Regulations on Provincial Council for occupational safety and sanitation in Vietnam

Regulations on Provincial Council for occupational safety and sanitation in Vietnam (Internet image) 

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

1. Regulations on Provincial Council for occupational safety and sanitation in Vietnam

According 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 provided for in Article 88 of the Law on occupational safety and sanitation as follows:

- 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.

- 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.

- 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.

- 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.

2. Regulations on the National council for occupational safety and sanitation in Vietnam

According to Article 41 of Decree 39/2016/ND-CP, the establishment, functions, duties, organizations and operation of the national Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:

- The Prime Minister shall decide on the establishment of national Council for occupational safety and sanitation based on the recommendations of the Minister of Labor - Invalids and Social Affairs.

- The national Council for occupational safety and sanitation is the organization which shall give advice to the Government about new development, amendment or addition of policies and laws on occupational safety and sanitation.

- The national Council for occupational safety and sanitation comprises of the following members:

+ Council Chairman is the Minister of Labor - Invalids and Social Affairs;

+ Council Vice Chairmen: Deputy Minister of Labor - Invalids and Social Affairs; Deputy Minister of Health and Vice Chairman of Vietnam General Confederation of Labor;

+ Council Members: Leadership representatives of the Ministries of Science and Technology, Public Security, Defense, Interior, Industry and Trade, Construction, Transport, Agriculture and Rural Development, Vietnam Cooperative Alliance, Vietnam Farmer’s Association, Chamber of Commerce and Industry of Vietnam and a number of agencies, organizations, experts and scientists under the decision of the Prime Minister.

- The national Council for occupational safety and sanitation operates in accordance with the following provisions:

+ 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 new development, amendment and addition of policies and laws on occupational safety and sanitation operates in accordance with the following provisions:

+ The Council Chairman shall provide for the working regulation of the Council and its standing unit and secretary division.

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

+ The funding for operation of the national Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the central budget, aggregated and allocated in the annual budget estimate of the Ministry of Labor - Invalids and Social Affairs.

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