What are personal protective equipment under the law in Vietnam?

What are personal protective equipment under the law in Vietnam? (Internet image)

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

1. What are personal protective equipment?

Specifically, Clause 1, Article 3, Circular 25/2022/TT-BLDTBXH stipulates that Personal protective equipment (PPE) refers to necessary equipment which employees must be provided with during the performance of their work and tasks in order to protect their body from dangerous, hazardous factors during work which have not been fully eliminated by technology solutions, occupational safety and hygiene techniques, equipment at workplace.

2. What does personal protective equipment include?

PPE includes:

- Head protection.

- Eye and face protection.

- Hearing protection.

- Respirators.

- Arm protection.

- Leg protection.

- Body protection.

- Protection against falling.

- Protection against electricity, electromagnetic field, radiation.

- Protection against drowning.

- Other occupational safety and hygiene equipment.

Note: PPE provided for employees must be able to effectively eliminate dangerous and hazardous factors present in work environments, be easy to use, preserve, and not cause any other harmful effect.

PPE must meet standards prescribed in technical regulations, national technical regulations, other labor laws, and specialized laws (if any).

(Clauses 2, 3 and 4, Article 3, Circular 25/2022/TT-BLDTBXH)

3. Eligibility for personal protective equipment in Vietnam

Employees working in environments where they are exposed to dangerous and hazardous factors below shall be provided with PPE:

- Exposure to physical factors that do not meet hygiene standards.

- Exposure to toxic dust and chemicals.

- Exposure to toxic biological factors:

+ Toxic and infectious viruses, bacteria, harmful insects;

+ Faeces, wastewater, garbage, sewers;

+ Other toxic biological factors.

- When working with equipment, tools, machinery with risks to occupational safety, hygiene; working in a position prone to occupational accidents; working at heights; working in underground structures or places with poor air supply; working in mountains, caves, or other dangerous and hazardous working conditions.

(Article 4 of Circular 25/2022/TT-BLDTBXH)

4. Rules for providing personal protective equipment in Vietnam

Pursuant to Article 5 of Circular 25/2022/TT-BLDTBXH, the rules for providing personal protective equipment in Vietnam include:

- Employers must assess and control dangerous, hazardous factors at workplace as per the law; adopt technology solutions, occupational safety and hygiene techniques, equipment in order to eliminate or minimize effects of dangerous and hazardous factors, and improve working conditions before providing PPE.

- Employers shall list and provide PPE for employees in accordance with the list under Appendix attached to Circular 25/2022/TT-BLDTBXH.

- In addition to listing in accordance with Clause 2 of Article 5 of Circular 25/2022/TT-BLDTBXH, employers shall also list and provide PPE for employees in the following cases:

+ Occupations and professions not mentioned under Appendix I attached to Circular 25/2022/TT-BLDTBXH which dangerous and hazardous factors to employees’ health are deemed present by employers.

+ Occupations and professions mentioned under Appendix I attached to Circular 25/2022/TT-BLDTBXH which require additional PPE for the purpose of effectively prevent harmful effects of dangerous and hazardous factors in working environments.

- Employers shall rely on the level of requirement of each occupation and profession at their workplace and recommendations of manufacturers of each type of PPE to determine expiry date and number of PPE in a manner that fits the nature of the occupations and professions and quality of PPE.

- Depending on specific request, employers provide PPE for individuals visiting the workplace for the purpose of inspecting, investigating, visiting, or studying throughout the inspection, investigation, visit, and studying duration.

- Employees are not required to pay to wear PPE and have the right to request employers to replenish or change types of PPE to fit actual circumstances.

Ho Quoc Tuan

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