THE VIETNAM'S CURRENT OSH LEGAL FRAME

I. STRUCTURE

1. Laws which include basic provision on OSH

- Constitution (1992)

- The Labour Code (1995)

2. Laws which include provisions relating to OSH

- Fire Precention and Fighting Ordinance (1961)

- Law on Foreign Investment in Vietnam (1987) (and the amendment in 1996)

- Law on People' Health Protection (1989)

- Trade-Union Law (1990)

- Law on Environment Protection (1993)

3.1 Main legal documents of the Government detailing OSH-related laws

- Decree No. 06/CP dated 20/1/1995 on OSH

- Decree No. 133/HDBT dated 20/4/1991 on the Trade-Union Law

- Decree No. 175/CP dated 18/10/1994 on enviroment protection

- Decree No. 195/CP dated 31/12/1994 on working and breaking time

- Decree No. 196/CP dated 31/12/1994 on collective labour agreement

- Decree No. 197/CP dated 31/12/1994 on salary

- Decree No. 198/CP dated 31/12/1994 on labour contract

- Decree No. 07/CP dated 20/1/1995 on sending Vietnamese labourers to work oversea

- Decree No. 12/CP dated 26/1/1995 on social insurance

- Decree No. 41/CP dated 6/7/1995 on working discipline and material responsibility

- Decree No. 72/CP dated 31/10/1995 on employment

- Decree No. 81/CP dated 23/11/1995 on labourers who are disable

- Decree No. 90/CP dated 15/12/1995 on occupational training

- Decree No. 23/CP dated 18/4/1996 on specific regulations on female workers

- Decree No. 26/CP dated 26/4/1996 on administration punishment to environment protection violations

- Decree No. 38/CP dated 15/6/1996 on administration punishment to labour laws violation

3.2 Main legal documents of the MoLISA and the Ministry of Health on OSH

Legal documents of the MoLISA and the Ministry of Health are often promulgated in forms of inter-ministries and ministerial circulars, instructions, decisions on OSH. So far there have been hundreds of documents which have been issued and established in the following topics:

- Regulations on right and responsibility of employers in OSH

- Regulations on rights and responsibility of labourers in OSH

- Regulations and guidances on OSH planning and implementation of businesses

- Regulations and guidances on financing sources in OSH implementation

- Regulations and guidances on OSH training

- Regulations and guidances on common safety technical measures and strict requirements on safety techniques

- Regulations and guidances on the implementation of working, breaking time and overtime.

- Regulations on heavy and toxic occupations

- Regulations on occupations which prohibit the employment of female workers

- Regulations on the provision and equipping personal protection equipments to labourers

- Regulations on policies on material allowances and toxic allowances to labourers

- Regulations on State inspection in OSH

- A number of occupational safety standards

3.3 Main inter-ministries legal documents of the MoLISA, the Ministry of Health, the Ministry of Interior and the VGCL.

The contents mainly concentrate on following topics:

- Decisions on occupational accident declaration, investigation, making statistics and reporting

- Regulations on examination, insurance, material compensation given to occupational accidents and diseases

- Regulations on occupational diseases insured by the State

- Regulations on social insurance relating to OSH

- Guidance on labour protection checking and competition scoring

3.4 Legal documents issued by the Ministry of Science, Technology and Environment focus on following topics:

- Regulations on industrial waste water processing

- Permitted health standards of working environment

- National standards on safety techniques

3.5 Legal documents promulgated by the VGCL concentrate on following topics:

- Regulations on OSH objectives and implementation methods of trade-unions at all levels

- Guidances on the competitive movement named "Green-Clean-Beautiful; OSH Assurance"

- The management and organisation of OSH officer network

- OSH checking activities of trade-unions in businesses

4. Internal regulations of units on following issues:

- Decisions on the OSH organisation; responsibility assigment and delegation

- Regulations on punishment and reward in OSH regulation implementation in businesses

- Safety regulations on technological lines, work places, equipments and machineries.

National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center

Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752  Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn