What are the penalties for organizations committing violations against regulations on training in occupational safety and health in Vietnam?

What are the penalties for organizations committing violations against regulations on training in occupational safety and health in Vietnam? (Internet image)

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

1. What are the penalties for organizations committing violations against regulations on training in occupational safety and health (OSH) in Vietnam?

According to Article 25 of Decree 12/2022/ND-CP, penalties for violations against regulations on training in occupational safety and health in Vietnam are as follows:

(1) The following fines shall be imposed upon an employer for failing to organize training in OSH for employees in accordance with regulations of law or making arrangements with training institutions under which they can attain training results without participating in any training courses or using employees who do not have occupation safety cards issued in accordance with regulations of law to perform works or jobs bound by strict OSH requirements:

- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves 51 - 100 employees;

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the violation involves 101 - 300 employees;

- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the violation involves 301 employees or more.

(2) The following fines shall be imposed upon an OSH training institution for committing violations against regulations on OSH training:

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations: failing to submit reports on OSH training as prescribed by law; failing to notify competent authorities when providing OSH training courses under the training framework programs for persons in charge of OSH tasks (group 2), persons performing works or jobs bound by strict OSH requirements (group 3) or OSH trainers as prescribed by law;

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring unqualified trainers; failing to provide necessary training facilities as prescribed by law; failing to prepare training materials for trainees;

- A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for commission of one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with the provided training contents;

- A fine ranging from VND 120.000.000 to VND 140.000.000 shall be imposed for commission of one of the following violations: providing training courses during the period when its OSH training activities are suspended or when its certificate of eligibility to provide OSH training has been revoked or expired;

Providing training courses beyond the scope of the issued certificate of eligibility to provide OSH training in respect of training contents which shall only be provided under a valid certificate of eligibility to provide OSH training; failing to maintain its satisfaction of eligibility requirements to provide OSH as prescribed by law; altering or falsifying the certificate of eligibility to provide OSH training if not liable to criminal prosecution;

Altering or falsifying any documents included in the application for certificate of eligibility to provide OSH training, if not liable to criminal prosecution; forging any documents included in the application for certificate of eligibility to provide OSH training, if not liable to criminal prosecution; forging certificate of eligibility to provide OSH training, if not liable to criminal prosecution.

(3) The following fines shall be imposed upon an employer that themselves organizes OSH training activities for committing violations against regulations on OSH training:

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations: failing to submit reports on OSH training as prescribed by law; failing to notify competent authorities when providing OSH training courses under the training framework programs for persons in charge of OSH tasks (group 2), persons performing works or jobs bound by strict OSH requirements (group 3) or OSH trainers as prescribed by law;

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations: Providing inadequate contents of compulsory training courses designed according to legally prescribed framework programs; hiring unqualified trainers; failing to provide necessary training facilities as prescribed by law; failing to prepare training materials for trainees;

- A fine ranging from VND 15.000.000 to VND 25.000.000 shall be imposed for commission of one of the following violations: Providing training results without any training courses that have been provided; providing training results inconsistent with the provided training contents;

- A fine ranging from VND 60.000.000 to VND 70.000.000 shall be imposed for commission of one of the following violations: failing to obtain a certificate of eligibility to provide OSH training when organizing training activities in cases such a certificate of eligibility to provide OSH training is required, or organizing training activities during the period when its OSH training activities are suspended or when its certificate of eligibility to provide OSH training has been revoked or expired;

Providing training courses beyond the scope of the issued certificate of eligibility to provide OSH training in respect of training contents which shall only be provided under a valid certificate of eligibility to provide OSH training; failing to maintain its satisfaction of eligibility requirements to provide OSH as prescribed by law;

Altering or falsifying the certificate of eligibility to provide OSH training if not liable to criminal prosecution; altering or falsifying any documents included in the application for certificate of eligibility to provide OSH training, if not liable to criminal prosecution; forging any documents included in the application for certificate of eligibility to provide OSH training, if not liable to criminal prosecution; forging certificate of eligibility to provide OSH training, if not liable to criminal prosecution.

(4) A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for commission of one of the following violations: failing to obtain a certificate of eligibility to provide OSH training when organizing training activities in cases such a certificate of eligibility to provide OSH training is required; forging certificate of eligibility to provide OSH training if not liable to criminal prosecution.

(5) Additional penalties:

- The OSH training institution’s provision of OSH training courses shall be suspended for a fixed period of 01 - 03 months if committing one of the following violations:

+ Providing training results without any training courses that have been provided;

+ Providing training results inconsistent with the provided training contents;

+ Providing training courses beyond the scope of the issued certificate of eligibility to provide osh training in respect of training contents which shall only be provided under a valid certificate of eligibility to provide osh training;

+ Failing to maintain its satisfaction of eligibility requirements to provide osh as prescribed by law as prescribed in points c, d clause 2 of Article 25 of Decree 12/2022/ND-CP;

- The employer that themselves organizes osh training activities shall be suspended from organizing osh training activities for a fixed period of 01 - 03 months if committing one of the following violations:

Providing training results without any training courses that have been provided; providing training results inconsistent with the provided training contents;

+ Providing training courses beyond the scope of the issued certificate of eligibility to provide osh training in respect of training contents which shall only be provided under a valid certificate of eligibility to provide osh training;

+ Failing to maintain its satisfaction of eligibility requirements to provide osh as prescribed by law as prescribed in points c, d clause 3 of Article 25 of Decree 12/2022/ND-CP;

- The exhibits and instrumentalities for committing violations in Point d Clause 2, Point d Clause 3, and Clause 4 of Article 25 of Decree 12/2022/ND-CP, which are forged certificate of eligibility to provide OSH training, shall be confiscated.

(6) Remedial measures:

- The OSH training institution that commits the violation in Point b or c Clause 2 of Article 25 of Decree 12/2022/ND-CP is compelled to invalidate training results it has already provided;

- The employer that itself organizes OSH training activities but commits the violation in Point b or c Clause 3 of Article 25 of Decree 12/2022/ND-CP is compelled to invalidate training results it has already provided;

- The violating entity is compelled to return the altered or falsified certificate of eligibility to provide OSH training to the issuing authority in case of the violation in Point d Clause 2 or Point d Clause 3 of Article 25 of Decree 12/2022/ND-CP.

* Note: The fines in (1), (3) and (4) of this section apply to individuals while the fines in (2) apply to organizations (if an individual commits a violation in (2). the fine is ½) (According to Clause 1, Article 6 of Decree 12/2022/ND-CP)

2. Regulations on Training in occupational safety and hygiene

Regulations on training in occupational safety and hygiene according to Article 14 of the Law on Occupational Safety and Hygiene 2015 are as follows:

- Managers in charge of occupational safety and hygiene, persons in charge of occupational safety and hygiene, health officers, occupational safety and hygiene officers in the business entities are required to participate in training in occupational safety and hygiene and they are issued certificates by institutions providing training in occupational safety and hygiene upon their examination pass.

If there is any change in policies, law or science and technology in terms of occupational safety and hygiene, they must be provided with training in new knowledge about occupational safety and hygiene.

- The employer shall provide training for employees who do work having strict safety and hygiene requirements and grant them safety cards before giving work assignment.

- The employees without labor contracts who do work having strict safety and hygiene requirements must be trained in occupational safety and hygiene and granted safety cards.

The State shall adopt policies on tuition support for employees prescribed in this Clause upon their participation in the training courses. Tuition fees, beneficiaries and time for support shall be prescribed by the Government depending on socio-economic development in each period.

- The employer shall self-provide training and take responsibility for quality of their training courses in occupational safety and hygiene for employees other than those prescribed in Clause 1, 2 and 3 of Article 14 of the Law on Occupational Safety and Hygiene 2015, apprentices, and interns before they are recruited or assigned tasks, and the employer shall periodically provide retraining for them.

- The training in occupational safety and hygiene prescribed in this Article must be conformable with characteristics and nature of each business line, job position, and business scope without interrupting the business operation.

According to their business entity condition, the employer shall provide separate training course in occupational safety and hygiene or combine training course in occupational safety and hygiene and training course in fire safety or other training courses as prescribed in specialized legislation.

- The Minister of Labor, War Invalids and Social Affairs shall promulgate List of occupations that strictly require occupational safety and hygiene with the consent of relevant managing Ministries.

- Institution providing training in occupational safety and hygiene (hereinafter referred to as institutions) means a public service provider or an enterprise which provide training in occupational safety and hygiene as prescribed in legislation on investment and this Law.

Any enterprise self-providing training in occupational safety and hygiene to those prescribed in Clause 1, 2 and 3 of Article 14 of the Law on Occupational Safety and Hygiene 2015 must satisfy requirements similarly to an institution.

- The Government shall provide guidance on issuing agency, requirements for facilities, occupational safety and hygiene trainers, procedures, application for issuance, reissuance, extension or revocation of Certificate of eligibility for operation of the institutions as prescribed in Clause 7 of Article 14 of the Law on Occupational Safety and Hygiene 2015, and training and self-training in occupational safety and hygiene.

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