Penalties for businesses failing to run adequate first aid and emergency care forces at the workplaces in Vietnam

Penalties for businesses failing to run adequate first aid and emergency care forces at the workplaces in Vietnam (Internet image)

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

1. Regulations on requirements for first aid and emergency treatment in workplaces in Vietnam

Article 5 of Circular 19/2016/TT-BYT regulates the requirements for first aid and emergency treatment in workplaces in Vietnam as follows:

- Personnel administering first aid and emergency, first aid kits and medical equipment shall be available according to the following elements:

+ Types of production and nature of hazards;

+ Number of employees, shifts and shifting time;

+ Risks of occupational accidents in the workplace;

+ Distance from the workplace to the nearest medical facility;

+ Occupational accident statistics (if any).

- Where poisonous and toxic chemicals or corrosive substances are applied, emergency showers and eyewash stations shall be installed in accessible places inside the workplace and shall be maintained in accordance with manufacturer’s manual or regulations of laws (if any).

- Where hazardous chemicals classified under regulations of laws on chemicals are used, a chemical safety inspection checklist which is made in Vietnamese and specifies guidelines for first aid and emergency treatment in case of intoxication of such chemicals shall be put up next to emergency, first aid kits. Where antidotes are available, such antidotes and their use in Vietnamese shall be enclosed with emergency, first aid kits.

- First aider and emergency personnel (hereinafter referred to as “emergency response team”) shall meet all requirements prescribed in Article 7 of Circular 19/2016/TT-BYT.

- The location and quantity of first aid kits, medical equipment, medical rooms or emergency rooms and lists of emergency response team members shall be publicly put up in the workplace.

- First aid kits, emergency equipment and quantity of emergency response team members shall be regularly checked to ensure the compliance with provisions of Circular 19/2016/TT-BYT.

2. Penalties for businesses failing to run adequate first aid and emergency care forces at the workplaces in Vietnam

According to Clause 2, Article 21 of Decree 12/2022/ND-CP, a fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Failing to formulate, issue or organize implementation of plans, rules and regulations on OSH at the workplace, or formulating them without consulting with the grassroots trade union executive committees;

- Failing to establish department or assign person(s) to take charge of OSH tasks or assigning unqualified person(s) to take charge of OSH tasks; failing to establish department or assign person(s) to take charge of healthcare tasks or failing to a healthcare service contract with a qualified health facility or assigning unqualified person(s) to take charge of healthcare tasks;

- Failing to run adequate first aid and emergency care forces at the workplace as prescribed;

- Failing to provide training for first aid and emergency care forces at the workplace, or providing such training courses which do not comply with regulations in force.

Thus, businesses failing to run adequate first aid and emergency care forces at the workplace as prescribed may be fined from 5,000,000 VND to 10,000,000 VND.

* Note: In Clause 1, Article 6 of Decree 12/2022/ND-CP, the fine level according to the above regulations is the fine level for individuals, for the same administrative violation, the fine level is The fine for organizations is equal to 2 times the fine for individuals.

To Quoc Trinh

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