Directive No. 10/2008/CT-TTg on Strengthening the Implementation of Labor Protection and Occupational Safety Work

DIRECTIVE

On strengthening the implementation of labor protection and occupational safety work

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From 1994 to the present, the Government, the Prime Minister, ministries, and sectors have issued guiding documents for implementing the Labor Code on labor protection and occupational safety according to their assigned functions, tasks, and authorities. The implementation of these documents has brought about significant changes in awareness, enhancing the sense of responsibility of employers and workers in ensuring occupational safety and hygiene, improving working conditions, contributing positively to the country's economic and social development.

However, the enforcement of labor laws on labor protection and occupational safety by some employers and workers remains inadequate, especially in recent times, with an increasing trend in workplace accidents and occupational diseases, particularly serious workplace accidents occurring in construction and mineral extraction sectors causing substantial losses in human lives and property. The main reasons for this situation are that labor protection and occupational safety have not been given due attention; the awareness of employers and workers is still limited; the compliance with regulations on occupational safety by employers and workers is low; the inspection and supervision of occupational safety by ministries, sectors, and localities have not been regular and timely, especially at key national projects and areas with high risks of workplace accidents; the management of labor protection and occupational safety by some ministries, sectors, and localities does not meet the requirements of economic development during integration; the dissemination and popularization of laws on labor protection and occupational safety are insufficient and have many limitations; serious violations of occupational safety regulations causing severe consequences have not been strictly dealt with.

To prevent workplace accidents and occupational diseases, ensure the health and safety of workers, and contribute to stabilizing and developing production, the Prime Minister issues the following directive:

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries, sectors, the Vietnam General Confederation of Labor, People's Committees of provinces and centrally governed cities, and political-social organizations to implement:

a) Developing plans and effectively organizing and coordinating activities under the National Program on Labor Protection, Occupational Safety, and Hygiene until 2010;

b) Reviewing, amending, supplementing, issuing within its authority, or proposing competent authorities to amend, supplement, and issue legal provisions on labor protection and occupational safety; establishing and issuing new technical standards and norms on occupational safety; researching and proposing the drafting of the Law on Occupational Safety and Hygiene;

c) Strengthening inspections and supervision of the implementation of labor laws at enterprises and business establishments, especially labor protection and occupational safety at key projects, industrial zones, mining sites, and construction material production facilities; strictly dealing with violations of occupational safety laws;

d) Promoting the dissemination, education, and training of laws on labor protection and occupational safety for employers and workers; simultaneously launching mass movements to strive for excellence in labor protection and occupational safety down to production units, key projects, including small and medium-sized enterprises, private production establishments, craft villages, farms, etc.;

đ) Coordinating with Vietnam Television, Voice of Vietnam, and central and local mass media agencies to strengthen publicity on labor protection and occupational safety;

e) Improving the organizational structure for occupational safety and labor inspection at central and local levels; while enhancing training and instruction to improve the expertise, skills, and capacity of inspectors in inspection and supervision;

2. The Ministry of Industry and Trade shall strengthen management and direction in implementing labor protection and occupational safety in establishments under its jurisdiction and state administration responsibilities; closely monitor labor protection and occupational safety in production establishments, key projects, and mining sites; study and propose mechanisms for monitoring quality and safety from survey, design, construction, operation, exploitation, maintenance, and repair of machinery and equipment; coordinate with local functional agencies to enhance inspection and supervision of mine directors' management and use of industrial explosives in mines managed by localities.

3. The Ministry of Construction shall direct and inspect the implementation of labor protection and occupational safety for civil and industrial construction projects (excluding industrial projects managed by the Ministry of Industry and Trade); particularly those involving high-altitude work; construction material extraction units; machinery and equipment serving construction with strict requirements for occupational safety in construction, extraction, and production of construction materials under the sector; strengthen inspection of project quality management in stages: survey, design, construction, building, acceptance, handover, warranty, and maintenance of construction projects; establish a specialized unit for labor protection and occupational safety in construction.

4. The Ministry of Transport shall direct and inspect the implementation of labor protection and occupational safety for bridge and road construction projects, particularly key transportation projects under its management; strengthen inspection of project quality management in stages: survey, design, construction, building, acceptance, handover, warranty, and maintenance of projects.

5. The Ministry of Agriculture and Rural Development shall proactively coordinate with relevant agencies to continue organizing and implementing effectively Directive No. 20/2004/CT-TTg dated June 8, 2004, of the Prime Minister on strengthening guidance and organization of labor protection and occupational safety in agricultural production, especially in the use of plant protection chemicals, veterinary drugs, fertilizers, livestock feed, pest control products, biological preparations for crop and animal husbandry, and agricultural machinery; establish a specialized unit for labor protection and occupational safety in agriculture.

6. The Ministry of Natural Resources and Environment shall take the lead and coordinate with ministries, sectors, provincial People's Committees, and centrally-run city People's Committees to review the issuance of permits for resource exploitation and mineral extraction to ensure labor safety and resource and environmental protection; stipulate and guide the integration of inspections on compliance with laws on environmental protection and occupational safety.

7. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to improve the organizational structure of labor inspection bodies at central and local levels to meet the requirements of state management in labor inspection.

8. The Ministry of Health shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, and related ministries and sectors to guide hygiene work and prevention of occupational diseases in production and business establishments; invest in upgrading facilities, equipment, and infrastructure for treatment and rehabilitation centers to enhance their capacity in treating and rehabilitating workers.

9. The Ministry of Public Security shall direct all levels, sectors, agencies, units, enterprises, and production establishments to strictly implement the Law on Fire Prevention and Fighting and Decree No. 35/2003/NĐ-CP dated April 4, 2003, of the Government detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting; organize inspections and supervision of fire prevention and fighting activities at all levels, sectors, agencies, units, enterprises, and production establishments; resolutely handle violations of fire prevention and fighting regulations seriously; strengthen directives for investigating criminal acts that violate the law; closely cooperate with the People's Procuracy and Courts at all levels to prosecute and try those who are negligent and have violated labor laws leading to serious and particularly serious workplace accidents.

10. The Ministry of National Defense shall take the lead and coordinate with ministries, sectors, and localities to implement Decree No. 148/2006/NĐ-CP dated December 4, 2006, of the Government on planning, construction, management, and protection of safety zones around ammunition depots, explosive materials, and ammunition manufacturing plants under the Ministry of National Defense's management; improve the organizational system, technical staff, and personnel for labor protection and occupational safety; strengthen management, inspection, and supervision of the implementation of labor laws on labor protection and occupational safety for enterprises under its management and in the areas of state administration assigned, paying special attention to the handling of unexploded ordnance left over from wars, mining operations, and basic construction projects.

11. Vietnam Television, Voice of Vietnam Radio, and central and local mass media organizations shall take the lead and coordinate with relevant ministries and sectors to build programs on occupational safety to disseminate knowledge, laws on labor protection, occupational safety, and experiences in preventing and combating workplace accidents.

12. The Ministry of Finance shall allocate funds to implement the National Program on Labor Protection, Occupational Safety, and Hygiene until 2010 according to Decision No. 233/2006/QĐ-TTg dated January 18, 2006, of the Prime Minister on the National Program on Labor Protection, Occupational Safety, and Hygiene until 2010, in accordance with the State Budget Law.

13. The Ministry of Science and Technology and the Ministry of Education and Training shall continue to implement Directive No. 13/1998/CT-TTg dated March 26, 1998, of the Prime Minister on strengthening guidance and organization of labor protection in new circumstances, within their respective functions and tasks.

14. Provincial People's Committees and centrally-run city People's Committees shall direct functional agencies at the local level to coordinate with ministries and related sectors to strengthen inspections and supervision of the implementation of labor laws on labor protection and occupational safety in production establishments within their jurisdiction, especially in the use of industrial explosives, gas, and other flammable substances in private production and business establishments, small and medium-sized enterprises, craft villages, farms, mines, construction sites, etc.; resolutely impose penalties on violations of occupational safety and hygiene regulations; promptly suspend or recommend competent authorities to revoke the operating licenses or certificates of establishments violating occupational safety and hygiene regulations that pose risks of workplace accidents, occupational diseases, and fires or explosions.

15. It is requested that the Vietnam General Confederation of Labor participate in inspecting and supervising the implementation of labor laws; coordinate with ministries, sectors, and localities to carry out activities to raise awareness among workers about compliance with labor laws on labor protection and occupational safety; organize well campaigns on labor protection and occupational safety during the period of industrialization and modernization.

16. The Vietnam Chamber of Commerce and Industry and the Vietnam Farmers' Union need to prioritize the implementation of activities to promote, disseminate, educate, and provide technical support on labor protection and occupational safety for enterprises, especially small and medium-sized enterprises and households engaged in craft villages.

17. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and heads of units and establishments within their scope of responsibility shall closely coordinate with the trade union organizations at the same level and other political-social organizations to effectively implement this Directive and shall be accountable to the Government if serious workplace accidents occur.

Employers, heads of agencies, enterprises, production and business establishments must strengthen self-inspection, review, and immediately rectify the implementation of labor laws concerning labor protection and occupational safety; ensure adequate staffing for labor protection and occupational safety work. Organize occupational safety training for workers in accordance with labor law regulations.

The Minister of Labor, Invalids and Social Affairs shall have the responsibility to regularly monitor, urge, inspect, and report annually to the Prime Minister on the implementation of this Directive.

This Directive shall take effect fifteen days from the date of publication in the Official Gazette.

                                                            PRIME MINISTER

                                                           (Signed)

                                                           Nguyễn Tấn Dũng