Tasks and organization of the occupational safety and hygiene unit in Vietnam

Tasks and organization of the occupational safety and hygiene unit in Vietnam (Internet image)

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

1. Tasks of the occupational safety and hygiene unit in Vietnam

According to Clause 2, Article 72 of the Law on occupational safety and hygiene 2015, the persons in charge of occupational safety and hygiene or occupational safety and hygiene unit shall act as an advisor for the employer to carry out occupational safety and hygiene at the business entity, including:

- Formulating internal regulations, process and measures for assurance of occupational safety and hygiene; and fire safety;

- Making and implementing annual plans for occupational safety and hygiene; assessing risks and making plans for emergency rescue;

- Managing and observing the reporting and inspection of machinery, equipment, materials or substances having strict safety and hygiene requirements;

- Organizing propagation and training in occupational safety and hygiene; give first aid, emergency aid and prevention of occupational diseases for employees;

- Organizing self-inspection of occupational safety and hygiene; investigating occupational accidents or safety threat as prescribed;

- Directing and cooperating with health unit in supervision and control of dangerous or harmful factors;

- Requesting the employer to comply with recommendations of the Inspectorate and employees in terms of occupational safety and hygiene;

- Cooperating with internal trade union in instructions in tasks of occupational safety and hygiene officers;

- Organizing emulation movement, commendation, taking disciplinary actions, releasing statistics and sending reports on occupational safety and hygiene.

2. Organization of occupational safety and hygiene unit in Vietnam

The organization of occupational safety and hygiene unit in Vietnam according to Article 36 of Decree 39/2016/ND-CP is as follows:

- For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:

+ The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

+ The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

- For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of Article 36 of Decree 39/2016/ND-CP , the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:

+ The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

+ The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

+ The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

- The persons performing the activities of occupational safety and sanitation in the form of full-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

+ Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

+ Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.

+ Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.

- The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

+ Have university level of engineering specialties;

+ Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

+ Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.

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