Circular No. 47/2013/TT-BLDTBXH detailing occupational safety and health training and hygiene work. This Circular takes effect from December 15, 2013, replacing previous Circulars such as No. 37/2005/TT-BLDTBXH and No. 41/2011/TT-BLDTBXH. This Circular details the subjects of training, the content of the training program, the organization of training service activities, and the responsibilities of related parties such as employers, training service organizations.
适用范围
Employers, occupational safety and health workers, and employees
要点
- Detailed provisions on the subjects and content of the training program
- Requirements for facilities and teaching staff of training service organizations
- Responsibilities of related parties in implementing occupational safety and health training and hygiene work
- Transitional provisions for those who have been trained under previous circulars
- Effective date and duration of application
🌐 本文件的社会影响
- Enhancing awareness about occupational safety and health among employers, occupational safety and health workers, and employees
- Reducing workplace accidents and occupational diseases
❓ 常见问题
Which circulars does this circular replace?
Circular No. 47/2013/TT-BLDTBXH replaces Circular No. 37/2005/TT-BLDTBXH and Circular No. 41/2011/TT-BLDTBXH
When does the effective date of this circular begin?
This Circular takes effect from December 15, 2013
全文
CIRCULAR
Regulations on occupational safety and health training work
______________
Pursuant to Article 150 of the Labor Code dated June 18, 2012;
Pursuant to Decree No. 45/2013/NĐ-CP of the Government dated May 10, 2013 detailing certain provisions of the Labor Code on working hours, rest periods, occupational safety, and health;
Pursuant to Decree No. 106/2012/NĐ-CP of the Government dated December 20, 2012 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
At the proposal of the Director of the Occupational Safety and Health Inspectorate;
The Minister of Labor, Invalids and Social Affairs issues this Circular on occupational safety and health training work.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Circular guides the implementation of Clause 4, Article 150 of the Labor Code regarding the conditions for organizations engaged in occupational safety and health training services; developing a framework training program on occupational safety and health; and listing jobs with strict requirements for occupational safety and health.
2. Implementing Decree No. 45/2013/NĐ-CP of the Government dated May 10, 2013 detailing certain provisions of the Labor Code on working hours, rest periods, occupational safety, and health, guiding and managing the organization of occupational safety and health training.
3. This Circular does not regulate occupational safety and health training activities under national programs and projects, international organizations, and cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
Article 2. Applicability
1. Enterprises, agencies, units, organizations, cooperatives, households, individuals hiring or using labor (hereinafter referred to as the establishment).
2. Organizations engaged in occupational safety and health training services (hereinafter referred to as training service organizations) and other related organizations and individuals.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. Training service organizations are public institutions, enterprises, or other organizations established in accordance with the law and providing occupational safety and health training services.
2. is a full-time lecturer of the sending institution who meets the provisions set out in point e, Clause 1, Article 10 of Decree No. 99/2019/NĐ-CP dated December 30, 2019 of the Government detailing and guiding the implementation of certain articles of the Law Amending and Supplementing Certain Provisions of the Higher Education Law. are instructors within the staff or under a fixed-term employment contract of at least twelve months.
Chapter II
ORGANIZATION OF OCCUPATIONAL SAFETY AND HEALTH TRAINING
HYGIENE TRAINING
Article 4. Objectives of Occupational Safety and Health Training
The objectives of occupational safety and health training as prescribed in Articles 139 and 150 of the Labor Code are detailed into the following groups:
1. Group 1: Management personnel (excluding those兼任的情况除外,根据本条第2款b项的规定)包括:
a) Directors and deputy directors of enterprises; heads and deputies of branches directly affiliated to enterprises; administrative and human resources personnel; foremen or equivalent positions;
b) Heads and deputy heads of cooperatives; individual business owners; household owners employing labor under labor contracts;
c) Heads and deputies: state-owned public institutions; production, business, and service units under administrative and public institutions, political organizations, political-social organizations, social-professional organizations, units under the People's Army and Public Security, foreign and international organizations operating in Vietnam employing labor under labor contracts.
2. Group 2:
a) Full-time or part-time staff responsible for occupational safety and health in establishments;
b) Management personnel concurrently responsible for occupational safety and health.
3. Group 3:
Workers performing jobs with strict requirements for occupational safety and health as listed in the attached appendix (Appendix I) of this Circular.
4. Group 4:
Workers not belonging to the three aforementioned groups (including both Vietnamese workers and foreign workers employed in Vietnam, as well as trainees, apprentices, and probationers working for employers).
Article 5. Content of Training
1. Group 1 Training
Group 1 shall be trained in the following main general knowledge:
a) Policies and laws on occupational safety and labor hygiene;
b) Organization and implementation of regulations on occupational safety and labor hygiene at the workplace;
c) Hazardous factors in production and measures to mitigate and prevent them.
2. Training for Group 2
Group 2 Training shall include the following general knowledge:
a) General knowledge as for Group 1;
b) Professional knowledge on organizing and implementing occupational safety and labor hygiene work at the workplace;
c) Overview of types of machinery, equipment, and substances that generate hazardous factors; safe working procedures.
3. Training for Group 3
Group 3 Training shall include general knowledge and specialized knowledge as follows:
a) Policies and laws on occupational safety and labor hygiene;
b) Overview of work and equipment with strict requirements for occupational safety and labor hygiene;
c) Hazardous factors when performing work or operating equipment with strict requirements for occupational safety and labor hygiene;
d) Occupational safety and labor hygiene techniques when performing work or operating equipment with strict requirements for occupational safety and labor hygiene;
đ) Handling of production accidents and first aid for work-related injuries.
4. Group 4 Training
The content of Group 4 training includes the following two parts:
a) Part 1: General training on occupational safety and labor hygiene (concentrated training);
b) Part 2: Requirements for occupational safety and labor hygiene at the workplace.
Article 6. Duration and Training Materials
1. Duration of Training
The minimum duration of training for each group is specified as follows:
a) Groups 1 and 4: Total training time of at least 16 hours, including examination time;
b) Group 2: Total training time of at least 48 hours, including theoretical training, practical training, and examination time;
c) Group 3: Total training time of at least 30 hours, including examination time.
2. Training Materials
Training materials are compiled based on the training subjects, actual conditions, and the framework training program issued by the Ministry of Labor, Invalids, and Social Affairs.
Article 7. Standards for Trainers and Storage of Trainer Records
1. Standards for Trainers
a) General Knowledge Training
The trainer must have a bachelor's degree or higher and meet one of the following conditions:
- At least five years of experience in occupational safety and labor hygiene work at state management agencies, associations, mass organizations, research institutions;
- At least seven years of experience in occupational safety and labor hygiene work at public institutions, enterprises, and hold a Trainer Certificate issued by a service training organization with sufficient capacity selected by the Department of Occupational Safety and Health under the Ministry of Labor, Invalids, and Social Affairs.
b) Specialized Training
- Theoretical Trainer: Must have a bachelor's degree or higher relevant to the training field and meet one of the following conditions:
+ At least five years of experience in work related to occupational safety and labor hygiene at research institutions, associations, mass organizations, or in state management of occupational safety and labor hygiene;
+ At least five years of experience in work with strict requirements for occupational safety and labor hygiene at public institutions, enterprises, and hold a Trainer Certificate issued by a service training organization with sufficient capacity selected by the Department of Occupational Safety and Health under the Ministry of Labor, Invalids, and Social Affairs.
- Practical Training:
+ For Group 2 practical training: The practical trainer must have a college degree or higher relevant to the training field and be proficient in practical work with machinery, equipment, chemicals, and work applied according to the framework training program for Group 2 issued together with this Circular;
+ For Group 3 practical training: The trainer must have a diploma or higher relevant to the training field; at least five years of experience in work with strict requirements for occupational safety and labor hygiene, or work related to occupational safety and labor hygiene at the workplace relevant to the training work;
+ For Group 4 practical training: The trainer must have a technical diploma or higher or at least five years of practical work experience.
2. Storage of Trainer Records
Service training organizations and training bases must store copies of trainers' records including identification cards, professional certificates, and confirmation of the trainers' experience.
Article 8. Certification, Training Certificate
1. Recipients of Certification, Training Certificate
a) Group 1: After attending the training course, if they meet the requirements, they will be issued a Training Certification.
b) Groups 2 and 3: After attending the training course, if they meet the requirements, they will be issued a Training Certificate.
c) Group 4: The training results will be recorded in the training activity monitoring book at the facility.
2. Validity Period of Training Certification, Training Certificate; Renewal of Training Certification, Training Certificate
a) Validity Period of Training Certification, Training Certificate
- The Training Certification has a validity period of two years;
- The Training Certificate has a validity period of five years.
b) Renewal of Training Certification, Training Certificate
- The facility shall prepare a list of individuals holding a Training Certification within 60 days before its expiration date, along with a copy of the issued Training Certification to send to the Training Service Organization for periodic training. If the training results meet the requirements, a new Training Certification will be issued;
- The facility shall prepare a list of individuals holding a Training Certificate within 60 days before its expiration date, along with a copy of the issued Training Certificate to send to the Training Service Organization for renewal of the Training Certificate;
- Renewal will not be granted for cases where the Training Certification or Training Certificate has expired according to Clause 5 of this Article;
c) The Training Certification and Training Certificate shall be printed and issued by the Training Service Organization according to the model specified in this Circular (Model 1, 2 in Appendix II).
3. In case the Training Certification or Training Certificate is damaged or lost, the recipient must submit a written explanation confirmed by the facility to the Training Service Organization that issued it to obtain a replacement.
4. Management of Training Certification, Training Certificate, Monitoring Book of Training Activities
a) The Training Service Organization shall maintain a record book, assign numbers to Training Certifications and Training Certificates for trained recipients (Model 3 in Appendix II);
b) The facility organizing training shall maintain a Monitoring Book of Training Activities at the facility (Model 4 in Appendix II).
5. The Training Certification and Training Certificate become invalid in the following cases:
a) Expiration of the validity period stated on the Training Certification or Training Certificate;
b) The holder of the Training Certification or Training Certificate does not participate in refresher or periodic training as stipulated in Article 9 of this Circular.
Article 9. Training when changing jobs, refresher training, periodic training
1. Training when changing jobs
Individuals who have been trained, when transferring from one job to another or when there is a change in equipment or technology, must undergo safety and hygiene training relevant to their new job before being assigned tasks and be issued a new Training Certification or Training Certificate; for those in Group 4, the training results will be recorded in the Monitoring Book of Training Activities at the facility.
2. Refresher Training
When the facility ceases operations or employees take a break from work for six months or more, before resuming work, employees must undergo refresher training on the contents specified in Article 5 of this Circular as follows: Group 1 will undergo training on point c of Clause 1; Group 2 on points b and c of Clause 2; Group 3 on points c, d, đ of Clause 3; Group 4 on point b of Clause 4. The duration of refresher training is 50% of the initial training duration.
3. Periodic Training
a) Periodic Training for Group 1:
Every two years from the date the Training Certification becomes effective, individuals in Group 1 must attend periodic training sessions to renew their Training Certification at the Training Service Organization.
b) Periodic Training for Groups 2 and 3
Every two years from the date the Training Certificate becomes effective, individuals in Groups 2 and 3 must attend periodic training sessions at the Training Service Organization issuing the Training Certificate.
c) Periodic Training for Group 4
It shall be organized at least once a year.
4. Program and Duration of Periodic Training The periodic training program shall be applied similarly to initial training; the duration of periodic training is 50% of the initial training duration.
Chapter III
CHAPTER TRAINING PROGRAMME
Article 10. Construction of Training Programme
1. The training programme is a regulation on the structure of content, quantity, duration of each training section, the ratio of time between theory and practice, ensuring the objectives for each trained task.
2. The training programme is constructed appropriately for each group of trainees based on legal provisions; it must comply with national standards and regulations on occupational safety and health; and it must be suitable to practical conditions at the workplace.
3. The structure of the training programme includes a common training content section and a specific training content section; among which, the specific training content section is determined independently by the service training organization and the training organizing entity based on analysis and assessment of unique characteristics suitable to the industry, profession, and actual working conditions at the workplace.
Article 11. Duration of Practical Study in the Training Programme
1. One hour of study is sixty minutes.
2. Trainees must attend all theoretical and practical training sessions to be eligible for examination.
3. The time for theoretical and practical skill examinations is included in the minimum practical study duration of the training programme. The minimum theoretical examination time is sixty minutes, the maximum is one hundred twenty minutes; the practical examination time does not exceed one hundred eighty minutes.
Chapter IV
ORGANIZATION OF SERVICE TRAINING ACTIVITIES
LABOR SAFETY AND HEALTH
Article 12. Organization of Service Training Activities, Responsibility for Occupational Safety and Health Training
1. Service Training Organizations
a) Organizations meeting the conditions stipulated in Clause 1, Article 13 of this Circular are permitted to conduct training services and issue, renew Training Certificates for Group 1; and train Group 4;
b) Organizations meeting the conditions stipulated in Clause 2, Article 13 of this Circular are permitted to conduct training services and issue, renew Training Certificates for Groups 2 and 3; train and issue, renew Training Certificates for Group 1; and train Group 4.
2. The entity has the responsibility to organize training for workers in Group 4 through one of the following methods:
a) Self-organize training if they meet the lecturer conditions as prescribed in this Circular;
b) Through a service training organization.
Article 13. Material Conditions and Lecturer Team
1. A service training organization can issue a Training Certificate to participants in a training course if it meets the following conditions:
a) Legal office premises or a lease or joint venture agreement with another entity to have legal office premises valid for at least five years from the date of submitting the application for a Certificate of Eligibility for Service Training Operations;
b) An appropriate number of classrooms for theoretical training; each classroom must have an area of at least thirty square meters and ensure an average area of at least 1.3 square meters per student;
c) A training program and textbook developed according to the framework training program specified in Appendix III of this Circular;
d) At least five full-time lecturers teaching general knowledge on occupational safety and health.
2. A service training organization can issue a Training Certificate to participants in a training course if it meets the following conditions:
a) Meets the conditions for conducting service training operations as stipulated in Clause 1 of this Article;
b) The head and those responsible for accounting and training tasks. The head and the person responsible for training must have a bachelor's degree or higher;
c) Meets the conditions for specialized training and practical training, including:
- Having a sufficient number of machines, equipment, chemicals, workshops, practical areas to conduct practical training according to the framework training program issued together with this Circular or having a legal lease or joint venture agreement with another entity to have corresponding machines, equipment, chemicals, workshops, practical areas for the scale, target audience of training and valid for at least five years from the date of submitting the application for a Certificate of Eligibility for Service Training Operations; among which, the workshop area must be at least forty square meters and ensure an area of at least 1.5 square meters per student;
- Having a specialized training program and textbook developed according to the framework training program issued by the Ministry of Labor, Invalids, and Social Affairs;
- Having a sufficient number of lecturers for specialized theoretical and practical training corresponding to the scale of training; among which, there must be at least five full-time lecturers for specialized training and practical training.
Article 14. Documents and Procedures for Issuing the Certificate of Eligibility to Provide Occupational Safety and Health Training Services
1. Organizations wishing to provide occupational safety and health training services shall base on the conditions stipulated in Article 13, prepare one set of documents and submit them to the competent authority as prescribed in Article 17 of this Circular for assessment and issuance of the Certificate of Eligibility to Provide Occupational Safety and Health Training Services.
2. The application documents for the Certificate of Eligibility to Provide Occupational Safety and Health Training Services include:
a) Application form for the Certificate of Eligibility to Provide Occupational Safety and Health Training Services (Form 5, Appendix II);
b) Plan for organizing occupational safety and health training activities, detailing the scale of training; conditions and solutions for implementation;
c) Decision on establishment of the organization providing training services by the competent authority or business registration certificate (copy);
d) Decision on appointment or assignment of tasks to the head and organizational structure of the training organization (copy);
đ) Report on material facilities, management staff, and training instructor team (Form 6, Appendix II), accompanied by the following documents and materials:
- Copy of identification card, professional qualification certificates, and confirmation of experience of training instructors;
- Copy of various documents and papers regarding material facilities (with attached list and installation locations) meeting the requirements for organizing occupational safety and health training services; lease contracts or training collaboration agreements in cases where the training service organization rents or collaborates with other entities to ensure training equipment as specified in point c, Clause 2, Article 13 of this Circular;
- Occupational safety and health training program.
3. Within thirty days from the date of receiving complete and valid documents from the organization applying for the Certificate, the competent authority as prescribed in Article 17 of this Circular must conduct an assessment and issue the Certificate of Eligibility to Provide Training Services (Form 7, 8, Appendix II) or Training Certificate (Form 9, Appendix II). If not issued, the reasons must be notified in writing to the applicant organization.
Article 15. Validity Period of the Certificate and Issuance of New Certificate of Eligibility to Provide Training Services
1. The validity period of the Certificate of Eligibility to Provide Training Services is five years. Sixty days before the expiration of the Certificate, if the training service organization continues its operations, it must submit a written request to the competent authority as prescribed in Article 17 of this Circular for re-assessment. If the re-assessment meets the required standards, the training service organization will be issued a new Certificate. The validity period and procedures for re-assessment are the same as those for the initial assessment.
2. In case the Certificate is damaged or lost, the training service organization must submit an explanation letter to the issuing authority to obtain a replacement.
Article 16. Revocation of the Certificate of Eligibility to Provide Training Services
The Certificate of Eligibility to Provide Training Services will be revoked in the following cases:
1. Failure to meet the training conditions as stated in the application for the Certificate of Eligibility to Provide Training Services or conducting training without ensuring necessary conditions as stipulated in Article 13 of this Circular.
2. Failing to submit periodic reports as required by Clause 4, Article 21 of this Circular for two consecutive times.
3. Expiration of the suspension period for training activities as decided by the competent authority due to violations that have not been rectified, leading to suspension of activities.
4. Being administratively penalized three times for the same violation or three times within one year.
5. Conducting training activities during the suspension period decided by the competent authority.
6. Forgery or false declaration of documents in the application for issuance, replacement, supplementation, or modification of the Certificate.
7. Issuing Certificates or Training Certificates without conducting training.
8. Altering the content of the Certificate of Eligibility to Provide Training Services.
Article 17. Competence to Issue and Revoke the Certificate of Eligibility for Training Services
1. Competence of the Department of Labor Safety
a) To examine and issue the Certificate of Eligibility for Training Services that grants the Training Certificate to Organizations providing training services that meet the conditions stipulated in Clause 1, Article 13 of this Circular, established by ministries, sectors, central agencies, state-owned corporations, state-owned joint-stock companies, industrial park management boards, export processing zone management boards, economic zone management boards;
b) To examine and issue the Certificate of Eligibility for Training Services that grants the Training Certificate to Organizations providing training services that meet the conditions stipulated in Clause 2, Article 13 of this Circular;
c) To decide to revoke the Certificate of Eligibility for Training Services issued by the Department of Labor Safety if the Organization providing training services violates the provisions of Article 16 of this Circular.
2. Competence of the Departments of Labor, Invalids, and Social Affairs of provinces and centrally governed cities
a) To examine and issue the Certificate of Eligibility for Training Services that grants the Training Certificate to Organizations providing training services that meet the conditions stipulated in Clause 1, Article 13 of this Circular, established by provincial-level competent authorities;
b) To decide to revoke the Certificate of Eligibility for Training Services issued by the Department of Labor, Invalids, and Social Affairs if the Organization providing training services violates the provisions of Article 16 of this Circular.
3. Competent authorities as prescribed by law during the performance of their duties have the right to handle administrative violations, recommend the authority issuing the Certificate of Eligibility for Training Services to revoke the Certificate of Eligibility for Training Services or pursue criminal responsibility according to the law.
4. The Departments of Labor, Invalids, and Social Affairs of provinces and centrally governed cities and competent authorities as prescribed in Clause 3 of this Article shall notify the Department of Labor Safety in writing about the issuance, revocation of the Certificate of Eligibility for Training Services or decisions to suspend training activities within seven working days from the date of issuance, revocation of the Certificate of Eligibility or from the date of the decision to suspend training activities of the Organization providing training services.
Chapter V
IMPLEMENTATION
Article 18. Responsibilities of the Department of Labor Safety
1. To organize information dissemination, propaganda, and guidance on the implementation of this Circular through mass media at the central level; organize training and guidance for ministries, sectors, localities, and related organizations and associations.
2. To build a database and publish a list of Organizations providing training services that have been granted the Certificate of Eligibility for Training Services; a list of Organizations providing training services that have been suspended, had their Certificates revoked, or were subject to violation handling on the Department of Labor Safety's electronic information website, Ministry of Labor, Invalids, and Social Affairs at the address http:\\www.antoanlaodong.gov.vn.
3. To organize annual and spot inspections of Organizations providing training services nationwide.
4. To coordinate with the Inspectorate of the Ministry of Labor, Invalids, and Social Affairs and other competent authorities to resolve complaints and denunciations related to occupational safety and health training activities according to the law.
Article 19. Responsibilities of the Department of Labor, Invalids and Social Affairs
1. Organize information dissemination, propaganda, popularization, and guidance on this Circular to relevant sectors, levels, labor-using establishments, and organizations engaged in training services within their jurisdiction.
2. Organize inspections, checks, supervision, and resolution of complaints and denunciations related to occupational safety and health training work in accordance with the provisions of the law.
3. Review detailed training programs of establishments within ten days from the date of receiving the establishment's request for review. In case of disagreement, clearly state the reasons.
4. Annually, compile and report to the Ministry of Labor, Invalids and Social Affairs (through the General Directorate of Occupational Safety and Health) on the implementation of this Circular along with the occupational safety and health work report within their jurisdiction.
Article 20. Responsibilities of Organizations Engaged in Training Services
1. Organizations engaged in training services (including those established before the effective date of this Circular) shall prepare application files for certification of eligibility to engage in training services and submit them to the competent authority as prescribed in Article 17 of this Circular for review and issuance of the certificate.
2. Ensure material infrastructure, faculty, and management organization to ensure the quality of occupational safety and health training courses in accordance with the law.
3. Notify (by letter, fax, or email) about the program, time, and location of the training at least seven days prior to organizing the training to be subject to inspection and supervision of the training activities. Notifications shall be sent to the following agencies:
a) The General Directorate of Occupational Safety and Health, Ministry of Labor, Invalids and Social Affairs for training activities leading to issuance of Certificates.
b) The Department of Labor, Invalids and Social Affairs of the locality where the training takes place for training activities leading to issuance of Certificates of Qualification and Training Certificates.
4. Every six months, organizations engaged in training services must submit written reports on training results (Form 10, Appendix II) to the Ministry of Labor, Invalids and Social Affairs (through the General Directorate of Occupational Safety and Health) and the Department of Labor, Invalids and Social Affairs (where the main office is located and where training activities take place). The reporting deadline is July 10 (for the first half of the year) and January 10 of the following year (for the full year), simultaneously sending emails to the General Directorate of Occupational Safety and Health at [email protected].
5. When there is a change in the main office address or branch, organizations engaged in training services must notify in writing to the competent authority issuing the training service operation certificate at least seven working days before implementing the change in the main office or branch address.
6. When there is a need to change the target group of training, organizations engaged in training services must prepare application files to obtain additional certification. Upon ceasing training activities, organizations engaged in training services must notify the competent authority issuing the certificate of eligibility to engage in training services to recover the certificate.
7. Pay the costs incurred for the review and issuance of the certificate of eligibility to engage in training services, including:
a) Photography and printing of documents related to the review and issuance of the certificate;
b) Travel expenses and other costs as stipulated by the State for the review process;
c) Organizing meetings to approve the minutes of the review of conditions for engaging in training service activities at the organization;
d) The aforementioned costs shall be accounted for as regular operating expenses, production and business costs, and reasonable expenses when calculating and paying taxes according to current tax laws.
Article 21. Responsibilities of the establishment
1. Develop training plans and allocate time for all subjects under management to be adequately trained according to legal requirements.
2. Compile a list of jobs with strict safety and hygiene requirements and a corresponding list of workers performing such jobs.
3. Establish a detailed training program based on the framework training program for group 4 and actual conditions, submit it for review and approval by the Department of Labor, Invalids and Social Affairs. Based on the approved detailed training program, the establishment shall prepare training materials and organize training for workers.
4. Annually report to the Department of Labor, Invalids and Social Affairs on the implementation of labor safety and hygiene training along with the labor safety and hygiene work report in the area where the establishment's main office is located and the locality where workers are employed.
5. Fully pay wages and other benefits to subjects under management during their participation in training as prescribed by law.
6. Pay labor safety and hygiene training costs and include them in production expenses.
7. Retain training materials and results of labor safety and hygiene inspections and examinations for at least five years.
8. In cases where workers are employed through job contracts, subcontractors, or labor leasing, the employer (in the case of labor leasing, the employer of the leasing party) must be responsible for organizing labor safety and hygiene training for workers in accordance with this circular.
Chapter VI
IMPLEMENTING PROVISIONS
Article 22. Transitional provisions
1. Employers, occupational safety and health staff, and workers who have been trained according to Circular No. 37/2005/TT-BLDTBXH must undergo training in accordance with this circular upon expiration of the period specified in Circular No. 37/2005/TT-BLDTBXH.
2. Certificates of training and safety cards issued according to Circular No. 37/2005/TT-BLDTBXH and before Circular No. 41/2011/TT-BLDTBXH comes into effect will remain valid until their expiration date.
3. Within three months from the date this circular takes effect, existing training organizations must prepare sufficient facilities and trainers in accordance with this circular to be reviewed and granted a certificate of qualification for training service activities. After this period, any training organization that does not meet the necessary conditions stipulated in this circular will not be allowed to operate.
Article 23. Effectiveness of Implementation
1. This Circular takes effect from December 15, 2013.
2. Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005, guiding the work of labor safety and hygiene training by the Ministry of Labor, Invalids and Social Affairs, and Circular No. 41/2011/TT-BLDTBXH dated December 28, 2011, amending and supplementing certain provisions of Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005, guiding the work of labor safety and hygiene training by the Ministry of Labor, Invalids and Social Affairs, shall cease to be effective from the date this circular takes effect. During implementation, if there are difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Labor, Invalids and Social Affairs for research and resolution.
During implementation, if there are difficulties, agencies, organizations, and individuals are requested to report to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.
DEPUTY MINISTER
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