Occupational Safety Law

Law on occupational safety and hygiene 84/2015/QH13

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Law on occupational safety and hygiene 84/2015/QH13
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The Occupational Safety and Hygiene Law No. 84/2015/QH13 is a legal document signed and promulgated by the President of the National Assembly on June 25, 2015, and came into effect on July 1, 2016.

NATIONAL ASSEMBLY
————		 SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
Law No.: 84/2015/QH13 Hanoi, June 25, 2015

 

LAW

Occupational Safety and Hygiene

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Occupational Safety and Hygiene.

Table of Contents

Chapter I: GENERAL PROVISIONS

Article 1. Scope of regulation of the Law on Occupational Safety and Hygiene

This Law provides regulations on ensuring occupational safety and hygiene; policies and schemes for employees suffering occupational accidents and occupational diseases; responsibilities and powers of organizations and individuals related to occupational safety and hygiene, and state management of occupational safety and hygiene.

Article 2. Subjects of application under the Law on Occupational Safety and Hygiene

  1. Employees working under labor contracts; probationary workers; apprentices and interns working for employers.
  2. Civil servants, public employees, and members of the people’s armed forces.
  3. Employees working without labor contracts.
  4. Vietnamese employees working abroad under contracts; foreign employees working in Vietnam.
  5. Employers.
  6. Agencies, organizations, and individuals related to occupational safety and hygiene.

The subjects specified in Clauses 1, 2, 3, and 4 of this Article are hereinafter collectively referred to as employees.

Article 3. Interpretation of terms under the Law on Occupational Safety and Hygiene

For the purposes of this Law, the following terms are construed as follows:

  1. Production and business establishments are enterprises, cooperatives, households, and organizations operating in production and business activities.
  2. Occupational safety refers to solutions preventing and controlling the impact of hazardous factors to ensure no injuries or fatalities occur to people during work.
  3. Occupational hygiene refers to solutions preventing and controlling the impact of harmful factors that cause illness or deteriorate human health during work.
  4. Hazardous factors are elements that cause unsafe conditions, injuries, or fatalities for humans during work.
  5. Harmful factors are elements that cause illness or deteriorate human health during work.
  6. Technical incidents causing unsafe occupational safety and hygiene are failures of machinery, equipment, materials, or substances that exceed technical safety limits, occurring during work and causing or posing risks of causing harm to humans, property, and the environment.
  7. Serious technical incidents causing unsafe occupational safety and hygiene are large-scale incidents beyond the response capacity of production and business establishments, agencies, organizations, local authorities, or incidents involving multiple establishments or localities.
  8. Occupational accidents are accidents causing injury to any body part or function, or causing death to employees, occurring in the work process and associated with job performance.
  9. Occupational diseases are illnesses arising due to harmful working conditions affecting employees.
  10. Occupational environment monitoring refers to activities of collecting, analyzing, and assessing measured data on environmental factors in workplaces to implement measures to minimize health impacts and prevent occupational diseases.

Article 4. State policies on occupational safety and hygiene

  1. Facilitate employers, employees, agencies, organizations, and relevant individuals in implementing measures to ensure occupational safety and hygiene; encourage employers and employees to adopt advanced technical standards, modern management systems, high technologies, and environmentally friendly technologies during work.
  2. Invest in research and application of science and technology in occupational safety and hygiene; support building laboratories and national-standard testing facilities serving occupational safety and hygiene.
  3. Support prevention of occupational accidents and diseases in sectors with high risks; encourage organizations to develop, publish, or adopt advanced technical standards on occupational safety and hygiene.
  4. Support occupational safety and hygiene training for employees working without labor contracts in jobs requiring strict occupational safety and hygiene measures.
  5. Develop voluntary occupational accident insurance schemes; establish flexible contribution and benefit mechanisms to prevent, reduce, and overcome risks for employees.

Article 5. Principles of ensuring occupational safety and hygiene

  1. Ensure employees’ rights to work in safe and hygienic working conditions.
  2. Strictly comply with occupational safety and hygiene measures during work; prioritize preventing, eliminating, and controlling hazardous and harmful factors during work.
  3. Consult trade unions, employer representative organizations, and Occupational Safety and Hygiene Councils at all levels in developing and implementing policies, laws, programs, and plans on occupational safety and hygiene.

Article 6. Rights and obligations of employees regarding occupational safety and hygiene

  1. Employees working under labor contracts have the following rights:
    • a) To be ensured fair, safe, and hygienic working conditions; to request employers to ensure occupational safety and hygiene at workplaces;
    • b) To be fully informed about hazardous and harmful factors at the workplace and preventive measures; to be trained in occupational safety and hygiene;
    • c) To receive occupational safety equipment, healthcare, occupational disease examinations; to have employers contribute to occupational accident and disease insurance; to receive full benefits related to occupational accidents and diseases; to have medical assessment fees covered; to proactively undergo medical assessment for impaired working capacity and have the fee covered if assessment results qualify for increased benefit levels;
    • d) To request employers to assign suitable jobs after recovery from occupational accidents or diseases;
    • đ) To refuse dangerous work or leave the workplace while still receiving full salary and without being considered disciplinary violators when identifying clear risks of occupational accidents threatening their life or health, but must immediately report to direct supervisors; to continue working only after risks are eliminated;
    • e) To file complaints, denunciations, or lawsuits as prescribed by law.
  2. Employees working under labor contracts have the following obligations:
    • a) Comply with regulations, processes, and measures ensuring occupational safety and hygiene at the workplace; comply with occupational safety and hygiene agreements in labor contracts and collective agreements;
    • b) Use and maintain personal protective equipment and safety devices provided at the workplace;
    • c) Promptly report to responsible persons upon detecting risks of technical incidents, occupational accidents, or occupational diseases; actively participate in emergency response and incident mitigation according to emergency plans or employer/authority instructions.
  3. Employees working without labor contracts have the following rights:
    • a) To work in safe and hygienic working conditions; to be supported by the State, society, and family in working safely;
    • b) To receive information, communication, and education on occupational safety and hygiene; to receive occupational safety and hygiene training when performing jobs requiring strict safety measures;
    • c) To participate in and benefit from voluntary occupational accident insurance as regulated by the Government.
    • Based on socio-economic conditions and state budget capacity, the Government shall detail support for voluntary insurance contributions;
    • d) To file complaints, denunciations, or lawsuits as prescribed by law.
  4. Employees working without labor contracts have the following obligations:
    • a) Be responsible for occupational safety and hygiene in their own work as prescribed by law;
    • b) Ensure occupational safety and hygiene for others during work;
    • c) Inform local authorities to prevent unsafe or unhygienic acts.
  5. Civil servants, public employees, and members of armed forces have the same rights and obligations regarding occupational safety and hygiene as employees under Clauses 1 and 2, except where otherwise provided in specific legal documents.
  6. Apprentices and interns have the same rights and obligations as employees under Clauses 1 and 2.
  7. Foreign employees working in Vietnam have the same rights and obligations as employees under Clauses 1 and 2; participation in occupational accident and disease insurance is regulated by the Government.

Article 7. Rights and obligations of employers regarding occupational safety and hygiene

  1. Employers have the following rights:
    • a) Request employees to comply with regulations and procedures ensuring occupational safety and hygiene at the workplace;
    • b) Reward employees who comply well and discipline those who violate occupational safety and hygiene regulations;
    • c) File complaints, denunciations, or lawsuits as prescribed by law;
    • d) Mobilize employees for emergency response and incident mitigation.
  2. Employers have the following obligations:
    • a) Develop, implement, and actively coordinate with agencies and organizations to ensure occupational safety and hygiene at workplaces within their responsibility; contribute to occupational accident and disease insurance;
    • b) Organize training, guidelines on regulations and measures ensuring occupational safety and hygiene; provide adequate safety equipment; offer healthcare services; ensure full benefits for occupational accident and disease victims;
    • c) Not force employees to continue working or return to a workplace with risks threatening their life or health;
    • d) Assign supervisors to inspect compliance with safety and hygiene regulations;
    • đ) Appoint safety and hygiene personnel; coordinate with trade unions to establish safety networks; assign responsibilities and authority for safety and hygiene work;
    • e) Declare, investigate, record, and report occupational accidents, diseases, and serious technical incidents; comply with inspectors’ decisions;
    • g) Consult trade unions when developing plans, regulations, and measures ensuring occupational safety and hygiene.

Article 8. Rights and responsibilities of the Vietnam Fatherland Front and its member organizations

  1. The Vietnam Fatherland Front, its member organizations, and other social organizations have the following rights and responsibilities within their authority:
    • a) Coordinate with competent agencies to disseminate, educate, and train on occupational safety and hygiene; develop safety-related services;
    • b) Participate in consultation, supervision, and social criticism on policy and law development regarding occupational safety and hygiene;
    • c) Participate with state agencies in proposing solutions to improve working conditions and prevent occupational accidents and diseases; implement scientific research;
    • d) Mobilize members to comply with occupational safety and hygiene regulations;
    • đ) Detect and recommend competent authorities to handle violations of occupational safety and hygiene laws.
  1. Employer representative organizations shall exercise the rights and responsibilities under Clause 1; participate in the National Occupational Safety and Hygiene Council; promote workplace dialogue, collective bargaining, and measures improving working conditions.

Article 9. Rights and responsibilities of trade unions in occupational safety and hygiene

  1. Participate with state agencies in developing policies and laws on occupational safety and hygiene; recommend legislative amendments related to employees’ rights and obligations.
  2. Participate in inspections, supervision, and enforcement of occupational safety and hygiene laws; develop and supervise safety plans and regulations; participate in accident investigations.
  3. Request agencies and organizations to implement immediate safety measures, including workplace suspension when hazardous conditions are detected.
  4. Mobilize employees to comply with safety regulations.
  5. Represent employees to file lawsuits when collective or individual safety rights are violated.
  6. Research and apply science and technology; train and educate employees on safety; propose solutions to improve working conditions and prevent accidents and diseases.
  7. Coordinate with state agencies to organize safety movements and safety networks.
  8. Award achievements in occupational safety and hygiene as regulated by the Vietnam General Confederation of Labor.

Article 10. Rights and responsibilities of grassroots trade unions in occupational safety and hygiene

  1. Participate with employers in developing and supervising safety plans, regulations, and measures.
  2. Represent employees in collective bargaining and overseeing safety-related provisions in collective labor agreements.
  3. Engage in dialogues with employers on safety issues.
  4. Participate in workplace inspections and accident investigations, and supervise compensation, vocational training, and job reassignment for accident victims.
  5. Recommend safety measures and incident remediation.
  6. Educate employees and employers on compliance with safety standards; coordinate safety training.
  7. Request immediate implementation of safety measures, including workplace suspension in hazardous cases.
  8. Participate in grassroots accident investigation teams; coordinate emergency response; notify authorities when employers fail to report incidents.
  9. Organize safety campaigns and manage safety networks.
  10. Where no grassroots trade union exists, the immediate superior trade union performs these responsibilities upon employees’ request.

Article 11. Rights and responsibilities of the Vietnam Farmers’ Union

  1. Participate in developing policies and laws on occupational safety and hygiene for farmers; recommend amendments relating to farmers’ rights and obligations.
  2. Participate in supervising safety law enforcement related to farmers; participate in accident investigations involving farmers.
  3. Participate in safety communication and training for farmers.
  4. Coordinate with the State in improving working conditions and preventing accidents and diseases for farmers.
  5. Mobilize farmers to participate in occupational safety assurance movements.

Article 12. Prohibited acts in occupational safety and hygiene

  1. Concealing, misreporting occupational accidents or diseases; failing to implement safety measures causing or risking harm; forcing employees to work or preventing them from leaving dangerous workplaces.
  2. Evasion or delay of occupational accident and disease insurance payments; misappropriation of insurance funds; fraud in insurance procedures; failing to pay insurance benefits; illegal use or access to insurance databases.
  3. Using machinery, equipment, or materials requiring strict safety control that are uninspected, failed inspection, of unknown origin, expired, or environmentally harmful.
  4. Fraud in inspection, safety training, environmental monitoring, or medical assessment; obstructing or harming safety rights of employees or employers.
  5. Gender discrimination regarding safety; discrimination against employees refusing dangerous work; discrimination against safety personnel or medical staff performing safety duties.
  6. Using employees for jobs requiring strict safety measures when they are not trained.
  7. Providing cash instead of in-kind benefits.

Chapter II: MEASURES FOR PREVENTION AND CONTROL OF HAZARDOUS AND HARMFUL FACTORS FOR EMPLOYEES

Section 1: INFORMATION, COMMUNICATION, EDUCATION, TRAINING ON OCCUPATIONAL SAFETY AND HYGIENE

Article 13. Information, communication, and education on occupational safety and hygiene

  1. Employers must inform, communicate, and educate employees on occupational safety and hygiene, hazardous and harmful factors, and safety measures at the workplace; and instruct visitors on safety regulations before entering the premises.
  2. Manufacturers must provide information on safety measures accompanied with products or goods that may pose risks to users during work.
  3. Agencies, organizations, and households must disseminate knowledge and skills on occupational safety and hygiene to their employees; promote the elimination of unhygienic or harmful practices during work.

Based on local conditions, annually, People’s Committees at all levels must organize information, communication, and education on occupational safety and hygiene for employees working without labor contracts within their locality.

  1. Mass media agencies must regularly disseminate policies, laws, and knowledge on occupational safety and hygiene, integrating accident and disease prevention into other communication programs.

Article 14. Occupational safety and hygiene training

  1. Safety supervisors, occupational safety personnel, medical staff, and safety officers at production and business establishments must attend occupational safety training courses and must be issued a certificate after passing assessments.

In case of changes in policies, laws, or science and technology related to occupational safety and hygiene, updated training must be provided.

  1. Employers must provide training and issue safety cards to employees performing jobs requiring strict safety measures.
  2. Employees working without labor contracts must receive occupational safety and hygiene training for such jobs and be issued safety cards.

The State provides tuition support for these employees depending on socio-economic conditions as regulated by the Government.

  1. Employers who self-organize training for employees not covered under Clauses 1, 2, and 3 must ensure adequate training quality and provide essential knowledge and skills before hiring or assigning jobs, and periodic retraining.
  2. Training must match job characteristics, scale, and workplace conditions, and must not disrupt production; employers may combine safety training with fire prevention training or other specialized training.
  3. The Minister of Labor–Invalids and Social Affairs shall promulgate a list of jobs requiring strict safety measures after consulting relevant ministries.
  4. Safety training organizations include public non-business units and enterprises providing training services under investment laws and this Law.

If enterprises self-train the subjects listed under Clauses 1, 2, and 3, they must meet the same conditions as safety training organizations.

  1. The Government shall detail competent authorities, facility requirements, standards for safety trainers, procedures for issuing, reissuing, extending, and revoking Certificates of Eligibility for Training Organizations; and regulations on training and self-training.

Section 2: REGULATIONS, PROCEDURES, AND MEASURES TO ENSURE OCCUPATIONAL SAFETY AND HYGIENE AT THE WORKPLACE

Article 15. Regulations and procedures to ensure occupational safety and hygiene

The employer shall, based on laws, national technical standards and regulations, local technical regulations on occupational safety and hygiene, and production, business, and labor conditions, develop, promulgate, and organize the implementation of regulations and procedures to ensure occupational safety and hygiene.

Article 16. Responsibilities of employers in ensuring occupational safety and hygiene at the workplace

  1. Ensure that the workplace meets requirements on space, ventilation, dust, fumes, toxic gases, radiation, electromagnetic fields, heat, humidity, noise, vibration, hazardous and harmful factors as prescribed in relevant technical regulations, and periodically inspect and measure these factors; ensure adequate showers and sanitary facilities at the workplace in accordance with regulations of the Minister of Health.
  2. Ensure that machinery, equipment, materials, and substances used, operated, maintained, and stored at the workplace comply with technical regulations on occupational safety and hygiene or conform to published and applied technical safety and hygiene standards, and comply with workplace safety and hygiene regulations and procedures.
  3. Provide workers with adequate personal protective equipment when performing tasks involving hazardous or harmful factors; equip the workplace with occupational safety and hygiene devices.
  4. Annually or when necessary, inspect and assess hazardous and harmful factors at the workplace to implement technological and technical measures to eliminate or minimize them, improve working conditions, and protect workers’ health.
  5. Regularly inspect and maintain machinery, equipment, materials, substances, workshops, and warehouses.
  6. Provide warning signs and instruction boards in Vietnamese and in languages commonly used by workers regarding occupational safety and hygiene for machinery, equipment, materials, and substances subject to strict safety and hygiene requirements at the workplace, in storage areas, and in easily visible and readable positions.
  7. Communicate, disseminate, or provide training to workers on regulations, internal rules, procedures on occupational safety and hygiene, and measures to prevent hazardous or harmful factors related to their assigned tasks.
  8. Develop and promulgate plans for incident handling and emergency response at the workplace; organize incident handling, emergency response, rescue forces, and promptly notify responsible persons upon detection of risks or when occupational accidents or technical incidents causing unsafe conditions occur beyond the employer’s control.

Article 17. Responsibilities of workers in ensuring occupational safety and hygiene at the workplace

  1. Comply with regulations, internal rules, procedures, and requirements on occupational safety and hygiene issued by the employer or competent state agencies related to their assigned tasks.
  2. Comply with the law and have adequate knowledge and skills regarding occupational safety and hygiene measures at the workplace; use and maintain the personal protective equipment provided and occupational safety and hygiene devices during work.
  3. Participate in occupational safety training before using machinery, equipment, materials, or substances subject to strict occupational safety and hygiene requirements.
  4. Prevent immediate risks of unsafe or unhygienic conditions; prevent violations of occupational safety and hygiene regulations at the workplace; promptly report to responsible persons when aware of occupational accidents, incidents, or risks of incidents, accidents, or occupational diseases; actively participate in rescue and remediation efforts under emergency response plans or upon orders from the employer or competent authorities.

Article 18. Control of hazardous and harmful factors at the workplace

  1. The employer must assess and control hazardous and harmful factors at the workplace to propose technical safety and hygiene measures and protect workers’ health; carry out detoxification and disinfection for workers exposed to toxic or infectious environments.
  2. For harmful factors with exposure limits prescribed by the Minister of Health to control health risks to workers, the employer must organize occupational environmental monitoring at least once a year. The monitoring unit must meet facility, equipment, and personnel requirements.
  3. For hazardous factors, the employer must regularly control and manage them according to technical requirements to ensure occupational safety and hygiene, and at least once a year inspect and assess these factors as prescribed by law.
  4. Immediately after obtaining results of occupational environmental monitoring and assessments of hazardous factors, the employer must:
    • a) Publicly notify workers at the monitored or inspected locations;
    • b) Provide information upon request by trade unions or competent agencies or organizations;
    • c) Implement corrective measures to control hazardous and harmful factors to ensure occupational safety and hygiene and protect workers’ health.
  5. The Government shall provide detailed regulations on controlling hazardous and harmful factors at the workplace and on operational conditions for occupational environmental monitoring organizations in compliance with the Law on Investment and the Law on Enterprises.

Article 19. Measures for handling serious technical incidents causing unsafe working conditions and emergency response

  1. The employer must have plans for handling serious technical incidents causing unsafe conditions and for emergency response, and regularly organize drills as prescribed by law; equip technical and medical means to ensure timely rescue and first aid when serious technical incidents or occupational accidents occur.
  2. Responsibilities for handling serious technical incidents causing unsafe conditions and for emergency response:
    • a) The employer must immediately order the shutdown of machinery, equipment, the use of materials or substances, or work activities at locations posing risks of occupational accidents or serious technical incidents; must not require workers to continue working or return to work if serious accident risks have not been eliminated; implement corrective measures and emergency response plans to rescue people and assets and ensure occupational safety and hygiene for workers and those nearby; promptly notify local authorities of the incident or emergency;
    • b) When a serious technical incident occurs at a production or business establishment, the employer and the local authorities must urgently mobilize human, material, and technical resources to respond as required by specialized laws;
    • c) When a serious incident involves multiple establishments or localities, the employers and local authorities must respond and report to higher-level authorities as prescribed by specialized laws.

In cases where the incident exceeds the response capacity of the establishments or localities, they must urgently report to higher-level authorities to mobilize additional establishments or localities for emergency response; establishments or localities requested for assistance must carry out and coordinate emergency response within their capacity.

  1. The Government shall provide detailed regulations for this Article.

Article 20. Improving working conditions and building an occupational safety culture

  1. The employer must regularly cooperate with grassroots trade unions to organize workers’ participation in activities to improve working conditions and build an occupational safety culture at the workplace.
  2. Employers are encouraged to apply advanced technical standards, modern management systems, and advanced, high-tech, environmentally friendly technologies in production and business to improve working conditions and ensure occupational safety and hygiene for workers.

Section 3: OCCUPATIONAL SAFETY REGIMES AND WORKERS’ HEALTHCARE

Article 21. Health examinations and occupational disease treatment for workers

  1. Annually, the employer must organize at least one health examination for workers; for workers performing heavy, hazardous, dangerous, or particularly heavy, hazardous, dangerous jobs, workers with disabilities, juvenile workers, and elderly workers, health examinations must be conducted at least once every six months.
  2. During health examinations under Clause 1 of this Article, female workers must receive obstetrics examinations; workers exposed to occupational disease risk factors must undergo occupational disease screening.
  3. The employer must organize health examinations before job placement and before transferring workers to heavier, more hazardous jobs, or after workers recover from occupational accidents or diseases, except in cases where the Medical Assessment Council has already assessed the decline in working capacity.
  4. The employer must organize health examinations and occupational disease screening at medical facilities meeting professional and technical requirements.
  5. The employer must send workers diagnosed with occupational diseases to qualified medical facilities for treatment according to treatment protocols issued by the Minister of Health.
  6. Costs for health examinations, occupational disease screening, and occupational disease treatment as prescribed in Clauses 1, 2, 3, and 5 of this Article shall be covered by the employer and included in deductible expenses when calculating corporate income tax and included in regular operating expenses for administrative and public service units without service activities.

Article 22. Heavy, hazardous, and dangerous occupations

  1. Heavy, hazardous, and dangerous occupations, as well as those that are particularly heavy, hazardous, and dangerous, are classified based on the specific characteristics and working conditions of each occupation.
  2. The Minister of Labor, War Invalids and Social Affairs shall promulgate the List of heavy, hazardous, and dangerous occupations, and particularly heavy, hazardous, and dangerous occupations after consultation with the Ministry of Health; and prescribe labor classification standards based on working conditions.
  3. The employer shall fully implement occupational safety regimes and healthcare measures for workers performing heavy, hazardous, dangerous, or particularly heavy, hazardous, dangerous jobs as prescribed by law.

Article 23. Personal protective equipment in labor

  1. Workers performing tasks involving hazardous or harmful factors shall be provided with adequate personal protective equipment by the employer and must use them during work.
  2. The employer shall implement technological and technical solutions and equipment to eliminate or minimize hazardous or harmful factors and improve working conditions.
  3. When providing personal protective equipment, employers must ensure the following principles:
    • a) Correct types, correct beneficiaries, adequate quantity, and quality in accordance with national technical standards and regulations;
    • b) Monetary compensation is not allowed in place of providing personal protective equipment; employers must not require workers to purchase or deduct costs for such equipment;
    • c) Guide and supervise workers in using personal protective equipment;
    • d) Implement detoxification, disinfection, and decontamination of used personal protective equipment at locations with risks of toxicity, infection, or radiation exposure.
  4. The Minister of Labor, War Invalids and Social Affairs shall regulate the regime for providing personal protective equipment.

Article 24. In-kind benefits under the Law on Occupational Safety and Hygiene

  1. Workers working in environments with hazardous or harmful factors shall receive in-kind benefits from the employer.
  2. In-kind benefits shall follow these principles:
    • a) Enhance bodily resistance and detoxification;
    • b) Ensure convenience, safety, and food hygiene;
    • c) Provided during working hours or workdays, except in special cases where centralized distribution cannot be organized.
  3. The Minister of Labor, War Invalids and Social Affairs shall regulate in-kind benefits.

Article 25. Working hours under hazardous or harmful conditions

  1. The employer is responsible for ensuring that workers’ exposure to hazardous or harmful factors remains within safe limits as prescribed in relevant national technical regulations and applicable laws.
  2. Working hours for workers performing particularly heavy, hazardous, or dangerous jobs shall follow labor law regulations.

Article 26. Rehabilitation and health recovery

Annually, employers are encouraged to organize rehabilitation and health recovery programs for workers performing heavy, hazardous, dangerous, or particularly heavy, hazardous, dangerous jobs, and for workers with poor health.

Article 27. Health management for workers

  1. The employer must assign appropriate jobs to workers based on health standards for each occupation and on health examination results.
  2. The employer is responsible for creating and managing workers’ health records and records of occupational disease patients; informing workers of their health examination and occupational disease screening results; annually reporting worker health management to competent health authorities.

Section 4: MANAGEMENT OF MACHINES, EQUIPMENT, MATERIALS, AND SUBSTANCES SUBJECT TO STRICT OCCUPATIONAL SAFETY AND HYGIENE REQUIREMENTS

Article 28. Machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements

  1. Machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements are those which, even when stored, transported, maintained, and used properly and for their intended purpose following manufacturer instructions, still pose risks of occupational accidents or diseases, causing serious harm to human health and life during work or production.
  2. The Minister of Labor, War Invalids and Social Affairs shall issue the List of machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements based on recommendations from ministries specified in Article 33 of this Law.

Article 29. Developing Plans to Ensure Occupational Safety and Hygiene When Constructing New, Expanding, or Renovating Facilities for the Production, Use, Storage, and Preservation of Machines, Equipment, Materials, and Substances Subject to Strict Occupational Safety and Hygiene Requirements

  1. In the dossier submitted to the competent authority for the issuance of permits for new construction, expansion, or renovation of facilities for the production, use, storage, and preservation of machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements, the investor or employer must include a plan to ensure occupational safety and hygiene for workers and the working environment.
  2. The plan to ensure occupational safety and hygiene must include the following main contents:
    • a) Location and scale of the facility;
    • b) Listing and detailed description of items within the facility;
    • c) Clearly identifying hazardous and harmful factors and possible incidents arising during operation;
    • d) Specific measures to eliminate or minimize hazardous and harmful factors; plans for handling technical incidents causing serious occupational safety and hygiene risks, and emergency response.

Article 30. Use of Machines, Equipment, Materials, and Substances Subject to Strict Occupational Safety and Hygiene Requirements

  1. Machines, equipment, and materials subject to strict occupational safety and hygiene requirements must have clear origin and provenance, be within their service life, ensure quality, and be inspected in accordance with Clause 1 Article 31 of this Law, unless otherwise provided by specialized law.
  2. When putting into use, ceasing use, or disposing of machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements, organizations and individuals must declare to the specialized agency under the Provincial People’s Committee where such items are used, as prescribed in Clause 1 and Clause 2 Article 33 of this Law, unless otherwise provided by specialized law.
  3. During the use of machines, equipment, and materials subject to strict occupational safety and hygiene requirements, organizations and individuals must periodically inspect, maintain, and prepare and preserve technical safety records in accordance with corresponding national technical regulations.
  4. The use of substances subject to strict occupational safety and hygiene requirements shall comply with the provisions of the law on chemicals and relevant specialized laws.

Article 31. Inspection of Machines, Equipment, and Materials Subject to Strict Occupational Safety Requirements

  1. Machines, equipment, and materials subject to strict occupational safety requirements must be inspected before being put into use and periodically during use by organizations performing occupational safety technical inspection services.
  2. The inspection of machines, equipment, and materials subject to strict occupational safety requirements must ensure accuracy, publicity, and transparency.
  3. The Government shall detail the authorities responsible for issuance, conditions on facilities and technical equipment, procedures, dossiers for issuance, re-issuance, extension, and revocation of Certificates of Eligibility for Occupational Safety Technical Inspection Services; standards for inspectors; and the inspection process for machines, equipment, and materials subject to strict occupational safety requirements.

Article 32. Rights and Obligations of Organizations Conducting Occupational Safety Technical Inspection

  1. Organizations conducting occupational safety technical inspection are public service units or enterprises providing occupational safety technical inspection services.
  2. Organizations conducting occupational safety technical inspection have the following rights:
    • a) Carry out inspection activities under inspection service contracts;
    • b) Refuse to provide inspection services when safety conditions are not met during the inspection of machines, equipment, and materials;
    • c) Recommend, file complaints, or denounce acts obstructing inspection activities;
    • d) Request organizations and individuals whose objects are to be inspected to provide documents and information necessary for inspection.
  3. Organizations conducting occupational safety technical inspection have the following obligations:
    • a) Provide inspection services within the scope and objects stated in the Certificate of Eligibility for Inspection Activities;
    • b) Conduct inspections according to inspection procedures;
    • c) Take responsibility for inspection results, compensate for damages caused by inspection activities according to law; revoke inspection results issued when violations are detected;
    • d) Annually report to the competent state management agencies as prescribed in Clause 1 and Clause 2 Article 33 of this Law and to the state labor management agency on inspection activities performed as required by law;
    • đ) Preserve inspection records.

Article 33. Responsibilities of Ministries in State Management of Machines, Equipment, Materials, and Substances Subject to Strict Occupational Safety and Hygiene Requirements

  1. Ministries shall be responsible for state management of machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements within the following scope:
    • a) The Ministry of Health is responsible for state management of items related to food, pharmaceuticals, vaccines, medical biologicals, cosmetics, drug ingredients, human medicines, household chemicals, insecticides, disinfectants, and medical equipment;
    • b) The Ministry of Agriculture and Rural Development is responsible for items related to crops, livestock, fertilizers, animal feed, pesticides, veterinary medicines, biological products used in agriculture, forestry, salt production, fisheries, irrigation works, and dikes;
    • c) The Ministry of Transport is responsible for items related to transportation vehicles, loading and unloading equipment, specialized construction transport machinery, offshore exploration and exploitation equipment, and transportation infrastructure works;
    • d) The Ministry of Industry and Trade is responsible for items related to pressure equipment, specialized lifting equipment in industry, chemicals, industrial explosives, mining equipment, oil and gas equipment, except offshore exploration and exploitation equipment;
    • đ) The Ministry of Construction is responsible for items used in construction;
    • e) The Ministry of Science and Technology is responsible for nuclear reactors, nuclear materials, source materials, radioactive substances, and radiation devices;
    • g) The Ministry of Information and Communications is responsible for machines and equipment used in broadcasting and television;
    • h) The Ministry of National Defense is responsible for military vehicles, military equipment, weapons, ammunition, support devices, national defense products, and defense works;
    • i) The Ministry of Public Security is responsible for fire prevention and firefighting equipment, technical equipment, weapons, ammunition, support tools, except for items regulated under Point h of this Clause;
    • k) The Ministry of Labor, Invalids and Social Affairs is responsible for personal protective equipment for workers and other machines, equipment, materials, and substances not specified in Points a through i of this Clause.
  2. Based on socio-economic development and management requirements, the Ministry of Labor, Invalids and Social Affairs shall coordinate with relevant ministries to propose that the Government decide on specific assignment of responsibilities for newly arising machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements that are not listed in Clause 1 of this Article, or those under overlapping management.
  3. Ministries, based on their authority and the List of Machines, Equipment, Materials, and Substances Subject to Strict Occupational Safety and Hygiene Requirements stated in Clause 2 Article 28 of this Law, shall:
    • a) Develop detailed lists of machines, equipment, materials, and substances within their management scope and submit them to the Minister of Labor, Invalids and Social Affairs for promulgation;
    • b) Promulgate inspection procedures and management regulations for items within their scope after obtaining opinions from the Ministry of Labor, Invalids and Social Affairs;
    • c) Inspect inspection activities within their state management authority;
    • d) Annually report to the Ministry of Labor, Invalids and Social Affairs on the management of items within their scope, unless otherwise provided by specialized law.
  4. The Ministry of Labor, Invalids and Social Affairs shall preside over and coordinate with relevant ministries to review and update the List of Machines, Equipment, Materials, and Substances Subject to Strict Occupational Safety and Hygiene Requirements to ensure consistency with socio-economic development and technological progress.

Chapter III: MEASURES FOR HANDLING TECHNICAL INCIDENTS CAUSING OCCUPATIONAL SAFETY AND HYGIENE RISKS, OCCUPATIONAL ACCIDENTS, AND OCCUPATIONAL DISEASES

Section 1: DECLARATION, STATISTICS, REPORTING, AND INVESTIGATION OF TECHNICAL INCIDENTS, OCCUPATIONAL ACCIDENTS, AND OCCUPATIONAL DISEASES

Article 34. Declaration of Occupational Accidents and Technical Incidents Causing Occupational Safety and Hygiene Risks

  1. The declaration of occupational accidents and technical incidents causing occupational safety and hygiene risks shall be carried out as follows:
    • a) When an occupational accident or a technical incident occurs or is at risk of occurring at the workplace, the victim or the person aware of the incident must immediately notify their direct supervisor or the employer for timely response and mitigation;
    • b) For incidents under Point a of this Clause resulting in death or causing serious injury to two or more workers, the employer must immediately notify the provincial labor management authority where the accident occurred; in case of fatal accidents, the employer must also notify the district-level Police;
    • c) For accidents and incidents occurring in fields such as radiation, oil and gas exploration and exploitation, or in rail, waterway, road, or aviation transport sectors, and units within the armed forces, the employer must report according to specialized regulations;
    • d) When a fatal or serious occupational accident befalls a worker not working under a labor contract, the victim’s family or the person who discovers the incident must immediately report it to the commune-level People’s Committee where the incident occurred.

In cases where an occupational accident causes death or seriously injures two or more workers, the commune-level People’s Committee must immediately notify the district-level Police and the provincial labor management authority for timely response.

If a technical incident involving workers not under a labor contract occurs, the person discovering it must promptly report it to the commune-level People’s Committee, and reporting shall comply with Articles 19 and 36 of this Law.

  1. Within their responsibilities, competent authorities and organizations must review and address reports on occupational accidents and technical incidents, notify reporting individuals or organizations upon request, and take necessary measures to protect the legal rights and interests of the person who reported the incident.

Article 35. Investigation of Occupational Accidents, Technical Incidents Causing Occupational Safety and Hygiene Risks, and Serious Technical Incidents

  1. The employer must establish a grassroots-level Occupational Accident Investigation Team to investigate occupational accidents causing minor injury or serious injury to one employee under their management, unless the accident falls under the cases specified in Clauses 2 and 3 of this Article or is investigated by competent state authorities under specialized laws.

The grassroots Investigation Team includes the employer or their authorized representative as the Team Leader, representatives of the grassroots trade union (or workers’ representatives where no union exists), safety personnel, medical personnel, and other relevant members.

If a serious injury occurs to a worker not working under a labor contract, the commune-level People’s Committee where the accident occurred must record the incident and report it to the district-level People’s Committee.

  1. The provincial labor management authority must establish a provincial-level Investigation Team to investigate fatal accidents or incidents causing serious injury to two or more workers, including workers not under labor contracts, except for cases under Clause 4 of this Article; and to reinvestigate accidents previously investigated at the grassroots level if complaints arise or when deemed necessary.

The provincial Investigation Team includes representatives of the provincial Occupational Safety Inspection, the Department of Health, the provincial Labor Federation, and other relevant members.

  1. The Minister of Labor, Invalids and Social Affairs or a competent authority shall establish a central-level Investigation Team to investigate cases considered complex or beyond the capability of the provincial Investigation Team; and to reinvestigate cases previously handled at the provincial level.

The central-level Investigation Team includes representatives of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Vietnam General Confederation of Labor, and others.

  1. For accidents and incidents specified in Point c Clause 1 Article 34, investigations shall follow specialized regulations, labor laws, and include coordination with occupational safety inspectors.
  2. Employers and individuals involved in the accident must cooperate with the Investigation Team, provide necessary documents and information, and must not refuse or obstruct the investigation.
    • If the accident occurred on the way to/from work, competent authorities must provide the Investigation Team with one of the following:
      • a) A scene examination record and diagram;
      • b) A traffic accident investigation record;
      • c) If none of the above exist, a written confirmation of the accident issued by the commune-level Police at the request of the employee or their family.
  3. The investigation timeframes for occupational accidents handled by grassroots, provincial, and central Investigation Teams (as per Clauses 1, 2, and 3) are counted from the time of receiving the report until the publication of the investigation report:
    • a) No more than 04 days for minor injuries;
    • b) No more than 07 days for serious injury to one worker;
    • c) No more than 20 days for serious injury to two or more workers;
    • d) No more than 30 days for fatal accidents; no more than 60 days if technical or forensic expertise is required. If an accident is initially investigated as a criminal case but later closed, the investigation timeframe begins once the Investigation Team receives all relevant documents and evidence.

For cases specified in Points b, c, and d with complex circumstances, an extension may be granted once, not exceeding the original timeframe, subject to approval from the authority establishing the Investigation Team.

  1. If during investigation, criminal indications are identified, the Investigation Team must submit a written recommendation with supporting documents and evidence (if any) to the competent investigation authority to consider criminal proceedings.

The timeframe for handling prosecution recommendations follows criminal procedure laws; if the case is not prosecuted, within 05 days the investigation authority must return all documents and evidence to the Occupational Accident Investigation Team.

  1. The investigation report must be publicly announced at a meeting chaired by the Investigation Team Leader, with participation from team members, the employer or their authorized representative, trade union representatives, the injured worker or their family, witnesses, and relevant parties. In fatal cases, representatives of the Police and People’s Procuracy must also attend.

The investigation report and meeting minutes must be sent to all agencies represented in the Investigation Team, labor management authorities, the employer, and the victims or their families.

  1. Responsibilities for announcing investigation results:
    • a) Employers must announce results if they conducted the investigation under Clause 1; commune-level People’s Committees must do so if the case was recorded at the commune level;
    • b) The Investigation Team Leader or state agency responsible for the investigation must announce results for cases under Clauses 2 and 3;
    • c) The Investigation Team Leader or responsible state agency must publicly announce results for incidents under Clause 4, except where specialized law provides otherwise;
    • After receiving the investigation report, employers must publicly post the information for workers; for workers not under labor contracts, commune-level People’s Committees must publicly post it for the public;
    • d) Investigation teams must publicly announce reports and necessary information after completion of investigation timeframes, unless specified otherwise by specialized law.
  2. If investigation timeframes are exceeded and cause harm to workers’ or employers’ legitimate rights or interests, compensation must be provided according to law.
  3. The Government shall detail classification, declaration, investigation, reporting, and settlement of occupational accidents and technical incidents, including handling cases where criminal prosecution decisions are issued.

Article 36. Statistics and reporting of occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity

  1. Employers must collect statistics and report occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity at their establishments, and periodically every 6 months and annually report to the provincial labor management authority, unless otherwise provided by specialized laws.
  2. Every 6 months and annually, the commune-level People’s Committee shall collect statistics and report occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity related to workers who do not work under labor contracts as stipulated at Point d, Clause 1, Article 34 of this Law, to the district-level People’s Committee for consolidation and reporting to the provincial labor management authority.
  3. The provincial labor management authority is responsible for reporting occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity that have been collected and reported under Clauses 1 and 2 of this Article to the Ministry of Labor, Invalids and Social Affairs as follows:
    • a) Quickly report fatal occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity occurring in the locality;
    • b) Every 6 months and annually, submit reports on the situation of occupational accidents, serious technical incidents causing occupational safety and hygiene insecurity, and occupational safety activities in the locality.
  4. Every 6 months and annually, the Ministry of Health shall collect statistics on cases of occupational accident victims who are examined and treated at medical facilities and send them to the Ministry of Labor, Invalids and Social Affairs for consolidation.
  5. The Ministry of Labor, Invalids and Social Affairs shall organize and guide the collection, storage, consolidation, provision, publication, and evaluation of the situation of occupational accidents and serious technical incidents causing occupational safety and hygiene insecurity; and organize the development and management of a national database on occupational safety.

Article 37. Statistics and reporting on occupational diseases under the Law on Occupational Safety and Hygiene

  1. All employees who contract occupational diseases must be recorded and reported in accordance with regulations issued by the Minister of Health.

The list of occupational diseases is issued by the Minister of Health after consulting the Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, employer representative organizations, relevant social organizations, and is reviewed, amended, and supplemented in accordance with changes in working environments, equipment, and technology.

  1. Annually, employers must report and compile statistics on occupational disease prevention and control to the provincial health management agency for consolidation and reporting to the Ministry of Health.
  2. Annually, the Ministry of Health shall submit statistical reports and evaluations on occupational diseases and the implementation of occupational disease prevention and control to the Ministry of Labor, Invalids and Social Affairs for consolidation and reporting to the Government.
  3. The Ministry of Health shall organize and guide the collection, storage, consolidation, provision, publication, and evaluation of the situation of occupational diseases; organize the development and management of a database on occupational disease prevention and control; and organize occupational disease investigations.

Section 2: RESPONSIBILITIES OF EMPLOYERS TOWARDS EMPLOYEES SUFFERING OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL DISEASES

Article 38. Responsibilities of employers towards employees suffering occupational accidents or occupational diseases

Employers have the following responsibilities toward employees suffering occupational accidents or occupational diseases:

  1. Promptly administer first aid, emergency aid for employees suffering occupational accidents, and advance payment for emergency aid, first aid, and treatment costs for employees suffering occupational accidents or occupational diseases;
  2. Pay medical expenses from first aid and emergency aid until the employee’s condition is stabilized as follows:
    • a) Pay the co-payment portion and expenses not covered by health insurance for employees who participate in health insurance;
    • b) Pay medical assessment fees for cases of under 5% work capacity reduction when the employer refers the employee for assessment by the Medical Assessment Council;
    • c) Pay all medical expenses for employees who do not participate in health insurance;
  3. Pay full wages to employees suffering occupational accidents or occupational diseases during their treatment and functional rehabilitation period;
  4. Compensate employees who suffer occupational accidents not entirely due to their own fault and those suffering occupational diseases at the following rates:
    • a) At least 1.5 months’ salary for a work capacity reduction of 5% to 10%; thereafter, for each additional 1% reduction from 11% to 80%, add 0.4 months’ salary;
    • b) At least 30 months’ salary for employees with a work capacity reduction of 81% or more, or for relatives of employees who die due to occupational accidents or occupational diseases;
  5. Provide allowances to employees who suffer occupational accidents due to their own fault, at a level of at least 40% of the compensation specified in Clause 4 of this Article corresponding to their work capacity reduction rate;
  6. Refer employees suffering occupational accidents or occupational diseases for medical assessment of work capacity reduction, treatment, convalescence, and functional rehabilitation according to the law;
  7. Make compensation and allowance payments within 05 days from the date the Medical Assessment Council issues its conclusion on work capacity reduction, or from the date the Occupational Accident Investigation Team announces its investigation report for fatal accidents;
  8. Arrange suitable work based on the conclusions of the Medical Assessment Council for employees who continue working after treatment and rehabilitation;
  9. Prepare the dossier for employees to receive benefits from the Occupational Accident and Occupational Disease Insurance Fund as specified in Section 3 of this Chapter;
  10. The salary used to calculate compensation, allowances, and wages paid to employees absent from work due to occupational accidents or occupational diseases as specified in Clauses 3, 4, and 5 of this Article includes salary level, salary allowances, and other additional payments as prescribed by labor law.
  11. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on Clauses 3, 4, and 5 of this Article.

Article 39. Employer responsibilities for compensation and allowances in special circumstances when employees suffer occupational accidents

  1. If employees suffer occupational accidents while performing tasks or following orders from the employer outside the premises of the agency, enterprise, organization, or cooperative, and the accident is caused by another person’s fault or the cause cannot be determined, the employer must compensate according to Clause 4, Article 38 of this Law.
  2. If employees suffer an accident while traveling from their residence to their workplace or vice versa along a reasonable route and timeframe, and the accident is caused by another person’s fault or the cause cannot be determined, the employer shall provide allowances according to Clause 5, Article 38 of this Law.
  3. If the employer has purchased accident insurance for employees from insurance service providers, employees shall receive compensation and allowances according to the insurance contract. If the insurance payout is lower than the amount specified in Clauses 4 and 5, Article 38 of this Law, the employer must pay the difference so that the employee or their relatives receive at least the minimum compensation or allowance prescribed.
  4. If the employer does not pay accident and occupational disease insurance for employees who are required to participate in compulsory social insurance under the Law on Social Insurance, in addition to compensation and allowances under Article 38 of this Law, the employer must also pay an amount equivalent to benefits from the Occupational Accident and Occupational Disease Insurance Fund under Section 3 of this Chapter; payment may be made as a lump sum or monthly as agreed upon, and in case of disagreement, payment follows the employee’s request.
  5. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on this Article.

Article 40. Cases in which employees are not entitled to employer-provided benefits when suffering occupational accidents

  1. Employees are not entitled to benefits specified in Articles 38 and 39 of this Law if their accident is caused by one of the following reasons:
    • a) Personal conflicts of the victim with the person causing the accident unrelated to work tasks;
    • b) The employee intentionally harms their own health;
    • c) Use of illegal drugs or narcotics in violation of the law.
  2. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on this Article.

Section 3: OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE REGIME

Article 41. Principles for implementing the regime for persons suffering occupational accidents or occupational diseases from the Occupational Accident and Occupational Disease Insurance Fund

  1. The Occupational Accident and Occupational Disease Insurance Fund is a component of the Social Insurance Fund; contributions, benefits, management, and use of the fund follow this Law and the Law on Social Insurance.
  2. The contribution rates for occupational accident and occupational disease insurance are calculated based on the employee’s monthly salary and paid by the employer.
  3. Benefit levels and support for those suffering occupational accidents or occupational diseases are based on the degree of work capacity reduction, contribution levels, and contribution duration to the Fund.
  4. The implementation of occupational accident and occupational disease insurance must be simple, convenient, timely, and ensure full benefits for participants.

Article 42. Use of the Occupational Accident and Occupational Disease Insurance Fund under the Law on Occupational Safety and Hygiene

  1. Pay medical assessment fees for occupational injuries or diseases for cases eligible for benefits under Articles 45 and 46 of this Law; pay medical assessment fees for employees who voluntarily undergo assessment of work capacity reduction under Point b, Clause 1 and Clause 3, Article 47 of this Law when the results qualify for adjustment to increase occupational accident or occupational disease benefits.
  2. Provide one-time allowances, monthly allowances, and service allowances.
  3. Provide support for assistive devices and orthopedic appliances.
  4. Provide convalescence and health rehabilitation support.
  5. Provide support for prevention and risk sharing related to occupational accidents and occupational diseases.
  6. Provide vocational transition support for employees who return to work after suffering occupational accidents or occupational diseases.
  7. Management costs of the occupational accident and occupational disease insurance fund shall comply with the Law on Social Insurance.
  8. Pay health insurance premiums for employees receiving monthly occupational accident or occupational disease benefits.

Article 43. Subjects entitled to occupational accident and occupational disease insurance under the Law on Occupational Safety and Hygiene

  1. Subjects entitled to the insurance regime under this Section include employees participating in compulsory social insurance as prescribed at Points a, b, c, d, đ, e, and h, Clause 1, Article 2, and employers as prescribed at Clause 3, Article 2 of the Law on Social Insurance.
  2. If employees enter into multiple labor contracts with multiple employers, each employer must pay occupational accident and occupational disease insurance for each labor contract if the employee is subject to compulsory social insurance. When suffering an occupational accident or occupational disease, the employee shall receive insurance benefits based on the contribution principle, as regulated by the Government.

Article 44. Contribution rates and fund formation for the Occupational Accident and Occupational Disease Insurance Fund under the Law on Occupational Safety and Hygiene

  1. Each month, employers shall contribute up to 1% of the total salary fund used as the basis for paying social insurance contributions under Article 43 of this Law into the Occupational Accident and Occupational Disease Insurance Fund.
  2. The Occupational Accident and Occupational Disease Insurance Fund is formed from:
    • a) Employer contributions under Clause 1 of this Article;
    • b) Investment returns of the Fund under Articles 90 and 91 of the Law on Social Insurance;
    • c) Other lawful revenues.
  3. Based on the fund’s balance ensuring capacity, the Government shall regulate the detailed contribution rate under Clause 1 of this Article.

Article 45. Conditions for receiving occupational accident benefits under the Law on Occupational Safety and Hygiene

Employees participating in occupational accident and occupational disease insurance shall receive occupational accident benefits when meeting the following conditions:

  1. Suffering an accident under one of the following circumstances:
    • a) At the workplace and during working hours, including while performing essential personal needs at the workplace or during working hours permitted by the Labor Code and internal regulations, such as break time, mid-shift meals, nutritional supplements, menstrual hygiene, bathing, breastfeeding, and using the restroom;
    • b) Outside the workplace or outside working hours while performing work assigned by the employer or the employer’s authorized representative;
    • c) On the route from home to the workplace or from the workplace to home within a reasonable timeframe and route;
  2. Suffering a work capacity reduction of 5% or more due to the accident stipulated in Clause 1 of this Article;
  3. Employees are not eligible for insurance benefits if the accident falls under the reasons specified in Clause 1, Article 40 of this Law.

Article 46. Conditions for receiving occupational disease benefits under the Law on Occupational Safety and Hygiene

  1. Employees participating in occupational accident and occupational disease insurance shall receive occupational disease benefits when meeting the following conditions:
    • a) Suffering an occupational disease listed in the List of Occupational Diseases issued by the Minister of Health under Clause 1, Article 37 of this Law;
    • b) Suffering a work capacity reduction of 5% or more due to the disease referred to at Point a of this Clause.
  2. Employees who have retired or no longer work in occupations at risk of contracting the occupational diseases listed in the List of Occupational Diseases issued by the Minister of Health under Clause 1, Article 37 of this Law, but are diagnosed with an occupational disease within the prescribed time limit, are entitled to medical assessment for review and settlement of benefits as regulated by the Government.

Article 47. Assessment of work capacity reduction under the Law on Occupational Safety and Hygiene

  1. Employees suffering occupational accidents or diseases shall undergo assessment or reassessment of work capacity reduction under the following cases:
    • a) After the first treatment of injuries or diseases is stabilized but sequelae continue to affect health;
    • b) After recurrence of injuries or diseases has been treated and stabilized;
    • c) For injuries or occupational diseases deemed incurable or untreatable as prescribed by the Minister of Health, employees may undergo assessment before or during the treatment process.
  2. Employees shall undergo comprehensive assessment of work capacity reduction under the following cases:
    • a) Having both occupational accident and occupational disease;
    • b) Suffering multiple occupational accidents;
    • c) Suffering multiple occupational diseases.
  3. Employees under Point b, Clause 1 of this Article may undergo reassessment after 24 months from the date of the previous medical assessment conclusion; in cases where the occupational disease causes rapid health deterioration, reassessment may be conducted earlier per regulations of the Minister of Health.

Article 48. One-time allowance under the Law on Occupational Safety and Hygiene

  1. Employees suffering a work capacity reduction from 5% to 30% are entitled to a one-time allowance.
  2. The one-time allowance is determined as follows:
    • a) For 5% work capacity reduction, employees receive 5 times the base salary; for each additional 1% reduction, an additional 0.5 times the base salary is paid;
    • b) In addition to the allowance specified at Point a of this Clause, employees receive an allowance based on the number of years contributed to the Occupational Accident and Occupational Disease Insurance Fund: up to one year is equal to 0.5 month’s salary; for each additional year, 0.3 month’s salary based on the salary used for contribution in the month preceding the accident or occupational disease diagnosis; for accidents occurring in the first contribution month or with intermittent contribution periods, the salary used for calculation is the salary of that month.
  3. The Minister of Labor, Invalids and Social Affairs shall detail the calculation of benefits in cases of changes in benefit levels due to re-assessment or comprehensive assessment.

Article 49. Monthly Allowance under the Law on Occupational Safety and Hygiene

  1. Employees who suffer a work capacity reduction of 31% or more are entitled to a monthly allowance.
  2. The monthly allowance is regulated as follows:
    • a) For a 31% work capacity reduction, employees receive 30% of the base salary; for each additional 1% reduction, they receive an additional 2% of the base salary;
    • b) In addition to the allowance specified at Point a of this Clause, employees also receive a monthly allowance based on their years of contribution to the Occupational Accident and Occupational Disease Insurance Fund: up to one year is calculated as 0.5%, and for each additional year, 0.3% of the salary used for fund contribution in the month preceding the occupational accident or occupational disease diagnosis is added; in cases where the accident occurs during the first month of contribution or if contribution periods are interrupted and later resumed, the salary used for calculation is the salary of that same month.
  3. Suspension and continuation of monthly occupational accident and occupational disease allowances and service allowances shall comply with Article 64 of the Law on Social Insurance; the dossier and procedures for continuing monthly occupational accident and occupational disease benefits shall be implemented according to Articles 113 and 114 of the Law on Social Insurance. In cases of suspension under Point c, Clause 1, Article 64 of the Law on Social Insurance, the social insurance agency must provide written notification stating the reason; termination of benefits must be based on the conclusion or decision of a competent state authority.
  4. Employees receiving monthly occupational accident allowances who move to another locality within the country and wish to receive allowances at their new place of residence must submit an application to the social insurance agency where they are currently receiving benefits. Within 05 days from the date of receiving the application, the social insurance agency must decide; if not resolved, a written response stating the reason is required.
  5. Employees receiving monthly occupational accident or occupational disease allowances who permanently reside abroad shall be paid a lump-sum allowance equal to 03 months of their current monthly allowance. The dossier and procedures for lump-sum payment shall follow Clauses 2 and 3, Article 109 and Clause 4, Article 110 of the Law on Social Insurance.
  6. Monthly occupational accident and occupational disease allowances and service allowances shall be adjusted according to the Law on Social Insurance.

Article 50. Time of Allowance Entitlement under the Law on Occupational Safety and Hygiene

  1. The time of allowance entitlement specified in Articles 48, 49, and 52 of this Law is calculated from the month the employee completes treatment and is discharged from the hospital, or from the month of the conclusion issued by the Medical Assessment Council in cases of outpatient treatment; in cases of comprehensive assessment of work capacity reduction under Clause 2, Article 47 of this Law, the allowance period is calculated from the month the employee completes treatment and is discharged for the last occupational accident or occupational disease, or from the month of the Medical Assessment Council’s comprehensive assessment conclusion for outpatient cases.

If the time of treatment completion and hospital discharge cannot be determined for occupational accidents or occupational diseases, the allowance period is calculated from the month of the Medical Assessment Council’s conclusion; for cases of HIV/AIDS infection due to occupational risks, the allowance period begins from the month the employee receives the Certificate of HIV/AIDS Infection Due to Occupational Accident.

  1. For employees undergoing work capacity assessment under Point b, Clause 1 and Clause 2, Article 47 of this Law, the new allowance period is calculated from the month of the Medical Assessment Council’s conclusion.

Article 51. Assistive Devices and Orthopedic Appliances

  1. Employees suffering occupational accidents or occupational diseases that cause functional impairment are entitled to financial support to purchase assistive devices and orthopedic appliances according to specified replacement periods, based on their injury or illness condition and as prescribed by medical examination, treatment, orthopedic, or rehabilitation facilities that meet professional and technical requirements.
  2. The Minister of Labor, Invalids and Social Affairs shall detail the types of assistive devices and orthopedic appliances, replacement periods, financial levels for purchasing such devices, and the required dossier and procedures.

Article 52. Service Allowance under the Law on Occupational Safety and Hygiene

Employees who suffer a work capacity reduction of 81% or more and have spinal paralysis, total blindness, amputation or paralysis of two limbs, or mental illness, shall, in addition to the benefits provided in Article 49 of this Law, receive a monthly service allowance equal to the base salary.

Article 53. Allowances When Employees Die Due to Occupational Accidents or Occupational Diseases

Relatives of the employee are entitled to a lump-sum allowance equal to thirty-six times the base salary in the month the employee dies and shall receive survivors’ benefits under the Law on Social Insurance when falling under one of the following cases:

  1. The employee dies while working due to an occupational accident or occupational disease;
  2. The employee dies during the first treatment period of an occupational accident or occupational disease;
  3. The employee dies during treatment of injuries or diseases before being assessed for work capacity reduction.

The dossier for survivor benefits in cases where employees die due to occupational accidents or occupational diseases shall comply with Clause 1, Article 111 of the Law on Social Insurance.

Article 54. Convalescence and Health Rehabilitation After Treatment of Injuries or Occupational Diseases

  1. Employees who, after stabilizing their injuries or occupational diseases, return to work within 30 days but whose health has not fully recovered, are entitled to 05 to 10 days of convalescence and health rehabilitation for each occupational accident or occupational disease.

If the employee has not yet received a work capacity assessment conclusion from the Medical Assessment Council during the initial 30 days of returning to work, they are still entitled to convalescence and rehabilitation benefits under Clause 2 of this Article, provided the Council later concludes that the work capacity reduction meets the eligibility criteria for occupational accident and occupational disease insurance.

  1. The number of days of convalescence and rehabilitation as stipulated in Clause 1 shall be decided by the employer and the grassroots trade union executive committee; if there is no trade union, the employer shall decide. The number of days is specified as follows:
    • a) Up to 10 days for employees with work capacity reduction of 51% or more due to occupational accidents or occupational diseases;
    • b) Up to 07 days for cases with work capacity reduction from 31% to 50%;
    • c) Up to 05 days for cases with work capacity reduction from 15% to 30%.
  2. Employees under Clause 1 of this Article are entitled to 01 day of convalescence allowance equal to 30% of the base salary.

Article 55. Support for Occupational Transition for Employees Returning to Work After Occupational Accidents or Occupational Diseases

  1. If an employee suffering an occupational accident or occupational disease is assigned to a new job by the employer under Clause 8, Article 38 of this Law, and requires training for occupational transition, the employee shall be supported with tuition fees.
  2. The support level shall not exceed 50% of the tuition fee and no more than fifteen times the base salary; each employee may receive support up to two times, and only once per year.

Article 56. Support for Activities to Prevent and Share Occupational Accident and Occupational Disease Risks

  1. Annually, up to 10% of revenue from the Occupational Accident and Occupational Disease Insurance Fund shall be allocated to support activities for prevention and risk sharing related to occupational accidents and occupational diseases.
  2. Supported activities include:
    • a) Medical examination and treatment of occupational diseases;
    • b) Occupational rehabilitation;
    • c) Re-investigation of occupational accidents or occupational diseases at the request of the social insurance agency;
    • d) Training on occupational safety and hygiene for participants of occupational accident and occupational disease insurance and subjects specified in Clauses 1 and 2, Article 14 of this Law.
  3. Support for activities specified at Points a and b, Clause 2 of this Article does not include expenses covered by the Health Insurance Fund or expenses already supported by the employer under Clause 2, Article 38 of this Law.
  4. The Government shall detail eligibility conditions, dossiers, support levels, support duration, procedures, competent authorities for approval, and implementation of the policies under Articles 55 and 56 of this Law, ensuring the balance of the Occupational Accident and Occupational Disease Insurance Fund.

Article 57. Dossier for Occupational Accident Insurance Benefits under the Law on Occupational Safety and Hygiene

  1. Social insurance book.
  2. Hospital discharge paper or medical record extract after treatment of the occupational accident for inpatient cases.
  3. Medical Assessment Council’s conclusion on work capacity reduction.
  4. Written request for settlement of occupational accident insurance benefits, using the form issued by Vietnam Social Insurance after consulting the Ministry of Labor, Invalids and Social Affairs.

Article 58. Dossier for Occupational Disease Insurance Benefits under the Law on Occupational Safety and Hygiene

  1. Social insurance book.
  2. Hospital discharge paper or medical record extract after occupational disease treatment; for outpatient cases, an occupational disease examination certificate is required.
  3. Medical Assessment Council’s conclusion on work capacity reduction; in cases of HIV/AIDS infection caused by occupational risk, this is replaced with the Certificate of HIV/AIDS Infection Due to Occupational Accident.
  4. Written request for settlement of occupational disease insurance benefits using the form issued by Vietnam Social Insurance after consultation with the Ministry of Labor, Invalids and Social Affairs.

Article 59. Settlement of Occupational Accident and Occupational Disease Insurance Benefits

  1. Employers must submit the dossier to the social insurance agency within 30 days from the date of receiving the complete dossier as prescribed in Articles 57 and 58 of this Law.
  2. Within 10 days from the date of receiving the complete dossier, the social insurance agency must settle occupational accident and occupational disease insurance benefits; if not resolved, a written response stating the reason is required.

Article 60. Settlement of Convalescence and Health Rehabilitation Allowances After Occupational Accidents or Occupational Diseases

  1. The employer shall prepare a list of employees who have received occupational accident or occupational disease insurance benefits but whose health has not recovered, and submit it to the social insurance agency within 10 days from the date the employee is confirmed to have not recovered as stipulated in Clause 1, Article 54 of this Law.
  2. Within 10 days from receiving the list, the social insurance agency shall settle the convalescence and rehabilitation allowance and transfer the money to the employer; if not resolved, a written response stating the reason is required.
  3. Within 05 days from receiving the money transferred by the social insurance agency, the employer must pay the allowance to the employee.

Article 61. Late Settlement of Occupational Accident and Occupational Disease Insurance Benefits

  1. If the settlement of occupational accident and occupational disease insurance benefits exceeds the time limit specified in Article 59 and Clause 1, Article 60 of this Law, a written explanation stating the reason is required.
  2. If delayed settlement or delayed payment of allowances causes harm to the legal rights and interests of the beneficiaries, compensation must be made as prescribed by law, except where delay is caused by the employee or the deceased employee’s relatives.

Article 62. Dossier and Procedures for Medical Assessment of Work Capacity Reduction for Occupational Accident and Occupational Disease Insurance

  1. The dossier and procedures for medical assessment of work capacity reduction to settle occupational accident and occupational disease insurance benefits shall be regulated by the Minister of Health.
  2. The medical assessment must be accurate, open, and transparent. The Medical Assessment Council is responsible for the accuracy of its assessment results according to the law.

Chapter IV: ENSURING OCCUPATIONAL SAFETY AND HYGIENE FOR CERTAIN SPECIAL TYPES OF LABOR

Article 63. Occupational Safety and Hygiene for Female Employees, Minor Employees, and Employees with Disabilities

Regulations on occupational safety and hygiene for female employees, minor employees, and employees with disabilities shall comply with the Labor Code, the Law on Persons with Disabilities, and this Law.

Article 64. Conditions for Employing Elderly Employees in Heavy, Hazardous, or Dangerous Occupations

  1. Elderly employees may only be employed in heavy, hazardous, dangerous, or especially heavy, hazardous, or dangerous occupations adversely affecting their health when the following conditions are met:
    • a) The elderly employee has experience and high skills with at least 15 years of occupational seniority; holds a professional certificate or is recognized as an artisan according to the law;
    • b) The elderly employee meets the health standards for heavy, hazardous, or dangerous occupations issued by the Minister of Health after consultation with relevant ministries;
    • c) Employment duration for each elderly employee must not exceed 05 years;
    • d) There must be at least one employee working alongside who is not an elderly employee;
    • đ) Employment must be based on the voluntary consent of the elderly employee.
  1. The Government shall detail this Article.

Article 65. Occupational Safety and Hygiene in Labor Subleasing

  1. The labor subleasing enterprise has the following responsibilities:
    • a) Reach an agreement with the labor sublessee on ensuring the lawful rights and interests regarding occupational safety and hygiene for the leased employees, which must not be lower than those of the employees of the labor sublessee who have the same qualifications and perform the same or equivalent work; include the agreed contents in the labor subleasing contract and fulfill the employer’s obligations as prescribed in the Labor Code and this Law;
    • b) Coordinate with and supervise the labor sublessee in ensuring occupational safety and hygiene for the leased employees. If the labor sublessee fails to fully comply with the commitments on occupational safety and hygiene stated in the signed labor subleasing contract, the labor subleasing enterprise shall be responsible for ensuring the full rights and benefits of the leased employees;
    • c) Retain records on occupational safety and hygiene related to the leased employees; report occupational accidents and occupational diseases in accordance with Articles 36 and 37 of this Law.
  2. The labor sublessee has the following responsibilities:
    • a) Fully comply with the commitments in the labor subleasing contract; not discriminate in occupational safety and hygiene between leased employees and its own employees;
    • b) In case of occupational accidents or technical incidents causing unsafe conditions affecting leased employees, promptly provide first aid and emergency aid to the victims, immediately notify the labor subleasing enterprise, and conduct notification and investigation as prescribed in Articles 34 and 35 of this Law;
    • c) Organize occupational safety and hygiene training for leased employees in accordance with this Law, unless such training has already been provided by the labor subleasing enterprise appropriate to the assigned work; every 6 months and annually, compile reports on occupational accidents and occupational diseases of the leased employees and send them to the labor subleasing enterprise;
    • d) Coordinate with the labor subleasing enterprise in investigating occupational accidents; retain records related to occupational safety and hygiene of the leased employees.
  3. Leased employees must comply with the internal rules, procedures, and measures ensuring occupational safety and hygiene of the labor sublessee.
  4. The Government shall detail occupational safety and hygiene in labor subleasing, responsibilities of the labor subleasing enterprise and the labor sublessee toward the leased employees, ensuring their rights and interests in accordance with the Labor Code and this Law.

Article 66. Occupational Safety and Hygiene at Workplaces with Employees of Multiple Employers

At workplaces where employees of multiple employers work together, the project owner or investor must organize for the employers to jointly prepare a written document clearly identifying the responsibilities of each party in ensuring occupational safety and hygiene for employees, and assign personnel to coordinate in occupational safety and hygiene inspection.

Article 67. Occupational Safety and Hygiene for Vietnamese Employees Working Abroad

  1. Vietnamese employees working abroad as prescribed in this Article include Vietnamese employees sent abroad by their employers to perform tasks and Vietnamese employees working abroad under contracts in accordance with the Law on Vietnamese Employees Working Abroad under Contract.
  2. Employers must comply with the occupational safety and hygiene regulations of the host country and must also comply with the following:
    • a) Ensure the implementation of all occupational safety and hygiene measures, accident insurance, occupational disease insurance, and other employer responsibilities toward employees as prescribed in this Law; if the host country’s regulations provide more favorable conditions for employees, the host country’s regulations shall apply;
    • b) Coordinate with competent authorities of the host country in investigating accidents or diseases occurring to employees;
    • c) In cases of fatal occupational accidents or serious occupational accidents, provide all records and documents related to the accident to the provincial-level occupational safety and hygiene inspectorate in Vietnam where the employer’s head office is located.
  3. Vietnamese employees working abroad must comply with the laws of Vietnam and the host country, unless otherwise provided by international treaties to which the Socialist Republic of Vietnam is a member.

Article 68. Occupational Safety and Hygiene for Domestic Workers

  1. Employers must provide guidance on the use of machinery, equipment, household tools, and fire and explosion prevention measures related to the work of domestic workers; implement regimes related to ensuring safety and healthcare for domestic workers.
  2. Domestic workers must comply with proper instructions for using machinery, equipment, tools, and fire and explosion prevention.
  3. The Minister of Labor, Invalids and Social Affairs shall detail the occupational safety and hygiene requirements applicable to domestic workers.

Article 69. Occupational Safety and Hygiene for Home-Based Workers

  1. Employees who reach a written agreement with the employer on taking work home must ensure the occupational safety and hygiene requirements for the assigned work at their home.
  2. If an occupational accident occurs while working at home, the employee or their relatives must immediately report the incident to the employer.

If the employee suffering the occupational accident participates in occupational accident and occupational disease insurance, the related benefits and policies shall be settled as prescribed by this Law.

If the employee suffering the occupational accident is not required to participate in occupational accident and occupational disease insurance, the employer shall settle the employee’s benefits in accordance with Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 10 of Article 38 of this Law.

  1. The employer must inspect the occupational safety and hygiene conditions of the workplace of the home-based worker; fulfill commitments in the agreement with the home-based worker; and report occupational accidents occurring during home-based work together with general occupational accident reports as prescribed in Article 36 of this Law.

Article 70. Occupational Safety and Hygiene for Students, Trainees, Apprentices, and Probationers

  1. Educational institutions and vocational training institutions are responsible for ensuring occupational safety and hygiene conditions for students, trainees, and apprentices during practice and training, similar to employees as prescribed in Articles 15, 16, 18, 19, 20, 23, 24, 25, and Clause 1, Article 27 of this Law.
  2. Employers are responsible for implementing occupational safety and hygiene regulations for trainees, apprentices, and probationers as for employees under this Law, including cases involving occupational accidents.
  3. Students, trainees, and apprentices must comply with occupational safety and hygiene regulations of educational and training institutions during practice and training.

If students or trainees suffer occupational accidents during practice, they shall receive assistance as prescribed by the Government.

Chapter V: ENSURING OCCUPATIONAL SAFETY AND HYGIENE FOR MANUFACTURING AND BUSINESS FACILITIES

Article 71. Implementation of Occupational Safety and Hygiene in Manufacturing and Business Facilities

  1. When organizing occupational safety and hygiene activities, manufacturing and business facilities must comply with the safety and hygiene provisions in Chapters I, II, III, and IV of this Law and must also comply with the provisions of this Chapter.
  2. Management boards of economic zones, industrial parks, export processing zones, and high-tech parks are responsible for directing the organization of occupational safety and hygiene activities for manufacturing and business facilities under their management; coordinating safety and hygiene inspections and reporting such activities to the state labor management agency within their authority, unless otherwise provided by sector-specific laws.
  3. Based on the scale and nature of work, risks of occupational accidents and diseases, and working conditions, the Government shall detail the application of occupational safety and hygiene provisions of this Law to other facilities and management boards of economic zones, industrial parks, export processing zones, and high-tech parks under Clause 2 of this Article, in line with working conditions, organizational structure, functions, tasks, and other relevant specialized regulations.

Article 72. Occupational Safety and Hygiene Unit under the Law on Occupational Safety and Hygiene

  1. Based on the scale and nature of work, risks of occupational accidents and diseases, and working conditions, employers must assign personnel to perform occupational safety and hygiene tasks or establish an occupational safety and hygiene management unit at the facility. — The Government shall detail this Clause.
  2. Personnel performing occupational safety and hygiene tasks or the occupational safety and hygiene unit shall advise and assist employers in organizing occupational safety and hygiene activities at manufacturing and business facilities, including the following primary duties:
    • a) Develop internal rules, procedures, and measures ensuring occupational safety and hygiene; fire and explosion prevention;
    • b) Develop and monitor the implementation of annual occupational safety and hygiene plans; conduct risk assessment and develop emergency response plans;
    • c) Manage and monitor the declaration and inspection of machinery, equipment, materials, and substances subject to strict safety and hygiene requirements;
    • d) Organize information, communication, and training activities on occupational safety and hygiene; first aid, emergency aid, and occupational disease prevention for employees;
    • đ) Organize self-inspections on occupational safety and hygiene; investigate occupational accidents and technical incidents causing unsafe conditions as prescribed by law;
    • e) Lead and coordinate with the medical unit in monitoring and controlling hazardous and harmful factors;
    • g) Consolidate and propose to the employer ways to handle recommendations from inspection teams, supervisory groups, and employees regarding occupational safety and hygiene;
    • h) Coordinate with the grassroots trade union executive committee in guiding the activities of safety and hygiene officers;
    • i) Organize emulation, commendation, disciplinary actions, statistics, and reporting on occupational safety and hygiene activities.
  3. Personnel performing occupational safety and hygiene tasks or the occupational safety and hygiene unit have the following rights:
    • a) Request the production supervisor to issue an order to suspend work, or they may decide to temporarily suspend work in emergencies when detecting risks of occupational accidents, in order to implement safety measures, and must report to the employer;
    • b) Suspend the operation of machinery or equipment that fails to ensure safety or has expired its service life;
    • c) Be allocated time by the employer to attend training courses, professional development, and advanced training in occupational safety and hygiene as prescribed by law.
  4. Personnel performing occupational safety and hygiene tasks must have technical expertise and practical understanding of the production and business activities of the facility.
  5. If the facility cannot assign personnel or establish an occupational safety and hygiene unit under Clauses 1 and 4 of this Article, it must hire competent organizations in accordance with the law to perform occupational safety and hygiene tasks prescribed in Clause 2 of this Article.

Article 73. Medical Unit under the Law on Occupational Safety and Hygiene

  1. Based on the scale and nature of work, risks of occupational accidents and diseases, and working conditions, employers must assign medical personnel or establish a medical unit responsible for healthcare management of employees.

The Government shall detail this Clause.

  1. Medical personnel or the medical unit shall advise, assist employers, and directly implement healthcare management for employees with the following primary duties:
    • a) Develop plans for first aid, emergency aid, essential medicines, accident emergency scenarios, and organize first aid–emergency training for employees at the facility;
    • b) Develop plans and organize health checkups, occupational disease examinations, medical assessments for determining work capacity reduction due to occupational accidents or diseases, rehabilitation, and counseling on preventive measures for occupational diseases; propose and arrange suitable job positions according to employees’ health conditions;
    • c) Organize general healthcare and medical treatment at the facility, and provide first aid and emergency aid in case of occupational accidents or technical incidents causing unsafe conditions as prescribed;
    • d) Provide information, disseminate hygiene guidelines, prevent occupational diseases, promote workplace health; inspect compliance with hygiene regulations, organize disease prevention, ensure food safety and hygiene for employees; and organize nutritional support in kind as prescribed;
    • đ) Establish and manage information on hygiene activities at the workplace; conduct work environment monitoring to assess harmful factors; manage employees’ health records and records of occupational disease patients (if any);
    • e) Coordinate with the occupational safety and hygiene unit in implementing relevant tasks prescribed in Clause 2, Article 72 of this Law.
  2. Medical personnel or the medical unit have the following rights:
    • a) Request the production supervisor to order work suspension, or directly decide temporary suspension in emergencies when detecting violations or risks affecting employees’ health, illness, or disease, and must report to the employer; manage medical equipment and emergency supplies at the workplace; instruct employees in first aid and emergency aid;
    • b) Suspend the use of substances that fail to meet occupational safety and hygiene regulations;
    • c) Be allocated time by the employer to attend meetings, conferences, and coordinate with local or sectoral health authorities for professional development and cooperation.
  3. Medical personnel at facilities must possess healthcare qualifications and a certificate in occupational health expertise.
  4. If the facility cannot assign medical personnel or establish a medical unit under Clauses 1 and 4 of this Article, it must contract with a competent medical examination and treatment facility recognized by the Minister of Health to perform healthcare tasks for employees as prescribed in Clause 2 of this Article.

Article 74. Safety and Hygiene Officers under the Law on Occupational Safety and Hygiene

  1. Each production group in manufacturing and business facilities must have at least one part-time safety and hygiene officer during working hours. The employer issues the decision on establishing and issuing operational regulations of the safety and hygiene officer network after reaching consensus with the grassroots trade union executive committee, if established at the facility.
  2. Safety and hygiene officers are direct workers knowledgeable in occupational safety and hygiene; voluntary and exemplary in complying with safety and hygiene regulations; and elected by employees in the group.
  3. Safety and hygiene officers operate under the management and guidance of the grassroots trade union executive committee based on the operational regulations of the safety and hygiene officer network; coordinate professionally with personnel performing occupational safety and hygiene tasks, the occupational safety and hygiene unit, medical personnel, or medical unit at the facility.
  4. Safety and hygiene officers have the following obligations:
    • a) Remind, urge, and guide members of the group, team, or workshop to strictly comply with occupational safety and hygiene regulations; maintain safety equipment and personal protective equipment; remind team leaders, supervisors, and foremen to comply with safety regulations;
    • b) Monitor compliance with standards, regulations, procedures, and internal rules on occupational safety and hygiene; detect shortcomings, violations, and unsafe conditions involving machinery, equipment, materials, substances, or workplace conditions;
    • c) Participate in developing occupational safety and hygiene plans; guide new employees on safe working methods;
    • d) Propose to team leaders or higher levels the implementation of full labor protection regimes, safety measures, and timely remedies for unsafe conditions involving machinery, equipment, materials, substances, or workplaces;
    • đ) Report to the trade union or labor inspector when detecting violations of occupational safety and hygiene regulations at the workplace, or unsafe conditions involving machinery, equipment, or substances subject to strict safety requirements that have not been addressed by the employer.
  1. Safety and hygiene officers have the following rights:
    • a) Be fully informed about safety measures implemented by the employer to ensure occupational safety and hygiene at the workplace;
    • b) Be allocated part of their working time to perform safety and hygiene officer duties while still being paid and receiving responsibility allowances.

The responsibility allowance level shall be mutually agreed upon by the employer and the grassroots trade union executive committee and documented in the operational regulations of the safety and hygiene officer network;

    • c) Request employees in the group to stop working in order to implement safety measures if there is a direct risk of incidents or occupational accidents, and take responsibility for such decisions;
    • d) Receive training and professional development to improve qualifications, skills, and working methods.

Article 75. Grassroots Occupational Safety and Hygiene Council under the Law on Occupational Safety and Hygiene

  1. Based on the scale, nature of work, risks of occupational accidents and diseases, and working conditions, the employer shall establish a Grassroots Occupational Safety and Hygiene Council.

The Government shall detail this Clause.

  1. The Grassroots Occupational Safety and Hygiene Council has the following duties and powers:
    • a) Advise and coordinate with the employer in developing internal rules, procedures, plans, and measures to ensure occupational safety and hygiene at the manufacturing and business facilities;
    • b) Annually organize dialogues at the workplace between employees and the employer to share information, enhance mutual understanding, and promote improvements in fair and safe working conditions; improve the effectiveness of implementing policies and laws on occupational safety and hygiene at the facilities;
    • c) Organize inspections on the implementation of occupational safety and hygiene at the manufacturing and business facilities;
    • d) Request the employer to implement remedial measures upon detecting risks of unsafe or unhygienic working conditions.
  2. The composition of the Grassroots Occupational Safety and Hygiene Council includes:
    • a) A representative of the employer serving as the Chairperson of the Council;
    • b) A representative of the grassroots trade union executive committee, or a representative of the employees where no trade union exists, serving as the Vice Chairperson of the Council;
    • c) The person in charge of occupational safety and hygiene at the facility serving as the standing member and concurrently the Secretary of the Council;
    • d) The person in charge of medical work at the facility;
    • đ) Other relevant members.

The composition of the Grassroots Occupational Safety and Hygiene Council must ensure an appropriate proportion of female members in accordance with the principles of gender equality and the actual conditions of the manufacturing and business facilities.

Article 76. Occupational Safety and Hygiene Plan under the Law on Occupational Safety and Hygiene

  1. Annually, the employer must develop and implement an occupational safety and hygiene plan. For tasks arising during the planning year, appropriate adjustments must be added to the plan.
  2. The development of the occupational safety and hygiene plan must include consultation with the grassroots trade union executive committee and be based on the following:
    • a) Risk assessment of occupational safety and hygiene at the workplace; control of hazardous and harmful factors; and emergency response plans;
    • b) Results of occupational safety and hygiene implementation in the previous year;
    • c) Business and production plans and labor conditions of the planning year;
    • d) Recommendations from employees, the trade union, inspection teams, and supervisory teams.
  3. The occupational safety and hygiene plan must include the following main contents:
    • a) Technical measures for occupational safety and fire and explosion prevention;
    • b) Technical measures for occupational hygiene, prevention of harmful factors, and improvement of working conditions;
    • c) Provision of personal protective equipment for employees;
    • d) Healthcare for employees;
    • đ) Information, communication, education, and training on occupational safety and hygiene.

Article 77. Risk Assessment of Occupational Safety and Hygiene

  1. Risk assessment of occupational safety and hygiene is the analysis and identification of dangers and harmful factors at the workplace to proactively prevent occupational accidents and diseases and improve working conditions.
  2. The employer must organize and guide employees to conduct risk assessments before starting work, regularly during work, or whenever necessary.
  3. In industries and occupations with high risks of occupational accidents and diseases, risk assessment must be mandatory and included in internal rules and working procedures.
  4. The Minister of Labor, Invalids and Social Affairs shall detail Clauses 2 and 3 of this Article after consulting the Minister of Health.

Article 78. Emergency Response Plan under the Law on Occupational Safety and Hygiene

  1. Based on the risks of occupational accidents and diseases at the workplace and legal regulations, the employer must develop an emergency response plan.
  2. The emergency response plan must include the following main contents:
    • a) Evacuation procedures for employees from hazardous areas;
    • b) First aid and emergency aid for victims;
    • c) Measures to prevent and mitigate consequences caused by incidents;
    • d) Emergency response equipment;
    • đ) On-site emergency response forces; coordination plans with external forces; and rehearsal plans.
  1. The order, procedures, and authority for approving the emergency response plan shall comply with legal regulations.

Article 79. Organization of Emergency Response Forces under the Law on Occupational Safety and Hygiene

  1. At workplaces with hazardous or harmful factors that may cause occupational accidents, the employer must organize specialized or semi-specialized emergency response forces as prescribed and provide first aid and emergency aid training for employees.
  2. The emergency response forces must be equipped with technical and medical equipment to ensure timely response, first aid, and emergency aid, and must be properly trained.
  3. The Minister of Health shall detail the organization, equipment, and training of first-aid and emergency-response forces at workplaces.

Article 80. Self-Inspection of Occupational Safety and Hygiene

  1. The employer must develop and conduct periodic and ad-hoc self-inspections on occupational safety and hygiene at the facility.
  2. The content, methods, and frequency of self-inspection must ensure effectiveness and suit the nature of work, risks of occupational accidents and diseases, and working conditions.
  3. The Minister of Labor, Invalids and Social Affairs shall detail this Article after consulting the Minister of Health.

Article 81. Statistics and Reporting on Occupational Safety and Hygiene

  1. Annually, the employer must conduct statistics and reporting on occupational safety and hygiene at the workplace as follows:
    • a) Report occupational safety and hygiene activities to the provincial-level labor management authority and provincial-level health authority, unless otherwise provided by specialized law;
    • b) Conduct statistics and report occupational accidents, occupational diseases, and technical incidents causing serious unsafe or unhygienic conditions as prescribed in Articles 36 and 37 of this Law.
  2. The Minister of Labor, Invalids and Social Affairs shall detail Point a, Clause 1 of this Article after consulting the Minister of Health.

Chapter VI: STATE MANAGEMENT OF OCCUPATIONAL SAFETY AND HYGIENE

Article 82. Contents of State Management of Occupational Safety and Hygiene

  1. Issuing and organizing the implementation of legal documents on occupational safety and hygiene; developing, issuing, or announcing national technical standards and regulations on occupational safety and hygiene, and local technical regulations within assigned authority.
  2. Communicating, disseminating, and educating laws on occupational safety and hygiene.
  3. Monitoring, statistics, and providing information on occupational accidents and diseases; developing national occupational safety and hygiene programs and dossiers.
  4. Managing organizations and activities providing services in the field of occupational safety and hygiene.
  5. Organizing research and application of science and technology in occupational safety and hygiene.
  6. Inspecting, examining, resolving complaints and denunciations, and handling legal violations on occupational safety and hygiene.
  7. Training and capacity building in occupational safety and hygiene.
  8. International cooperation on occupational safety and hygiene.

Article 83. Responsibilities for State Management of Occupational Safety and Hygiene

  1. The Government uniformly manages state management of occupational safety and hygiene.
  2. The Ministry of Labor, Invalids and Social Affairs is responsible to the Government for unified state management of occupational safety and hygiene.
  3. Ministries and ministerial-level agencies, within their assigned duties and powers, are responsible for implementing state management of occupational safety and hygiene.
  4. People’s Committees at all levels, within their duties and powers, shall carry out state management of occupational safety and hygiene.

Article 84. Responsibilities of the Minister of Labor, Invalids and Social Affairs in State Management of Occupational Safety and Hygiene

  1. Lead the development, submission for promulgation, or promulgate under authority and organize the implementation of laws, policies, plans, and national programs on occupational safety and hygiene; develop national occupational safety and hygiene dossiers.
  2. Issue the List of machines, equipment, materials, and substances subject to strict occupational safety and hygiene requirements as prescribed in Clause 2, Article 28 of this Law; lead state management of training and inspection activities for such items.
  3. Develop or comment on national technical standards and regulations on occupational safety and hygiene as prescribed in Article 87 of this Law.
  4. Monitor, compile, and provide information on occupational safety and hygiene; conduct statistics as prescribed by the law on statistics.
  5. Lead the dissemination and education of laws on occupational safety and hygiene; prevention of technical incidents causing unsafe or unhygienic conditions, occupational accidents, and occupational diseases.
  6. Submit to the Government measures to protect the legitimate rights and interests of employees regarding occupational accident and disease insurance.
  7. Inspect, examine, and handle violations related to occupational safety and hygiene; coordinate in investigating occupational accidents and technical incidents; recommend the Ministry of Public Security and the Supreme People’s Procuracy to investigate occupational accidents showing signs of criminal offenses.
  8. International cooperation on occupational safety and hygiene.

Article 85. Responsibilities of the Minister of Health in State Management of Occupational Safety and Hygiene

  1. Develop, submit for promulgation, or promulgate under authority legal documents on workplace environmental monitoring; assessment, control, and management of harmful factors; and organizing workplace environmental monitoring.
  2. Develop national technical standards and regulations on occupational safety and hygiene related to occupational hygiene factors; comment on occupational hygiene contents as prescribed in Clause 5, Article 87 of this Law.
  3. Provide guidance on occupational hygiene management and prevention of occupational diseases.
  4. Guide health examinations for employees, occupational disease detection, assessment of work capacity reduction, treatment, rehabilitation for employees suffering from occupational accidents or diseases, and management of employee health records.
  5. Coordinate with the Ministry of Labor, Invalids and Social Affairs in developing occupational safety and hygiene training content; disseminating and educating laws on occupational hygiene.
  6. Develop, issue, and periodically review, amend, and supplement the List of occupational diseases as prescribed in Clause 1, Article 37 of this Law; organize occupational disease assessment and develop health standards for specific occupations after consultation with relevant ministries and sectors.
  7. Monitor, compile, and provide information on occupational hygiene activities; develop databases on occupational diseases; and manage employee health at workplaces.
  8. Coordinate with the Ministry of Labor, Invalids and Social Affairs in developing assessment criteria for the List of heavy, hazardous, dangerous, and extremely heavy, hazardous, dangerous occupations and jobs.
  9. Coordinate with the Ministry of Labor, Invalids and Social Affairs in inspecting compliance with occupational hygiene laws.
  10. Annually submit reports to the Ministry of Labor, Invalids and Social Affairs on the implementation of policies and laws on occupational safety and hygiene within its management scope.

Article 86. Responsibilities of People’s Committees at All Levels in State Management of Occupational Safety and Hygiene

  1. Develop, submit for promulgation, or promulgate legal documents and local technical regulations under authority.
  2. Be responsible for the management of occupational safety and hygiene in the locality; develop and implement relevant policies and laws.
  3. Annually report to the People’s Councils at the same level on the implementation of occupational safety and hygiene policies and laws, or provide ad-hoc reports upon request from competent authorities.
  4. Annually allocate resources for communication, dissemination, and education on occupational safety and hygiene suitable to local conditions; prioritize communication for employees working without labor contracts.
  5. Inspect, examine, and handle violations of occupational safety and hygiene laws within their authority.

Article 87. Responsibilities for developing and promulgating national standards on occupational safety and hygiene, and developing and issuing national technical regulations on occupational safety and hygiene

  1. The Ministry of Science and Technology approves the plan for developing national standards on occupational safety and hygiene and publishes national standards on occupational safety and hygiene.
  2. The Ministry of Labour, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries and ministerial-level agencies in formulating plans to develop national technical regulations on occupational safety and hygiene.
  3. Ministries and ministerial-level agencies shall take the lead in developing national standards on occupational safety and hygiene and in developing and issuing national technical regulations on occupational safety and hygiene within the areas assigned by the Government after obtaining unified opinions from the Ministry of Labour, Invalids and Social Affairs; in case no agreement is reached, the agency leading the development of national standards or national technical regulations shall report to the Prime Minister for consideration and decision.

The appraisal of national standards and national technical regulations on occupational safety and hygiene shall be carried out by the Ministry of Science and Technology in accordance with the Law on Standards and Technical Regulations.

  1. The Ministry of Labour, Invalids and Social Affairs shall develop national standards and issue national technical regulations on occupational safety and hygiene within its management authority in accordance with Clause 3 of this Article; and is responsible for coordinating with ministries and ministerial-level agencies to submit to the Prime Minister for decision the assignment of responsibilities for developing national standards and developing and issuing new national technical regulations or those involving the management scope of multiple ministries and ministerial-level agencies.
  2. The Ministry of Health shall develop national standards and issue national technical regulations on occupational safety and hygiene within its management authority in accordance with Article 85 of this Law; and shall provide unified opinions on occupational hygiene content during the development of national standards and national technical regulations on occupational safety and hygiene by ministries and ministerial-level agencies.

Article 88. National Council for Occupational Safety and Hygiene and Provincial Councils for Occupational Safety and Hygiene

  1. The National Council for Occupational Safety and Hygiene is an advisory organization to the Government in developing new or amending and supplementing policies and laws on occupational safety and hygiene. The Council is established by the Prime Minister and consists of representatives from the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health, the Vietnam General Confederation of Labour, the Vietnam Farmers’ Union, representatives of employers’ organizations, relevant ministries and sectors, and several experts and scientists in the field of occupational safety and hygiene.
  2. The Provincial Council for Occupational Safety and Hygiene is an advisory organization to the People’s Committee in implementing policies and laws on occupational safety and hygiene at the local level. The Council is established by the Chairperson of the provincial People’s Committee and consists of representatives from the Department of Labour, Invalids and Social Affairs, the Department of Health, the Labour Federation, the Farmers’ Union, several enterprises, agencies, organizations, experts, and scientists in the field of occupational safety and hygiene within the locality.
  3. Annually, the Councils on Occupational Safety and Hygiene shall organize dialogues to share information and strengthen understanding among employers, employees, trade unions, employers’ representative organizations, and state agencies to promote the improvement of fair and safe working conditions for workers and enhance the effectiveness of developing and implementing policies and laws on occupational safety and hygiene.
  4. The Government shall detail the establishment, functions, duties, organization, and operation of the National Council for Occupational Safety and Hygiene and Provincial Councils for Occupational Safety and Hygiene.

Article 89. Occupational safety and hygiene inspection

  1. Occupational safety and hygiene inspection is a specialized inspection under the central and provincial state management agencies in charge of labour.
  2. The inspection of occupational safety and hygiene in the fields of radiation, petroleum exploration and exploitation, railway, waterway, road, aviation transport, and units under the armed forces shall be conducted by the respective state management agencies in these fields in coordination with the occupational safety and hygiene inspectorate.
  3. The Government shall detail the organization and operation of the occupational safety and hygiene inspectorate as provided in Clause 1 of this Article and the inter-sectoral coordination mechanism provided in Clause 2 of this Article.

Article 90. Handling violations of laws on occupational safety and hygiene

  1. Any person who violates the laws on occupational safety and hygiene shall, depending on the nature and seriousness of the violation, be subject to administrative sanctions or criminal prosecution; if causing damage, compensation and remedies must be provided as prescribed by law.
  2. Any person who abuses his/her position or authority to violate this Law, infringing upon the interests of the State or the lawful rights and interests of organizations and individuals, shall, depending on the nature and seriousness of the violation, be subject to disciplinary actions or criminal prosecution; if causing damage, compensation must be made in accordance with the law.
  3. Any employer who evades, delays, or appropriates contributions to occupational accident and occupational disease insurance, or fraudulently claims benefits from occupational accident and occupational disease insurance as prescribed in Clause 2 Article 12 of this Law for 30 days or more, shall, in addition to paying the unpaid or delayed amount and being sanctioned according to the law, also pay interest equal to twice the average investment interest rate of the Social Insurance Fund of the preceding year calculated on the unpaid amount and duration; if still not complying, based on the request of competent authorities, banks, credit institutions, and state treasuries shall deduct money from the employer’s accounts to pay the unpaid amount, delayed contributions, and interest to the social insurance agency’s account.
  4. The Government shall detail the violations, forms, and levels of administrative penalties for violations in the field of occupational safety and hygiene stipulated in this Law.

Article 91. Coordination mechanism on occupational safety and hygiene

  1. The coordination mechanism on occupational safety and hygiene shall be implemented as follows:
    • a) The Ministry of Labour, Invalids and Social Affairs shall take the lead and coordinate with ministries, ministerial-level agencies, Government agencies, and provincial People’s Committees in carrying out the coordination contents specified in Clause 2 of this Article within their scope of responsibility;
    • b) State management agencies on occupational safety and hygiene at all levels shall coordinate with political organizations, socio-political organizations, socio-political-professional organizations, social-professional organizations, and other organizations in the occupational safety and hygiene activities related to their respective fields.
  2. The coordination contents on occupational safety and hygiene include:
    • a) Developing policies and laws on occupational safety and hygiene; standards and technical regulations on occupational safety and hygiene;
    • b) Developing national programs and dossiers on occupational safety and hygiene;
    • c) Investigating occupational accidents; incidents and technical failures causing occupational safety and hygiene risks; policies and regimes for employees suffering occupational accidents and occupational diseases;
    • d) Information, dissemination, education, training, statistics, and reporting on occupational safety and hygiene; inspection of machinery, equipment, and materials subject to strict occupational safety requirements;
    • đ) Inspection, supervision, and handling violations of laws on occupational safety and hygiene;
    • e) Rewarding achievements in occupational safety and hygiene;
    • g) Research and application of science and technology on occupational safety and hygiene.

The Government shall detail this Article.

Chapter VII: IMPLEMENTATION PROVISIONS OF THE LAW ON OCCUPATIONAL SAFETY AND HYGIENE

Article 92. Effectiveness of the Law on Occupational Safety and Hygiene

  1. This Law takes effect from July 01, 2016.
  2. The provisions on occupational accident and occupational disease insurance in Section 3 Chapter III, Clause 4 Article 84, Point b Clause 1 and Point a Clause 2 Article 86, Articles 104, 105, 106, 107, 116, and 117 of the Law on Social Insurance No. 58/2014/QH13 shall cease to be effective from the effective date of this Law.
  3. Organizations providing technical safety inspection and occupational safety and hygiene training that were operating before this Law takes effect may continue operating until the expiry date of their issued certificates of eligibility.

Article 93. Detailed regulations on the Law on Occupational Safety and Hygiene

The Government and competent state agencies shall detail the articles and clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, Legislature XIII, at its 9th session on June 25, 2015.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY

(Signed)
Nguyễn Sinh Hùng

 

LÊ THẾ QUÝ
LÊ THẾ QUÝ

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