Is it permissible for enterprises in Vietnam to issue their own occupational safety cards?

Is it permissible for enterprises in Vietnam to issue their own occupational safety cards? - image from internet

Pursuant to Article 14 of the Law on occupational safety and hygiene in 2015 stipulating training in occupational safety and hygiene:

1. Managers in charge of occupational safety and hygiene, persons in charge of occupational safety and hygiene, health officers, occupational safety and hygiene officers in the business entities are required to participate in training in occupational safety and hygiene and they are issued certificates by institutions providing training in occupational safety and hygiene upon their examination pass.

If there is any change in policies, law or science and technology in terms of occupational safety and hygiene, they must be provided with training in new knowledge about occupational safety and hygiene.

2. The employer shall provide training for employees who do work having strict safety and hygiene requirements and grant them safety cards before giving work assignment.

3. The employees without labor contracts who do work having strict safety and hygiene requirements must be trained in occupational safety and hygiene and granted safety cards.

The State shall adopt policies on tuition support for employees prescribed in this Clause upon their participation in the training courses. Tuition fees, beneficiaries and time for support shall be prescribed by the Government depending on socio-economic development in each period.

4. The employer shall self-provide training and take responsibility for quality of their training courses in occupational safety and hygiene for employees other than those prescribed in Clause 1, 2 and 3 of this Article, apprentices, and interns before they are recruited or assigned tasks, and the employer shall periodically provide retraining for them.

5. The training in occupational safety and hygiene prescribed in this Article must be conformable with characteristics and nature of each business line, job position, and business scope without interrupting the business operation. According to their business entity condition, the employer shall provide separate training course in occupational safety and hygiene or combine training course in occupational safety and hygiene and training course in fire safety or other training courses as prescribed in specialized legislation.

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Pursuant to Clauses 11 and 14, Article 1 of the Decree 140/2018/ND-CP stipulating conditions for enterprises in Vietnam to issue their own occupational safety cards:

Clause 11:

Article 26. Classification of training organizations, conditions for operation and issuance of certificate of eligibility for provision of training

1. Training organizations shall be classified according to the characteristics and complexity of the persons eligible to be provided with training. To be specific:

a) Grade A training organizations provide training for groups 4 and 6;

b) Grade B training organizations provide training for groups 1, 4, 5 and 6;

c) Grade C training organizations provide training for groups 1, 2, 3, 4, 5 and 6.

2. A Grade A training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m2;

b) have at least 02 full-time trainers providing training in laws and professional knowledge and 01 occupational first aid and emergency aid trainer;

c) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree;

d) have machinery, equipment, workshop and training area that ensure occupational safety and hygiene as prescribed in Clauses 1 and 2 Article 16 of the Law on Occupational Safety and Hygiene.

3. A Grade B training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m2;

b) have or sign a lease or cooperation contract to have machinery, equipment, chemicals, workshop and practice area in accordance with occupational safety and hygiene requirements and training contents applied for.

c) have at least 04 full-time trainers providing training in laws and professional knowledge, two of whom are in charge of professional knowledge and practice training relevant to the training contents applied for and in charge of occupational first aid and emergency aid training;

d) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree.

4. A Grade C training organization must:

a) have or sign a lease or cooperation contract to have at least 01 classroom with an area of at least 30 m2;

b) have or sign a lease or cooperation contract to have machinery, equipment, chemicals, workshop and practice area in accordance with occupational safety and hygiene requirements and training contents applied for. Machinery, equipment, materials, chemicals and practice area must ensure occupational safety and hygiene requirements as prescribed by law. A practice area must have an area of at least 300 m2;

c) have at least 04 full-time trainers providing training in laws and professional knowledge, two of whom are in charge of professional knowledge and practice training relevant to the training contents applied for and in charge of occupational first aid and emergency aid training;

d) have training documents that are suitable for the persons eligible to be provided with training and prepared according to the training program specified in this Decree.

Clause 14:

2. Procedures for considering and assessing conditions for provision of training to be satisfied by the enterprise that provides training in occupational safety and hygiene itself are as follows:

a) The enterprise that wishes to provide training in occupational safety and hygiene at Grade B or C itself shall send a declaration of eligibility for provision of training as if the training organization sends the declaration to the competent authority as prescribed in Article 27 of this Decree. The enterprise eligible to provide training in occupational safety and hygiene at Grade A itself shall publish the declaration of eligibility for self-training in occupational safety and hygiene on its website or send it to the employment authority of the province where the enterprise is located.

b) Within 25 working days from the receipt of the satisfactory application, the competent authority shall consider issuing the certificate of eligibility for self-training at Grade B and Grade C.

After the aforementioned time limit, if the competent authority does not give any response of enterprise’s ineligibility for provision of training, the enterprise is entitled to provide training itself within the registered scope.

c) The certificate of eligibility for self-training at Grade B and Grade C shall remain valid for 5 years. 30 days before the expiration date of the certificate, the enterprise that wishes to keep providing training itself shall send a declaration of eligibility for self-training to the competent authority for re-consideration.

As regulated above, it is permissible for enterprises in Vietnam to issue their own occupational safety cards if they satify all above conditions.

Best regards!