Latest standards to be satisfied by occupational safety and hygiene trainers in Vietnam

Latest standards to be satisfied by occupational safety and hygiene trainers in Vietnam (Internet image)

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

1. Latest standards to be satisfied by occupational safety and hygiene trainers in Vietnam

Standards to be satisfied by occupational safety and hygiene trainers according to Article 22 of Decree 44/2016/ND-CP (amended in Decree 140/2018/ND-CP) are as follows:

- A trainer providing training in polices and laws on occupational safety and hygiene must:

+ obtain at least a bachelor's degree and have at least 03 years' experience of developing policies and laws on and carrying out inspection and management of occupational safety and hygiene; or

+ obtain at least a  degree of associate and have at least 04 years' experience of developing policies and laws on and carrying out inspection and management of occupational safety and hygiene;

- A trainer providing professional training in occupational safety and hygiene and basic knowledge of occupational safety and hygiene must:

+ obtain at least a bachelor's degree and have at least 03 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

+ obtain at least a degree of associate and have at least 04 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

+ be in charge of occupational safety and hygiene at enterprises not mentioned in Points and b of Clause 2 of Article 22 of Decree 44/2016/ND-CP (amended in Decree 140/2018/ND-CP)and have at least 05 years’ experience working in the field of occupational safety and hygiene.

- A specialized theory trainer must:

+ obtain at least a relevant bachelor's degree and have at least 03 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof; or

+ obtain at least a relevant degree of associate and have at least 04 years' experience of developing policies and laws on occupational safety and hygiene and organizing the implementation thereof.

- Regarding provision of practice training:

+ A trainer providing practice training for group 2 must obtain at least a relevant degree of associate and be proficient at machinery, equipment, chemicals and practice-based tasks according to the training program;

+ A trainer providing practice training for group 3 must obtain at least a relevant Level 4 of VQF Diploma, have at least 03 years' experience of performing the tasks subject to strict requirements for occupational safety and hygiene or the tasks related to occupational safety and hygiene at a facility relevant to the training contents;

+ A trainer providing practice training for group 4 must obtain at least a relevant Level 4 of VQF Diploma in engineering or have at least 03 years' experience of performing the tasks related to the training contents;

+ A trainer providing training in occupational first aid and emergency aid must obtain at least a degree of associate in medicine and have at least 03 years’ experience of directly engaging in first aid and emergency aid or must be a doctor of medicine;

+ A person who is in charge of occupational safety and hygiene at enterprises not mentioned in Points a, b and c of Clause 4 of Article 22 of Decree 44/2016/ND-CP (amended in Decree 140/2018/ND-CP) but has at least 04 years’ experience working in the field of occupational safety and hygiene is entitled to provide practice training as prescribed in Points a, b and c of Clause 4 of Article 22 of Decree 44/2016/ND-CP (amended in Decree 140/2018/ND-CP) relevant to his/her experience.

- The Ministry of Labor, War Invalids and Social Affairs shall elaborate the training program tailored for occupational safety and hygiene trainers, exemption from trained contents, organization of tests and issuance of certificate.

- Every 5 years, every trainer must join a refresher course to update knowledge, information, policies, laws, science and technology in respect of occupational safety and hygiene, except the trainer mentioned in Clause 1 of Article 22 of Decree 44/2016/ND-CP (amended in Decree 140/2018/ND-CP) and first aid trainer.

- The organization of refresher course offered to occupational safety and hygiene trainers must be recorded and the course result must be reported to Ministry of Labor, War Invalids and Social Affairs.

2. General regulations on training in occupational safety and hygiene in Vietnam

General regulations on training in occupational safety and hygiene according to Article 14 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- 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.

- 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.

- 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 Clause 3 of Article 14 of the Law on Occupational Safety and Hygiene 2015 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.

- 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 Article 14 of the Law on Occupational Safety and Hygiene 2015, apprentices, and interns before they are recruited or assigned tasks, and the employer shall periodically provide retraining for them.

- 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.

- The Minister of Labor, War Invalids and Social Affairs shall promulgate List of occupations that strictly require occupational safety and hygiene with the consent of relevant managing Ministries.

- Institution providing training in occupational safety and hygiene (hereinafter referred to as institutions) means a public service provider or an enterprise which provide training in occupational safety and hygiene as prescribed in legislation on investment and the Law on Occupational Safety and Hygiene 2015.

Any enterprise self-providing training in occupational safety and hygiene to those prescribed in Clause 1, 2 and 3 of Article 14 of the Law on Occupational Safety and Hygiene 2015 must satisfy requirements similarly to an institution.

- The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the institutions as prescribed in Clause 7 of Article 14 of the Law on Occupational Safety and Hygiene 2015, and training and self-training in occupational safety and hygiene.

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