The list of amended administrative procedures in the field of occupational safety and hygiene in Vietnam

The list of amended administrative procedures in the field of occupational safety and hygiene in Vietnam
Tran Thanh Rin

What are the amended administrative procedures in the field of occupational safety and hygiene in Vietnam according to Decision 1549/QD-LDTBXH? – Thu Thuy (Binh Thuan)

The list of amended administrative procedures in the field of occupational safety and hygiene in Vietnam

The list of amended administrative procedures in the field of occupational safety and hygiene in Vietnam (Internet image)

Regarding this issue,LawNet would like to answer as follows:

On October 16, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Decision 1549/QD-LDTBXH on announcing amended and supplemented administrative procedures in the field of occupational safety and hygiene within the scope of management functions of this Ministry.

The list of amended administrative procedures in the field of occupational safety and hygiene in Vietnam

Specifically, the amended administrative procedures in the field of occupational safety and hygiene within the scope of state management functions of the Ministry of Labor, War Invalids and Social Affairs include the following:

No

Administrative procedure Code

Name of administrative procedure

The name of the Legislaive Document stipulating the content of amendments

Field

Implementing agencies

A. Central level administrative procedures

1

1.000354

Issue Certificate of eligibility for technical inspection of occupational safety

Decree 4/2023/ND-CP dated February 13, 2023 of the Government providing amendments to Decrees on business conditions and administrative procedures within jurisdiction of the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

Field of occupational safety and hygiene

Ministry of Labor, War Invalids and Social Affairs

2

2,000199

Renewal of Certificate of eligibility for technical inspection of occupational safety

Ministry of Labor, War Invalids and Social Affairs

3

1.000137

Re-issuance of the Certificate of eligibility for technical inspection of occupational safety in cases of supplementation or modification of the Certificate

Ministry of Labor, War Invalids and Social Affairs

4

1.000131

Re-issue the Certificate of eligibility for technical inspection of occupational safety for lost or damaged Certificates

Ministry of Labor, War Invalids and Social Affairs

5

1.000148

Issuance of Inspector Certificate

Department of Labor Safety, Ministry of Labor, War Invalids and Social Affairs

6

2.000037

Re-issuance of the Inspector Certificate in cases of supplementing or modifying the content of the Inspector Certificate

Department of Labor Safety, Ministry of Labor, War Invalids and Social Affairs

7

1.000187

Reissue of Inspector Certificate in case of expiration

Department of Labor Safety, Ministry of Labor, War Invalids and Social Affairs

8

1.000183

Reissue of Inspector Certificate in case of damage or loss

Department of Labor Safety, Ministry of Labor, War Invalids and Social Affairs

9

1.000180

Reissue of Inspector Certificate in case of revocation

Department of Labor Safety, Ministry of Labor, War Invalids and Social Affairs

B. Provincial administrative procedures

1

2.000134

Declare to the local Department of Labor, War Invalids and Social Affairs when putting into use machines, equipment and supplies with strict requirements on labor safety.

The field of technical inspection of labor safety for machines, equipment, and materials with strict requirements on labor safety falls under the management authority of the Ministry of Labor, War Invalids and Social Affairs.

Field of occupational safety and hygiene

Department of Labor, War Invalids and Social Affairs

Decision 1549/QD-LDTBXH takes effect from the date of signing.

Prohibited acts in the field of occupational safety and hygiene in Vietnam

According to Article 12 of the Law on Occupational Safety and Hygiene 2015, prohibited acts in the field of occupational safety and hygiene include:

- 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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