Decree No. 110/2002/ND-CP Amending and Supplementing Certain Provisions of Government Decree No. 06/CP dated January 20, 1995 detailing certain provisions of the Labor Code on occupational safety and labor hygiene.

DECREE

Regarding the amendment and supplementation of certain Articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health

Amending and supplementing certain Articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health based on the Law amending and supplementing certain provisions of the Labor Code (hereinafter referred to as the amended Labor Code) as follows:

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code on June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code on April 2, 2002;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. "1. When constructing new, expanding, or renovating works or facilities for the production, use, storage, or retention of machinery, equipment, materials, substances with strict requirements for occupational safety and health, the project investor and employer must prepare a feasibility report on measures to ensure occupational safety and health. The feasibility report must include the following main contents:

1. Amend and supplement Clause 1 of Article 2 as follows:

Location and scale of the work, specifying the distance from the work or production facility to residential areas and other works;

Clearly stating dangerous and harmful factors, potential accidents that may occur during operation; preventive and handling measures.

The feasibility report on measures to ensure occupational safety and health must be approved by the competent state agency; the project investor and employer must send copies to the local State Labor Inspection Authority for monitoring and supervision according to the law."

"2. Organizations and individuals when putting into use machinery, equipment, materials, substances with strict requirements for occupational safety and health as specified in the list issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health must implement registration and inspection. The Ministry of Labor, Invalids and Social Affairs shall stipulate and guide the procedures for registration and inspection.

2. Amending and supplementing Clause 2, Article 3 as follows:

Replacing the term "State Labor Safety Inspectorate" with the term "State Labor Inspectorate".

3. Amending and supplementing Clause 2, Article 9 as follows:

"Regarding compensation for workers injured in workplace accidents or occupational diseases as provided for in Clause 3, Article 107 of the amended Labor Code, it is regulated as follows:

4. Amend and supplement Article 11 as follows:

1. The employer has the responsibility to compensate workers injured in workplace accidents or occupational diseases:

a) At least 30 months' salary and wage allowances (if applicable) for workers whose working capacity is reduced by 81% or more, or for the relatives of workers who died due to workplace accidents or occupational diseases not due to their own fault. In cases directly caused by the worker's fault, they will also be compensated at least 12 months' salary and wage allowances (if applicable).

b) At least 1.5 months' salary and wage allowances (if applicable) for those whose working capacity is reduced by 5% to 10%; if reduced by over 10% but less than 81%, each additional 1% results in an additional 0.4 months' salary and wage allowances (if applicable), not due to the worker's fault. In cases where the fault lies with the worker, they will also be compensated at least 40% of the amount stipulated according to the corresponding ratios.

c) The salary used as the basis for calculating compensation under points a and b of Clause 1, Article 11 is the salary stipulated in the labor contract, averaged over the six consecutive months immediately preceding the occurrence of the workplace accident or the determination of occupational disease, including grade salary, position salary, regional allowance, position allowance (if applicable) as currently prescribed by the Government. If the working period is insufficient to calculate the average salary of the six consecutive months, then the salary level of the nearest month or the salary level at the time of the workplace accident or occupational disease will be used for compensation and occupational disease benefits.

2. In cases where enterprises recruit or accept persons to learn trades or apprenticeships to work in the enterprise as stipulated in Clause 2, Article 23 of the Labor Code, if they suffer workplace accidents or occupational diseases during the learning period, the employer has the responsibility to compensate or provide benefits to them according to the provisions of point a and b of Clause 1, Article 11. The salary for compensation or benefits in this case is the minimum wage of the enterprise, agency, organization, unit applicable at the time of the workplace accident or occupational disease. If the agreed trade or apprenticeship wage between the employer and the learner is higher than the enterprise's minimum wage, it will be calculated according to the agreed wage.

3. The Ministry of Labor, Invalids and Social Affairs shall guide the preparation of compensation claims and procedures for workplace accidents and occupational diseases."

5. Amend and supplement Clause 1, Article 12 as follows:

"1. When a workplace accident occurs, the employer must organize an investigation, prepare a record, with the participation of representatives of the Trade Union Committee or the Temporary Trade Union Committee of the establishment, following the guidance of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor."

6. Amend and supplement Clause 3, Article 14 as follows:

Replace the term "Labor Inspector for Occupational Safety and Health" with the term "Labor Inspector".

7. Amend and supplement Clauses 1, 2, 5, and 6, Article 19:

"1. The Ministry of Labor, Invalids and Social Affairs is responsible for drafting, submitting to the competent authority for promulgation or promulgating legal documents, policies, and systems regarding labor protection, occupational safety, and health; establishing, issuing, and managing uniformly the national regulatory system on occupational safety, labor classification standards according to working conditions; guiding sectors and levels to carry out inspections on occupational safety and health; implementing state labor inspections; organizing information dissemination and training on occupational safety and health; cooperating with foreign countries and international organizations in the field of occupational safety."

''1. The Ministry of Labor - Invalids and Social Affairs shall be responsible for drafting and submitting to competent authorities for issuance, or issuing legal documents, policies, and systems regarding labor protection, occupational safety, and occupational health; establishing, issuing, and uniformly managing the national regulatory system on occupational safety, labor classification standards based on working conditions; guiding sectors and levels in conducting inspections on occupational safety and hygiene; implementing state inspection on labor; organizing information dissemination and training on occupational safety and hygiene; cooperating with foreign countries and international organizations in the field of occupational safety.''

''2. The Ministry of Health shall be responsible for drafting, promulgating, and uniformly managing legal normative documents, the occupational health standards system, and health standards for occupations and jobs; guiding sectors and levels in implementing occupational health, providing healthcare to workers; guiding the organization of regular health check-ups, health examinations when recruiting workers, and occupational disease detection; guiding the organization of treatment and functional recovery for workers who have suffered workplace accidents or occupational diseases; cooperating with foreign countries and international organizations in the field of occupational health.''

''5. Ministries and ministerial-level agencies shall be responsible for drafting, promulgating, and guiding the application of industry-specific safety and occupational health standards systems. Before promulgating industry-specific safety and occupational health standards, they must involve the Ministry of Labor, Invalids and Social Affairs in labor safety standards and the Ministry of Health in occupational health standards.''
"6. Repeal Clause 6 and amend Clause 7 to become the new Clause 6 of Article 19 of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on labor safety and occupational health."

Article 2. This Decree takes effect from January 1, 2003.

Repeal Decree No. 162/1999/NĐ-CP dated November 9, 1999 amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on labor safety and occupational health.

Article 3. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Health to guide the implementation of this Decree.

Article 4. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies; Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./.