Circular No. 03/2017/TT-BVHTTDL stipulates certain contents regarding safety and hygiene at work for workers engaged in the arts and sports sectors.

CIRCULAR

REGULATING CERTAIN CONTENTS ON SAFETY AND HEALTH AT WORK FOR EMPLOYEES WORKING IN THE FIELDS OF ART AND SPORT

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing a number of provisions of the Law on Occupational Safety and Health;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Based on the proposal of the Department of Legal Affairs;

The Minister of Culture, Sportsand Tourism issues this Circular regulating certain contents on safety and health at work for employees working in the fields of art and sports. Ministry of Culture, Sports and Tourism issues Circular stipulating certain contents regarding safety and hygiene at work for workers in the arts and sports sectors; Article 1. Scope of Regulation This Circular stipulates detailed contents regarding safety and health at work for employees working in the fields of art and physical education and sports.

Article 2. Applicability

1. Agencies, organizations, and individuals using labor in the fields of art and physical education and sports (hereinafter referred to as employers).

2. Employees working in the fields of art and physical education and sports.

3. Agencies, organizations, and individuals related thereto.

Article 3. Definitions

In this Circular, the following terms are understood as follows:

Employee working in the field of art

is an actor, director, or other person participating in artistic creation.

1. Employee working in the field of physical education and sports is a coach, athlete, or sports instructor.

2. Article 4. Principles for Ensuring Safety and Health at Work 1. General principles as prescribed by laws on occupational safety and health.

2. Harmonious combination between ensuring safety and health at work and artistic creation and physical education and sports activities.

Article 5. Establishment of Internal Regulations and Procedures for Ensuring Safety and Health at Work

1. Employers in the fields of art and physical education and sports shall be responsible for establishing, promulgating, and implementing internal regulations and procedures for ensuring safety and health at work (hereinafter referred to as internal regulations and procedures; according to legal provisions with basic contents stipulated in Clause 3 of this Article.

2. Employees working in the fields of art and physical education and sports shall be responsible for complying with internal regulations and procedures, and proposing employers to amend or supplement such regulations and procedures appropriately.

3. Basic contents of internal regulations and procedures include:

a) Requirements regarding time, hours, location for training, competition, performance, and creation;

b) Safety principles in training, competition, performance, and creation;

c) Safety principles in the use of equipment and props for training, competition, performance, and creation;

d) Principles for controlling hazardous factors; handling incidents and emergency rescue;

đ) Responsibilities of related organizations and individuals.

d) Principles for controlling hazardous factors; handling incidents and emergency response;

đ) Responsibilities of relevant organizations and individuals.

Article 6. Ensuring Safety and Hygiene at Workplaces

1. Employers and workers in the fields of arts and sports shall be responsible for implementing measures to ensure safety and hygiene at workplaces as prescribed by law.

2. Organizations organizing artistic performances, creative camps, and sports competitions shall be responsible for:

a) Clearly defining the responsibilities of each unit or individual regarding safety and hygiene in competition rules and regulations;

b) Taking the lead and coordinating with units and individuals involved to ensure safety and hygiene during training, competitions, performances, and creative activities.

Article 7. Occupational Protection and Health Care for Workers

1. Workers engaged in arts and sports shall enjoy occupational protection and health care benefits as prescribed by laws on safety and hygiene at workplaces and specific regulations applicable to each type of activity when participating in training, competitions, performances, or creative activities.

2. Employers engaged in the fields of arts and sports shall be responsible for:

a) Establishing a medical department or arranging personnel with appropriate qualifications to perform medical duties; if it is not possible to arrange such personnel or establish a medical department, they must enter into contracts with healthcare facilities capable of providing health care services for workers;

b) Organizing regular health check-ups for workers as prescribed by law or conducting unscheduled examinations upon the recommendation of medical staff;

c) Implementing regulations on the provision of personal protective equipment in accordance with specific activities and sports disciplines applicable to their units as prescribed by law.

3. In cases where workers are sent outside their regular workplace for training, competitions, or performances, employers shall decide whether to organize health check-ups before assigning tasks, consider sending specialized medical staff along, or purchase accident insurance for the workers.

Article 8. Employment of Persons Under 13 Years Old

1. Employers in the fields of arts and sports may only employ persons under 13 years old to perform jobs listed in a Catalogue prescribed by the Ministry of Labor, War Invalids and Social Affairs.

2. Conditions for employing persons under 13 years old in the fields of arts and sports include:

a) General conditions as stipulated by labor laws;

b) The presence of an adult with appropriate professional qualifications to continuously guide and supervise the work process of workers under 13 years old. Based on specific job requirements, employers shall determine the number of supervisors needed for each worker under 13 years old appropriately.

Article 9. Employment of Elderly Workers

1. Heavy, hazardous, and dangerous occupations in the fields of art and sports that employ elderly workers are those not included in the List of Particularly Heavy, Hazardous, and Dangerous Occupations under Working Conditions Category VI as prescribed by the Ministry of Labor - Invalids and Social Affairs.

2. The employment of elderly workers must comply with conditions stipulated by laws on occupational safety and health and provisions set forth herein.

Article 10. Responsibilities of Agencies and Units

1. Departments under the Ministry of Culture, Sports and Tourism:

a) Propose occupations requiring strict standards for occupational safety and health to be included in the List and request the Minister of Labor - Invalids and Social Affairs to promulgate;

b) Organize the development of national technical regulations on occupational safety and health for each field;

c) Propose heavy, hazardous, and dangerous occupations and particularly heavy, hazardous, and dangerous occupations to be included in the List and request the Minister of Labor - Invalids and Social Affairs to promulgate;

d) Propose personal protective equipment allocation systems for workers and request the Minister of Labor - Invalids and Social Affairs to promulgate;

đ) Study, statistics, evaluate occupational diseases and propose them to be included in the List of Occupational Diseases and request the Minister of Health to promulgate;

e) Propose light occupations for employing workers under 15 years old and request the Minister of Labor - Invalids and Social Affairs to promulgate;

g) Carry out other tasks assigned by the Minister of Culture, Sports and Tourism regarding occupational safety and health as prescribed by law.

2. Department of Cadre and Civil Service:

a) Monitor, study, and compile proposals and recommendations from relevant agencies concerning policies on occupational safety and health for civil servants, public officials, and workers to request competent authorities to resolve according to the law;

b) Carry out other tasks assigned by the Minister of Culture, Sports and Tourism regarding occupational safety and health as prescribed by law.

3. Department of Legal Affairs:

a) Advise the Minister of Culture, Sports and Tourism in drafting legal regulations on occupational safety and health in the fields of art and sports;

b) Organize the dissemination and popularization of laws on occupational safety and health in the fields of art and sports within their authority.

4. Department of Science, Technology and Environment:

Implement tasks related to managing activities for developing national technical standards and regulations on occupational safety and health in the fields of art and sports; submit national technical regulations on occupational safety and health in these fields to the Minister of Culture, Sports and Tourism for promulgation.

5. Departments of Culture, Sports and Tourism, Departments of Culture and Sports:

Advise provincial People's Committees and municipal People's Committees directly under the central government on managing state affairs concerning occupational safety and health in the fields of art and sports as prescribed by law.

Article 11. Implementation Organization

1. The Legal Affairs Department shall take the lead and coordinate with the Cadres and Civil Servants Organization Department and relevant agencies and units to guide, organize inspections of the implementation of this Circular.

2. Departments of Culture, Sports and Tourism, Departments of Culture and Sports of provinces and centrally-administered cities are responsible for organizing the implementation, inspection, and urging related agencies, organizations, and individuals to implement this Circular.

Article 12. Effective Date

1. This Circular shall take effect from October 1, 2017.

2. During the course of implementation, if any difficulties arise, relevant agencies, units, and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) for study and appropriate amendments or supplements.