What are the penalties for failing to submit reports on provision of technical safety inspection services in Vietnam?
Vietnam: What is occupational safety?
Pursuant to Article 3 of the Law on Occupational Safety and Hygiene 2015 stipulates as follows:
Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:
1. Business entity means an enterprise, a cooperative, a household or another business entity.
2. Occupational safety means preventive measures for dangerous factors to avoid injuries or deaths to employees during the course of work.
3. Occupational hygiene means preventive measures for harmful factors that cause diseases or health declining of employees during the course of work.
4. Dangerous factor means a factor that causes unsafe condition, injuries or deaths to employees during the course of work.
5. Harmful factor means a factor that cause diseases or health declining to employees during the course of work.
...
According to the above regulations, occupational safety means preventive measures for dangerous factors to avoid injuries or deaths to employees during the course of work.
What are the penalties for failing to submit reports on provision of technical safety inspection services in Vietnam?
What are the penalties for failing to submit reports on provision of technical safety inspection services in Vietnam?
According to Clause 1, Article 26 of Decree 12/2022/ND-CP stipulates as follows:
Violations against regulations on technical safety inspection
1. The following fines shall be imposed upon a technical safety inspection service provider for committing violations against regulations on technical safety inspection:
a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to submit reports on its provision of technical safety inspection services as prescribed;
b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to notify the competent authority that has issued the certificate of eligibility to provide technical safety inspection services of changes in its address of its headquarters or branch;
c) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations: providing technical safety inspection services beyond the scope of the certificate of eligibility to provide technical safety inspection services; failing to comply with inspection procedures; hiring inspectors whose inspector certificate has been revoked or expired; hiring persons who do not possess valid inspector certificates to perform inspection tasks; hiring inspectors without entering into employment contracts or piecework contracts with them; failing to maintain its satisfaction of eligibility requirements to provide technical safety inspection services as prescribed by law; failing to ensure independence and objectivity in providing inspection services;
d) A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for commission of one of the following violations: providing false inspection results; providing inspection results without carrying out any inspections;
dd) A fine ranging from VND 120.000.000 to VND 140.000.000 shall be imposed for commission of one of the following violations: providing inspection services when the certificate of eligibility to provide technical safety inspection services has been expired or revoked or during the period of suspension of inspection services; altering or falsifying the issued certificate of eligibility to provide technical safety inspection services if not liable to criminal prosecution; altering or falsifying any documents included in the application for certificate of eligibility to provide technical safety inspection services if not liable to criminal prosecution; forging any documents included in the application for certificate of eligibility to provide technical safety inspection services if not liable to criminal prosecution; forging certificate of eligibility to provide technical safety inspection services if not liable to criminal prosecution.
...
Accordingly, organizations failing to submit reports on its provision of technical safety inspection services will be administratively sanctioned with a fine ranging from 1 million VND to 3 million VND.
Is it mandatory to submit reports on provision of technical safety inspection services in Vietnam?
Pursuant to Article 32 of the Law on Occupational Safety and Hygiene 2015 stipulates as follows:
Rights and obligations of the organization specialized in occupational safety inspection
1. The organization specialized in occupational safety inspection is a public service provider or an enterprise providing occupational safety inspection services.
2. The organization specialized in occupational safety inspection has rights to:
a) Conduct inspection activities according to agreements on inspection services;
b) Refuse to provide inspection services when it is unsafe to carry out inspection of machinery, equipment or materials;
c) Make complaints or denunciation of acts of obstructing inspection activities;
d) Request organizations or individuals having assessed entities provide materials and information to serve the inspection activities.
3. The organization specialized in occupational safety inspection has obligations to:
a) Provide inspection services within scope and entities as mentioned in the Certificate of eligibility for inspection operation;
b) Conduct inspection activities according to the inspection process;
c) Take responsibility for inspection results, compensation for damage caused by inspection activities as prescribed; and revocation of inspection results issued if any mistake is detected;
d) Send reports on inspection operation to competent authorities as prescribed in Clause 1 and Clause 2 Article 33 of this Law and labor authorities as prescribed;
dd) Archive documents on inspection.
Accordingly, every year, organizations of technical labor safety inspection activities must report to the state management agency competent to manage the field according to regulations and the state management agency on labor on the operational situation. Technical inspection of labor safety has been carried out in accordance with the provisions of law.
LawNet