Circular No. 27/2021/TT-BLDTBXH provides detailed guidance on the content, program, and organization of vocational training and examination for occupational safety and health assessment, including exemptions from previously learned training content for occupational safety and health assessors; guidelines for calculating work accident frequency and some implementation measures.

CIRCULAR

Detailed guidance on the content, program, and organization of training and assessment for occupational safety and health inspection business, exemption and reduction of training contents already learned for occupational safety and health inspectors; guidance on calculating work accident frequency and some implementation measures.

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

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 58/2020/NĐ-CP dated May 27, 2020 of the Government detailing the level of compulsory social insurance contributions to the Work Injury Insurance Fund and Occupational Disease Insurance Fund;

At the proposal of the Director of the Occupational Safety and Health Inspectorate;

The Minister of Labor, Invalids and Social Affairs issues this Circular providing detailed guidance on the content, program, and organization of training and assessment for occupational safety and health inspection business, exemption and reduction of training contents already learned for occupational safety and health inspectors; guidance on calculating work accident frequency and some implementation measures.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on the content, program, and organization of training and assessment for occupational safety and health inspection business, exemption and reduction of training contents already learned for occupational safety and health inspectors; guidance on calculating work accident frequency and some implementation measures.

Article 2. Applicability

1. Employers as stipulated in Clause 3, Article 2 of the Law on Social Insurance.

2. Organizations conducting occupational safety and health inspections (hereinafter referred to as inspection organizations).

3. Occupational safety and health inspectors as stipulated in Clause 2, Article 7 of Decree No. 58/2020/NĐ-CP (hereinafter referred to as inspectors).

4. Agencies, organizations, and individuals related to the implementation of reporting on occupational safety and health activities and reducing work accident frequency.

Chapter II
TRAINING AND ASSESSMENT OF OCCUPATIONAL SAFETY AND HEALTH INSPECTION BUSINESS AND CALCULATION OF WORK ACCIDENT FREQUENCY

Article 3. Training for occupational safety and health inspection business

The participants in the training course for occupational safety and health inspection business are the in-house occupational safety and health trainers of inspection organizations who wish to become inspectors of an inspection organization.

Article 4. Content, program, and duration of training for occupational safety and health inspection business

1. Training content

a) Necessary skills to organize and implement activities to assess compliance with laws on occupational safety and health.

b) Procedures for organizing and implementing activities to assess occupational safety and health.

c) Implementation of assessment activities according to each provision of laws on occupational safety and health.

d) Compilation of data bases for analysis, assessment, and drafting reports on compliance with laws on occupational safety and health.

2. Detailed framework training program is issued in Appendix I attached hereto.

3. Duration of training for inspection business: The training period is 40 hours, excluding examination time.

4. Scale and form of organization of the training course

a) Scale of the training course: Not exceeding 40 persons/course.

b) Form of training: Centralized or online training.

Article 5. Principles, forms, content, and point structure of the assessment for occupational safety and health inspection business

1. Trainees are eligible to take the examination if they have participated in at least 80% of the training course for occupational safety and health inspection business according to the framework program stipulated in this Circular.

2. Forms and content of the examination for the training course for occupational safety and health inspection business

a) Theoretical examination: Trainees answer questions on paper in a multiple-choice format within 60 minutes.

b) Practical situation handling examination: Trainees draw lots and present one hypothetical situation during the inspection process before the examination board within a maximum of 20 minutes per trainee.

c) The total maximum score is 100 points, including a maximum of 60 points for theoretical examination and a maximum of 40 points for practical situation handling examination. The passing score is 70 points, with a minimum of 30 points for theoretical examination and a minimum of 20 points for practical situation handling.

4. Trainees participating in the training course for occupational safety and health inspection business may retake the theoretical and practical situation handling examinations twice if they fail to meet the requirements in the first attempt. If they still fail to meet the requirements in the second attempt, they must retake the initial training course.

Article 6. Exemption and reduction of training content

1. A person with a bachelor's degree or higher and at least 7 years of experience in inspection, supervision, policy and law development related to occupational safety and health in agencies directly responsible for such work, as stipulated by law, shall be exempted from all training content.

2. A person with a bachelor's degree or higher and at least 7 years of experience in inspection, supervision, policy and law development in other specialized fields shall have their training content reduced according to points a and b of Clause 1, Article 4 of this Circular.

Article 7. Occupational Safety and Health Assessment Examination Board

1. The Director of the Department of Labor Safety shall decide on the establishment of the Occupational Safety and Health Assessment Examination Board (hereinafter referred to as the Examination Board).

2. The Examination Board shall consist of a minimum of five members including representatives from the Department of Labor Safety, experts from relevant ministries and sectors, research institutes, and professional associations on occupational safety and health, among which the Chairman of the Examination Board shall be a leader of the Department of Labor Safety.

3. The Examination Board shall be responsible for organizing and implementing the assessment examination for the occupational safety and health assessment training course.

4. The Examination Board shall perform the following tasks:

a) Approving the list of trainees meeting the examination criteria as prescribed.

b) Developing and adjusting examination questions suitable for each occupational safety and health assessment training course.

c) Assigning members of the Board to participate in theoretical examinations and situation handling examinations.

d) Summarizing examination results and reporting to the Director of the Department of Labor Safety for approval of examination results. The format of the Examination Result Report is specified in Appendix II attached to this Circular.

đ) Collecting and summarizing opinions and recommendations from trainees and related organizations and individuals regarding the organization and implementation of the examination and proposing solutions to the Director of the Department of Labor Safety for consideration and resolution.

Article 8. Calculation of Work-Related Accident Frequency Rate

1. The work-related accident frequency rate serves as the basis for applying a lower contribution rate to the Work-Related Accident Insurance Fund and Occupational Disease Fund, calculated using the formula:

Where:

Ki is the work-related accident frequency rate of year i; Ni is the number of people involved in work-related accidents and the number of people who died due to work-related accidents and received work-related accident insurance benefits from the Work-Related Accident Insurance Fund and Occupational Disease Fund from January 1 to December 31 of year i;

Pi is the number of employees participating in mandatory social insurance from January 1 to December 31 of year i.

2. The average work-related accident frequency rate over the three consecutive years preceding the application year is calculated as follows:

Where:

- K_tb is the average work-related accident frequency rate of the three consecutive years preceding the application year;

- K₁ is the work-related accident frequency rate of the year immediately preceding the application year (first year);

- K₂ is the work-related accident frequency rate of the year immediately preceding the first year (second year);

- K₃ is the work-related accident frequency rate of the year immediately preceding the second year (third year).

Chapter III
IMPLEMENTATION

Article 9. Responsibilities of the Occupational Safety and Health Assessment Organization

In addition to the responsibilities of the assessment organization as stipulated in Decree No. 58/2020/NĐ-CP, the occupational safety and health assessment organization shall also bear the following responsibilities:

1. To notify the Department of Labor, Invalids and Social Affairs at the location where the assessment takes place through written form, fax, or email seven days prior to the start of the assessment.

2. To ensure accuracy during the assessment process.

3. To retain records of the occupational safety and health assessment.

Article 10. Responsibilities of the Occupational Safety and Health Inspection Department

1. Organize training, examination, and recognition of results for occupational safety and health assessment skills.

2. Announce the list of experts who have successfully completed the examination for occupational safety and health assessment work on the website of the Occupational Safety and Health Inspection Department, Ministry of Labor, Invalids and Social Affairs (http://antoanlaodong.gov.vn), including violations related to assessment activities, adjustments to contributions to the occupational accident insurance fund, and plans for organizing training and examinations for occupational safety and health assessment skills according to the model specified in Appendix III issued together with this Circular.

3. Study and apply information technology in professional training activities for occupational safety and health assessment skills.

Article 11. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Coordinate with relevant agencies to disseminate and guide enterprises within their jurisdiction to implement this Circular.

2. Report to the Ministry of Labor, Invalids and Social Affairs (through the Occupational Safety and Health Inspection Department) immediately after imposing penalties, suspending, confiscating, or revoking certificates of qualification for conducting occupational safety and health training and other actions related to occupational safety and health assessment activities.

Article 12. Effective Date

1. This Circular takes effect from March 1, 2022.

2. During the implementation of this Circular, if there are any difficulties, individuals and organizations are requested to report to the Ministry of Labor, Invalids and Social Affairs for research and resolution.

Appendix I

FRAMEWORK FOR TRAINING IN OCCUPATIONAL SAFETY AND HEALTH ASSESSMENT SKILLS

(Attached to Circular No. 27/2021/TT-BLĐTBXH dated December 28, 2021

Number of Training Hours

of the Minister of Labor, Invalids and Social Affairs)

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SAMPLE REPORT ON THE RESULTS OF THE TRAINING COURSE EXAMINATION

Seal Registration Certificate

EXAMINATION BOARD

(Attached to Circular No. 27/2021/TT-BLĐTBXH dated December 28, 2021

Number of Training Hours

of the Minister of Labor, Invalids and Social Affairs)

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REPORT

1. INFORMATION ABOUT THE TRAINING COURSE ON OCCUPATIONAL SAFETY AND HEALTH ASSESSMENT SKILLS

- Expected number of trainees, actual number of participants (with list).

- Date and location of the examination.

- Organization of the examination ...

- Other contents ...

2. EXAMINATION RESULTS

- Number of trainees eligible for examination ...; Number of trainees violating examination regulations: ...

- Number of trainees passing the examination: ...; Number of trainees failing: ...

Detailed examination results of trainees are attached to this report

3. OPINIONS AND RECOMMENDATIONS

CHAIRMAN OF THE EXAMINATION BOARD

LIST OF EXAMINEES AND EXAMINATION RESULTS                                                                                                                                                                                                                                                                                            
Name of the Assessment Organization

                                                                                                                                                (Sign and write full name)

Examination Result

ANNEX III

SAMPLE ANNOUNCEMENT OF THE LIST OF EXPERTS WHO HAVE MET THE REQUIREMENTS FOR SAFETY AND LABOR HYGIENE EVALUATION CERTIFICATION AND ORGANIZATIONS AND INDIVIDUALS IN VIOLATION IN THE ACTIVITY OF SAFETY AND LABOR HYGIENE EVALUATION ON THE ELECTRONIC INFORMATION PORTAL

Number of Training Hours

(Signed by the Minister of Labor, Invalids and Social Affairs)

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I. LIST OF EXPERTS WHO HAVE MET THE REQUIREMENTS FOR SAFETY AND LABOR HYGIENE EVALUATION CERTIFICATION

II. LIST OF ORGANIZATIONS AND INDIVIDUALS IN VIOLATION IN THE ACTIVITY OF SAFETY AND LABOR HYGIENE EVALUATION AND ADJUSTMENT OF CONTRIBUTIONS TO THE WORKERS' ACCIDENT INSURANCE AND OCCUPATIONAL DISEASE FUND