Regulations on establishing the Provincial councils of occupational safety and hygiene in Vietnam

What is the Provincial councils of occupational safety and hygiene in Vietnam?

Pursuant to Article 88 of the Law on Occupational Safety and Hygiene 2015, Provincial council of occupational safety and hygiene means an advisory organization giving advices on implementation of polices or legislation on occupational safety and hygiene at local government to the People’s Committee. Each Provincial council shall be established by the President of the provincial People’s Committee, including representatives of Services of Labor, War Invalids and Social Affairs, Services of Health, Confederation of Labor, Farmers' Union, enterprises, agencies, organizations and specialists or scientists specialized in occupational safety and hygiene at local governments.

Annually, the Council of occupational safety and hygiene shall hold discussion to share information, improve relationship among employers, employees, trade unions, representatives of employers and regulatory agencies to promote the fair and safe working condition for employees, and improve the development and implementation of policies and legislation on occupational safety and hygiene.

Regulations on establishing the Provincial councils of occupational safety and hygiene in Vietnam (Internet image)

Establishment of the Provincial councils of occupational safety and hygiene in Vietnam

Pursuant to Article 42 of Decree 39/2016/ND-CP, the establishment, functions, duties, organization and operation of the provincial Council for occupational safety and sanitation are as follows:

(1) The Chairman of provincial People’s Committee shall decide on the establishment of provincial Council for occupational safety and sanitation based on the recommendations of Director of Department of Labor - Invalids and Social Affairs.

(2) The provincial Council for occupational safety and sanitation is the organization which shall give advice to the provincial People’s Committee about implementation of policies and laws on occupational safety and sanitation with the following main contents:

- Measures to direct and run the implementation of guidelines and policies of the Party and laws of State on occupational safety and sanitation at localities;

- Development of occupational safety and sanitation Program within localities and insertion in the social-economic development plan;

- Polices on supporting the employees who do not work under labor contract at localities.

(3)  The provincial Council for occupational safety and sanitation comprises of the following members:

- Council Chairman is the Vice Chairman of provincial People’s Committee or Director of Department of Labor - Invalids and Social Affairs;

- Council Vice Chairmen are the Director or Deputy Director of Department of Labor - Invalids and Social Affairs, leadership representative of Department of Health and leadership representative of provincial Federation of Labor;

- Council Members are the leadership representatives of Departments: Industry and Trade, Construction, Agriculture and Rural Development, Transport, Science and Technology; leadership of provincial Social Insurance body, Vietnam Cooperative Alliance, Provincial Farmer’s Association and representatives of businesses, agencies, organizations, experts and other scientists by decision of the Chairman of  provincial People’s Committee.

(5)  Operation of the Council includes the following basic contents:

- Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in implementation of policies and laws on occupational safety and sanitation at localities;

- The Chairman of provincial Council for occupational safety and sanitation provides for the working regulation of the Council, the assisting body and secretary division of the Council.

- The Chairman of Council can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;

- The funding for operation of the provincial Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the local budget as decentralized by the law of state budget.

Mai Thanh Loi

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