Joint Circular No. 09/TT-LB stipulates the jobs that shall not employ female workers based on their physical characteristics and physiological factors. This document applies to all production and business units under various forms of ownership and becomes effective from September 2, 1986.
Scope of application
All production and business units under various forms of ownership, including those belonging to the People's Armed Forces.
Key points
- Jobs that shall not employ female workers include those involving regular contact with strong toxic chemicals or working under abnormal physical conditions such as high temperatures, radiation, high pressure, vibrating and noisy environments, radioactivity, oxygen deficiency, and underground work.
- Units shall not assign female workers to any job listed in the list of jobs that shall not employ female workers.
- During the period when female workers have not been reassigned to other jobs, units must implement an additional half quota allowance, reduce working hours, and increase vacation days.
- Ministries, State Committees, and subordinate agencies are responsible for guiding and strictly supervising the arrangement and employment of female workers at units.
- The Technical Safety Inspection Board under the Ministry of Labor and the Hygiene Department under the Ministry of Health will inspect the implementation of this circular.
🌐 Social impact of this document
- Positive impact: Protecting the health and rights of women in the workplace.
- Negative impact: Personnel burden for units required to reassign female workers to other jobs.
❓ Frequently asked questions
What jobs are not allowed to employ female workers?
Jobs that shall not employ female workers include: directly melting and drawing hot metals, producing nitric acid, working in ore drying furnaces, grinding finely, preparing superphosphate (in superphosphate production), etc. (see detailed list).
What measures must units take when they cannot immediately reassign female workers?
During the period when they cannot be reassigned, units must provide an additional half quota allowance, reduce working hours, and increase vacation days.
What responsibilities do ministries and State Committees have?
Ministries and State Committees must strictly guide and supervise the arrangement and employment of female workers at units under their jurisdiction. They also need to improve working conditions to protect the health of female workers.
What responsibilities does the Technical Safety Inspection Board have?
The Technical Safety Inspection Board under the Ministry of Labor will inspect the implementation of this circular at all units, sectors, and localities. They will also handle or refer violations to competent authorities.
To which types of enterprises does this circular apply?
This circular applies to all production and business units under various forms of ownership, including those belonging to the People's Armed Forces.
Full text
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MINISTRY OF LABOR-MINISTRY OF HEALTH |
SOCIALIST REPUBLIC OF VIETNAM |
|
No.: 09-TT-LB |
Hanoi, August 29, 1986 |
JOINT CIRCULAR
OF THE MINISTRY OF LABOR AND HEALTH NO. 09-TT-LB AUGUST 29, 1986 REGULATING CERTAIN JOBS
THAT WOMEN SHALL NOT BE EMPLOYED IN
Pursuant to Resolution No. 176a-HĐBT of the Council of Ministers dated December 24, 1984 on "promoting the role and capacity of women in the cause of building and defending the socialist motherland," and Circular No. 287-BT dated December 31, 1984 of the Minister and General Secretary guiding the implementation of Resolution No. 176a-HĐBT, after soliciting opinions from relevant sectors, the Central Committee of the Vietnam Women's Union, and the Vietnam General Confederation of Labor, the Ministry of Labor and Health issues this circular "regulating certain jobs that women shall not be employed in" to replace Part I "Jobs with many harmful factors and excessively arduous jobs that women shall not be employed in" in Circular Q5/TT.LB dated June 1, 1968 of the Ministry of Labor and Health.
I- WORKING CONDITIONS WHERE WOMEN SHALL NOT BE EMPLOYED:
Based on the physical characteristics and physiological, psychological, and maternal functions of women, the Ministry regulates that women shall not be employed under the following working conditions:
1- Regularly exposed to strong toxic chemicals.
2- Regularly working in abnormal physical conditions such as:
a) Directly exposed to heat sources with air temperature inside the factory reaching 45°C or higher in summer, 40°C or higher in winter; affected by high thermal radiation.°38 degrees Celsius or higher in summer, 40 degrees Celsius or higher in winter;°subject to the influence of high solar radiation.
b) Working under pressure higher than atmospheric pressure.
c) Working in environments with excessive noise and vibration.
d) Exposed to open radioactive sources.
e) Working in confined spaces with insufficient oxygen.
g) Working underground.
3- Engaging in dangerous high-altitude work or jobs unsuitable for women's nervous system and psychology.
4- Regularly performing excessively arduous work where energy consumption exceeds 5 Kcal/minute, and heart rate exceeds 120 beats per minute.
5- Regularly working in dirty water, which easily causes serious infections to women's bodies.
Based on the aforementioned working conditions, the Ministry specifies a list of jobs that women shall not be employed in, attached to this circular (16 occupations, 106 jobs).
II- IMPLEMENTATION MEASURES
1- Vocational training institutions must not select or train women for jobs specified as those women shall not be employed in.
For female students currently studying these occupations or jobs, schools must transfer them to other professions or jobs.
2- Organizations (factories, construction sites, cooperatives, agencies...) shall not assign women to perform any job listed in the entire list of jobs that women shall not be employed in (irrespective of the industry).
For those already engaged in such jobs, organizations have the responsibility to transfer them to more suitable jobs.
In cases where organizations encounter difficulties and cannot immediately transfer female workers to other jobs as mentioned in point 2 above, they may delay but not exceed one year from the effective date of this circular. Pregnant women or those breastfeeding must be transferred immediately to other jobs.
During the period when female workers cannot yet be transferred to more suitable jobs, organizations must implement the following measures:
a) Increase by half the current supplementary allowance in kind that the worker is receiving.
b) Reduce one hour of work per day while still receiving full pay: this reduced hour will be paid at time-and-a-half rate. If production requirements prevent reducing hours, then this hour will be paid at an additional 50% of the hourly wage.
c) Increase annual leave by two days.
4- Ministries, State Committees, agencies directly under the Council of Ministers, provincial and municipal People's Committees, centrally-administered special zones need to undertake the following actions:
a) Strictly guide and inspect the arrangement and employment of women workers in their subordinate organizations; if any organization does not comply with the regulations in this circular, appropriate measures must be taken.
b) Develop plans to improve working conditions to better protect the health and extend the working life of female workers.
c) Regarding the list attached to this circular, if any organization finds additional jobs that women should not be employed in, they should report to the Ministry for supplementation.
d) Review and decide on cases falling under point 3 of Section II for subordinate organizations and send written documentation to the Ministry for monitoring and inspection of implementation.
5- The Technical Safety and Labor Protection Inspection Department of the Ministry of Labor, the Hygiene and Epidemic Prevention Department of the Ministry of Health, and the labor protection technical inspection systems of the former women's labor sector such as the health sector's hygiene and epidemic prevention systems need to plan inspections of the implementation of this circular in all organizations, industries, and localities. Through inspections, if violations of the provisions in this circular are found, appropriate action or recommendations for handling violators should be made to competent authorities.
This circular applies to all administrative units and production and business entities of all forms of ownership, including units under the people's armed forces, and takes effect from September 2, 1986.
|
Dang Hoi Xuan (Signed) |
Dao Thien Thi (Signed) |
LIST
JOBS THAT WOMEN SHALL NOT BE EMPLOYED IN
(Issued together with Circular No. 09-TT-LB dated August 29, 1986 of the Ministry of Labor and Health).
I- METALLURGY AND MACHINERY:
1- Directly melting and drawing hot metals;
2- Weighing hot metals;
3- Directly smelting colored metal ores (copper, lead, mercury, zinc, silver);
4- Rolling, pressing, and producing lead products, lead-coated products;
5- Operating furnaces, coking;
6- Breaking molds;
7- Cleaning boilers, gas pipes;
8- Soldering lead batteries, soldering in sealed containers, soldering at heights over 10 meters.
II- NUCLEAR ENERGY:
All jobs involving exposure to open radioactive sources.
III- CHEMICALS AND RUBBER PROCESSING:
1- Producing, packaging, or regularly exposed to aniline.
2- Directly producing phosphorus, arsenic, and arsenic-containing compounds.
3- Producing and packaging rubber products and regularly exposed to gasoline, paint, ink containing lead.
4- Regularly exposed to manganese dioxide, mercury.
5- Operating sulfuric acid production furnaces, absorption, washing, refining, operation, acid pumping, electrostatic dust filtration, slag disposal.
6- Producing nitric acid and sodium sulfate.
7- Producing carbon sulfide.
8- Producing phosphine gas.
9- Distilling, bottling benzene solvents and their isomers.
10- Electrolyzing chlorine, liquefying chlorine, bottling chlorine, chlorine treatment (in phosphoric acid production).
11- Operating open lampblack kilns, manually grinding lampblack, preparing phosphoric super.
12- Operating coal gas generators, coal gas generator slag disposal, regenerating copper solutions, operating urea compressors (in urea fertilizer production).
13- Operating open pitch production furnaces, manually grinding pitch.
14- Regenerating lead, smelting lead alloys, casting lead, casting lead ingots, mixing and applying electrode paste (in battery production).
15- Packaging or frequently handling pesticides, herbicides, rodenticides, disinfectants, antifungal agents, and other highly toxic substances such as:
- Arsenic and arsenic salts.
- Zinc phosphide, aluminum phosphide, hydrogen phosphide.
- Hydrofluoric acid, hydrochloric acid, cyanuric acid, and cyanuric acid salts.
- Chloropicrin.
- Nitrobenzene.
- Organic mercury (stibine, selenium...).
- Organic phosphorus (ethylparathion, methylparathion...).
- Organic chlorine (various types of DDT, various types of 666).
16- Repairing chemical equipment such as: repairing furnaces, tanks, enclosed towers, underground pipelines.
17- Weighing and screening rubber chemicals in rubber production.
18- Working in latex tapping kilns.
IV- GEOLOGY AND MINING.
1- Setting up survey columns.
2- Performing mechanical and electrical repair work under mobile geological teams.
3- Tunneling, shaft tunneling.
4- All work in mine tunnels (including transportation).
5- Drilling exploration, blasting drilling, installing explosives.
6- Grinding, blending ores and raw materials in conditions where silica dust exceeds 10%.
7- Lead ore processing.
V- OIL AND GAS EXPLORATION AND EXTRACTION.
1- Installing drilling platforms.
2- Drilling oil and gas wells.
3- Working on offshore drilling equipment systems (excluding medical and social services).
VI- ELECTRICITY AND POST AND TELECOMMUNICATIONS:
1- Repairing lead-coated cables, soldering boxes, lead cables.
2- Repairing high-voltage outdoor power lines, erecting high-voltage power poles.
3- Constructing and repairing river-crossing high towers, antenna towers.
4- Constructing and repairing underground cables, suspended cables, communication lines.
VII- LIGHT INDUSTRY:
1- Mixing chlorine.
2- Frequently directly handling hypochlorites.
3- Frequently mixing, directly handling aniline dyes.
4- Melting glass, mouth-blowing glass.
5- Chromium plating, cyanide plating.
6- Operating self-drawn phenol resin pots, pressing phenol plastic sheets.
7- Printing patterns on thin films, printing labels on thin film paper.
8- Operating textile looms.
9- Applying photographic emulsion.
10- Soaking and salting hides.
11- Handling live hides.
12- Pressing large, hard hide sheets.
VIII- FOOD PROCESSING INDUSTRY:
1- Working in tobacco fermentation ovens, cigarette drying ovens.
2- Paraffin coating in wine tanks.
3- Slaughtering large livestock.
4- Operating sugar mill filter presses.
5- Filling milk cans in sealed rooms.
6- Painting, rust removal in beer fermentation tanks.
7- Soaking and retrieving rotten powder.
IX- CONSTRUCTION:
1- Working in submerged tanks.
2- Aligning during sheet metal construction.
3- Well digging.
4- Tree root cutting with diameter over 40 cm.
5- Removing rocks from mountains.
6- Using hand-held pneumatic tools with pressure exceeding 4 atmospheres (such as drills, hammers...).
7- Securing loads for winches.
8- Operating heavy construction machinery with power exceeding 36 horsepower like excavators, bulldozers, tracked vehicles.
X- TRANSPORTATION:
1- Operating steam locomotive furnaces.
2- Driving trains.
3- Cleaning boilers.
4- Painting, welding, rust removal in enclosed tanks.
5- Soaking and treating wooden planks.
6- Carrying loads over 50 kg.
7- Operating shipboard furnaces.
8- Ship captains, crew members.
9- Anchoring, balancing cargo.
10- Operating boilers.
11- Operating floating bridges.
12- Shoveling coal under ship holds.
13- Pouring concrete underwater.
14- Rolling, forging, fitting ship hulls.
15. River route surveying.
16- Operating mud suction ships.
17- Divers.
18- Driving trucks with a load capacity over 2.5 tons.
XI- PRINTING:
1- Melting, pouring, and finishing lead type molds.
2- Acid washing deep engraving plates.
XII- AQUACULTURE:
1- Fishing shrimp and other marine products at sea.
XIII- AGRICULTURE:
1- Processing feathers.
2- Herding cattle and buffaloes in mountainous areas.
3- Purchasing and transporting cattle and buffaloes.
4- Operating agricultural tractors with power of 50 horsepower or more.
XIV- FORESTRY:
1- Cutting large trees.
2- Transporting large timber.
3- Manually felling, stacking large timber.
4- Floating logs down rivers with rapids.
5- Hand sawing large timber requiring two people to pull.
6- Searching and retrieving sunken wood.
XV- MATERIALS:
1- Receiving, storing fuel oil in caves.
2- Operating fuel oil pumps in caves.
3- Measuring fuel oil in caves.
XVI- PUBLIC SERVICES:
1- Cleaning underground sewers.
2- Submerging oneself in dirty, foul-smelling water.
3- Performing autopsies, embalming, burying the deceased, exhuming graves.
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