Guidelines for penalties for violations against legislation on occupational safety and hygiene in Vietnam

Guidelines for penalties for violations against legislation on occupational safety and hygiene in Vietnam (Image from the Internet)

1. Guidelines for penalties for violations against legislation on occupational safety and hygiene in Vietnam

According to the provisions of Article 90 in the Law on occupational safety and hygiene 2015, the handling of violations of law on occupational safety and hygiene is as follows:

- Any person who violates the laws on occupational safety and hygiene shall, depending on the nature and extent of the violation, be subject to administrative penalties or criminal prosecution; if causing damage, they must compensate and remedy the consequences according to the provisions of the law.

- Any person who abuses their position or authority to violate the provisions of the Law on occupational safety and hygiene 2015, infringing upon the interests of the State, the legal rights and interests of organizations, individuals, shall, depending on the nature and extent of the violation, be subject to disciplinary action or criminal prosecution; if causing damage, they must compensate according to the provisions of the law.

- Employers who evade, delay the payment of labor accident and occupational disease insurance, misappropriate contributions, or enjoy benefits contrary to regulations in Clause 2 Article 12 of the Law on occupational safety and hygiene 2015 for 30 days or more, besides having to pay the full amount of unpaid contributions and being subject to legal consequences, shall also have to pay interest twice the average investment interest rate of the Social Insurance Fund of the preceding year on the unpaid amount and duration of delay.

If they do not comply, upon the request of the competent authority, banks, other credit institutions, and the State Treasury are responsible for deducting from the employer's deposit accounts to pay the unpaid amount, delay penalties, and interest to the social insurance agency's account.

- The Government of Vietnam shall detail the acts, forms, and levels of administrative penalties for acts violating occupational safety and hygiene regulations as stipulated in the Law on occupational safety and hygiene 2015.

2. Regulations on the mechanism for cooperation in occupational safety and hygiene works in Vietnam

The mechanism for cooperation in occupational safety and hygiene works in Vietnam is specified in Article 91 of the Law on occupational safety and hygiene 2015 as follows:

- The mechanism for cooperation in occupational safety and hygiene works shall be implemented as follows:

+ The Ministry of Labor - Invalids and Social Affairs shall take the lead, cooperating with ministries, ministerial-level agencies, Government agencies, and People's Committees at the provincial level to implement the coordination content stipulated in Clause 2 Article 91 of the Law on occupational safety and hygiene 2015 within their scope of responsibility;

+ State management agencies on occupational safety and hygiene at all levels shall cooperate with political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, and other organizations in the field of occupational safety and hygiene.

- The coordination content for occupational safety and hygiene includes:

+ Formulating policies and laws on occupational safety and hygiene; standards, technical regulations on occupational safety and hygiene;

+ Developing national programs and dossiers on occupational safety and hygiene;

+ Investigating labor accidents, incidents, and technical failures that compromise occupational safety and hygiene; policies concerning workers injured in labor accidents or suffering from occupational diseases;

+ Information, dissemination, education, training, statistics, and reporting on occupational safety and hygiene; inspection of machines, equipment, and materials subject to strict occupational safety requirements;

+ Inspecting, supervising, and handling violations of law on occupational safety and hygiene;

+ Rewarding achievements in occupational safety and hygiene;

+ Researching and applying science and technology in occupational safety and hygiene.

Vo Tan Dai

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