Do employees in Vietnam have to pay to wear personal protective equipment (PPE)?

Do employees in Vietnam have to pay to wear personal protective equipment (PPE)?

Pursuant to Article 5 of the Circular 25/2022/TT-BLĐTBXH (effective from 01/4/2023) stipulating as follows:

Rules for providing PPE

1. Employers must assess and control dangerous, hazardous factors at workplace as per the law; adopt technology solutions, occupational safety and hygiene techniques, equipment in order to eliminate or minimize effects of dangerous and hazardous factors, and improve working conditions before providing PPE.

2. Employers shall list and provide PPE for employees in accordance with the list under Appendix attached hereto.

3. In addition to listing in accordance with Clause 2 of this Article, employers shall also list and provide PPE for employees in the following cases:

a) Occupations and professions not mentioned under Appendix I attached hereto which dangerous and hazardous factors to employees’ health are deemed present by employers.

b) Occupations and professions mentioned under Appendix I attached hereto which require additional PPE for the purpose of effectively prevent harmful effects of dangerous and hazardous factors in working environments.

4. Employers shall rely on the level of requirement of each occupation and profession at their workplace and recommendations of manufacturers of each type of PPE to determine expiry date and number of PPE in a manner that fits the nature of the occupations and professions and quality of PPE.

5. Depending on specific request, employers provide PPE for individuals visiting the workplace for the purpose of inspecting, investigating, visiting, or studying throughout the inspection, investigation, visit, and studying duration.

6. Employees are not required to pay to wear PPE and have the right to request employers to replenish or change types of PPE to fit actual circumstances.

As regulations above, employees are not required to pay to wear PPE and have the right to request employers to replenish or change types of PPE to fit actual circumstances. 

Which entities in Vietnam are eligible to be equipped with personal protective equipment (PPE) in work?

Pursuant to Article 2 of the Circular 25/2022/TT-BLĐTBXH (effective from 01/4/2023) stipulating entities eligible to be equipped with personal protective equipment (PPE) in work in Vietnam as follows:

Regulated entities

1. Employees mentioned under Clauses 1, 2, and 4 Article 2 of the Law on Occupational Safety and Hygiene.

2. Employers mentioned under Clause 2 Article 3 of the Labor Code.

3. Agencies, organizations, and other individuals related to the provision of PPE in work.

As regulations above, entities eligible to be equipped with personal protective equipment (PPE) in work in Vietnam are:

- Employees with labor contracts; interns; apprentices;

- Officials and civil servants, people’s armed forces;

- Vietnamese employees working abroad under contracts; foreign employees working in Vietnam;

- Employer that is an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements.

An employer that is an individual shall have full legal capacity.

- Agencies, organizations, and other individuals related to the provision of PPE in work.

What are responsibilities of employers when equipping personal protective equipment (PPE) in Vietnam?

Pursuant to Article 8 of the Circular 25/2022/TT-BLĐTBXH (effective from 01/4/2023) stipulating responsibilities of employers when equipping personal protective equipment (PPE) in Vietnam as follows:

- On the basis of this Circular and expiry date of PPE, employers shall consult internal employee representative bodies annually to produce procurement plans (and backup procurement plans) and provide PPE for employees.

- Inspect PPE before issue and during use. If PPE is provided for representatives of teams or factories, organize inspections and supervise the delivery of PPE to employees.

- Record the provision of PPE using form under Appendix II attached hereto in which employees or representatives of teams or factories who receive the PPE must sign.

Employers are encouraged to digitalize the monitoring and provision of PPE and allow employees to apply information technology to verify.

- Consult internal employee representative bodies before deciding on expiry date and quantity of PPE to be provided for employees.

- Ensure adherence to rules of equipping personal protective equipment.

- Upon performing regulations under Clause 3 Article 5 hereof, employers must also submit reports using form under Appendix III attached hereto to the Minister of Labor - War Invalids and Social Affairs to request revision or addition to the list.

Best regards!