Circular No. 142/2017/TT-BQP stipulates the functions, tasks, and authorities of agencies and units implementing occupational safety and health work within the Ministry of National Defense.

 

CIRCULAR

Regulations on the functions, tasks, and powers of agencies and units implementing labor safety and hygiene work within the Ministry of National Defense

occupational safety and health in the Ministry of National Defense

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 37/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law on mandatory occupational accident insurance and occupational disease insurance;

Pursuant to Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety and Health Law;

Pursuant to Decree No. 44/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Labor Safety and Health Law on technical safety inspection activities, occupational safety and health training, and workplace environmental monitoring;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Department of Technology;

The Minister of National Defense issues this Circular stipulating the functions, tasks, and powers of agencies and units implementing labor safety and hygiene work within the Ministry of National Defense.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the functions, tasks, and powers of agencies and units implementing labor safety and hygiene work; developing plans and self-inspection regarding labor safety and hygiene work within the Ministry of National Defense; the Labor Safety and Health Council and the responsibilities of agencies, units, and related individuals.

Article 2. Applicability

1. Employers; military personnel, defense workers and civil servants, contractual workers, probationary workers, apprentices for employment, and workers (laborers) at agencies, units, enterprises (including foreign joint ventures) under the management authority of the Ministry of National Defense.

2. Agencies, units, organizations, and related individuals.

Article 3. Explanation of Terms

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

Labor in the Ministry of National Defense includes all regular activities in combat readiness, training, physical exercise, study, work, production, business, exploitation, management, and use of weapons and technical equipment within the Ministry of National Defense;

2. Occupational protection is a system of solutions concerning laws, science, technology, economic and social aspects aimed at ensuring safety and health for people during the labor process;

3. Employers in the Ministry of National Defense are agencies, units, enterprises, and public service units under the Ministry of National Defense.

Article 4. Contents of labor safety and hygiene work

1. Drafting legal normative documents, procedures, standards, programs on labor safety and hygiene and implementing their application in accordance with the specific characteristics of military activities within the Ministry of National Defense. Implement state administration over labor safety and hygiene within the Ministry of National Defense in accordance with the law.

2. Research and apply scientific and technological advancements in labor safety and hygiene to prevent dangerous and harmful factors; improve working conditions, reduce occupational accidents and diseases for labor activities within the Ministry of National Defense.

3. Provide information, propaganda, education, and training on labor safety and hygiene and mobilize mass organizations to participate in labor safety and hygiene work.

4. Inspect and supervise compliance with national and Ministry of National Defense regulations, procedures, standards, and laws on labor safety and hygiene, fire prevention, occupational accidents, occupational diseases, and occupational protection systems at units within the Ministry of National Defense.

Article 5. Management of occupational safety and health work

1. The General Department of Technology advises the Minister of National Defense to perform state management functions regarding occupational safety and health work within the Ministry of National Defense in accordance with the provisions of the law.

2. Technical agencies or agencies assigned to manage occupational safety and health work at units under the Ministry of National Defense advise commanders to manage and direct the implementation of occupational safety and health work for subordinate units in accordance with the law and regulations of the Ministry of National Defense; they are subject to management, direction, and guidance from higher-level business agencies.

3. Technical agencies or agencies assigned to manage occupational safety and health work at grassroots units, enterprises implement and carry out occupational safety and health work at their units in accordance with the law, the Ministry of National Defense, and the direction and guidance of higher-level business agencies.

Article 6. Organization of occupational safety and health agencies in the Ministry of National Defense

1. At the level of the Ministry of National Defense:

a) The managing agency is the Occupational Safety and Health Agency of the Ministry of National Defense (Occupational Safety and Health Office of the Military);

b) The testing center is the Military Technical Safety Testing Center.

2. Units directly under the Ministry of National Defense:

a) The Logistics General Department, the Defense Industry General Department, the Armament Bureau/The General Department of Technology are Safety and Health Departments;

b) Military regions, military branches, corps, border defense forces, the Capital Command of Hanoi, the Coast Guard Command, the General Staff, the Political General Department, the Second General Department, the Presidential Guard Command, the Standards-Measurement-Quality Bureau are specialized assistants for occupational safety and health;

c) Other units directly under the Ministry of National Defense and the Motorcycles Bureau, the Armament Engineering Bureau/The General Department of Technology are concurrently-assigned assistants for occupational safety and health.

3. Grassroots units:

a) At ammunition depots, weapon and technical equipment depots, fuel depots, ammunition and weapon repair factories, first-class logistics depots, the Safety and Health assistant is a specialized assistant for occupational safety and health;

b) At ammunition depots, weapon and technical equipment depots, fuel depots, second-class weapon and technical equipment repair workshops, first-class logistics depots, provincial/municipal military commands, provincial/municipal border defense commands, division/regiment/battalion-level units and equivalent units, academies, schools, hospitals, research institutes under units directly under the Ministry of National Defense, and independent laboratories, the Safety and Health assistant is a concurrently-assigned assistant for occupational safety and health.

4. Production and business units organize an Occupational Safety and Health Department (or Committee), dedicated staff, or concurrently-assigned staff for occupational safety and health based on specific conditions of their units, but must ensure the following minimum levels:

a) For production and business establishments operating in mining, coke production, refined petroleum product manufacturing, chemical production, metal and metal products manufacturing, non-metallic mineral product manufacturing, construction works, shipbuilding and repair, electricity generation, transmission, and distribution, employers must organize an occupational safety and health department ensuring the following minimum requirements:

- Establishments employing fewer than 50 workers must allocate at least one person to occupational safety and health work on a part-time basis;

- Establishments employing between 50 and fewer than 300 workers must allocate at least one person to occupational safety and health work on a full-time basis;

- Establishments employing between 300 and fewer than 1,000 workers must allocate at least two people to occupational safety and health work on a full-time basis;

- Establishments employing more than 1,000 workers must establish an occupational safety and health department or allocate at least three people to occupational safety and health work on a full-time basis.

b) For production and business establishments operating in other fields not specified in Point a Clause 4 of this Article, employers must organize an occupational safety and health department at their establishment ensuring the following minimum requirements:

- Establishments employing fewer than 300 workers must allocate at least one person to occupational safety and health work on a part-time basis;

- Establishments employing between 300 and fewer than 1,000 workers must allocate at least one person to occupational safety and health work on a full-time basis;

- Establishments employing more than 1,000 workers must establish an occupational safety and health department or allocate at least two people to occupational safety and health work on a full-time basis.

c) For companies established and operated according to the Enterprise Law, each enterprise must have an Occupational Safety and Health Department (or Committee) or at least one dedicated staff member for occupational safety and health work, especially for State-owned Joint Stock Corporations and equivalent entities.

Chapter II
FUNCTIONS, DUTIES, AND LIMITS OF AGENCIES

 PERFORMING OCCUPATIONAL SAFETY AND HEALTH WORK

Article 7. Functions, tasks, and powers of the Safety and Labor Protection Agency of the Ministry of National Defense (Military Safety and Labor Protection Office)

1. Functions:

Advise the Chief of the General Department of Technical Services to assist the Minister of National Defense in performing state management functions regarding safety and hygiene work within the Ministry of National Defense; organize, manage, direct, guide, inspect, supervise, and urge the implementation of all aspects of safety and hygiene work throughout the military in accordance with laws and regulations of the Ministry of National Defense.

2. Duties and authorities:

a) Propose to the Chief of the General Department of Technical Services for submission to the Minister of National Defense on policies, measures, programs, and short-term, medium-term, and long-term plans concerning safety and hygiene work within the Ministry of National Defense and organize their implementation in accordance with regulations.

b) Develop and report to the Chief of the General Department of Technical Services for submission to the Minister of National Defense to issue normative legal documents and administrative documents to direct and manage safety and hygiene work, fire prevention and extinguishing; lists of machines, equipment, materials, and special military substances with strict requirements for labor safety and organize their implementation in accordance with regulations.

c) Propose research and application of occupational safety science and technology to prevent dangerous and harmful factors; improve working conditions to reduce workplace accidents and occupational diseases in production activities, exploitation, management, weapons, and technical equipment at military units.

d) Organize investigations of serious workplace accidents and fire incidents according to the regulations of the Ministry of National Defense; periodically compile, analyze, and inform the entire military about the situation of workplace accidents and fire incidents, and direct preventive measures and reductions;

đ) Direct and guide agencies and units to implement safety and hygiene work, personal protective equipment provision; fire prevention and extinguishing, electrical safety, and lightning protection at technical facilities; registration, inspection, and technical safety certification of machines, equipment, materials, and substances with strict labor safety requirements; training and propaganda on safety and hygiene; accident reporting, investigation, statistics, and reporting;

e) Lead and coordinate with relevant agencies to determine the list of heavy, hazardous, and dangerous occupations and diseases in the military field for approval by competent authorities and organize their implementation;

g) Organize inspections of compliance with labor laws; safety and hygiene; fire prevention and extinguishing; occupational safety for units within the Ministry of National Defense (including organizations and individuals from foreign countries using or directly working in the Ministry of National Defense). Decide to temporarily suspend the use of machines, equipment, and workplaces that pose significant risks of accidents, labor safety hazards, and severe environmental pollution, report to functional agencies and competent authorities for handling. Participate in inspection teams led by the Inspectorate of the Ministry of National Defense to carry out specialized contents on safety and hygiene;

h) Coordinate with functional agencies to inspect the implementation of safety and hygiene work, labor environment. Technically assess safety; assess according to laws and regulations of the Ministry of National Defense on compliance with technical safety standards, safety measures, economic and technical justifications, design projects for new construction, expansion, or renovation of facilities for producing, exploiting, using, storing, and preserving machines, equipment, materials, and substances with strict labor safety requirements;

i) Handle or recommend competent authorities to handle violations of laws on safety and hygiene, occupational safety according to the分级要求您提供详细的翻译，但我注意到输入文本中存在一个遗漏的标点符号（“f”项缺失），导致输出格式不完整。请确认是否需要补充缺失的内容或直接跳过该项。如果需要继续翻译，请提供完整的原文。在此情况下，我将假设“f”项不存在，并继续翻译剩余部分。以下是翻译结果：

Manage technical safety inspection work for machines, equipment, materials, and substances with strict labor safety requirements within the Ministry of National Defense in accordance with laws and regulations of the Ministry of National Defense. Direct the Military Technical Safety Inspection Center to conduct technical safety inspections for machines, equipment, materials, and substances with strict labor safety requirements and other tasks assigned according to its functions and responsibilities;

l) Compile and propose the allocation of operational budgets for occupational safety and personal protective equipment provision in units under the Ministry of National Defense and organize their implementation upon approval;

m) Manage safety and hygiene training work within the Ministry of National Defense. Organize training, instruction, and capacity building on safety and hygiene for personnel engaged in safety and hygiene work; implement mid-term and final reviews of all aspects of safety and hygiene work; propose and submit to competent authorities for commendation of safety and occupational health work for units throughout the military;

n) Advise the Chief of the General Department of Technical Services and the Minister of National Defense to work with state agencies, international organizations on general safety and hygiene work and specific military safety and hygiene work;

o) Perform other tasks assigned by the Minister of National Defense and the Chief of the General Department of Technical Services.

Article 8. Functions, tasks, and powers of the Safety and Labor Protection Agency under units directly subordinate to the Ministry of National Defense

1. Functions:

Advise unit commanders on labor safety and hygiene work; organize inspections and urge the implementation of labor safety and hygiene contents within their management scope in accordance with laws and regulations of the Ministry of National Defense.

2. Duties and authorities:

a) Take the lead in proposing policies, measures, programs, and plans for labor safety and hygiene work of the unit and organize their implementation according to the approval of competent authorities.

b) Coordinate with relevant functional agencies and higher-level business agencies to develop guiding documents on labor safety and hygiene, fire prevention, and explosion control; lists of military-specific machines, equipment, and materials with strict safety requirements; proposals regarding lists of heavy, hazardous, and dangerous occupations; and lists of occupational diseases in the military field.

c) Propose research and application of scientific and technical means for labor protection to prevent dangerous and harmful factors; improve working conditions to reduce workplace accidents and occupational diseases in labor activities, exploitation, and management of weapons and technical equipment at the unit.

d) Participate in investigating workplace accidents and technical incidents as stipulated by the Ministry of National Defense; periodically compile and report to the Ministry of National Defense (through the General Department of Technology) on workplace accident situations, fire and explosion incidents, propose preventive solutions, and minimize such occurrences.

đ) Direct and guide agencies and units to implement labor safety and hygiene work, provide personal protective equipment; fire prevention and electrical safety work; technical safety registration, inspection, and certification of machines, equipment, and materials with strict safety requirements; training and propaganda on labor safety and hygiene; reporting, investigation, statistics, and reporting on workplace accidents and fire incidents.

e) Coordinate with higher-level business agencies and relevant functional agencies to assist unit commanders in organizing inspections on compliance with the Labor Code and regulations of the Ministry of National Defense on labor safety and hygiene, fire prevention, and labor protection for units under their management. Propose temporary suspension of the use of machines, equipment, and workplaces that pose significant risks of accidents, labor injuries, and severe environmental pollution, report to functional agencies and competent authorities for handling.

g) Participate in technical safety reviews; supervise, in accordance with laws and regulations of the Ministry of National Defense, adherence to technical safety standards and labor safety measures in facilities, economic and technical justifications, design projects, new construction, expansion, or renovation of facilities for production, exploitation, storage, and preservation of machines, equipment, materials, and substances with strict safety requirements within their management scope.

h) Recommend competent authorities to handle violations of labor safety and hygiene laws and labor protection regulations according to the分级任务，确保每个部分都准确无误。继续翻译剩余的内容：

i) Coordinate with the Military Technical Safety Inspection Center and the State Inspection Center (upon authorization from the Safety and Labor Protection Agency of the Ministry of National Defense) to conduct technical safety inspections of machines, equipment, materials, and substances with strict safety requirements; manage and monitor the registration and inspection process in accordance with regulations.

k) Organize training and capacity building for cadres and staff engaged in labor safety and hygiene work within the Ministry of National Defense. Conduct mid-term and final evaluations of labor safety and hygiene work throughout the military and report to higher-level business agencies as prescribed. Compile and recommend commendations to competent authorities and higher-level authorities for units and individuals with outstanding achievements in labor safety and hygiene and fire prevention work.

l) Perform other tasks assigned by the unit commander directly subordinate to the Ministry of National Defense.

Article 9. Functions, tasks, and authorities of the Military Technical Safety Testing Center

1. Functions:

The Military Technical Safety Testing Center is part of the national technical safety testing system, a basic unit under the General Department of Technology, with the function of testing machines, equipment, materials, and substances that have strict requirements for labor safety within the Ministry of National Defense.

2. Tasks and authorities:

a) Developing short-term, medium-term, and long-term action programs and targets related to technical safety testing work; annual work plans, reports to the Military Labor Safety Office for approval by the Chief of the General Department of Technology, and organizing their implementation.

b) Organizing technical safety testing for machines, equipment, materials, and substances that have strict requirements for labor safety; testing fire-fighting equipment, electrical equipment, explosion-proof electrical equipment, electromagnetic field equipment; special industrial, construction, and military equipment; personal protective equipment.

c) Conducting chemical inspections for export and import of various types of machines, equipment, materials, and substances that have strict requirements for labor safety; participating in the socialization of technical safety testing for machines, equipment, materials, and substances that have strict requirements for labor safety according to laws and regulations of the Ministry of National Defense.

d) Reviewing safety measures in projects, proposals, designs, new constructions, renovations using objects that have strict requirements for labor safety.

đ) Testing measuring instruments classified within the Ministry of National Defense and by delegation from the State. Providing technical safety consultations and reviews; conducting tests to determine the quantity, quality of various types of materials, products, and structures of tested objects.

e) Conducting technical safety testing to determine the causes of accidents and incidents caused by objects that have strict requirements for labor safety, upon request of competent authorities.

g) Training, instructing, and enhancing the skills of staff involved in labor safety, hygiene, protection, and testing; training personnel engaged in labor safety, technical testing, and operation of machines and equipment that have strict requirements for labor safety according to laws and regulations of the Ministry of National Defense.

h) Conducting tests to determine the quantity, quality of various types of materials, products, and structures of tested objects.

i) Researching or participating in scientific research on labor protection technology in production, exploitation, and management of weapons and technical equipment at units under the Ministry of National Defense.

k) Requesting units to report the quantity and quality of tested objects, providing relevant files and documents, ensuring all necessary conditions for testing, and addressing risks identified during testing. Reporting to the Ministry of National Defense's Labor Safety Protection Agency to take timely preventive measures when machines, equipment, and substances pose risks of accidents and incidents.

l) Refusing to conduct technical safety testing when machines, equipment, materials, and substances do not meet the required conditions for testing.

m) Implementing operational procedures; organizing mid-term and final evaluations of technical safety testing work and reporting as prescribed; building a comprehensive strong Military Technical Safety Testing Center.

n) Performing other tasks assigned by the General Staff/General Department of Technology.

Article 10. Duties, tasks, and authorities of safety and labor protection officers at grassroots units

1. Responsibilities:

Full-time or part-time safety and labor protection officers at enterprises, grassroots units at division, regiment levels, and equivalent units shall be under the management of unit commanders and the guidance of higher-level business agencies; they shall advise unit commanders on implementing safety and occupational health work contents within their units in accordance with laws and the Ministry of National Defense regulations.

2. Tasks and authorities:

a) Advise and propose to the commander:

- Establish internal rules and regulations for managing safety and occupational health work within the unit; develop annual safety and occupational health work plans to report to the commander for approval and implementation;

- Develop safety procedures and measures; manage and monitor the registration and technical inspection of machines, equipment, materials, and substances with strict safety requirements according to regulations;

- Propose and urge the implementation of activities to disseminate legal documents on safety and occupational health, fire prevention and control to military personnel and workers;

- Organize training on safety and occupational health for workers according to classification; coordinate to organize workplace environment inspections and food hygiene and safety checks (for units organizing industrial meals);

- Monitor occupational injuries and diseases; propose to the unit commander measures for managing and caring for worker health;

b) Participate in inspection teams checking compliance with safety and occupational health regulations; fire prevention and control according to this Circular. Conduct inspections at least once a month for departments engaged in heavy, hazardous, or dangerous work; after inspections, propose to the unit commander corrective measures for existing issues;

c) Participate in investigating, compiling, and reporting statistics on workplace accidents and technical incidents according to regulations of the Ministry of National Defense and guidance from higher-level business agencies;

d) Summarize and evaluate the implementation of safety and occupational health plans; participate in providing comments on safety and occupational health matters during meetings to build work plans, in drafting and approving design, construction, acceptance, and commissioning projects for buildings, workshops, stations, machines, and equipment with strict safety requirements;

đ) Compile and propose to the unit commander timely solutions to recommendations and complaints from inspection and audit teams, subordinate units, or workers regarding safety and occupational health matters;

e) Draft violation records concerning safety and occupational health, recommend to the commander to handle collective or individual violators or non-compliers of safety and occupational health regulations;

g) Implement reporting systems for safety and occupational health work;

h) In cases where violations of safety regulations or potential workplace accidents are discovered, have the authority to temporarily halt work (in emergencies) or request responsible persons to issue orders to stop work to implement safety measures, while reporting to the unit commander; have the authority to suspend operations of machines and equipment that do not meet safety standards or have exceeded their service life.

Article 11. Occupational Safety and Health Inspectors

1. Network of occupational safety and health inspectors:

a) The network of occupational safety and health inspectors shall be organized at direct labor and production units. Each team, shift, or production group must have at least one dedicated or part-time occupational safety and health inspector;

b) An occupational safety and health inspector is a direct worker who understands occupational safety and health techniques and regulations, voluntarily and exemplarily adheres to occupational safety and health regulations, and is elected by workers within their team;

c) Unit commanders are responsible for deciding to establish the network of occupational safety and health inspectors, issuing operational regulations for the network of occupational safety and health inspectors, after reaching consensus with the Trade Union Committee, Military Council, or representative organization of workers;

d) Unit commanders are responsible for coordinating with the Trade Union Committee, Military Council, or representative organization of workers to create conditions for the network of occupational safety and health inspectors to operate effectively, as well as to provide material and spiritual encouragement for the network of occupational safety and health inspectors;

đ) Occupational safety and health inspectors operate under the management and guidance of the Trade Union Committee, Military Council, or representative organization of workers based on the operational regulations of the network of occupational safety and health inspectors.

2. Occupational safety and health inspectors have the following responsibilities and obligations:

a) Urging, reminding, and guiding all members of the team, squad, workshop to strictly comply with occupational safety and health regulations, maintaining safety equipment and personal protective equipment; reminding team leaders, squad leaders, foremen to comply with occupational safety and health regulations;

b) Supervising the implementation of standards, norms, procedures, internal rules on occupational safety and health, identifying deficiencies and violations of occupational safety and health, situations where machines, equipment, materials, and workplaces are unsafe and unhygienic;

c) Participating in building occupational safety and health plans; participating in guiding safe work methods for new workers joining the team;

d) Advising team leaders or superiors to fully implement labor protection systems, measures ensuring occupational safety and health, and promptly addressing situations where machines, equipment, materials, and workplaces are unsafe and unhygienic;

đ) Reporting to the trade union, Military Council, or representative organization of workers, or labor inspection when discovering violations of occupational safety and health regulations at the workplace or situations where machines, equipment, materials, and workplaces that require strict occupational safety and health regulations are unsafe, which have been advised to employers but not resolved;

3. Occupational safety and health inspectors have the following rights:

a) Receiving full information about measures taken by employers to ensure occupational safety and health at the workplace;

b) Being allocated a portion of working time to perform tasks of occupational safety and health inspectors while still being paid for the time spent on these tasks;

c) Requesting workers in the team to stop work to implement measures ensuring occupational safety and health if there is a direct risk of accidents, and bearing responsibility for such decisions;

d) Having the opportunity to study and improve professional knowledge, skills, and methods of operation.

Chapter III
OCCUPATIONAL SAFETY AND HEALTH COUNCIL

Article 12. The Safety and Labor Hygiene Council of the Ministry of National Defense

1. The Minister of National Defense decides on the establishment of the Safety and Labor Hygiene Council.

2. Members of the Safety and Labor Hygiene Council of the Ministry of National Defense include:

a) The Chairman of the Council is a Deputy Minister of National Defense;

b) Vice Chairmen of the Council: The Director General of the Technical Department;

c) Council members include representatives from the Office of the Ministry of National Defense, the Inspectorate of the Ministry of National Defense, the Military Medical Department, the Criminal Investigation Department, the Military Personnel Department, the Policy Department, the Social Insurance of the Ministry of National Defense, the Safety and Occupational Health Protection Room of the Military, and the National Defense Trade Union Committee.

3. Tasks:

a) Directing and managing the implementation of the Party's policies and State laws on safety and labor hygiene within the Ministry of National Defense;

b) Annually, develop a program for safety and labor hygiene activities within the Ministry of National Defense.

4. Activities:

a) Annually, the Council organizes dialogues to share information and enhance understanding among employers, employees, trade unions, organizations representing employees, and state agencies in organizing and implementing policies and laws on safety and labor hygiene within the Ministry of National Defense;

b) The Chairman of the Safety and Labor Hygiene Council of the Ministry of National Defense issues the operating regulations of the Council, decides on the assisting agency and secretariat of the Council;

c) The Chairman may invite experts, scientists, and researchers to provide advice or participate in Council meetings;

d) The operational funds of the Safety and Labor Hygiene Council of the Ministry of National Defense are guaranteed by the budget and allocated according to the provisions of the State budget law.

Article 13. Safety and Labor Hygiene Councils of Main Units under the Ministry of National Defense

1. Commanders of main units under the Ministry of National Defense decide on the establishment of Safety and Labor Hygiene Councils. The composition of the Council includes:

a) The Chairman of the Council is the Deputy Commander responsible for safety and labor hygiene work;

b) Vice Chairmen of the Council: The Director of the Technical Department or the agency managing safety and labor hygiene work of the unit;

c) Council members include the Technical Department, the Military Medical Department, the Trade Union Department, and some departments and organizations of the unit.

2. The Safety and Labor Hygiene Councils of main units under the Ministry of National Defense have the task of advising commanders in organizing and implementing policies and laws on safety and labor hygiene at the unit.

3. Annually, the Safety and Labor Hygiene Council has the responsibility to organize dialogues to share information and enhance understanding among employers, employees, trade unions, employee representative organizations, and agencies and units to promote improvements in working conditions for employees, thereby enhancing the effectiveness of policy and law implementation regarding safety and labor hygiene.

Article 14. Safety and Labor Hygiene Councils at the Base Level

1. Safety and Labor Hygiene Councils at the base level are established at the following levels:

a) Divisions, brigades, regiments, and equivalent units;

b) Production and business establishments in sectors and industries specified in Clause 1, Article 36 of Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Safety and Labor Hygiene and employing 300 or more workers;

c) Production and business establishments operating in other sectors and industries not specified in Point b of Clause 1 of this Article, employing 1,000 or more workers;

d) Economic groups and State-owned corporations.

2. Other units and production and business establishments not specified in Clause 1 of this Article establish Safety and Labor Hygiene Councils if deemed necessary and capable of functioning effectively.

3. The composition of the Safety and Labor Hygiene Council includes:

a) A representative of the employer serves as the Chairman of the Council;

b) A representative of the grassroots trade union committee, or a representative of the military council, or a representative of the collective workforce (in places without trade union organizations) serves as the Vice Chairman of the Council;

c) A person engaged in safety and labor hygiene work at the unit or production and business establishment serves as a permanent member and secretary of the Council;

d) A person engaged in medical work at the unit or production and business establishment;

đ) Other relevant members; the composition of the Safety and Labor Hygiene Council at the base level must ensure a proportionate participation of female members in accordance with gender equality principles based on actual conditions at the unit or production and business establishment.

4. The Safety and Labor Hygiene Council has the following tasks and powers:

a) Advising and assisting the unit commander (employer) in developing internal regulations, procedures, plans, and measures to ensure safety and labor hygiene at the unit or production and business establishment;

b) Annually, organizing workplace dialogues with employees to share information, enhance understanding, and promote improvements in working conditions for employees; enhancing the effectiveness of policy and law implementation regarding safety and labor hygiene at the agency, unit, or production and business establishment;

c) Organizing inspections of the implementation of safety and labor hygiene work at the agency, unit, or production and business establishment;

d) Recommending employers to take measures to address and rectify any identified risks to safety and labor hygiene.

Chapter IV
DEVELOPMENT AND INSPECTION OF SAFETY AND LABOR HYGIENE WORK

SAFETY AND LABOR HYGIENE WORK

Article 15. Occupational Safety and Health Plan

1. Every year, employers must develop an occupational safety and health plan. For new tasks arising during the planning year, appropriate content must be added to the occupational safety and health plan.

2. The development of the occupational safety and health plan must involve the opinion of the Trade Union Committee at the workplace or the Military Council for units without a Trade Union Committee, based on the following grounds:

a) Assessment of occupational safety and health risks at the workplace; control measures for hazardous factors, harmful factors, and emergency response plans;

b) Results of occupational safety and health activities from the previous year;

c) Tasks, directions, production and business plans, and labor conditions for the planning year;

d) Suggestions from workers, trade unions, and inspection and supervision teams.

3. The occupational safety and health plan must include the following main contents:

a) Technical measures for occupational safety and fire prevention;

b) Hygiene technical measures, prevention of harmful factors, and improvement of working conditions;

c) Provision of personal protective equipment for workers;

d) Health care for workers;

đ) Information dissemination, education, and training on occupational safety and health.

4. The occupational safety and health plan must include content, measures, budget, materials, completion time, and organizational assignment.

5. The occupational safety and health plan must be developed from the production unit level (or equivalent) upwards. All workers have the right to participate in the occupational safety and health plan through their representatives at the workplace.

6. The funds guaranteed in the occupational safety and health plan are accounted for in the production and business costs of enterprises and production and business establishments and are considered reasonable expenses when calculating corporate income tax according to the Corporate Income Tax Law. For administrative units and public service organizations, these costs are included in regular expenses.

Article 16. Implementation of the Occupational Safety and Health Plan

1. After the occupational safety and health plan is approved by the unit commander or competent authority, the unit's planning department is responsible for organizing its implementation.

2. Departments assigned the task of implementing the occupational safety and health plan must coordinate with the safety and hygiene department and the medical department to organize implementation; they must also urge, inspect, and regularly report to the unit commander to ensure that the occupational safety and health plan is fully implemented within the specified timeframe.

3. The unit commander is responsible for periodically evaluating the implementation of the occupational safety and health plan and informing the workers in the unit about the results.

Article 17. Self-inspection of Occupational Safety and Health

1. Employers must establish a plan and organize the periodic and spot self-inspection of occupational safety and health at the workplace.

2. The specific content, form, and timing of self-inspection must ensure effectiveness and be suitable for the nature of work, risk of occupational accidents, occupational diseases, and working conditions at the workplace.

3. The unit commander must stipulate and organize the self-inspection of occupational safety and health within the unit; the specific form and timing of self-inspection are determined by the unit commander proactively.

4. Self-inspection of occupational safety and health promptly identifies deficiencies in occupational safety and health, implements corrective measures; educates and reminds everyone to enhance their sense of responsibility in complying with safe and healthy working procedures and measures; encourages the spirit of creativity, self-reliance, and ability of workers in identifying occupational accident risks, harmful factors, and organizing the correction of deficiencies and shortcomings.

Article 18. Content, form, and organization of self-inspection

1. Content of self-inspection:

a) Implementation of regulations on occupational safety and health such as: Health examinations, detection of occupational diseases, working hours, rest periods, hazardous duty allowances, material supplements, reporting, investigation, statistics, accident reports;

b) Files, records, internal rules, procedures, and safe work methods, inspection record books, recommendation record books;

c) Implementation of issued standards, norms, and safety procedures and measures;

d) Safety and hygiene conditions of machinery, equipment, workshops, warehouses, and workplaces such as: Protection at dangerous locations, reliability of safety mechanisms, heat protection, dust control, lighting, ventilation, water supply and drainage, and other related issues;

đ) Use and maintenance of personal protective equipment, fire prevention and firefighting technical equipment, medical emergency equipment;

e) Implementation of contents of the occupational safety and health plan;

g) Implementation of recommendations from inspection and supervision teams;

h) Management of equipment, materials, substances with strict requirements for occupational safety, and control of dangerous and harmful factors;

i) Occupational safety and health knowledge, ability to handle incidents and provide first aid of workers;

k) Organization of meals, health care for workers;

l) Self-inspection activities of subordinate levels, handling of proposals and recommendations regarding occupational safety and health from workers;

m) Responsibility for managing occupational safety and health work and mass movements on occupational safety and health.

2. Forms of Inspection:

a) Comprehensive inspection of occupational safety and health contents within the authority of the inspection level;

b) Specialized inspection of individual items in the occupational safety and health plan;

c) Inspection after long-term breaks;

d) Inspection before or after the rainy season or typhoons;

đ) Inspection after incidents or major repairs;

e) Regular inspections;

g) Unscheduled inspections.

3. Organization of inspections:

a) Forming an inspection team;

b) Holding a meeting of the inspection team to assign tasks to members and determine the inspection schedule;

c) Notifying the inspection schedule to units or production organizations;

d) Conducting the inspection;

đ) The inspection team records observations and recommendations with the inspected unit; records issues resolved under the responsibility of the inspection level in the inspection record book of the inspected unit;

e) Inspected units must develop plans to address deficiencies within their scope of resolution and submit them to the inspection level for monitoring implementation;

The inspection level must have a plan to reinspect the implementation of recommendations for the facility; compile contents within its responsibility and authority to resolve for subordinate levels and delegate relevant departments to organize implementation;

g) Time for self-inspection:

- For direct subordinate levels under the Ministry: Comprehensive inspection at least once every six months;

- For basic unit levels: Self-inspection at least once every three months;

- For workshop or equivalent levels: Self-inspection at least once a month;

h) Self-inspection at squad or production group levels: Self-inspection at the group or team level must be conducted before and after daily work hours and before starting new tasks;

i) Establishing recommendation books and inspection record books on occupational safety and health: Establishing recommendation books and inspection record books on occupational safety and health is a mandatory requirement at all levels within the unit. Recommendation books and inspection record books are original documents of self-inspection activities, serving as a work system for production management staff at various levels to perform inspection and urging functions as well as to solicit contributions and feedback from subordinates on occupational safety and health conditions within the unit. Recommendation books and inspection record books on occupational safety and health must be stamped and managed according to current document management regulations for retrieval when necessary. All reflections, recommendations, proposals, and acceptance of recommendations must be recorded and signed in the recommendation book on occupational safety and health to establish responsibility.

Chapter V
RESPONSIBILITIES OF AUTHORITIES, UNITS, AND INDIVIDUALS

Article 19. General Department of Technology

1. Take the lead in drafting, submitting to the Head of the Ministry of National Defense for issuance within their authority, and organizing the implementation of laws, policies, plans on occupational safety and health, national programs on occupational safety and health; participate in compiling the national dossier on occupational safety and health.

2. Propose the issuance of a list of types of machinery, equipment, materials, special military substances with strict requirements for occupational safety and health as stipulated in Clause 2, Article 28 of the Law on Occupational Safety and Health; take the lead in implementing occupational safety and health training activities and inspecting various types of machinery, equipment, materials, substances with strict requirements for occupational safety and health within the Ministry of National Defense.

3. Draft or provide comments within their authority on national technical standards and regulations on occupational safety and health as stipulated in Article 87 of the Law on Occupational Safety and Health.

4. Monitor, compile, provide information, and statistics on occupational safety and health within the Ministry of National Defense.

5. Take the lead in organizing the implementation of propaganda, dissemination, and education on laws related to occupational safety and health; prevent technical accidents causing occupational safety and health hazards, work-related injuries, and occupational diseases.

6. Submit to the Ministry of National Defense for decision-making on measures to protect legitimate rights and interests regarding work injury insurance and occupational disease benefits for workers within the Ministry of National Defense when necessary.

7. Inspect, check, propose handling violations of laws on occupational safety and labor protection; implement and coordinate in investigating work-related accidents and technical incidents causing occupational safety and health hazards; recommend competent authorities to investigate and handle work-related accidents that indicate criminal offenses.

8. Take the lead in coordinating with functional agencies of the Ministry of National Defense to resolve complaints and reports related to occupational safety and health work.

9. Regularly review, summarize, and compile the situation of occupational safety and health work to report to the Ministry of National Defense.

Article 20. Unit Commanders

1. Draft and organize the implementation of regulations, internal rules, procedures, programs, and plans for occupational safety and health work of units and enterprises within their scope of responsibility for subordinate agencies, units, and individuals.

2. Equip sufficient labor tools ensuring occupational safety and health; implement health care, occupational disease detection; fully implement the system for those who suffer from work-related injuries and occupational diseases for military personnel and workers; organize training and guidance on applying standards, regulations, and safety and health measures for workers.

3. Arrange a department or person responsible for occupational safety and health work; assign someone to supervise and inspect the implementation of regulations, internal rules, and safety and health measures within the unit; cooperate with the grassroots trade union, or the Military Council, or representatives of the workforce to build and maintain the network of safety and health officers.

4. Regularly review and supplement internal rules and regulations on occupational safety and health, emergency response plans suitable for each type of machinery, equipment, materials, and workplace; organize regular health checks and occupational disease detection for military personnel and workers.

5. Implement reporting, investigation, statistics, and reporting on work-related injuries and occupational diseases; report on the implementation of occupational safety and health work, training work, registration, and inspection.

6. Coordinate with the grassroots trade union executive board, or the Military Council, or representatives of the workforce to organize mass movements to implement occupational safety and health and environmental protection at the unit.

7. Bear legal responsibility for the results of implementing regulations on occupational safety and health, the situation of work-related injuries, and occupational diseases in the unit they are responsible for.

Article 21. Trade union bodies at the primary level under Ministries, Military Councils, and representatives of groups of workers in occupational safety and health work

1. Participate with competent authorities in formulating policies and laws on occupational safety and health. Propose to competent authorities the establishment, amendment, and supplementation of policies and laws related to the rights and obligations of military personnel and workers regarding occupational safety and health.

2. Participate and coordinate with competent authorities in inspecting, supervising the implementation of policies and laws on occupational safety and health; participate in building, guiding the implementation, and supervising the implementation of plans, regulations, internal rules, and measures to ensure occupational safety and health, improving working conditions for workers at workplaces; participate in investigating workplace accidents in accordance with the provisions of the law.

3. Require organizations, enterprises, individuals responsible to immediately implement measures to ensure occupational safety and health, including halting operations if necessary when harmful factors or dangers to human health and life are discovered during work.

4. Mobilize military personnel and workers to comply with regulations, internal rules, procedures, and measures to ensure occupational safety and health.

5. Represent groups of workers in initiating lawsuits when the group's rights concerning occupational safety and health are violated; represent workers in initiating lawsuits when their rights concerning occupational safety and health are violated and authorized by the workers.

6. Study and apply science and technology, training, and education on occupational safety and health; propose solutions to improve working conditions, prevent workplace accidents, and occupational diseases for workers.

7. Coordinate with agencies and units to organize campaigns promoting occupational safety and health; organize mass movements for occupational safety and health work; organize and guide the activities of occupational safety and health networks.

8. Reward outstanding performance in occupational safety and health according to regulations.

Article 22. Grassroots trade unions, Military Councils, or representatives of groups of workers

1. Participate with employers in establishing and monitoring the implementation of plans, regulations, internal rules, procedures, and measures to ensure occupational safety and health, improving working conditions.

2. Represent groups of workers in negotiating, signing, and monitoring the implementation of clauses on occupational safety and health in collective labor agreements; have the responsibility to assist workers in lodging complaints and initiating lawsuits when their legitimate rights and interests are violated.

3. Dialogue with employers to resolve issues related to the rights and obligations of workers and employers concerning occupational safety and health.

4. Participate and coordinate with employers in organizing inspections of occupational safety and health work; supervise and require employers to strictly adhere to regulations on occupational safety and health; participate and coordinate with employers in investigating workplace accidents and supervising the resolution of benefits, vocational training, and job placement for workers injured in workplace accidents or suffering from occupational diseases.

5. Propose to employers and competent authorities to implement measures to ensure occupational safety and health, remediate consequences of technical incidents causing loss of occupational safety and health, workplace accidents, and handle violations of laws on occupational safety and health.

6. Promote and mobilize workers and employers to strictly comply with legal provisions, standards, norms, procedures, and measures to ensure occupational safety and health at workplaces. Coordinate with employers to organize training and education on occupational safety and health for trade union cadres and workers.

7. Require responsible parties to immediately implement measures to ensure occupational safety and health, including temporarily halting operations if necessary upon discovering workplaces posing risks to worker health and lives.

8. Participate in grassroots accident investigation teams in accordance with the Ministry of National Defense's regulations; participate and coordinate with employers to rescue and remediate consequences of technical incidents causing loss of occupational safety and health, workplace accidents; if employers fail to fulfill their reporting obligations as required, immediately report to the competent management authority in accordance with the Ministry of National Defense's regulations for investigation.

9. Coordinate with employers to organize campaigns promoting occupational safety and health, mass movements for occupational safety and health work, and build a safe working culture at workplaces; manage and guide the activities of occupational safety and health networks.

10. In production and business establishments that have not established grassroots trade unions, higher-level trade union bodies directly overseeing such establishments or Military Councils, or representatives of groups of workers shall exercise the rights and responsibilities stipulated in this Article upon request by workers there.

Article 23. Financial Department/Military Ministry

The Financial Department ensures the budget for annual occupational safety and health activities.

Article 24. Military Health Department/Military Ministry

1. Is responsible for state management of substances with strict requirements for occupational safety and health within the Military Ministry.

2. Develops and submits to competent state agencies for issuance of normative legal documents on labor environment monitoring; evaluates, controls, and manages harmful factors at workplaces; manages and organizes special military labor environment monitoring.

3. Develops national technical standards and regulations on occupational safety and health concerning hygiene factors in special military labor environments.

4. Guides occupational health management work, prevention, and control of occupational diseases according to its authority.

5. Guides physical examinations for workers, detection of occupational diseases, assessment of work capacity reduction levels, treatment, and functional recovery for workers injured in workplace accidents or suffering from occupational diseases; manages health records for workers within the Military Ministry.

6. Cooperates with the Military Labor Safety and Protection Agency to develop training content on occupational health; disseminates, popularizes, and educates on laws related to occupational health; policies and laws regarding workplace accidents and occupational diseases.

7. Develops and proposes issuance of, and periodically reviews and supplements the list of special military occupational diseases; health standards for each type of special military occupation after obtaining opinions from relevant agencies and sectors.

8. Monitors, compiles, and provides information on occupational health work within the Military Ministry; statistics and builds databases on occupational diseases; manages worker health at workplaces.

9. Cooperates with the Military Labor Safety and Protection Agency to establish criteria for evaluating heavy, hazardous, and particularly heavy, hazardous, and dangerous occupations with special military characteristics.

10. Cooperates with the Military Labor Safety and Protection Agency to inspect and check compliance with occupational health laws within the Military Ministry.

11. Leads investigations into occupational diseases and cooperates with competent authorities during re-investigations of workplace accidents upon request of social insurance agencies.

12. Directs, guides, inspects, and ensures the quality of occupational disease diagnosis and treatment and post-accident functional recovery.

13. Resolves complaints and reports from organizations and individuals regarding occupational disease diagnosis and treatment and functional recovery within the Military Ministry.

14. Provides materials and information related to occupational disease diagnosis and treatment and functional recovery according to requests from competent state agencies.

15. Annually sends the Military Labor Safety and Protection Agency a report on the implementation of policies and laws on occupational safety and health in the managed field every six months.

16. Performs other responsibilities related to occupational safety and health as prescribed by law.

Article 25. Unit Medical Services (health agency)

1. Manages the health of workers at the unit. Develops plans for regular health checks, convalescence, and functional recovery for those engaged in heavy and hazardous work with periodic health check results classified as Type IV, Type V, or who have contracted occupational diseases.

2. Establishes internal rules on occupational health, identifies occupational disease risks, and preventive measures within the unit.

3. Annually organizes training for workers on the impact of harmful factors arising in the labor environment on health and preventive measures against related occupational diseases; first aid and emergency response procedures for common workplace accidents.

4. Develops practical first aid and emergency response plans at the unit, prepares necessary equipment to ensure effective first aid in case of incidents or accidents.

5. Ensures a stock of medical supplies for first aid and emergency response; promptly treats cases of workplace accidents.

6. Assists commanding officers in managing worker health conditions; annually organizes regular health checks and occupational disease examinations. Manages, retains, and monitors workers' medical records including: recruitment health records; regular health check records; occupational disease records (if applicable).

7. Regularly checks compliance with hygiene regulations, disease prevention, and food safety for workers at the unit; guides subordinate units and workers to implement labor hygiene measures. Annually, regularly and urgently, collaborates with the labor safety and protection agency to measure, inspect, and monitor the labor environment, propose solutions to improve working conditions, and enhance worker health.

8. Guides and implements material compensation (quantity structure of materials, organization of meals) for those working under hazardous conditions detrimental to health. Participates in investigating workplace accidents occurring at the unit, processes for assessing injuries for workers injured in workplace accidents or suffering from occupational diseases.

9. Collaborates with local health agencies to implement worker health management tasks; fully implements professional guidance from higher-level health agencies. Implements responsibilities and periodic reporting requirements for worker health management and occupational disease tasks to higher-level health agencies as stipulated by the Military Ministry.

10. Participates in briefing meetings, mid-term and final reviews of unit operations, and inspections of safety and labor protection plan implementation; provides opinions on safety and health issues at planning meetings, in the preparation and approval of design, construction, acceptance, and commissioning projects involving facilities with hazardous factors.

11. During inspections of units, if signs of violations or risks causing illness or sickness among workers are discovered, they have the right to temporarily suspend operations (if urgent) or request responsible persons to issue orders to suspend work to implement necessary measures, while reporting to unit commanders; they also have the right to halt the use of substances that do not comply with labor hygiene regulations.

12. Participate in compiling and proposing rewards and disciplinary actions for collectives and individuals in occupational safety and health work. They are entitled to attend meetings, conferences, and interact with local health authorities and sectors to enhance their expertise and coordinate work.

Chapter VI
STATISTICS, REPORTS, INTERIM SUMMARIES, AND COMPREHENSIVE SUMMARIES

 OF OCCUPATIONAL SAFETY AND HEALTH WORK

Article 26. Statistics and reports on occupational safety and health work

1. Units must maintain registers to track and compile statistics on contents required to be reported according to current regulations. Statistical data must be retained for at least five years at the workshop level or equivalent departments and ten years at the unit level to serve as a basis for monitoring, analysis, formulating policies, and solutions for occupational safety and health work within the unit.

2. In addition to specialized reports on workplace accidents and occupational diseases, units must submit comprehensive reports on occupational safety and health work; they must periodically report twice a year (in June and annually) to the Ministry of National Defense (through the General Department of Technical Services) on the situation and results of occupational safety and health work.

a) Reporting time: Before July 5 for the mid-year report and before January 10 of the following year for the annual report.

b) Send periodic reports on occupational safety and health as specified in Appendix I and Appendix II attached to this Circular.

Article 27. Interim summaries and comprehensive summaries of occupational safety and health work

1. Every six months and annually, units must organize interim summaries and comprehensive summaries of occupational safety and health work covering the following contents: Analysis of achievements, shortcomings, existing issues, causes, and lessons learned; organizing rewards for collectives and individuals who perform well in occupational safety and health work, launching campaigns to ensure occupational safety and health - fire prevention.

2. The interim summaries and comprehensive summaries of occupational safety and health work are conducted from the grassroots level up to the Ministry of National Defense.

Chapter VII
IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Circular takes effect from July 15, 2017, and replaces Circular No. 202/2010/TT-BQP dated December 6, 2010, issued by the Minister of National Defense regarding the organization and implementation of occupational safety and health work in the military.

Article 29. Responsibility for Implementation

The Chief of the General Department of Technical Services, heads of agencies, units, organizations, and individuals related thereto are responsible for implementing this Circular./.

 

 

ANNEX I

MODEL FOR PERIODIC REPORT ON OCCUPATIONAL

SAFETY AND HEALTH WORK AT THE LOCAL LEVEL
(Annexed to Circular No. 142/2017/TT-BQP dated May 29, 2017

of the Minister of National Defense)

 

REPORT
Occupational Safety and Health Work
Reporting Period: …year…

 

 

Place of Receipt:

ANNEX II

SAMPLE OF PERIODIC REPORT ON LABOR SAFETY AND HEALTH

 LEVEL DIRECTLY UNDER THE MINISTRY OF NATIONAL DEFENSE
(Annexed to Circular No. 142/2017/TT-BQP dated May 29, 2017

of the Minister of National Defense)

 

REPORT
Occupational Safety and Health Work
Reporting period:...year......

 

Place of Receipt: