Decree 140/2018/ND-CP is a legal document signed by the Prime Minister on October 8, 2018, and effective from October 9, 2018.
| GOVERNMENT ———— |
SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— |
| No: 140/2018/ND-CP | Hanoi, October 8, 2018 |
DECREE
AMENDING AND SUPPLEMENTING DECREE RELATED TO BUSINESS INVESTMENT CONDITIONS AND ADMINISTRATIVE PROCEDURES UNDER THE STATE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Drug Prevention and Control 2000; Law amending and supplementing a number of articles of the Law on Drug Prevention and Control 2008;
Pursuant to the Law on the Elderly dated November 23, 2009;
Pursuant to the Law on Persons with Disabilities dated June 17, 2010;
Pursuant to the Employment Law dated November 16, 2013;
Pursuant to the Social Insurance Law dated November 20, 2014;
Pursuant to the Vocational Education Law dated November 27, 2014;
Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;
Pursuant to the Investment Law dated November 26, 2014 and the Law amending and supplementing Article 6 and Appendix 4 on the list of conditional business sectors of the Investment Law dated November 22, 2016;
Pursuant to the Ordinance on Prostitution Prevention dated March 14, 2003;
At the proposal of the Minister of Labor, Invalids and Social Affairs;
The Government promulgates the Decree amending and supplementing decrees related to business investment conditions and administrative procedures under the state management of the Ministry of Labor, Invalids and Social Affairs.
Chapter I: OCCUPATIONAL SAFETY AND HEALTH IN DECREE 140/2018/ND-CP
Article 1. Amendments and Supplements
Certain provisions of Decree No. 44/2016/ND-CP dated May 15, 2016, detailing some articles of the Law on Occupational Safety and Health on activities of labor safety technical inspection, occupational safety training and labor environment monitoring.
1. Amend and supplement Article 4 as follows:
“Article 4. Conditions for granting a Certificate of Eligibility for labor safety technical inspection activities
- An organization eligible to be granted a Certificate of Eligibility for labor safety technical inspection activities must satisfy the following conditions:
- a) Ensure that equipment and tools serving inspection for each subject within the scope of inspection meet the requirements of inspection procedures and national technical standards on occupational safety and health.
- b) Have at least 02 inspectors employed under contracts of 12 months or longer within the organization to perform inspections for each subject within the scope of the requested Certificate of Eligibility.
- c) The person in charge of technical inspection activities of the organization must have a minimum of 02 years of experience as an inspector.
- The equipment and personnel mentioned in points a, b, and c of Clause 1 of this Article can only be used as conditions for requesting a Certificate of Eligibility for labor safety technical inspection activities for one organization.”
2. Amend Clause 1, Article 5 as follows:
“1. The dossier for granting the Certificate of Eligibility for labor safety technical inspection activities includes:
- a) Application form for the Certificate;
- b) Copy of the establishment decision for public service units;
- c) List of equipment and tools for inspection;
- d) List of inspectors according to the form in Appendix Ia attached to this Decree;
- đ) One of the following documents to prove the experience of the person in charge of technical inspection activities:
Copy of social insurance participation book or sheets;
Copy of labor contract;
Copy of inspection minutes with the certificate of inspection results.”
3. Amend point c, Clause 2, Article 5 as follows:
“c) Documents specified in points b, c, d, and đ of Clause 1, Article 5 in case of any changes.”
4. Amend and supplement Article 8 as follows:
“Article 8. Revocation of the Certificate of Eligibility for labor safety technical inspection activities
- The Certificate of Eligibility for labor safety technical inspection activities shall be revoked in any of the following cases:
- a) Expiration of suspension period without remedying the causes of suspension;
- b) Conducting inspection activities during the suspension period, resulting in the revocation of the Certificate;
- c) Six months after a change in operating conditions that serve as the basis for granting the Certificate, if the organization fails to meet the conditions specified in Article 4 of this Decree;
- d) Conducting inspection activities without meeting the conditions specified in Article 4 of this Decree;
- đ) Forging or providing false documents in the application, renewal, or reissuance of the Certificate;
- e) Dissolution or bankruptcy of the organization.
- An organization whose Certificate is revoked under points a, b, c, d, and đ of Clause 1 may be considered for re-issuance of the Certificate after 6 months from the effective date of the revocation decision.”
5. Amend Article 17 as follows:
“Article 17. Target participants of occupational safety training, occupational hygiene
- Group 1: Heads of units, production, and business establishments, departments, branches; those in charge of production, business, technical departments; workshop managers or equivalents; deputies assigned to manage occupational safety and hygiene.
- Group 2: Personnel performing occupational safety and hygiene tasks, including full-time and part-time safety officers; those directly supervising safety and hygiene at workplaces.
- Group 3: Workers performing jobs with strict occupational safety and hygiene requirements, listed in the job catalog issued by the Ministry of Labor, Invalids and Social Affairs.
- Group 4: Workers not included in Groups 1, 3, 5, 6, including apprentices, trainees, and probationary employees.
- Group 5: Healthcare personnel.
- Group 6: Safety and hygiene officers according to Article 74 of the Law on Occupational Safety and Health.”
6. Amend Clause 4, Article 19 as follows:
“4. Group 5: Total training hours shall be at least 16 hours, including assessment time.”
7. Amend Article 22 as follows:
“Article 22. Standards for occupational safety and hygiene trainers
- Training in policies and laws on occupational safety and hygiene
- a) University degree or higher with at least 03 years of work in research, policy development, legal framework, inspection, or management of occupational safety and hygiene;
- b) College degree with at least 04 years of similar experience.
- Training in professional knowledge and basic occupational safety and hygiene:
- a) University degree or higher with at least 03 years in developing or implementing occupational safety and hygiene activities;
- b) College degree with at least 04 years in developing or implementing occupational safety and hygiene activities;
- c) Enterprise safety personnel not covered by a or b, with at least 05 years of occupational safety and hygiene experience.
- Training in specialized theory:
- a) University degree with appropriate specialization and at least 03 years in developing or implementing occupational safety and hygiene;
- b) College degree with appropriate specialization and at least 04 years in developing or implementing occupational safety and hygiene.
- Practical training:
- a) Group 2 practical training: College degree or higher, relevant specialization, proficient in practical tasks with machinery, equipment, chemicals;
- b) Group 3 practical training: Intermediate or higher degree, at least 03 years in strict occupational safety tasks or related work;
- c) Group 4 practical training: Technical intermediate degree or higher, or at least 03 years of practical work experience in the relevant field;
- d) First aid and accident response training: College degree in medicine or higher with at least 3 years of direct experience or a medical doctor;
- đ) Enterprise safety personnel not covered by a, b, c but with at least 04 years of experience shall be trained according to their relevant experience.
- The Ministry of Labor, Invalids and Social Affairs shall detail the training framework for occupational safety trainers, exemptions for previously learned content, assessment organization, and certificate issuance.
- Every 5 years, trainers must attend refresher courses on knowledge, policies, laws, science, and technology on occupational safety, except for first aid trainers in point a, Clause 1 of this Article.
- Organizations conducting trainer courses must maintain a tracking log and report to the Ministry of Labor, Invalids and Social Affairs the results of the training.
8. Amend the title of Section 3 as follows:
“Training Certificate, safety card.”
9. Amend the title of Article 24 to
“Management of issuance of training certificates and safety cards,” and remove content related to certification in occupational health specialties from Article 24.
10. Amend the title of Article 25 to
“Issuance period and re-issuance of training certificates and safety cards,” and Clauses 1 and 2 are amended as follows:
- Training certificates and safety cards are valid for 2 years.
- Within 30 days before the expiration of a training certificate or safety card, the employer shall prepare a list of personnel to be reissued, accompanied by training results or documents proving updated knowledge and skills in occupational safety and hygiene as regulated in Clause 1, Article 21 of this Decree, and submit it to the training organization or self-training enterprise as specified in Articles 26 and 29 of this Decree. If the training results meet the requirements, a new training certificate and safety card shall be issued in accordance with this Decree.
11. Amend Article 26 as follows:
“Article 26. Classification of training organizations, operational conditions, and issuance of Certificate of Eligibility
- Training organizations are classified according to the characteristics and complexity of the training subjects as follows:
- a) Class A: Training groups 4 and 6;
- b) Class B: Training groups 1, 4, 5, and 6;
- c) Class C: Training groups 1, 2, 3, 4, 5, and 6.
- Operational conditions for Class A training organizations:
- a) Own or lease at least one classroom with a minimum area of 30 m2;
- b) Have at least 02 full-time trainers for legal and professional content and 01 trainer for first aid and accident response;
- c) Have training materials appropriate for the training subjects and developed according to the framework program prescribed in this Decree;
- d) Machinery, equipment, workshops, and training locations must ensure occupational safety and hygiene as regulated in Clauses 1 and 2, Article 16 of the Law on Occupational Safety and Hygiene.
- Operational conditions for Class B training organizations:
- a) Own or lease at least one classroom with a minimum area of 30 m2;
- b) Own or lease machinery, equipment, chemicals, workshops, and practical areas ensuring occupational safety and hygiene appropriate for the registered training specialization;
- c) Have at least 04 full-time trainers for legal and professional content, including 01 trainer for specialized practical training and 01 trainer for first aid and accident response;
- d) Have training materials appropriate for the training subjects and developed according to the framework program prescribed in this Decree.
- Operational conditions for Class C training organizations:
- a) Own or lease at least one classroom with a minimum area of 30 m2;
- b) Own or lease machinery, equipment, chemicals, workshops, and practical areas ensuring occupational safety and hygiene appropriate for the registered training specialization. Machinery, equipment, materials, chemicals, and practical training locations must comply with occupational safety and hygiene laws; practical training area must have at least 300 m2;
- c) Have at least 04 full-time trainers for legal and professional content, including 01 trainer for specialized practical training and 01 trainer for first aid and accident response;
- d) Have training materials appropriate for the training subjects and developed according to the framework program prescribed in this Decree.
12. Amend Article 27 as follows:
“Article 27. Authority to receive dossiers and issue, re-issue, extend, or revoke Certificates of Eligibility for training organizations
- The Ministry of Labor, Invalids and Social Affairs has the authority to receive, issue, re-issue, extend, or revoke Certificates of Eligibility for the following training organizations:
- a) Training organizations established by ministries, central agencies, corporations, and state-owned general companies under the decision of ministries or central agencies;
- b) Class C training organizations.
- Departments of Labor, Invalids and Social Affairs of provinces and centrally-governed cities have authority to handle Certificates for Class B training organizations, except those under point a, Clause 1 of this Article.
- Class A training organizations may self-declare their eligibility for occupational safety and hygiene training and submit a notice using Form 03b, Appendix II, attached to this Decree, to the competent authority as follows:
- a) Ministry of Labor, Invalids and Social Affairs: receives self-declaration notices for training organizations established by ministries, central agencies, corporations, and state-owned general companies;
- b) Departments of Labor, Invalids and Social Affairs of provinces and centrally-governed cities: receive self-declaration notices for Class A training organizations except those under point a, Clause 1 of this Article.
13. Amend Article 28 as follows:
“Article 28. Dossier and procedures for issuance, extension, supplementation, re-issuance, and modification of Certificates of Eligibility for occupational safety and hygiene training organizations
- The dossier for new issuance includes:
- a) Application form for Certificate of Eligibility according to Form 01, Appendix II;
- b) Description of training scale, conditions, and implementation measures according to Form 02, Appendix II;
- c) Occupational safety and hygiene training materials (only list items according to Form 02, Appendix II; present upon request of the competent authority).
- The dossier for extension, re-issuance, supplementation, or modification includes:
- a) For expired certificates, submit a written request for extension; if any information has changed, update according to the new issuance dossier format in Clause 1 of this Article;
- b) For amendments or supplementation of scope, submit a written request using Form 01, Appendix II, and additional explanation according to Form 02, Appendix II;
- c) For lost or damaged certificates, submit a written request for re-issuance;
- d) For name changes of the organization, submit a written request and return the original Certificate.
- Procedures for issuance, extension, supplementation, re-issuance, and modification of Certificates and disclosure of training organization information:
- a) Organizations applying for new issuance, extension, or modification of Class B or C certificates submit 01 set of dossier to the competent authority for evaluation and issuance; pay evaluation fees as regulated by the Ministry of Finance.
- Extension requests must be submitted at least 30 days before the certificate expiration.
- b) Class A self-declared training organizations submit 01 set of dossier to the competent authority.
- c) Within 25 working days of receiving a complete dossier, the competent authority shall evaluate and issue the Certificate; publish on the electronic portal. If denied, a written notice with reasons must be provided.
- d) Within 10 working days of receiving a request for re-issuance due to loss/damage or name change, the competent authority shall re-issue the Certificate.
- Dossiers may be submitted directly, via postal service, or online through the public service portal.
14. Amend Clause 2, Article 29 as follows:
“2. Procedures for reviewing and assessing self-training enterprises:
- a) Enterprises seeking self-training for Class B or C must prepare a dossier proving eligibility and submit to the competent authority as regulated in Article 27. Class A self-declared enterprises publish their eligibility online or notify the Department of Labor, Invalids and Social Affairs of their location.
- b) Within 25 working days of receiving a complete dossier, the competent authority shall review and issue Certificates of Eligibility for self-training, Class B and C.
- If the competent authority does not notify that the enterprise fails to meet conditions within 25 working days, the enterprise may self-train within the requested scope.
- c) The validity period for self-training eligibility of Class B and C is 5 years. At least 30 days before expiration, enterprises wishing to continue must submit a dossier for re-assessment of eligibility.”
15. Amend and supplement Article 31 as follows:
“Article 31. Revocation of Certificate of Eligibility, suspension of self-training activities
- The Certificate of Eligibility shall be revoked in the following cases:
- a) Upon expiration of the suspension period of training activities or the period of deprivation of the right to use the Certificate of Eligibility according to a decision of the competent authority without rectifying the violation leading to the penalty.
- b) Conducting training activities during the period when the competent authority has suspended activities or revoked the Certificate of Eligibility.
- Class A self-declared training organizations or enterprises shall be suspended from self-training if they violate the regulations on operational conditions.
16. Amend point c, Clause 2, Article 32 as follows:
“c) Support employees through occupational safety and hygiene training organizations.”
17. Amend the second item, point a, Clause 2, Article 33 as follows:
“- Have at least 2 years of experience in occupational environment monitoring or 3 years of experience in preventive medicine.”
18. Amend the first item, point b, Clause 2, Article 33 as follows:
“- Professional qualification from intermediate level or higher in the fields of medicine, environment, biochemistry;”
19. Amend points a, b, c, Clause 3, Article 33 as follows:
“a) Monitoring harmful factors in the working environment
Ensure to perform at least 70% of the following factors:
- Measure, test, and analyze on-site and in the laboratory microclimate factors, including temperature, humidity, wind speed, and thermal radiation;
- Measure, test, and analyze on-site and in the laboratory physical factors, including light, noise, vibration by frequency range, radiation, electromagnetic fields, ultraviolet radiation;
- Assess occupational exposure factors, including microorganisms, allergens, sensitizers, solvents;
- Assess work load and some psychophysiological labor indicators (Ergonomics): physical workload; psychological stress; ergonomic assessment of work positions;
- Sample, preserve, measure, test on-site and analyze in the laboratory dust particles, analyze silica content in dust, metal dust, coal dust, talc dust, cotton dust, and asbestos dust;
- Sample, preserve, measure, test on-site and analyze in the laboratory chemical factors including at least NOx, SOx, CO, CO2, organic solvents (benzene and homologues – toluene, xylene), mercury, arsenic, TNT, nicotine, and pesticide chemicals.
b) Have plans and procedures for safe storage, usage, maintenance, and calibration of equipment as regulated by competent authorities or manufacturer’s instructions if not regulated by the state;
c) Have procedures for using and operating equipment for sampling, preserving, measuring, testing, and analyzing the occupational environment.”
20. Amend Clauses 1 and 2, Article 40 as follows:
“1. Lead the management, guidance, and inspection of the issuance of professional certificates in occupational health, first aid, and emergency response at workplaces. Receive information and publish on the Ministry of Health’s electronic portal regarding medical units issuing professional certificates and conducting first aid and emergency response training at workplaces within their management authority.
Direct provincial Departments of Health to manage, inspect, receive information, and publish on their electronic portal regarding medical units conducting first aid and emergency response training and issuing professional certificates in occupational health.
Regulate first aid and emergency response training at workplaces for medical facilities from district level upwards.
2. Regulate training materials and content for occupational health, first aid, and emergency response at workplaces. Coordinate with the Ministry of Labor, Invalids, and Social Affairs to develop a detailed framework program for training in occupational health, first aid, emergency response at workplaces, occupational hygiene, and occupational diseases.”
21. Amend Clause 2, Article 44 as follows:
“2. Before December 15 each year, organizations conducting occupational safety technical inspections shall report in writing the results of their activities to the Ministry of Labor, Invalids, and Social Affairs, and to the provincial Departments of Labor, Invalids, and Social Affairs where they are headquartered and operate, and to the competent authority issuing the Certificate of Eligibility for inspection, according to the form prescribed in Appendix Id attached to this Decree. Simultaneously, send an email to the Ministry of Labor, Invalids, and Social Affairs at: antoanlaodong@molisa.gov.vn”
22. Replace the form “List of assigned inspectors”
in Appendix Ia of Decree 44/2016/ND-CP with Form 06 “List of Inspectors” as prescribed in Appendix I of this Decree.
23. Replace Forms 01 and 02
in Appendix II of Decree 44/2016/ND-CP with Forms 01 and 02 in Appendix I attached to this Decree; add Form 3b to Appendix II of Decree 44/2016/ND-CP as Form 03 in Appendix I of this Decree.
24. Replace Section 5
The framework training program for group 5 in Appendix IV of Decree 44/2016/ND-CP with Section IV, framework training program for group 5 in Appendix I attached to this Decree.
25. Replace Form 05 in Appendix II
of Decree 44/2016/ND-CP with Form 04 in Appendix I of this Decree; replace Form 09 in Appendix II of Decree 44/2016/ND-CP with Form 05 in Appendix I of this Decree.
26. Abolish
the “List of documents serving inspection activities” form in Appendix Ia of Decree 44/2016/ND-CP.
27. Abolish
Form 03 in Appendix III of Decree 44/2016/ND-CP.
Article 2. Abolition
Clause 2, Article 9; Clause 4, Article 11; point d, Clause 2 and point b, Clause 3, Article 12; Clauses 3 and 6, Article 15; point c, Clause 5, Article 18; Clause 3, Article 24 of Decree 44/2016/ND-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Occupational Safety and Hygiene on occupational safety inspection, occupational safety training, and occupational environment monitoring.
Chapter II: VOCATIONAL EDUCATION IN DECREE 140/2018/ND-CP
Article 3. Amend and supplement certain provisions of Decree 31/2015/ND-CP
dated March 24, 2015, in Decree 140/2018/ND-CP
detailing the implementation of certain provisions of the Law on Employment regarding assessment and issuance of national vocational skill certificates
1. Amend Clause 2, Article 3 as follows:
“2. Regarding personnel directly implementing vocational skill assessment of participants:
There must be at least 01 person officially working at the vocational skill assessment organization, holding a national skill assessor card (hereinafter referred to as assessor card) suitable for the occupation and skill level of the certificate requested.”
2. Amend and supplement Article 6 as follows:
“Article 6. Dossier, procedures for issuance, re-issuance, modification, and supplementation of certificates of assessment activity and national vocational skill certificates
- Dossier components
- a) Dossier for certificate issuance is 01 set, including:
- – Written request of the organization;
- – Establishment decision of the organization issued by the competent authority;
- – Documents proving compliance with conditions prescribed in Article 3 of this Decree.
- a) Dossier for certificate issuance is 01 set, including:
-
- b) Dossier for re-issuance
- In case of damaged, torn, or lost certificates, the dossier for re-issuance is 01 set, including:
- – Written request of the organization;
- – Previously issued certificate, except when lost.
- c) Dossier for modification or supplementation
- In case of changes or additions to the occupation name, skill level, or organization’s name and address, the dossier for modification is 01 set, including:
- – Written request of the vocational skill assessment organization;
- – Previously issued certificate, except when lost;
- – Documents related to changes or additions. For adding occupation names or skill levels, documents must prove compliance with requirements on facilities, equipment, and personnel directly implementing skill assessment as prescribed in Article 3 of this Decree.
- Procedures:
- – Organizations requesting issuance, re-issuance, modification, or supplementation shall prepare the dossier according to points a, b, or c, and submit it directly via the public service portal or by post to the Ministry of Labor, Invalids, and Social Affairs (via the Directorate of Vocational Education). If submitted directly or by post, dossier components must be originals or certified copies; if submitted online, follow electronic transaction regulations.
- Within 10 working days of receiving the dossier, the competent authority shall check and issue, re-issue, or modify the certificate; if not granted, a written explanation with reasons must be provided.
3. Amend Article 12 as follows:
“Article 12. National Vocational Skill Assessor Card
- The assessor card must clearly state the occupation and skill level being assessed. The Ministry of Labor, Invalids, and Social Affairs shall prescribe the card template and the documents required for the assessor card application; organize the compilation of programs and training materials on national vocational skill assessment; and conduct training to issue assessor cards.
- Within 3 (three) working days from the date the assessor card is issued, re-issued, modified, supplemented, canceled, or revoked, the Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs shall publish on its electronic portal the list of individuals whose cards have been issued, re-issued, modified, supplemented, canceled, or revoked.
4. Amend and supplement Article 13 as follows:
“Article 13. Dossier, procedures for issuance, re-issuance, modification, and supplementation of assessor cards
- Dossier components
- a) Dossier for issuing an assessor card is 01 set, including:
-
-
- – Assessor card application form of the individual with 01 (one) color photo sized 3×4 cm;
- – A set of documents proving compliance with the conditions prescribed in Article 11 of this Decree.
-
-
- b) Dossier for re-issuing an assessor card
-
-
- In case the assessor card is damaged, torn, or lost, the dossier for re-issuance is 01 set, including:
- – Application form for re-issuance or modification with 01 (one) color photo sized 3×4 cm;
- – Previously issued assessor card, except in case of loss.
- c) Dossier for modification or supplementation of the assessor card
- In case of changes or additions to the skill level allowed for assessment, the dossier for modification is 01 set, including:
- – Application form for modification with 01 (one) color photo sized 3×4 cm;
- – Previously issued assessor card, except in case of loss;
- – Documents related to changes or additions to skill levels ensuring compliance with the conditions for issuing assessor cards as prescribed in Article 11 of this Decree.
-
- Procedures:
-
- – Applicants for issuance, re-issuance, modification, or supplementation shall prepare the dossier as per points a, b, or c of Clause 1 and submit directly, via the online public service portal, or by post to the Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs. If submitted directly or by post, the dossier components must be originals or certified copies; if submitted online, follow electronic transaction regulations.
- – Within 7 (seven) working days from receiving the dossier, the Directorate of Vocational Education shall review and issue, re-issue, or modify the assessor card; in case of refusal, a written explanation with reasons must be provided.
5. Amend Clause 1, Article 22 as follows:
“1. The Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs shall decide to establish supervision teams to monitor national vocational skill assessment sessions conducted at each vocational skill assessment organization.”
6. Amend Clause 1, Article 23 as follows:
“1. Submit a written report to the Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs regarding the postponement of an ongoing national vocational skill assessment session to be reorganized at a suitable time.”
7. Amend Article 26 as follows:
“Article 26. Issuance of National Vocational Skill Certificates
- Based on the minutes and aggregated results of knowledge tests and practical tests prepared by the examiners, and the supervision minutes from the supervision team, the vocational skill assessment organization decides to recognize the results and prepare the dossier for issuing national vocational skill certificates to qualified participants, which is submitted to the Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs.
- The Directorate of Vocational Education shall review the dossier for issuance or re-issuance, issue the certificate; in case of refusal, provide a written explanation; recognize and issue certificates to subjects prescribed in Article 18 of this Decree; publicly publish the list of those issued, re-issued, or revoked certificates on the agency’s portal; collect, manage, and use issuance fees according to Ministry of Finance guidelines.
- The Ministry of Labor, Invalids, and Social Affairs shall prescribe the template of national vocational skill certificates; dossier, procedures for issuance and re-issuance; and regulations for certificate revocation.
8. Amend references in Clause 3, Article 15; Clause 4, Article 20.
Replace the term “Ministry of Labor, Invalids, and Social Affairs” with “Directorate of Vocational Education under the Ministry of Labor, Invalids, and Social Affairs.”
Article 4. Abolish Articles 7 and 14 of Decree 31/2015/ND-CP dated March 24, 2015 in Decree 140/2018/ND-CP
detailing the implementation of certain provisions of the Law on Employment regarding assessment and issuance of national vocational skill certificates
Article 5. Amend and supplement certain provisions of Decree 143/2016/ND-CP dated October 14, 2016 in Decree 140/2018/ND-CP
prescribing investment conditions and operations in the field of vocational education
1. Amend and supplement Clauses 1 and 3, Article 3 as follows:
“1. Comply with the planning of the network of vocational education institutions in Vietnam. For public vocational education institutions, upon establishment, they must operate under the autonomy mechanism for public service units prescribed by the Government.
3. Have land for facilities ensuring a minimum area of 1,000 m2 for vocational education centers; 10,000 m2 for secondary schools in urban areas and 20,000 m2 in non-urban areas; 20,000 m2 for colleges in urban areas and 40,000 m2 in non-urban areas.”
2. Amend and supplement the title of Article 6, points c and d, Clause 1, Article 6 as follows:
“Article 6. Dossier for establishment and permission of vocational education institutions
- c) Draft master plan of campus layout and buildings, ensuring suitability for the sector, occupation, scale, training level, and standards for learning and teaching areas;
- d) Copy of land use certificate, ownership certificate of buildings of organizations, institutions, or individuals, clearly stating the address, area, boundaries, and agreements on leasing existing facilities in compliance with law, valid for at least 5 years from submission date.
3. Amend Article 9 as follows:
“Article 9. Conditions, procedures, and authority for establishing and permitting branch campuses of secondary and college schools
- Establishment of a branch campus is based on the occupation, training level, and scale of training organized at the branch.
- Conditions, procedures, and authority follow Clause 3, Article 16 of the Law on Vocational Education.
4. Amend and supplement points a and b, Clause 1, Article 10 as follows:
- a) Comply with the approved network planning of vocational education institutions;
- b) Ensure the rights of students, teachers, lecturers, managers, staff, and employees;
5. Add Clause 3 to Article 13 as follows:
“3. Vocational education institutions that have changed their name may continue to organize training in the occupations previously certified by the competent authority.”
6. Amend and supplement Article 14 as follows:
a) Amend and supplement point b, Clause 2:
- b) Have facilities and training equipment suitable for the occupation, scale, and training level, specifically:
- Classrooms; laboratories; practice and internship workshops; experimental production facilities meeting teaching, learning, and research requirements; minimum average area of 5.5 m2 per student for theoretical and practical rooms.
- Sufficient training equipment per occupation according to minimum standards prescribed by the Minister of Labor, Invalids, and Social Affairs. If not prescribed, ensure equipment meets training program requirements and corresponds to the scale of the occupation.
- Library with software and equipment for borrowing, referencing, and research; sufficient materials including books, manuals, modules, credit courses, and related documents.
- Administrative offices ensuring minimum 6 m2 per person for secondary and 8 m2 per person for college level.
- Cultural, sports, recreational, medical, and service facilities for management, teachers, lecturers, and students.
b) Amend and supplement point d, Clause 2:
- d) Have sufficient teachers, lecturers, managers, qualified in number and structure for occupations and training level; meet professional standards, skills, and pedagogical competence; ensure objectives and programs are met:
- Maximum student/teacher ratio: 25; at least 60% of each program taught by full-time staff.
- Foreign teachers must comply with Vietnamese labor regulations for working in foreign-invested institutions.
7. Amend and supplement point b, Clause 2, Article 15 as follows:
“b) Copy of investment registration certificate (if available)”
8. Amend and supplement Clause 8, Article 18 as follows:
“8. Rename the vocational education institution.”
9. Amend and supplement Clauses 3 and 4, Article 19 as follows:
“3. Dossier for registering additional vocational education activities under Clause 8, Article 18 includes:
- a) Written request for additional vocational education activities;
- b) Copy of the decision to rename the institution.
4. Dossier for registering additional activities under Clause 9, Article 18 includes:
- Written request to stop enrollment or reduce scale for previously certified occupations.
10. Amend and supplement Appendix Va as follows:
“Abolish Sections II and III, Part One of the Report Form for registering vocational education activities.”
Article 6. Abolish certain provisions of Decree 143/2016/ND-CP dated October 14, 2016 in Decree 140/2018/ND-CP
“Prescribing investment conditions and operations in vocational education
- Abolish Clause 2, Article 3.
- Abolish Article 5.
- Abolish Clause 4, Article 6.
- Abolish point d, Clause 1, Article 14.
- Abolish points b and d, Clause 1, and point d, Clause 2, Article 15.
Article 7. Amend and supplement certain provisions of Decree 49/2018/ND-CP dated March 30, 2018 in Decree 140/2018/ND-CP
“Regarding quality inspection of vocational education
1. Amend Clause 2, Article 4 as follows:
- 2. Have a stable office for at least 2 years; sufficient equipment for quality inspection of vocational education.
2. Amend point c, Clause 1, Article 8 as follows:
- c) Documents regarding the person directly in charge of quality inspection: Appointment decision and copy of quality inspector card.
Article 8. Repeal Clause 2, Article 6 of Decree No. 49/2018/ND-CP dated March 30, 2018 in Decree 140/2018/ND-CP
on quality accreditation of vocational education
Chapter III: FIELD OF SOCIAL EVILS PREVENTION AND CONTROL IN DECREE 140/2018/ND-CP
Article 9. Amend and supplement certain articles of Decree No. 147/2003/ND-CP dated December 2, 2003 in Decree 140/2018/ND-CP
regulating conditions and procedures for granting licenses and managing voluntary drug rehabilitation establishments
1. Amend and supplement Article 5 as follows:
“Article 5. Conditions for detoxification, rehabilitation, and health recovery
- Regarding facilities
- a) There must be an admission area for drug addicts; a detoxification, emergency area with a minimum usable area of 30 m2; a post-detox monitoring area with a minimum usable area of 5 m2 per person, equipped with standard living facilities (shared toilets, bed, mat, blanket, personal mosquito net) to ensure a minimum detoxification and rehabilitation period of 20 days from the start of detoxification;
- b) Sufficient medical equipment and tools must be available for detoxification, health monitoring, post-detox recovery, and equipment specified in Appendix II attached to this Decree; drugs for detoxification support, anti-shock drugs, emergency drugs, and other necessary drugs as regulated by the Ministry of Health;
- c) There must be separate management areas for specific groups: under-18s, women, people with infectious diseases, and people with mental disorders.
- Regarding personnel:
- a) The head of the rehabilitation facility must hold a college degree or higher and have a certificate of completion of basic drug rehabilitation training;
- b) The professional in charge must be a doctor with a valid license in psychiatry or supportive drug rehabilitation, with at least 36 months of medical practice, including at least 12 months directly in drug rehabilitation;
- c) Management staff, medical staff, counselors, and nurses at the rehabilitation facility must hold at least an intermediate degree in a relevant major and have a certificate of completion of basic drug rehabilitation training.
2. Amend and supplement Article 7 as follows:
“Article 7. Conditions for facilities implementing education, behavior and personality rehabilitation; occupational therapy, career guidance, vocational training, and preparation for community reintegration; prevention of relapse
- Regarding facilities
- a) There must be an area for reception, care, monitoring, and post-detox health recovery, with separate areas for under-18s, women, infectious patients, and people with mental disorders;
- b) Areas for study, recreation, sports, health exercises, and cultural activities according to rehabilitation and personality education programs;
- c) Sufficient space and workshops for organizing suitable occupational therapy for drug addicts.
- Regarding personnel:
- a) The professional in charge must hold a college degree or higher in sociology, psychology, or healthcare; have at least 12 months of direct experience in drug rehabilitation; possess a certificate of completion of basic drug rehabilitation training; and work full-time at the rehabilitation facility;
- b) Management staff, medical staff, counselors, nurses, technicians, and vocational teachers at the facility must hold at least an intermediate degree in a relevant field and have a certificate of completion of basic drug rehabilitation training.
Chapter IV: EMPLOYMENT FIELD IN DECREE 140/2018/ND-CP
Article 10. Amend certain articles and clauses of Decree No. 52/2014/ND-CP dated May 23, 2014 in Decree 140/2018/ND-CP
regulating conditions and procedures for granting business service employment licenses
1. Amend Article 11 as follows:
“Article 11. Application dossier for license
- Enterprises applying for an employment service license shall submit directly or via postal system one (1) set of application dossier to the competent state agency. The dossier includes:
- a) Application letter from the enterprise;
- b) Copy of the certificate of deposit as prescribed in Article 10 of this Decree;
- c) Documents proving sufficient premises conditions as prescribed in Article 8 of this Decree.
- Within 7 working days from receiving a complete dossier under Clause 1 of this Article, the competent state agency shall grant the license. If not granted, the agency must provide a written explanation with reasons.
2. Amend Article 12 as follows:
“Article 12. Employment service activity notification
- Within 20 working days from the license issuance, the enterprise must publicly announce via mass media its license, premises, activity sector, account, director’s name, and phone number.
- At least 10 working days before starting employment service activities, the enterprise must notify in writing the competent state agency that issued the license about the starting date.
- In case of relocating the head office or branch, the enterprise must submit written notice to the competent licensing agency, including documents proving the validity of the new premises, as prescribed in Article 8 of this Decree, at least 10 working days before relocation.
3. Amend Clauses 2 and 3, Article 13 as follows:
“2. Enterprises applying for re-issuance of the license must submit one (1) set of dossier directly or via postal system to the competent agency. The dossier includes:
- a) Application letter for re-issuance;
- b) Damaged license or copies of documents proving changes in license contents.
3. Within 5 working days from receiving a complete dossier, the competent agency shall re-issue the license. If not, a written explanation with reasons must be provided.”
4. Amend Clauses 1 and 3, Article 14 as follows:
“1. Within 20 working days before the license expiration, the enterprise applying for license extension shall submit one (1) set of dossier directly or via postal system to the competent agency. The dossier includes:
- Application for license extension;
- Expired license;
- Copies of documents proving eligibility as prescribed in Article 7 of this Decree.
3. Within 5 working days from receiving the dossier, the competent agency shall extend the license. If not extended, a written explanation with reasons must be provided.”
5. Amend Clause 3, Article 16 as follows:
“3. Within 5 working days from issuance, re-issuance, extension, or revocation of a license, the competent agency must notify in writing the district People’s Committee where the enterprise’s head office is located.”
6. Amend Clause 2, Article 17 as follows:
“2. Within 10 working days from the assignment of a branch, the enterprise must notify the competent agency that issued the employment service license at the branch location.”
Article 11. Amend and supplement certain articles of Decree No. 11/2016/ND-CP dated February 3, 2016 in Decree 140/2018/ND-CP
detailing implementation of certain Labor Code provisions on foreign workers in Vietnam
1. Add Point 1, Clause 1, Article 2 as follows:
“1) Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a member.”
2. Amend Article 4 as follows:
“Article 4. Use of foreign workers
- Determining the need for foreign workers
- a) Employers (except contractors) must determine the need for foreign workers for positions that Vietnamese workers cannot fill and report to the provincial/municipal People’s Committee (hereinafter “provincial People’s Committee”) where the foreign worker is expected to work. Any changes in need must be reported to the provincial People’s Committee;
- b) Foreign workers specified in Clauses 3, 4, 5, 8, Article 172 of the Labor Code, and points e, h, i, Clause 2, Article 7 of this Decree are exempt from the above requirement.
- The provincial People’s Committee shall approve the employer’s use of foreign workers for each position.
3. Amend and supplement Point i, Clause 2, Article 7 as follows:
“i) Relatives of members of foreign representative agencies in Vietnam are not required to obtain a work permit under the international treaties to which Vietnam is a party;”
4. Add Point m, Clause 2, Article 7 as follows:
“m) Person responsible for establishing a commercial presence”
5. Amend and supplement Clause 2, Article 8 as follows:
“2. Employers must request the Department of Labor, Invalids and Social Affairs where the foreign worker will work to confirm that the worker is not required to obtain a work permit at least 7 working days before the start date, except for cases specified in Clause 4, 5, Article 172 of the Labor Code and points e, i, Clause 2, Article 7 of this Decree.”
6. Amend and supplement Clause 6, Article 10 as follows:
“6. Copy of passport or valid substitute travel document as prescribed by law.”
7. Amend and supplement Clause 2, Article 12 as follows:
“2. Within 5 working days from receiving a complete application for a work permit, the Department of Labor, Invalids and Social Affairs shall issue the work permit using the form prescribed and uniformly issued by the Ministry of Labor, Invalids and Social Affairs. If not issued, a written explanation with reasons must be provided.”
8. Amend and supplement Point b, Clause 1, Article 20 as follows:
“b) Approve the need for foreign workers; confirm exemption from work permit; issue or re-issue work permits; request the police to expel foreign workers without work permits for employers specified in points d, đ, e, g, l, Clause 2, Article 2, and employers specified in point a, Clause 2, Article 2 with headquarters in one province but representative offices or branches in other provinces may choose to execute via the Ministry of Labor, Invalids and Social Affairs.”
Article 12. Repeal of Clause 2, Article 7 and Article 9 of Decree No. 52/2014/ND-CP dated May 23, 2014 in Decree 140/2018/ND-CP
regulating the conditions and procedures for granting business operation licenses for employment service enterprises.
Article 13. Repeal of point b, Clause 3, Article 8 and Article 17 of Decree No. 11/2016/ND-CP dated February 3, 2016 in Decree 140/2018/ND-CP
detailing the implementation of certain provisions of the Labor Code regarding foreign workers working in Vietnam.
Chapter V: SOCIAL INSURANCE SECTOR IN DECREE 140/2018/ND-CP
Article 14. Amendments and supplements to certain articles of Decree No. 166/2016/ND-CP dated December 24, 2016 in Decree 140/2018/ND-CP
regulating electronic transactions in the field of social insurance, health insurance, and unemployment insurance.
1. Amendments and supplements to Article 22 as follows:
“Article 22. Registration for use, information adjustment, and discontinuation of electronic transaction methods in the field of social insurance
- 1. When registering to participate in electronic transactions, adjusting information, or discontinuing the use of electronic transaction methods in the field of social insurance, agencies, organizations, and individuals shall submit the Registration Form for Use, Information Adjustment, and Discontinuation of Electronic Transaction Methods in the Field of Social Insurance according to Form No. 01, Appendix III attached to this Decree, and send the electronic version to the Vietnam Social Insurance Portal or submit the paper version to Vietnam Social Insurance.
- 2. Within 03 working days from the date of receiving the Registration Form for Use, Information Adjustment, and Discontinuation of Electronic Transaction Methods from the agency, organization, or individual, Vietnam Social Insurance shall send a notification of approval to the email address of the agency, organization, or individual; in case of disapproval, Vietnam Social Insurance must notify and clearly state the reason.
- 3. For cases of discontinuing the use of electronic transaction methods, from the time Vietnam Social Insurance notifies approval, the agency, organization, or individual shall conduct transactions with the social insurance agency using paper records as prescribed. If the agency, organization, or individual wishes to resume using electronic transaction methods, they must register according to Clause 1 of this Article.”
2. Amendments and supplements to Article 27 as follows:
“Article 27. Registration for use, information adjustment, and discontinuation of I-VAN service
- When registering to use, adjust information, or discontinue I-VAN service, agencies, organizations, and individuals shall submit the Registration Form for Use, Information Adjustment, and Discontinuation of I-VAN Service according to Form No. 02, Appendix III attached to this Decree, and send the electronic version to the I-VAN organization. Within 02 hours of receiving the Registration Form, the I-VAN organization shall send it to the Vietnam Social Insurance Portal.
- Within 03 working days from receiving the Registration Form, Vietnam Social Insurance shall send a notification of approval to the I-VAN organization; in case of disapproval, Vietnam Social Insurance must notify and state the reason.
- Within 02 hours of receiving the notification from Vietnam Social Insurance, the I-VAN organization shall inform agencies, organizations, and individuals participating in electronic transactions in the field of social insurance.
- In case of changing the I-VAN organization, agencies, organizations, and individuals must discontinue the I-VAN service and register to use the I-VAN service according to Clause 1 of this Article.
- For cases of discontinuing the use of I-VAN service, from the time of approval, agencies, organizations, and individuals shall conduct social insurance transactions using paper records.”
Article 15. Repeal
Articles 23, 24, 28, and 29 of Decree No. 166/2016/ND-CP dated December 24, 2016 on electronic transactions in the field of social insurance, health insurance, and unemployment insurance, and Article 15 of Decree No. 134/2015/ND-CP dated December 29, 2015 detailing certain provisions of the Social Insurance Law on voluntary social insurance in Decree 140/2018/ND-CP.
Chapter VI: SOCIAL WELFARE SECTOR IN DECREE 140/2018/ND-CP
Article 16. Amendments to certain articles of Decree 103/2017/ND-CP dated September 12, 2017 in Decree 140/2018/ND-CP
regulating the establishment, organization, operation, dissolution, and management of social welfare facilities.
1. Amendments and supplements to Article 11 as follows:
“Article 11. Establishment, reorganization, and dissolution
The establishment, reorganization, and dissolution of public social welfare facilities under the authority of the Provincial People’s Committee shall be carried out in accordance with Decree No. 55/2012/ND-CP dated June 28, 2012 of the Government on the establishment, reorganization, and dissolution of public non-business units (hereinafter referred to as Decree No. 55/2012/ND-CP).”
2. Amendments and supplements to Article 17 as follows:
“Article 17. Registration for establishment, registration of content changes, or re-issuance of establishment certificate
- Organizations and individuals shall submit directly or by post 01 set of documents for registration of establishment as prescribed in Article 15 of this Decree to the authority issuing the establishment certificate.
- In case of content changes or re-issuance of the establishment certificate, the facility shall submit 01 set of documents prescribed in Article 20 of this Decree to the authority issuing the establishment certificate.
- Within 05 working days from the date of receiving the full documents, the authority issuing the establishment certificate is responsible for reviewing and issuing the certificate for newly registered facilities; for content changes or re-issuance, the authority shall issue the certificate accordingly. If the facility does not meet the conditions, the authority shall notify in writing the reasons to the organization or individual.
- Facilities established under enterprise law or under laws on social organization, social welfare facilities with fewer than 10 beneficiaries are not required to follow the registration procedures under Section 2, Chapter III of this Decree.”
3. Amendments and supplements to Article 20 as follows:
“Article 20. Documents for registration of content changes or re-issuance of establishment certificate
- A written request for content change or re-issuance of the establishment certificate of the facility.
- A photocopy of the previously issued establishment certificate.”
4. Amendments and supplements to point b, Clause 1, Article 29 as follows:
“b) A photocopy of the establishment certificate or the decision on establishment as prescribed by law.”
Article 17. Amendments
to certain articles of Decree No. 136/2013/ND-CP dated October 21, 2013 on social assistance policies for social welfare beneficiaries and Decree No. 28/2012/ND-CP dated April 10, 2012 detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities in Decree 140/2018/ND-CP.
1. Amendments to Article 7 of Decree No. 136/2013/ND-CP as follows:
“Article 7. Monthly social assistance application, and monthly support for care and maintenance
- The monthly social assistance application includes: Declaration forms of beneficiaries according to Forms 1a, 1b, 1c, 1d, and 1đ in Appendix IV attached to this Decree.
- The monthly care and maintenance support application includes:
- a) Household declaration with a disabled person according to Form 2a, Appendix IV;
- b) Declaration for care and maintenance of social welfare beneficiaries certified by the Commune People’s Committee as meeting conditions according to Form 2b, Appendix IV;
- c) Declaration of the cared-for person in cases where the person does not receive monthly social assistance according to Form 03, Appendix IV.”
- Written petitions from the beneficiary, guardian, or relevant organizations/individuals for adjustment, termination of benefits, or change of residence.”
2. Amendments to Article 8 of Decree No. 136/2013/ND-CP as follows:
“Article 8. Procedures for implementation, adjustment, and termination of monthly social assistance and monthly care and maintenance support
- Procedures for implementation, adjustment, and termination of monthly social assistance and care/maintenance support as follows:
- a) The beneficiary, guardian, or relevant organization/individual submits the application as prescribed in Article 7 of this Decree to the Commune People’s Committee. When submitting, the following documents must be presented for verification:
- – Household registration book or certification from commune/ward/town police.
- – Birth certificate for children for cases of child social assistance, single poor parents raising children, or disabled persons raising children.
- – HIV confirmation from competent health authorities for HIV cases.
- – Pregnancy confirmation from competent health authorities for disabled persons who are pregnant.
- – Disability certificate for disabled persons.
- a) The beneficiary, guardian, or relevant organization/individual submits the application as prescribed in Article 7 of this Decree to the Commune People’s Committee. When submitting, the following documents must be presented for verification:
-
- b) Within 10 working days from receiving the complete application, the Social Assistance Evaluation Council (hereinafter referred to as the Council) evaluates and publicly posts the results at the Commune People’s Committee office for 05 working days, except information related to HIV status.
- After posting, if there are no complaints, the Council inserts the meeting minutes into the beneficiary’s file and submits to the Commune People’s Committee Chairman.
- If there is a complaint, within 10 working days of receiving it, the Council concludes and publicly announces the outcome to the Commune People’s Committee Chairman.
- c) Within 03 working days of receiving the Council’s conclusion, the Commune People’s Committee Chairman sends it (with the beneficiary’s file) to the Department of Labor, War Invalids, and Social Affairs;
- d) Within 07 working days of receiving the file and request, the Department reviews and submits to the District/City People’s Committee Chairman for decision on social assistance. If not eligible, the Department shall reply in writing with reasons;
- e) Within 03 working days of receiving the Department’s submission, the District/City People’s Committee Chairman decides on monthly social assistance for the beneficiary.
- Time of receiving social assistance for elderly persons starts from 80 years old. For others, it starts from the month the District/City People’s Committee Chairman signs the decision.
- Time for adjustment or termination starts from the month following the month the decision is signed.
- If a monthly social assistance beneficiary dies, the Commune People’s Committee Chairman requests the Department to report to the District/City People’s Committee Chairman to terminate the assistance. Termination starts from the month following the month of death.
- Procedures for monthly social assistance payment when the beneficiary changes residence within the same district:
- a) The beneficiary or guardian submits a written request to the Commune People’s Committee at the new residence;
- b) Within 03 working days, the Commune People’s Committee Chairman sends it to the Department;
- c) Within 03 working days of receiving the request, the Department verifies and implements the monthly social assistance payment at the new residence.
- Procedures when changing residence between districts:
- a) The beneficiary submits a written request to the Commune People’s Committee where receiving social assistance;
- b) The Commune People’s Committee Chairman sends it to the Department;
- The Department submits to the District/City People’s Committee Chairman for termination at the old residence and sends the documents to the Commune People’s Committee at the new residence;
- c) Within 03 working days of receiving the file, the Commune People’s Committee confirms and forwards it to the Department;
- d) Within 05 working days, the Department verifies and submits to the District/City People’s Committee Chairman to decide monthly social assistance from the month following the termination decision at the old residence.”
Article 18. Repeal
Articles 20, 21, and 22 of Decree No. 28/2012/ND-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities; Article 21 of Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government on social assistance policies for social welfare beneficiaries in Decree 140/2018/ND-CP.
Chapter VII: IMPLEMENTATION OF DECREE 140/2018/ND-CP
Article 19. Effective date and implementation of Decree 140/2018/ND-CP
- This Decree shall take effect from the date of signing.
- Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairpersons of Provincial/Municipal People’s Committees are responsible for guiding and implementing this Decree.
Recipients:
|
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc |
APPENDIX I: FORMS ON OCCUPATIONAL SAFETY AND HYGIENE IN DECREE 140/2018/ND-CP
(Attached to Decree No. 140/2018/ND-CP dated October 08, 2018 of the Government)
| Form No. 01 | Application for Certificate of Eligibility for Occupational Safety and Hygiene Training |
| Form No. 02 | Explanatory Document on Training Scale and Conditions, Implementation Measures |
| Form No. 03 | Notification of Eligibility for Category A Occupational Safety and Hygiene Training |
| Form No. 04 | Periodic Report on Occupational Safety and Hygiene Training Activities |
| Form No. 05 | Training Certificate Issuance Log |
| Form No. 06 | List of Inspectors |
Form No. 01

Form No. 02


Note: For equipment requiring occupational safety technical inspection, indicate the inspection year in the notes section.
Form No. 03


Form No. 04


Form No. 05


Form No. 06

APPENDIX II: LIST OF MINIMUM MEDICAL EQUIPMENT IN DECREE 140/2018/ND-CP
(Attached to Decree No. 140/2018/ND-CP dated October 08, 2018 of the Government)
| No. | MEDICAL EQUIPMENT FOR DETOXIFICATION AND CRISIS MANAGEMENT | UNIT | QUANTITY |
| 1 | Stethoscope | Piece | 02 |
| 2 | Blood pressure monitor | Set | 01 |
| 3 | Medical thermometer 42°C | Piece | 02 |
| 4 | ENT examination set | Set | 01 |
| 5 | Minor surgical set with case | Set | 01 |
| 6 | Medical instrument box (scalpel, scissors, forceps, hemostat) | ||
| 7 | Intubation set | Set | 01 |
| 8 | Small oxygen cylinder (3 liters) | Piece | 01 |
| 9 | Manual resuscitation bag | Set | 01 |
| 10 | Portable suction machine | Piece | 01 |
| 11 | Gooseneck lamp | Piece | 02 |
| 12 | Infrared lamp | Piece | 01 |
| 13 | UV sterilization lamp (AVB) | Set | 02 |
| 14 | Needle incinerator | Piece | 01 |
| 15 | Electro-acupuncture machine | Piece | 01 |
| 16 | Massage machine | Piece | 01 |
| 17 | IV stand | Piece | 02 |
| 18 | Medicine cabinet | Piece | 01 |
| 19 | Bedpan | Piece | 01 |
| 20 | Enema set | Piece | 02 |
| 21 | Gastric lavage set | Set | 01 |
| 22 | Instrument autoclave | Set | 01 |
| 23 | Bedside cabinet | Piece | 10 |
| 24 | Medicine trolley | Piece | 01 |
| 25 | Instrument trolley with wheels | Piece | 01 |
| 26 | Folding stretcher | Piece | 02 |
| 27 | Emergency bed | Piece | 01 |
| 28 | Force measurement bicycle | Piece | 01 |
| 29 | Rehabilitation equipment and tools |
APPENDIX III: SOCIAL INSURANCE FORMS IN DECREE 140/2018/ND-CP
(Attached to Decree No. 140/2018/ND-CP dated October 08, 2018 of the Government)
| Form No. 01 | Declaration for registering, updating information, and terminating the use of electronic transaction methods in the field of social insurance |
| Form No. 02 | Declaration for registering, updating information, and terminating the use of I-VAN services |
Form No. 01


Form No. 02


APPENDIX IV: SOCIAL WELFARE FORMS IN DECREE 140/2018/ND-CP
(Attached to Decree No. 140/2018/ND-CP dated October 08, 2018 of the Government)
| Form 1a | Application for social assistance (Applicable to subjects specified in Clauses 1 and 2, Article 5 of Decree No. 136/2013/ND-CP) |
| Form 1b | Application for social assistance (Applicable to subjects specified in Clause 3, Article 5 of Decree No. 136/2013/ND-CP) |
| Form 1c | Application for social assistance (Applicable to subjects specified in Clause 4, Article 5 of Decree No. 136/2013/ND-CP) |
| Form 1d | Application for social assistance (Applicable to subjects specified in Clause 5, Article 5 of Decree No. 136/2013/ND-CP) |
| Form 1đ | Application for social assistance (Applicable to subjects specified in Clause 6, Article 5 of Decree No. 136/2013/ND-CP) |
| Form 2a | Household declaration for persons with disabilities |
| Form 2b | Declaration for care and custody |
| Form 03 | Information of persons receiving care and custody |
Form 1a



Form 1b



Form 1c


Form 1d



Form 1đ



Form 2a


Form 2b




Form 03




