What is the penalty imposed on employers in Vietnam who continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory?
- Can the employer continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory?
- What is the penalty imposed on employers in Vietnam who continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory?
- What acts are prohibited in ensuring occupational safety and hygiene in Vietnam?
Can the employer continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory?
According to Clause 3, Article 12 of the 2015 Law on Occupational Safety and Hygiene in Vietnam on the prohibited acts as follows:
Prohibited acts
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3. Using machinery, equipment or materials having strict requirements pertaining to occupational safety and hygiene without any inspection or the inspection results show that those machinery, equipment or materials do not meet requirements; have no clear origin, expire; do not ensure quality; or cause environment pollution.
Thus, the employer is not allowed to continue using equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory.
What is the penalty imposed on employers in Vietnam who continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory? (Image from the Internet)
What is the penalty imposed on employers in Vietnam who continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory?
According to Article 24 of Decree No. 12/2022/ND-CP, violations against regulations on use of machines and equipment subject to strict occupational safety and hygiene (OSH) requirements are regulated as follows:
Violations against regulations on use of machines and equipment subject to strict OSH requirements
The following fines shall be imposed for violating regulations on use of machines, equipment and supplies subject to strict occupational safety requirements:
1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for failing to notify the local Department of Labour, War Invalids and Social Affairs within a duration of 30 days before or after putting machines, equipment and supplies subject to strict occupational safety requirements into use.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to retain adequate technical documents on machines, equipment and supplies subject to strict occupational safety requirements.
3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations: violating any provision laid down in national technical regulations on OSH for use of machines, equipment and supplies subject to strict occupational safety requirements; using machines, equipment and supplies subject to strict occupational safety requirements which have not yet been certified as compliant with corresponding national technical regulations; using machines, equipment and supplies subject to strict occupational safety requirements which are of unknown origin or whose service life has been expired.
4. The following fines shall be imposed for failing to carry out inspections before use or failing to carry out periodic inspections during use of machines, equipment and supplies subject to strict occupational safety requirements:
a) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 01 - 03 pieces of machines, equipment and supplies;
b) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation involves 04 - 10 pieces of machines, equipment and supplies;
c) A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed if the violation involves 11 - 20 pieces of machines, equipment and supplies;
d) A fine of VND 75.000.000 shall be imposed if the violation involves 21 pieces of machines, equipment and supplies, or more.
5. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for continuing using machines, equipment and supplies subject to strict occupational safety requirements whose inspection results are unsatisfactory.
Thus, employers who continue to use equipment subject to strict occupational safety requirements whose inspection results are unsatisfactory may be fined up to VND 75.000.000.
What acts are prohibited in ensuring occupational safety and hygiene in Vietnam?
Pursuant to Article 12 of the 2015 Law on Occupational Safety and Hygiene in Vietnam stipulating the prohibited acts as follows:
- Concealing, providing false information about occupational accidents or occupational diseases; failing to conform to requests or implement measures for occupational safety and hygiene causing damage or threaten lives, assets and environment; compelling employees to work or prevent employees from leaving the workplace when there are hazards of occupational accidents threatening their health or lives or compelling employees to keep working even though such hazards have not been eliminated.
- Evading paying or delaying paying insurance premiums; appropriating the insurance premiums or the insurance payout; cheating or forging documents on the insurance; failing to pay the insurance premiums for employees; managing and using the insurance fund not in accordance with regulations of law; illegally assessing database of the insurance.
- Using machinery, equipment or materials having strict requirements pertaining to occupational safety and hygiene without any inspection or the inspection results show that those machinery, equipment or materials do not meet requirements; have no clear origin, expire; do not ensure quality; or cause environment pollution.
- Committing a fraud in inspection, training in occupational safety and hygiene, occupational environment monitoring, or medical assessment of decreased work capacity upon occupational accidents or occupational diseases; prevent, make difficulties or cause damage to lawful right and interests of employees and employers in terms of occupational safety and hygiene.
- Discriminate on grounds of sex in assurance of occupational safety and hygiene; discriminate against employees who refuse to keep working or leave the workplace when they believe that there are hazards of occupational accidents that threaten their lives or health; or discriminate against employees in charge of occupational safety and hygiene of the workplace, discriminate against occupational safety and hygiene officers and health officers.
- Give work assignment that strictly requires occupational safety and hygiene to employees who have not been trained in occupational safety and hygiene.
- Pay in cash instead of in-kind allowances.
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