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 (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.
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.
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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