Circular No. 20/2018/TT-BLDTBXH guiding the mechanism for coordination in conducting specialized labor inspection, occupational safety, and health inspections at night and outside regular working hours.

CIRCULAR

GUIDELINES FOR THE MECHANISM OF COOPERATION IN THE IMPLEMENTATION OF LABOR INSPECTION, SAFETY AND HEALTH INSPECTION DURING NIGHT TIME AND OUTSIDE REGULAR BUSINESS HOURS

BASED ON DECREE NO. 14/2017/NĐ-CP OF FEBRUARY 17, 2017, ISSUED BY THE GOVERNMENT, PROVIDING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRSPursuant to the request of the Director General of the Department of Vocational Education;

Based on Decree No. 110/2017/ND-CP dated October 4, 2017 of the Government on the organization and operation of labor inspection under the Ministry of Labor, Invalids and Social AffairsPursuant to the request of the Director General of the Department of Vocational Education;

At the request of the InspectorateGeneral;

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.and Social Affairs promulgates this Circular to guide the mechanism of cooperation in the implementation of labor inspection, safety and health inspection during night time and outside regular business hours.This Circular stipulates the cooperation between the agencies performing the function of labor inspection under the Ministry of Labor, Invalids and Social Affairs and related competent agencies in specialized labor inspection, safety and health inspection during night time and outside regular business hours.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The Inspectorate of the Ministry of Labor, Invalids and Social Affairs, the Department of Occupational Safety and Health (Ministry of Labor, Invalids and Social Affairs), Provincial Departments of Labor, Invalids and Social Affairs under centrally governed cities and provinces.

Article 2. Applicability

2. Local authorities and public security agencies including:

a) People's Committees at provincial, district, and commune levels;

b) Public Security Agencies at provincial, district, and commune levels.

3. Competent agencies including:

a) Ministries and sectors at the central level;

b) Departments and agencies under the People's Committees at provincial levels;

c) Vietnam General Confederation of Labor, Provincial Federations of Labor Unions, District Federations of Labor Unions;

d) Organizations and individuals using labor that are related.

Night-time inspection:

Article 3. Explanation of Terms

1. Is the act of the authorized inspection agency conducting inspections at units employing workers during their night work hours as defined in the Labor Code. Inspection outside regular business hours:

2. Is the act of the authorized inspection agency conducting inspections at units employing workers outside the working hours of administrative state agencies (excluding night-time inspections). 1. Ensuring the effectiveness and efficiency of specialized labor inspection, safety, and health inspection.

Article 4. Purpose of Cooperation

2. Ensuring that violations of labor laws, safety, and health laws are promptly prevented and dealt with.

3. Promoting the role of agencies and organizations in detecting and preventing violations of labor laws, safety, and health laws; ensuring the rights and legitimate interests of workers.

4. Ensuring the enforcement of labor laws, safety, and health laws in production, business, and service establishments operating during night time and outside regular business hours.

Article 5. Principles of Cooperation

1. Cooperation shall be carried out based on the principle of ensuring the functions, tasks, and powers of the agencies; complying with the laws on inspection, labor laws, and other relevant laws.

2. Cooperation must ensure the principles of inspection activities; correct composition, procedures, and prescribed formalities in this Circular.

MECHANISM OF COOPERATION AND RESPONSIBILITIES OF THE AGENCIES

Chapter II

Article 6. Mechanism of cooperation between the central-level state management agency for labor affairs and central-level functional agencies

1. When there is evidence indicating that information received about incidents infringing upon workers' rights or failing to ensure safety and health at workplaces occurring during night time and outside regular business hours is credible, and if such incidents continue they may affect the rights or endanger the lives of many workers, the Chief Inspector of the Ministry of Labor, Invalids and Social Affairs must notify the relevant central-level functional agencies.

2. The notified agency assigns staff to join the inspection team and cooperate in resolving the incident.

3. The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs issues the Decision to conduct the inspection within the scope of authority as stipulated in Article 15 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on the agencies entrusted with the function of specialized inspection and specialized inspection activities. In cases where necessary, the Minister of Labor, Invalids and Social Affairs issues the Decision to conduct the inspection in accordance with the law.

3. The Director of the Inspectorate under the Ministry of Labor, War Invalids and Social Affairs shall issue the Inspection Decision in accordance with the authority prescribed in Article 15 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government on agencies entrusted to perform specialized inspection functions and specialized inspection activities. In cases where necessary, the Minister of Labor, War Invalids and Social Affairs shall issue the Inspection Decision in accordance with the provisions of the law.

Article 7. Mechanism for coordination between central state agencies and local authorities in labor management

1. When there is evidence indicating that information received about incidents infringing upon workers' rights or failing to ensure workplace safety and hygiene occurring at night or outside regular working hours is credible, and if allowing such incidents to continue may affect workers' rights or endanger their lives without the need to establish a central inspection team, the Director of the Labor Inspection Department under the Ministry of Labor, Invalids, and Social Affairs shall promptly notify in writing or via telephone, email, or fax the Director of the Department of Labor, Invalids, and Social Affairs where the incident occurred to conduct inspections.

2. The Department of Labor, Invalids, and Social Affairs shall carry out coordination activities as stipulated in Article 8 of this Circular and conduct inspections in accordance with laws on inspection.

Article 8. Mechanism for coordination among local agencies

1. When there is evidence indicating that information received about incidents infringing upon workers' rights or failing to ensure workplace safety and hygiene occurring at night or outside regular working hours is credible, and if allowing such incidents to continue may affect workers' rights or endanger their lives, or when receiving instructions from the Director of the Labor Inspection Department under the Ministry of Labor, Invalids, and Social Affairs, the Director of the Department of Labor, Invalids, and Social Affairs must immediately notify relevant local functional agencies, public security organs, and local authorities (if necessary) within the province.

3. The Chief Inspector of the Ministry of Labor, Invalids and Social Affairs issues the Decision to conduct the inspection within the scope of authority as stipulated in Article 15 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on the agencies entrusted with the function of specialized inspection and specialized inspection activities. In cases where necessary, the Minister of Labor, Invalids and Social Affairs issues the Decision to conduct the inspection in accordance with the law.

3. The Director of the Department of Labor, Invalids, and Social Affairs or the Director of the Labor Inspection Department where the incident occurred shall issue an inspection decision according to the authority prescribed in Article 15 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities. In cases of necessity, the Chairman of the People's Committee of the provincial level shall issue an inspection decision in accordance with the law.

Article 9. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. Organizing the receipt and handling of information regarding incidents infringing upon workers' rights or failing to ensure workplace safety and hygiene.

2. Directing and guiding provincial-level state agencies in charge of labor management to conduct serious specialized labor inspections and occupational safety and health inspections occurring locally.

3. Taking the lead and coordinating with relevant agencies, public security organs, and local authorities (if necessary) to conduct specialized labor inspections and occupational safety and health inspections as stipulated in Article 6 of this Circular.

4. Taking the lead and coordinating with functional agencies to develop and promulgate regulations on coordination in conducting specialized labor inspections and occupational safety and health inspections at night and outside regular working hours at the central level.

Article 10. Responsibilities of the Provincial Department of Labor - Invalids and Social Affairs

Organizing the receipt and handling of information regarding incidents infringing upon workers' rights or failing to ensure workplace safety and hygiene.

1. Reporting and proposing to the Chairman of the Provincial People's Committee to issue an inspection decision for necessary incidents.

2. Taking the lead and coordinating with relevant agencies, public security organs, and local authorities (if deemed necessary) to conduct specialized labor inspections and occupational safety and health inspections occurring within the area.

3. Reporting the results of inspections or sending inspection conclusions immediately after obtaining the results of each incident to the Provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs.

4. Taking the lead and coordinating with functional agencies, public security organs, and local authorities to develop regulations on coordination among local agencies in conducting specialized labor inspections and occupational safety and health inspections at night and outside regular working hours, submitting them to the Chairman of the Provincial People's Committee for issuance.

Article 11. Responsibilities of central competent authorities

1. Appoint officials to participate in inspection teams and cooperate in resolving cases; implement coercive measures as prescribed by law to ensure the rights and lives of workers.

2. Provide relevant information and documents related to violations of workers' rights or failure to ensure workplace safety and hygiene (if any) to labor management agencies at all levels for prompt handling.

3. Assign tasks to subordinate units to serve as the main point of contact for cooperation with labor management agencies at the central level as stipulated in this Circular.

4. Participate in formulating regulations on cooperation in specialized labor inspections, including night-time and off-hour inspections.

Article 12. Responsibilities of related competent authorities, police agencies, and local authorities

1. Appoint officials to participate in inspection teams and cooperate in resolving cases; implement coercive measures as prescribed by law to ensure the rights and lives of workers.

2. Provide relevant information and documents related to violations of workers' rights or failure to ensure workplace safety and hygiene (if any) to labor management agencies at all levels for prompt handling.

3. Assign tasks to subordinate units to serve as the main point of contact for cooperation with provincial labor management agencies as stipulated in this Circular.

4. Participate in formulating regulations on cooperation in specialized labor inspections, including night-time and off-hour inspections.

Article 13. Procedures and formalities for cooperation among agencies

1. Within a maximum period of four hours from the time there is a basis to believe that information or documents related to violations of workers' rights or failure to ensure workplace safety and hygiene occurred during nighttime or off-hours, the Director of the Ministry of Labor, Invalids, and Social Affairs' Inspectorate or the Director of the Provincial Department of Labor, Invalids, and Social Affairs where the incident occurred shall notify, via email, telephone, or fax, the unit serving as the main point of contact at related competent authorities, police agencies, and local authorities (if necessary) to confirm participation in the inspection team.

2. Within a maximum period of four hours from the time of notification to related competent authorities, police agencies, and local authorities about the occurrence of labor law violations, workplace safety, and hygiene violations within their jurisdiction and requesting the dispatch of personnel to join the inspection team, the Director of the Ministry of Labor, Invalids, and Social Affairs' Inspectorate or the Director of the Provincial Department of Labor, Invalids, and Social Affairs or the Director of the Provincial Department of Labor, Invalids, and Social Affairs' Inspectorate where the incident occurred shall issue an inspection decision.

3. Within a maximum period of twelve hours from the issuance of the surprise inspection decision, the head of the inspection team must announce the inspection decision and simultaneously conduct the inspection at the location where the violation occurred.

4. Implement or recommend the implementation of measures to address violations according to the provisions of the law.

Chapter III

EXPENSES FOR COOPERATION ACTIVITIES AND IMPLEMENTATION PROVISIONS

Article 14. Expenses

Labor management agencies must ensure funding for nighttime and off-hour inspections, including travel expenses, overtime pay, night shift pay, and other expenses as prescribed by law.

Agencies dispatching personnel to join inspection teams must ensure funding for dispatched officials in accordance with the law.

Article 15. Implementation Provisions

This Circular takes effect from January 1, 2019.

During implementation, if any issues arise or difficulties occur, they should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for research and resolution within its authority./.