How much is the administrative penalty imposed on the employer failing to establish a department in charge of occupational safety and hygiene in Vietnam?
- Does the employer establish a department or appoint employees in charge of occupational safety and hygiene in Vietnam?
- How much is the administrative penalty imposed on the employer failing to establish a department or appoint employees in charge of occupational safety and hygiene in Vietnam?
- What are the rights of employees in terms of occupational safety and hygiene in Vietnam?
Does the employer establish a department or appoint employees in charge of occupational safety and hygiene in Vietnam?
According to Clause 2, Article 7 of the 2015 Law on Occupational Safety and Hygiene in Vietnam on the employer's rights and obligations of employers in terms of occupational safety and hygiene as follows:
Rights and obligations of employers in terms of occupational safety and hygiene
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2. Every employer has the following obligations:
a) Implement and cooperate with relevant agencies or organizations in assurance of occupational safety and hygiene at the workplace within their responsibility to employees and relevant persons; and pay insurance premiums for employees;
b) Provide training in regulations, internal regulations, and measures for occupational safety and hygiene; provide adequate occupational equipment or tools to ensure occupational safety and hygiene; provide healthcare and occupational disease check-ups; carry out adequate policies applicable to victims;
c) Do not compel employees to keep working or to return their workplace when the hazards of occupational accidents that seriously threatens lives and health of the employees still exist;
d) Appoint employees in charge of supervision and inspection of implementation of internal regulations, process and measures for assurance of occupational safety and hygiene at the workplace as prescribed;
dd) Establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene;
e) Make reports, carry out investigations, release statistics, and send reports on occupational accidents and occupational diseases, serious safety threat; release statistics and send reports on implementation of occupational safety and hygiene; and comply with decisions on occupational safety and hygiene made by specialized inspectorate.
g) Consult with Executive board of internal trade union about formulation of plans, internal regulations, process and measures for assurance of occupational safety and hygiene.
Thus, according to regulations, the employer is obliged to establish a department or appoint employees in charge of occupational safety and hygiene; cooperate with Executive board of internal trade union in establishment of network of occupational safety and hygiene officers; assign responsibility and entitlements related to occupational safety and hygiene.
How much is the administrative penalty imposed on the employer failing to establish a department in charge of occupational safety and hygiene in Vietnam? (Image from the Internet)
How much is the administrative penalty imposed on the employer failing to establish a department or appoint employees in charge of occupational safety and hygiene in Vietnam?
Pursuant to Clause 2, Article 21 of Decree No. 12/2022/ND-CP, violations against regulations on occupational safety and hygiene (OSH) measures are prescribed as follows:
Violations against regulations on occupational safety and hygiene measures
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2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to formulate, issue or organize implementation of plans, rules and regulations on OSH at the workplace, or formulating them without consulting with the grassroots trade union executive committees;
b) Failing to establish department or assign person(s) to take charge of OSH tasks or assigning unqualified person(s) to take charge of OSH tasks; failing to establish department or assign person(s) to take charge of healthcare tasks or failing to a healthcare service contract with a qualified health facility or assigning unqualified person(s) to take charge of healthcare tasks;
c) Failing to run adequate first aid and emergency care forces at the workplace as prescribed;
d) Failing to provide training for first aid and emergency care forces at the workplace, or providing such training courses which do not comply with regulations in force.
Thus, the employer failing to establish department or assign person(s) to take charge of OSH tasks or assigning unqualified person(s) to take charge of OSH tasks may be administratively fined up to VND 10,000,000.
What are the rights of employees in terms of occupational safety and hygiene in Vietnam?
According to Clause 1, Article 6 of the 2015 Law on Occupational Safety and Hygiene in Vietnam, every employee with employment contracts has rights to:
- Obtain assurance of equal, safe and hygienic working conditions; request his/her employer to ensure safe and hygienic working conditions during the course of work at the workplace;
- Receive adequate information about dangerous or harmful factors at workplace and prevention measures; receive training in occupational safety and hygiene;
- Receive benefits in terms of personal protective equipment, healthcare, occupational disease check-ups; have premiums of insurance against occupational accidents and occupational diseases (hereinafter referred to as the insurance) paid by his/her employer; receive the insurance benefits for victims; receive payment for assessment fees for injuries or diseases caused by occupational accidents and occupational diseases; proactively take medical assessment of decreased work capacity and receive payment for assessment fees in case the employee is entitled to an increase in benefit occupational accident benefit and occupational disease benefit according to the assessment results;
- Request his/her the employer to assign him/her appropriate works when their health condition becomes stable after treatment;
- Refuse works or quit the workplace but still receive full salary without consideration as violations against labor discipline if he/she clearly recognize the hazards of occupational accidents that seriously threaten their life and heath, provided that he/she immediately informs their senior manager; and keep working when the senior manager and the person in charge of occupational safety and hygiene coped with the hazards;
- Make complaints, denunciation or take legal proceedings as prescribed.
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