CIRCULAR No. 08/LDTBXH-TT DATED 11 APRIL  1995

OF THE MINISTRY OF LABOUR - WAR INVALIDS AND SOCIAL AFFAIRS

Providing Guidance for Training in Labour Safety

and Hygiene

 

In implementation of Decree No. 06/CP dated 20 January 1995 of the Government containing detailed stipulations on a number of rticles of the Labour Code in respect of Labour Safety and Hygiene, the Ministry of Labour, War Invalids and Social Affairs hereby provides the following guidance for training in Labour Safety and Hygiene :

 

I. RECIPIENTS OF TRAINING

 

Recipients of training in labour safety and hygiene are employers and employees working in the following enterprises, offices and organizations :

- State-owned enterprises ;

- Enterprises owned by other economic sectors, organizations and individuals which hire labour ;

- Enterprises with foreign invested capital, enterprises in export processing zones and industrial areas ; foreign organizations and offices or international organizations based in Vietnam hiring labour who are Vietnamese, except otherwise stipulated by international treaties which have been signed or acceded to by the Socialist Republic of Vietnam ;

- Administrative, business or service units owned by various administrative or non-productive- offices, mass organisations and other social sad political bodies, including enterprises owned by the people's army and police.

 

II. TRAINING FOR EMPLOYEES

 

Employees mean all staff members and personnel, including trade apprentices and trainees and (hose working on probation.

1. Training in labour safety and hygiene including the following contents :

a) Gene rat provisions for labour safety and hygiene.

- Objectives and significance of labour safety and hygiene work ;

- Obligations and rights of working people with regard to labour safety and hygiene as stipulated by law ;

- Rules on labour safety and hygiene of enterprises.

 

b) Specific provisions for labour safety and hygiene.

- Operational characteristics and processes to ensure safety and hygiene of machinery, equipment and technology ; and work places requiring strict safeguards for labour safety and hygiene ;

- Compulsory rules and standards applicable in the performance of work ;

- Safeguards to ensure labour safety and hygiene in performance of work ;

- Structure, effect and utilization and maintenance methods of individual protective equipment and facilities ;

- Dangerous and hazardous factors, incidents that may occur at work, prevention and treatment methods when discovering the risk of occurrence of an incident and upon the occurrence of an incident ;

- Simple first-aid methods to help the victims upon the occurrence of an incident, such as bandaging of wounds, artificial respiration, salvage operations, etc.

 

2. Organization of training :

Employer shall be responsible for organization of traning for his/her employees, ensuring that all employees are adequately trained in labour safety and hygiene contents required and appropriate for their respective assigments on the following principles : .

 

a) Everybody working in a unit, including new recruits must be trained in labour safety and hygiene in accordance with the above-mentioned contents. The programme and timing of training shall be determined depending on the existing level of labour safety and hygiene, but at least once a year.

 

b) Upon recruitment and prior to assignment of work, the employees must be provided adequate training in the contents set out in Item I of Section II above. With respect to those doing such jobs with strict requirements for labour safety and hygiene, training must be extremely meticulous and specific. The employer shall rely on the list of trades and jobs having strict requirements for labour safety and hygiene issued by the Ministry of Labour, War Invalids and Social Affairs and on the actual situation of enterprise to draw up a list of those doing such jobs strictly requiring for labour safety and hygiene to be given training.

The duration of training is subject to the contents of training programme.

 

The trainees are subject to a qualification test and prior to assignment of jobs have to practise what they have learnt in accordance with their respective assignments.

 

Annually, the employer must organize inspection or refresher training so that the employees can firmly grasp the labour safety and hygiene regulations to the extent of their respective responsibilities.

 

c) Training is provided to any employee upon transfer from one job to another or assignment of new job in accordance with the nature of the newly-assigned job.

 

d) After such training and test, those doing the jobs with strict requirements for labour safety and hygiene who are qualified, shall be issued safety cards. They must carry along such cards at work produce them when required.

 

With respect to those doing other jobs, the results are recorded in the training-monitoring book of their unit.

 

3. The employees' entitlement during training period is as follows:

 

The time spent on training in labour safety and hygiene is registered as working time for which the employees are fully paid in terms of salary and other benefits as stipulated by laws. With particular regard to trade apprentices, trainees and those working on probation, their entitlement during the training period shall be as agreed upon in their respective labour contracts.

 

III. TRANING FOR EMPLOYERS

 

1. The employers trained in Labour safety and hygiene are :

- Enterprise proprietors or their proxies ;

- Directors of enterprises, heads of organizations of offices directly employing labour ; .

- Those who assume direct execution of production stages, components or workshops in enterprises ;

- Those doing specialised work in labour safety and hygiene.

 

2. Contents of training in labour safety and hygiene cover :

 

a) Regulatory documents issued by the Government, the Ministries or the Municipal/Provincial People's committees ruled by the Central Government an labour safety and hygiene.

b) The applicable rules and standards on labour safety and hygiene.

c) The administrative procedures to be complied with in the process of production, utilization or importation of machinery, equipment; materials or substances with strict re-quirements for labour safety and hygiene; and for the construction of new projects and productive facilites and extension and/or renovation of existing ones.

d) Organisation of the implementation of such labour safety and hygiene activities as :

- Establishing and disseminating rules on labour safety and hygiene applicable to enterprises and its workshops or components ; and safety processes for machinery, equipment and work places ;

- Organizing networks of safety monitors ;

- Organizing training for employees ;

- Developing safeguards against labour accidents and incidents occurring during production ;

- Organizing zing and training first-aid teams ;

- Providing health care for employees.

 

3. Organization of training ;

a) Training in labour safety and hygiene in accordance with the above-mentioned contents for employers are compulsory and carried out in the following forms :

- The Departments of Labour, War Invalids and Social Affairs shall open training courses for employers whose head offices are based in their respective localities ;

- The parent Ministries shall open training courses for employers whose enterprises are directly under such Ministries respectively; upon agreement with the Ministry of Labour, War Invalids and Social Affairs ;

- The general corporations or unions of enterprises shall open training courses after proposing the same in writing to their respective parent Ministries and the Ministry of Labour, War Invalids and Social Affairs and receiving inter-ministerial permission to do so

 

b) Training materials shall be in accordance with the guidance of the Ministry of Labour War. Invalids and Social Affairs .

 

c) Instructors for training courses opened by the Departments of Labour, War Invalids and Social Affairs, shall be appointed by the Directors of such Departments respectively.

d) Instructors for training courses opened by the Ministry of Labour, War Invalids and Social Affairs and general corporations, shall be appointed by the Ministry of Labour, War Invalids and Social Affairs and the parent Ministries of such general corporation. .

e) The time spent on training shall be registered as working time for which the trainees are entitled to all rights and bebefits as such,

g) Funds for the training courses shall be contributed by the trainees.

 

IV. IMPLEMENTATION PROVISIONS

 

1. Annually, all enterprises, organizations and offices are duty-bound to prepare training plans, and open books of registration for training in labour safety and hygiene.

In such -training plans should be clearly identified the contents of training, the number of each target group who need training, the timing for training, the expenses and material bases required for training, appointment of instructors, and allocation of jobs related to preparation of training materials,

 

In the books of registration for training in labour safety and hygiene should be clearly recorded the names of traning courses, the numbers of persons who have been trained and those who have been qualified to be issued safety cards.

Enterprises based in the same locality or operating in the same business/production branch can coordinate or associate with one another or with local training facilities for labour safety and hygiene (if any) to organize training courses in order to improve the quality and efficiency of training.

In the event that any enterprise proprietors hire management contractors, such enterprises must assign such contractors with plans and responsibilities for conducting training in labour safety and hygiene for the employees, and at the same time should strictly control their implementation.

 

2. The Departments of Labour, War Invalids and Social Affairs are responsible for assisting the municipal/provincial People's committees in exercising a uniform State manage-ment on the work of training in labour safety and hygiene in their respective localities, in which attention should be paid to organization of training for self-employed people who are in such trades or do such jobs strictly requiring labour safety and hygiene ; co-ordinating with the relevant authorities and branches in dedigning annual plans of training for employers; periodically summing up and reporting on the work of train ing in labour safety and hygiene in their respective localities as stipulated by the Ministry of Labour, War Invalids and Social Affaris.

 

3. The Departments of Labour, War Invalids and Social Affairs shall exercise a uniform management on the issuance of safety cards to all units in accordance with the specified form promulgated by the Ministry of Labour, War Invalids and Social Affairs.

 

4. The Ministries, branches and localities shall beresponisible for directing and supervising the units there-under respectively in implementing the work of training in labour safety aid hygiene in accordance with the relevant stipulations of the State and within the scope of their management functions.

 

5. This Circular domes into force as from the date of its signing. All previous stipulations which are in contrary to this Circular, shall be abrogated. In the course of implementation, should any encumbrances arise, the concerned Branches and/or Localities are requested to reflect the same to the Ministry of Labour, War Invalids and Social Affairs where they shall be studied and solution thereto proposed.

THE MINISTER

MINISTRY OF LABOUR, WAR INVALIDS AND

SOCIAL-AFFAIRS

 

 

TRAN DINH HOAN

 

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