assessment must be conducted for occupations in specific sector.
b) The sampling process for review and assessment must be implemented in a manner suitable for models and scale of manufacturing facilities, business facilities, and service facilities and representative of sampling regions.
c) Work review, assessment, and classification results shall be used for proposing amendment, addition, or removal of occupations from the List of occupation if the proposal is made within 12 months from the date on which results are produced.
2. Based on work classification results produced by methods under this Circular, if an occupation needs to be amended, added, or removed from the List of occupation, employer shall submit the request to the Ministry overseeing the sector and Ministry of Labor - War Invalids and Social Affairs.
Documents attached to written request for amendment, addition, or removal of occupations from the List of occupation:
a) Summary of current conditions of professional titles of the sector and comparison to the List of occupation promulgated by the Minister of Labor - War Invalids and Social Affairs; reasons for addition or amendment.
b) Measurement and assessment data of characteristic factors regarding working conditions of occupations requested to be added, amended and consolidated result form according to Appendix II attached hereto.
c) Consolidated schedule of amendment, addition of arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations according to Appendix III attached hereto.
3. Ministries overseeing sector shall review arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations; consider request of employers to submit proposal for amendment or addition to the List of occupation to Ministry of Labor - War Invalids and Social Affairs in order to meet socio-economic development, information technology, and management from time to time.
Article 10. Responsibilities of employers and relevant agencies
1. Employers shall review, assess, and classify work initially and in case of any change to technology, production procedures which lead to changes in working conditions and when discovering new hazardous, dangerous factors which were not discovered in the previous assessment session as long as working condition review, assessment, and classification are conducted once every 5 years.
2. Regarding occupations in the List of occupation where employers have adopted measures to reduce or eliminate arduous, toxic, hazardous factors at workplace, the employers shall organize assessment, and classification and request the Ministry of Labor - War Invalids and Social Affairs to comment on the work assessment and classification results. In this case, attach documents under Clause 2 Article 9 hereof.
3. Organize work assessment and classification using methods under this Circular.
4. Employers and relevant agencies, organizations are responsible for providing adequate policies for employees engaging in arduous, toxic, and dangerous occupations and very arduous, toxic, and dangerous occupations as per relevant laws.
5. If occupations that have been assessed and classified in accordance with Clause 2 of this Article lost the characteristic working conditions of an arduous, toxic, and hazardous occupation or a very arduous, toxic, and hazardous occupation, employers are not required to implement policies for employees engaging in such occupations after consulting Ministry of Labor - War Invalids and Social Affairs.
Article 11. Implementation
1. This Circular comes into force from April 15, 2022.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.
Tìm kiếm
Thông tư 29/2021/TT-BLĐTBXH quy định về tiêu chuẩn phân loại lao động theo điều kiện lao động do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành (Bản Word)
Thông tư 29/2021/TT-BLĐTBXH quy định về tiêu chuẩn phân loại lao động theo điều kiện lao động do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành (Bản Pdf)