Decree No. 44/2016/NĐ-CP detailing certain provisions of the Labor Safety and Health Law regarding technical safety and health inspection activities, occupational safety and health training, and labor environment monitoring.

DECREE

DETAILING CERTAIN PROVISIONS OF THE LABOR SAFETY AND HYGIENE LAW ON TECHNICAL SAFETY INSPECTION ACTIVITIES, SAFETY TRAINING, LABOR HYGIENE TRAINING, AND ENVIRONMENTAL MONITORING IN THE WORKPLACE

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Pursuant to the Law on Government Organization dated June 19, 2015;

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

Decree No. 07/2021/NĐ-CP

The Government stipulates in detail certain provisions of the Labor Safety and Hygiene Law on technical safety inspection activities, safety training, labor hygiene training, and environmental monitoring in the workplace.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates in detail certain provisions of the Labor Safety and Hygiene Law on technical safety inspection activities; safety training, labor hygiene training, and environmental monitoring in the workplace.

Article 2. Applicability

1. Employers and workers as provided for in Article 2 of the Labor Safety and Hygiene Law.

2. Public institutions, enterprises, and other organizations and individuals related to technical safety inspection activities; safety training, labor hygiene training, and environmental monitoring in the workplace.

Article 3. Explanation of Terms

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

1. The objects of inspection are machines, equipment, and materials with strict requirements for labor safety included in the List issued by the Ministry of Labor, Invalids, and Social Affairs.

2. In-house trainers are those who conduct safety and labor hygiene training under contracts with a term of at least 12 months or without a fixed term.

3. A training group is a group of trainees sharing common characteristics regarding their work, safety, and labor hygiene requirements and classified according to this Decree.

Chapter II

TECHNICAL SAFETY INSPECTION ACTIVITIES

1. An organization that is a public institution or enterprise eligible to be issued a Certificate of Eligibility for Technical Safety Inspection Activities must meet the following conditions:

a) Established in accordance with the law and permitted to provide technical safety inspection services.

b) Ensuring equipment and tools for inspections for each object within the scope of inspection, in accordance with the inspection procedures and national technical standards on safety and labor hygiene.

c) Having sufficient technical documentation for each object within the scope of inspection according to the inspection procedures.

d) Having at least two inspectors working under contracts of at least 12 months within the organization to perform inspections for each object within the scope of the application for the Certificate of Eligibility for Technical Safety Inspection Activities.

đ) The technical supervisor of the inspection activities of the organization must have graduated from a university in a technical field and directly conducted technical safety inspection activities for at least three years.

2. The equipment, documents, and personnel mentioned in points b, c, d, and đ Clause 1 of this Article can only be used as conditions for applying for a Certificate of Eligibility for Technical Safety Inspection Activities for one organization.

Article 5. Documents and Procedures for Issuing, Renewing, and Reissuing the Certificate of Eligibility for Technical Safety Inspection Activities

Point a) Application form for the Certificate;

b) A copy of the business registration certificate for enterprises or establishment decision for public institutions;

c) A list of equipment and tools for inspection;

d) A list of technical documents;

đ) Documentation about inspectors including:

- A copy of the Inspector Certificate;

- A copy of the employment contract or labor contract.

e) Documentation about the technical supervisor of inspection activities including:

- A copy of the bachelor's degree;

- Documentation proving inspection experience.

2. The documents for renewing the Certificate of Eligibility for Technical Safety Inspection Activities include:

a) Application for renewal of the Certificate;

b) The previously issued Certificate;

3. The documents for reissuing the Certificate of Eligibility for Technical Safety Inspection Activities are as follows:

a) For cases of supplementing or amending the Certificate, the documents include:

- Application for supplementing or amending the Certificate;

- The previously issued Certificate;

- Documentation proving changes in the eligibility criteria for the Certificate.

b) For lost or damaged Certificates, the documents include:

- Application for reissuing the Certificate;

- The previously issued Certificate in case of damage.

4. The forms of the documents in Clauses 1, 2, and 3 of this Article are prescribed in Appendix Ia attached to this Decree.

5. The procedures for issuing, renewing, and reissuing the Certificate of Eligibility for Technical Safety Inspection Activities are as follows:

a) Organizations wishing to apply for, renew, or reissue the Certificate shall submit one set of application documents to the competent authority as stipulated in Clause 1 of Article 6 of this Decree; pay the review fee as prescribed by the Ministry of Finance.

For renewal cases, at least 30 days before the expiration date stated in the Certificate, the organization shall submit the documents to the competent authority as stipulated in Clause 1 of Article 6 of this Decree.

b) Within 30 days from the date of receipt of complete documents, the competent authority shall be responsible for reviewing and issuing, renewing, or reissuing the Certificate; if the Certificate is not issued, renewed, or reissued, a written response with reasons must be provided.

Article 6. Competence to issue, extend, reissue, and revoke the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities

1. The competence to issue, extend, reissue, and revoke the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities is stipulated in Appendix Ib attached to this Decree.

2. The model of the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities is prescribed in Appendix la attached to this Decree.

Article 7. Validity Period of the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities

1. Five years for newly issued or extended certificates.

2. In cases of reissuance, it is the remaining period of the previously issued certificate.

The Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities shall be revoked in any of the following circumstances:

1. Expiration of the suspension period for inspection activities without remedying the causes of suspension.

2. Conducting inspection activities during the suspension period.

3. Forgery or false declaration of documents in the application dossier for issuance, extension, or reissuance of the certificate.

Article 9. Inspector Qualification Standards

1. Hold a bachelor's degree or higher in a relevant technical field corresponding to the inspection object.

3. Have at least two years of experience in technical inspection work or in design, production, installation, repair, operation, and maintenance related to the inspection object.

4. Have completed training courses and passed examinations on occupational safety and health technical inspection skills corresponding to the inspection object or have more than ten years of practical inspection experience in the inspection object as of the effective date of this Decree.

Article 10. Inspector Certification

1. The Inspector Certification is issued to individuals who meet the inspector standards as prescribed in Article 9 of this Decree.

2. The Inspector Certification may be reissued by the competent authority in the following cases:

a) Supplementing or amending the content of the Inspector Certification;

b) The Inspector Certification has expired;

c) The Inspector Certification is lost or damaged;

d) Reissuing after the Inspector Certification has been revoked. The Inspector Certification can only be reconsidered for reissuance at least six months after the revocation date.

3. The competent authority issuing the Inspector Certification is the specialized agency under the ministries authorized to issue the Certificate of Eligibility for Occupational Safety and Health Technical Inspection Activities as stipulated in Appendix Ib attached to this Decree; the issuance of the Inspector Certification is carried out according to the inspection objects within the management scope of each ministry.

Article 11. Application Dossier for Inspector Certification

1. Application form for Inspector Certification;

2. Certified copy of the bachelor's degree diploma of the applicant for certification or presentation of the original for verification;

3. Documents proving compliance with the standards specified in Clause 3 and Clause 4 of Article 9 of this Decree;

6. Two color photographs measuring 3x4 cm of the applicant for certification taken within six months from the application date.

Article 12. Documents for Reissuing the Inspection Certificate

1. In cases of supplementing or amending the content of the inspection certificate, the documents shall include:

a) Application for reissuing the inspection certificate;

b) Original of the previously issued certificate;

c) Documentation proving the suitability of the supplementary or amended requirements;

d) Two color photographs measuring 3x4 cm of the applicant taken within six months from the date of application.

2. Documents for reissuing the inspection certificate upon expiration shall include:

a) Application for reissuing the inspection certificate;

b) Original of the previously issued certificate;

c) Examination results prior to reissuance;

3. In cases where the inspection certificate is damaged or lost, the documents shall include:

a) Application for reissuing the inspection certificate;

c) Two color photographs measuring 3x4 cm of the applicant taken within six months from the date of application.

4. Documents for reissuing the inspection certificate that has been revoked shall include:

a) Application for reissuing the inspection certificate;

b) Report on the implementation of requirements and recommendations of the competent authority regarding the rectification of violations;

c) Documentation proving completion of training courses and examinations meeting the requirements for technical safety labor inspection with respect to the inspected entity after the effective date of the decision revoking the certificate, as stipulated in points c and d of Clause 2, Article 14 of this Decree;

d) Two color photographs measuring 3x4 cm of the applicant taken within six months from the date of application.

5. The format of the documents specified in Article 11, Clauses 1, 2, 3, and 4 of this Article is prescribed in Appendix Ic attached to this Decree.

Article 13. Procedures for Issuing, Reissuing, and Validity Period of the Inspection Certificate

2. Within five working days from the date of receipt of complete documents as prescribed, the competent authority shall be responsible for issuing the inspection certificate to the inspector; if not issuing or reissuing, it must provide a written response stating the reasons.

3. The format of the inspection certificate is prescribed in Appendix Ic attached to this Decree.

4. The validity period of the inspection certificate is five years.

Article 14. Management and Use of the Inspection Certificate

1. Inspectors are responsible for presenting the inspection certificate upon request of state authorities and organizations or individuals requesting inspection; they can only inspect objects within the scope recorded on the inspection certificate.

2. The inspection certificate will be revoked in the following cases:

a) Forgery or false declaration of documents in the application for issuance or reissuance of the inspection certificate;

b) Unauthorized alteration or correction of the content of the certificate;

c) Not working at any inspection organization for twelve months or more;

d) Conducting inspections outside the scope recorded on the inspection certificate;

đ) Performing inspections not in accordance with the inspection procedures.

3. The competent authority issuing the certificate is the authority issuing the decision to revoke the inspection certificate.

Article 15. Responsibilities of Technical Safety and Health Inspection Organizations

1. Publish the inspection report with the organizations and individuals using machinery, equipment, and materials with strict safety requirements. Affix inspection labels or display inspection information on the inspected objects and issue to the organizations and individuals using the inspected objects a Certificate of Inspection Results (one copy) at the latest five working days from the date of publishing the inspection report if the inspection results meet the requirements.

2. In cases where the inspected object does not meet the requirements and there is a risk of accidents, do not issue a Certificate of Inspection Results and notify the relevant entity to take corrective measures.

4. Ensure independence and objectivity in providing inspection services.

5. Send inspectors to attend training courses on technical safety and health inspection activities.

7. Do not provide inspection services during suspension or revocation of the Certificate of Qualification for Technical Safety and Health Inspection Activities; do not use inspectors whose certificates have been revoked to conduct inspections.

8. The model of the Certificate of Inspection Results; the model of the inspection label; the model of the report on the inspection activity are specified in Appendix Id issued together with this Decree.

Article 16. Responsibilities of Organizations and Individuals Using Machinery, Equipment, and Materials with Strict Safety Requirements

1. Select an organization conducting technical safety and health inspection activities to inspect before putting into use or periodically during the use of machinery, equipment, and materials with strict safety requirements; only put into use machinery, equipment, and materials with strict safety requirements that pass the inspection.

3. Retain technical safety files of the inspected objects according to national technical standards on safety and hygiene. In case of transferring (or leasing again) inspected objects, the seller (or lessor) must hand over all technical safety files completely to the buyer (or lessee).

4. Facilitate the inspection organization to carry out inspections, prepare all related technical documents for the inspected objects to provide to the inspectors and appoint representatives to witness the inspection process.

5. Implement recommendations of the inspection organization regarding ensuring safety during the use of inspected objects. Do not continue to use inspected objects with non-compliant inspection results or beyond their inspection validity period.

6. Manage, use, and dispose of inspected objects in accordance with national technical standards on safety and hygiene and the manufacturer's instructions.

7. The model of the notification letter for using machinery, equipment, and materials with strict safety requirements is specified in Appendix Iđ issued together with this Decree.

Chapter III

SAFETY AND HYGIENE TRAINING ACTIVITIES

Section 1

OBJECTS, CONTENT, AND GENERAL REQUIREMENTS IN TRAINING ACTIVITIES

The subjects specified in Article 14 of the Occupational Safety and Health Law are categorized into the following groups:

1. Group 1: Persons responsible for occupational safety and health work including:

a) Heads of units, production and business establishments, departments, branches directly under them; persons in charge of production, business, technical departments; foremen or equivalent positions;

b) Deputies of the heads referred to in point a Clause 1 of this Article who are assigned the responsibility to oversee occupational safety and health work.

2. Group 2: Persons engaged in occupational safety and health work including:

a) Full-time and part-time specialists in occupational safety and health at the establishment;

b) Persons directly supervising occupational safety and health at the workplace.

3. Group 3: Workers performing jobs with strict requirements for occupational safety and health, which are jobs listed in the Catalogue of Jobs with Strict Requirements for Occupational Safety and Health issued by the Ministry of Labor, War Invalids and Social Affairs.

4. Group 4: Workers not belonging to the groups specified in Clauses 1, 2, 3, and 5 of this Article, including trainees, apprentices, and probationers working for employers.

5. Group 5: Persons engaged in medical work.

6. Group 6: Occupational safety and health officers as prescribed in Article 74 of the Occupational Safety and Health Law.

Article 18. Contents of occupational safety and health training

1. Training for Group 1

a) System of policies and laws on occupational safety and health;

b) Professional knowledge on occupational safety and health work including: Organizational structure, management, and implementation of regulations on occupational safety and health at the establishment; delineation of responsibilities and delegation of authority regarding occupational safety and health work; basic knowledge about hazardous factors, preventive measures, and improvement of working conditions; safe production and business culture; basic knowledge about hazardous factors, preventive measures, and improvement of working conditions; cultural aspects of safe production and business.

2. Training for Group 2

a) System of policies and laws on occupational safety and health;

b) Professional knowledge on occupational safety and health work: Organizational structure, management, and implementation of regulations on occupational safety and health at the establishment; development of internal rules, regulations, procedures, and measures to ensure occupational safety and health; delineation of responsibilities and delegation of authority regarding occupational safety and health work; safe production and business culture; basic knowledge about hazardous factors, preventive measures, and improvement of working conditions; development and supervision of the implementation of annual occupational safety and health plans; risk analysis and emergency response plan development; establishment of occupational safety and health management systems; self-inspection work; investigation of labor accidents; requirements for inspection, training, and environmental monitoring; management of machines, equipment, materials, and substances with strict requirements for occupational safety and health; information dissemination, promotion, and training on occupational safety and health; first aid for labor accidents, prevention of occupational diseases for workers; work on commendation, discipline, statistics, and reporting on occupational safety and health work;

c) Specialized training content: Comprehensive knowledge about machines, equipment, materials, and substances generating hazardous factors; safe working procedures with machines, equipment, materials, and substances with strict requirements for occupational safety and health.

3. Training for Group 3

a) System of policies and laws on occupational safety and health;

b) Basic knowledge on occupational safety and health: Policies and benefits for workers' occupational safety and health; basic knowledge about hazardous factors at the workplace and methods to improve working conditions; functions and tasks of the occupational safety and health officer network; safe production and business culture; internal rules on occupational safety and health, safety signs, and instructions; usage of safety equipment and personal protective equipment; first aid skills for labor accidents and prevention of occupational diseases;

c) Specialized training content: Comprehensive knowledge about machines, equipment, materials, and substances generating hazardous factors and methods to analyze, assess, and manage risks related to jobs with strict requirements for occupational safety and health that the trained person is performing; safe working procedures; occupational safety and health techniques related to the worker's job.

4. Training for Group 4

a) Basic knowledge on occupational safety and health: Rights and obligations of employers and workers; policies and benefits for workers' occupational safety and health; basic knowledge about hazardous factors at the workplace and methods to improve working conditions; functions and tasks of the occupational safety and health officer network; safe production and business culture; internal rules on occupational safety and health, safety signs, and instructions; usage of safety equipment and personal protective equipment; first aid skills for labor accidents and prevention of occupational diseases.

b) On-the-job training: Working procedures and specific requirements for occupational safety and health at the workplace.

5. Training for Group 5:

a) System of policies and laws on occupational safety and health;

b) Professional knowledge on occupational safety and health work including: Organizational structure, management, and implementation of regulations on occupational safety and health at the establishment; delineation of responsibilities and delegation of authority regarding occupational safety and health work; basic knowledge about hazardous factors, preventive measures, and improvement of working conditions; safe production and business culture;

6. Group 6:

Workers participating in the occupational safety and hygiene network, in addition to the training on occupational safety and hygiene as prescribed, also receive supplementary training on the skills and methods of occupational safety and hygiene officers.

Article 19. Duration of Training

The minimum duration of initial training is specified as follows:

1. Groups 1 and 4: Total training time must be at least 16 hours, including examination time.

2. Group 2: Total training time must be at least 48 hours, including theoretical training, practical training, and examination time.

3. Group 3: Total training time must be at least 24 hours, including examination time.

5. Group 6: Additional training time must be at least 4 hours outside the content already covered in occupational safety and hygiene training.

Article 20. Framework Program and Training Materials

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with relevant ministries and sectors to issue detailed framework programs for specialized and specific training according to the framework program stipulated in Appendix IV attached to this Decree.

2. Training organizations and enterprises conducting their own training shall base their programs and materials on the framework program, developing them in accordance with their characteristics, conditions, and actual training requirements.

Article 21. Continuous Training, Updating Knowledge and Skills on Occupational Safety and Hygiene and Regular Training

1. Updating knowledge and skills on occupational safety and hygiene according to Clause 1, Article 14 of the Labor Safety and Hygiene Law

At least once every two years from the date the Training Certificate or Safety Card becomes effective, those who have been trained must attend a refresher course to review previously learned knowledge and update new knowledge and skills on occupational safety and hygiene. The training duration must be at least 50% of the initial training duration. Medical personnel must update their knowledge according to Point c, Clause 3, Article 73 of the Labor Safety and Hygiene Law.

2. Regular training according to Clause 4, Article 14 of the Labor Safety and Hygiene Law

Workers in Group 4 must undergo regular training at least once a year to review previously learned knowledge and update new knowledge and skills on occupational safety and hygiene. The regular training duration must be 50% of the initial training duration.

3. Training when there is a change in work; change in equipment or technology; and training after a period of leave

a) Change in work or change in equipment or technology: Before assigning new work, training on occupational safety and hygiene appropriate to the new work or equipment/technology must be conducted.

If the individual has already received training within 12 months of changing jobs or due to changes in equipment or technology, the previously covered training content will be exempted.

b) Returning to work after a period of leave

When a business ceases operations or a worker takes leave for six months or more, before returning to work, the worker must undergo retraining similar to initial training. The retraining duration must be 50% of the initial training duration.

Section 2

OCCUPATIONAL SAFETY AND HYGIENE TRAINERS

Safety and labor hygiene trainers (hereinafter referred to as trainers) must meet the following standards:

1. Training on the system of safety and labor hygiene laws

A trainer for the system of safety and labor hygiene laws must have a bachelor's degree or higher and at least five years of experience in policy development, lawmaking, management, inspection, and supervision related to safety and labor hygiene in agencies with direct responsibilities for such work.

2. Training on practical skills and basic knowledge in safety and labor hygiene

A trainer for practical skills and basic knowledge in safety and labor hygiene must have a bachelor's degree or higher in engineering and meet one of the following criteria:

a) At least five years of experience in policy development, lawmaking, management, inspection, and supervision related to safety and labor hygiene in agencies with direct responsibilities for such work;

b) At least seven years of experience in safety and labor hygiene work in public institutions or enterprises and must participate in specialized training courses and training on training techniques.

3. Specialized theoretical training

A specialized theoretical trainer must have a bachelor's degree or higher relevant to the training field and meet one of the following criteria:

a) At least five years of experience in policy development, lawmaking, management, inspection, and supervision related to safety and labor hygiene in agencies with direct responsibilities for such work;

b) At least five years of experience in work requiring strict safety and labor hygiene standards and participation in specialized training courses and training on training techniques.

4. Practical training:

a) Group 2 practical training: The trainer must have a college degree or higher relevant to the training field, be proficient in practical work with machinery, equipment, chemicals, and tasks included in the training framework program;

b) Group 3 practical training: The trainer must have a secondary technical school degree or higher relevant to the training field; at least five years of experience in work requiring strict safety and labor hygiene standards, or work related to safety and labor hygiene at a facility suitable for the training work;

c) Group 4 practical training: The trainer must have a secondary technical school degree or higher relevant to the training field or have at least five years of practical work experience;

d) First aid and emergency response training for workplace accidents: The trainer must have a college degree or higher in a medical field and at least three years of direct experience in first aid and emergency response work, or be a doctor;

đ) Practical training trainers must meet the standards specified in points a, b, and c of this Clause, and must also participate in training courses on safety and labor hygiene training techniques or have at least five years of experience in policy development, lawmaking, management, inspection, and supervision related to safety and labor hygiene in agencies with direct responsibilities for such work.

5. Training on specialized medical knowledge in occupational health

The trainer must have a doctor's degree or higher and meet one of the following criteria:

a) At least five years of experience in policy development, lawmaking, management, inspection, and supervision related to safety and labor hygiene in agencies with direct responsibilities for such work;

b) At least five years of experience in fields related to occupational diseases, labor hygiene, first aid, nutrition, disease prevention, food safety and hygiene.

6. Every two years, trainers must attend at least one refresher course on updating knowledge, information, policies, laws, science, and technology related to safety and labor hygiene; except for trainers specializing in labor hygiene, occupational health, first aid, emergency response for workplace accidents, and occupational diseases.

Article 23. Determination of Time Spent Working or Time Spent on Occupational Safety and Health Training

1. Agencies, public service units, enterprises, and other organizations shall be responsible for confirming the time that workers have spent working or participating in occupational safety and health training at their own units.

2. The Ministry of Labor, Invalids, and Social Affairs shall provide detailed regulations on Clause 1 of this Article.

TRAINING CERTIFICATE, SAFETY CARD, AND CERTIFICATE

SPECIALIZATION CERTIFICATE IN OCCUPATIONAL HEALTH

1. Issuance of Training Certificate

a) Training organizations and enterprises meeting the conditions to conduct self-training shall issue a Training Certificate to trainees belonging to Groups 1, 2, 5, and 6 after they pass the examination and assessment with satisfactory results;

b) The Training Certificate shall follow Model No. 08 of Appendix II issued together with this Decree.

2. Issuance of Safety Card

a) Employers shall issue a Safety Card to trainees belonging to Group 3 after they pass the examination with satisfactory results. Training organizations shall issue a Safety Card to workers who work without a labor contract;

b) The Safety Card shall follow Model No. 06 of Appendix II issued together with this Decree.

a) Training organizations; enterprises conducting self-training; healthcare facilities including vocational education institutions teaching occupational health, other educational institutions offering training programs under the health sciences category, central-level research institutes within the preventive healthcare system, and healthcare workforce training centers shall issue a Specialization Certificate in Occupational Health to trainees who have completed specialized occupational health training content after passing the examination with satisfactory results;

b) The Specialization Certificate in Occupational Health shall follow Model No. 07 of Appendix II issued together with this Decree.

4. Record of Individuals Belonging to Group 4 Who Have Received Training

a) Employers shall record the training results of trainees belonging to Group 4 in the Training Work Record Book at production and business establishments;

b) The Training Work Record Book shall follow Model No. 11 of Appendix II issued together with this Decree.

5. Training organizations, enterprises meeting the conditions to conduct self-training, and production and business establishments shall maintain records for issuing Training Certificates, Safety Cards, Specialization Certificates in Occupational Health, and Records of Individuals Belonging to Group 4 Who Have Received Training according to Models No. 09, 10, and 11 of Appendix II issued together with this Decree.

1. The Training Certificate and Safety Card have a validity period of two years. The Specialization Certificate in Occupational Health has a validity period of five years.

2. Within thirty days before the expiration of the Training Certificate, Safety Card, or Specialization Certificate in Occupational Health, employers shall prepare a list of individuals who have been issued these certificates along with their training results or documentation proving the updating of knowledge and skills in occupational safety and health as stipulated in Clause 1 of Article 21 of this Decree and send it to the training organization, healthcare facility, or enterprise conducting self-training as stipulated in Articles 26 and 29 of this Decree. If the training results meet the requirements, new Training Certificates, Safety Cards, or Specialization Certificates in Occupational Health shall be issued according to this Decree.

Section 4

TRAINING ORGANIZATIONS, ENTERPRISES

SELF-TRAINING ON OCCUPATIONAL SAFETY AND HEALTH

1. Training organizations are classified based on the characteristics and complexity of the training subjects as follows:

a) Category A trains groups 1, 4, and 6;

b) Category B trains groups 1, 3, 4, and 6;

c) Category C trains groups 1, 2, 3, 4, and 6;

2. An organization eligible to be issued a Certificate of Eligibility to Operate Category A must meet the following conditions:

a) Possessing or having a lease or collaboration agreement to have a legal headquarters as prescribed by law;

b) Possessing or having a lease or collaboration agreement to have at least:

- Two theoretical classrooms, each with a minimum area of 30 square meters;

- One practical classroom equipped with basic equipment to serve first aid and emergency response training for workplace accidents.

c) Having at least five full-time trainers to teach legal and vocational content, including one trainer specializing in first aid and emergency response for workplace accidents;

d) Having a training program and materials suitable for the training subjects and developed according to the framework training program stipulated in this Decree;

đ) The person responsible for training must hold a bachelor's degree or higher.

3. An organization eligible to be issued a Certificate of Eligibility to Operate Category B must meet the following conditions:

a) Meeting the conditions specified in Clause 2 of this Article;

b) Possessing or having a lease or collaboration agreement to have machines, equipment, chemicals, workshops, practice areas ensuring safety and hygiene requirements appropriate to the registered training profession; among which, the workshop practice area has a minimum area of 40 square meters, the practice training area has a minimum area of 300 square meters.²c) Having at least five full-time trainers to teach specialized content and practice, including at least three trainers specializing in the registered training profession and one trainer specializing in first aid and emergency response for workplace accidents.²;

4. An organization eligible to be issued a Certificate of Eligibility to Operate Category C must meet the following conditions:

a) Meeting the conditions specified in Clause 3 of this Article;

b) Having minimum equipment to serve basic specialized practice training including lifting equipment, pressure-bearing equipment, confined space work equipment, high-altitude work equipment, mechanical processing equipment, welding and metal cutting equipment, electrical safety practice equipment, chemical safety practice equipment. Machines, equipment, materials, chemicals, and training practice locations must comply with safety and hygiene requirements as prescribed by law; the training practice area must ensure a minimum area of 500 square meters.

5. Training organizations and enterprises conducting self-training may train group 5 when meeting the operational conditions of Categories A, B, or C as stipulated in Clauses 2, 3, and 4 of this Article and also meeting the following additional conditions:².

a) At least five trainers holding a doctor's degree or higher and having at least five years of experience in fields related to occupational diseases, workplace hygiene, first aid, emergency response, nutrition, epidemic prevention, food safety;

b) Adequate equipment and facilities to serve theoretical and practical training according to the curriculum; having practical equipment related to nutrition, food safety sample testing, first aid, and emergency response;

c) Having training materials on occupational health, first aid, and emergency response as prescribed by the Minister of Health.

6. Medical facilities as specified in point a, Clause 3, Article 24 of this Decree must meet the conditions stipulated in points a, b, and c, Clause 5 of this Article to provide occupational health training; medical facilities at district level or higher can provide first aid and emergency response training for workers.

7. Lease or collaboration agreements stipulated in this Article must have a term of at least five years from the date of application for issuance of the Certificate of Eligibility to Operate and must be registered for tax payment with the tax authority.

8. Material resources and human resources as stipulated in Clauses 2, 3, 4, and 5 of this Article can only be used as conditions for applying for a Certificate of Eligibility to Operate occupational safety and health training for one organization.

8. The material resources and human resources as prescribed in Clauses 2, 3, 4, and 5 of this Article shall only be used as conditions for proposing the issuance of a Certificate of Eligibility for Conducting Occupational Safety and Health Training to one organization.

1. The Ministry of Labor - Invalids and Social Affairs and Provincial Departments of Labor - Invalids and Social Affairs have the competence to issue, reissue, extend, and withdraw the Certificate of Eligibility for Training Operations of Training Organizations.

2. The Ministry of Labor - Invalids and Social Affairs has the competence to issue, reissue, extend, and withdraw the Certificate of Eligibility for Training Operations for the following training organizations:

a) Training organizations established by central ministries, agencies, state corporations, and state holding companies under central ministries and agencies;

b) Training organizations of Class B and C;

c) Training organizations in Group 5 as stipulated in Clause 5, Article 26 of this Decree.

3. Provincial Departments of Labor - Invalids and Social Affairs have the competence to issue, reissue, extend, and withdraw the Certificate of Eligibility for Training Operations for Training Organizations of Class A established by competent authorities at the provincial or centrally-administered city level; enterprises and public institutions managed by localities.

1. The documents for issuing a new Certificate of Eligibility include:

a) An application for issuance of the Certificate of Eligibility according to Model No. 01 attached as Appendix II to this Decree;

b) A description of the scale of training and conditions, solutions for implementation according to Model No. 02 attached as Appendix II to this Decree;

c) A copy of the Decision on Establishment or Investment Certificate or Investment Certificate concurrently serving as Business Registration Certificate for enterprises established before July 1, 2015;

d) A copy of the decision appointing or assigning the head or person responsible for training work;

đ) A list of facilities; a list of managers and trainers accompanied by the following documents and materials:

- A certified copy of the documents proving the eligibility of trainers;

- A certified copy of the documents related to facilities including decisions on allocation of facilities by competent authorities, contracts, invoices for purchase, transfer, gift, sale, lease, and joint training agreements in cases where the Training Organization leases or collaborates with other facilities to ensure conditions for training equipment as stipulated in Article 26 of this Decree;

- Detailed training programs and training materials on occupational safety and health.

2. The documents for reissuing the Certificate of Eligibility include:

a) In case the Certificate is damaged or lost:

- A statement explaining the reason for requesting a reissue;

- A copy of the previously issued Certificate (if available).

b) In case there is a modification or supplementation of the scope of activities:

- A request for modification or supplementation of the scope of activities;

- The previously issued Certificate;

- Documents and materials proving the capacity of trainers, training programs, and facilities corresponding to the content of the proposed scope of activities.

3. The documents for extending the Certificate of Eligibility include:

- A request for extension of the Certificate of Eligibility;

- Documents and materials specified in Points c, d, and đ of Clause 1 of this Article.

4. Procedure for Issuing, Reissuing, and Extending the Certificate of Eligibility

a) Training organizations that need to issue, reissue, or extend the Certificate of Eligibility shall prepare one set of documents and submit them to the competent authority as stipulated in Article 27 of this Decree for assessment and issuance of the Certificate of Eligibility; they must pay the assessment fee as prescribed by the Ministry of Finance.

For applications for extension, Training Organizations must send the documents to the competent authority at least 30 days before the expiration date stated in the Certificate.

b) Within 30 days from the date of receiving complete and valid documents, the competent authority must conduct an assessment and issue the Certificate of Eligibility. If it does not issue the Certificate, it must notify the organization in writing and specify the reasons.

5. Procedure for Announcing Medical Facilities with Eligibility to Issue Health Certificates

a) Before conducting training to issue health certificates, the head of the medical facility sends a request to the Ministry of Health (for organizations under the management of ministries and sectors) or the Department of Health (for organizations under the management of provinces and centrally-administered cities) where the organization's main office is located;

The request includes documents similar to those specified in Clause 1 of this Article.

b) Within 30 days from the date of receiving complete documents, the Ministry of Health or the Department of Health will announce the eligibility to issue health certificates on their respective electronic portals. If the conditions are not met, they will respond in writing and specify the reasons.

Article 29. Enterprises self-training on occupational safety and health

1. Employers shall be responsible for organizing training and shall bear responsibility for the quality of training for Group 4 workers in accordance with one of the following forms:

a) Organizing training themselves if they ensure the conditions for trainers as prescribed in this Decree;

b) Hiring a training organization.

a) An enterprise wishing to self-train on occupational safety and health shall prepare one set of documents proving its eligibility to operate as a training organization, except for the conditions specified in point a Clause 2 Article 26 of this Decree, and submit them to the competent authority as prescribed in Article 27 of this Decree.

b) Within thirty days from the date of receiving complete valid documents, the competent authority shall examine and notify the enterprise of the conditions not met according to the regulations.

If within thirty days, the competent authority does not issue a notification about the enterprise's failure to meet the operating conditions for training, the enterprise shall be eligible to self-train within the scope proposed.

c) After five years from the date of being evaluated as eligible to self-train, the enterprise shall submit documents to the competent authority to be re-examined and evaluated on its operating conditions if it wishes to continue self-training.

Article 30. Model, new issuance, reissuance, extension period of Certificate of Eligibility to Operate

1. Certificate of Eligibility to Operate

a) The Certificate of Eligibility to Operate is issued by the Ministry of Labor, Invalids and Social Affairs according to Model No. 03 Appendix II promulgated together with this Decree;

b) The Certificate of Eligibility to Operate is issued by the Department of Labor, Invalids and Social Affairs according to Model No. 04 Appendix II promulgated together with this Decree.

2. The validity period of the Certificate of Eligibility to Operate is five years for new issuance or extension. In the case of reissuance, the validity period is the remaining time of the previously issued Certificate of Eligibility to Operate.

The Certificate of Eligibility to Operate shall be revoked in the following cases:

1. Expiration of the suspension period of training activities or the period of revoking the right to use the Certificate of Eligibility to Operate according to the decision of the competent authority imposing penalties without rectifying the violation leading to penalties.

2. Conducting training activities during the period when the competent authority suspends operations or revokes the right to use the Certificate of Eligibility to Operate.

Section 5

TRAINING FOR WORKERS WITHOUT LABOR CONTRACTS

WORKING WITHOUT LABOR CONTRACTS

Article 32. Support for training workers performing jobs with strict requirements for occupational safety and health

1. Workers belonging to poor households, near-poor households, newly escaped poverty households, ethnic minority households, persons who have rendered meritorious service to the revolution and their main dependents working without labor contracts when performing jobs with strict requirements for occupational safety and health are prioritized for support in training costs.

2. Support Principles

a) Supporting training costs once for one job with strict requirements for occupational safety and health;

b) Fully participating in the training program and passing the examination with satisfactory results, obtaining a Safety Card;

3. The level of support is based on the actual cost of the occupational safety and health training course but not exceeding 50% of the minimum wage per person per training course as stipulated by the Government at the time of training.

4. The funding for support is allocated in the regular budget of the Labor, Invalids and Social Affairs agency according to the current state budget classification.

5. The Labor, Invalids and Social Affairs agencies at all levels shall prepare annual budgets for training support funds, send them to the financial authorities at the same level for submission to the competent authority to allocate training support funds for the subjects specified in Clause 1 of this Article in the state budget. The preparation, allocation, assignment, and settlement of training support funds shall be carried out in accordance with the laws on state budget.

6. The Labor, Invalids and Social Affairs agency shall organize occupational safety and health training for workers based on approved funding.

Chapter IV

ENVIRONMENTAL MONITORING ACTIVITIES IN THE WORKPLACE

Section 1

ORGANIZING ENVIRONMENTAL MONITORING ACTIVITIES IN THE WORKPLACE

Article 33. Conditions for organizations conducting occupational environmental monitoring activities

Organizations conducting occupational environmental monitoring activities must meet the following conditions:

1. A public institution or business providing occupational environmental monitoring services.

2. Having sufficient human resources to carry out occupational environmental monitoring activities as follows:

- A university degree or higher in the fields of health, environment, or biochemistry;

- At least two years of experience in the field of occupational environmental monitoring or five years of experience in preventive medicine;

- A certificate of training in occupational environmental monitoring.

- A professional qualification from a college level or higher in the fields of health, environment, or biochemistry; among whom at least sixty percent must have a university degree or higher;

- A certificate of training in occupational environmental monitoring.

3. Having material resources, equipment, tools, chemicals, and capabilities to ensure minimum requirements as follows:

- Measuring, testing, and analyzing on-site and in laboratories atmospheric factors including temperature, humidity, wind speed, and radiant heat;

- Measuring, testing, and analyzing on-site and in laboratories physical factors including light, noise, vibration across frequency bands, radiation, electromagnetic fields, ultraviolet radiation;

- Assessing occupational exposure factors, including microbial, allergenic, sensitizing, solvent factors;

- Assessing work load and some psychophysical labor indices Ec-gô-nô-my: assessing physical workload; assessing nervous psychological stress; assessing Ec-gô-nô-my of work position.

- Sampling, preserving, measuring, testing on-site, and analyzing in laboratories seventy percent of the following factors:

+ Dust; analyzing silica content in dust, metal dust, coal dust, talc dust, cotton dust, and asbestos dust;

+ Chemical factors including NOx, SOx, CO, CO2, organic solvents (benzene and its derivatives - toluene, xylene), mercury, arsenic, TNT, nicotine, pesticides;

d) Having a workplace with adequate space to ensure the quality of occupational environmental monitoring work, laboratory conditions must meet quality requirements for sample preservation, processing, and analysis;

đ) Equipping full personal protective equipment when conducting occupational environmental monitoring;

e) Having measures to ensure industrial hygiene, fire safety, biological safety, chemical safety, and strictly comply with regulations on collection, transportation, storage, and disposal of waste.

Article 34. Documents and Procedures for Announcing Compliance with Conditions for Conducting Occupational Environmental Monitoring Activities

1. The announcement of compliance with conditions for conducting occupational environmental monitoring activities is established in one set of documents consisting of the following papers:

a) A request for announcing compliance with conditions for conducting occupational environmental monitoring activities of the organization according to the model prescribed in Model No. 01 of Appendix III issued together with this Decree;

b) Documents for announcing compliance with occupational environmental monitoring conditions according to the guidance prescribed in Model No. 02 of Appendix III issued together with this Decree.

2. Procedures for announcing compliance with conditions for conducting occupational environmental monitoring activities:

a) Before conducting occupational environmental monitoring activities, the head of the organization conducting occupational environmental monitoring sends the Ministry of Health (for organizations under the management of ministries and sectors) or the Department of Health (for organizations under the management of provinces and centrally-administered cities) where the organization is located the documents for announcing compliance with conditions for conducting occupational environmental monitoring activities as stipulated in Clause 1 of this Article;

b) Within thirty days from the date of receiving the documents, the Ministry of Health or the Department of Health announces compliance with occupational environmental monitoring conditions on the Ministry of Health's or Department of Health's electronic portal. In case the conditions are not met, they will respond in writing and specify the reasons.

c) Online documents for announcing compliance with occupational environmental monitoring conditions are regulated as follows:

- Ensuring that the documents and contents of the papers are consistent with paper-based documents and converted into electronic text. The name of the electronic document must correspond to the type of paper-based document in the file;

- Information in the request for announcement and announcement documents must be complete and accurate according to the electronic document information;

- The organization requesting online announcement of compliance with occupational environmental monitoring conditions must retain paper-based documents.

3. During the operation, the occupational environmental monitoring organization is responsible for ensuring the conditions announced as prescribed in Article 33 of this Decree.

4. An organization may only conduct occupational environmental monitoring activities after being announced as meeting the conditions for conducting occupational environmental monitoring activities as stipulated in point b of Clause 2 of this Article.

Section 2

PROVISIONS ON OCCUPATIONAL ENVIRONMENTAL MONITORING ACTIVITIES

Article 35. Principles for Implementing Occupational Environmental Monitoring

1. Conduct comprehensive monitoring of harmful factors listed in the Occupational Hygiene File established by the workplace.

For heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous occupations and jobs, occupational environmental monitoring must include an assessment of workloads and certain Ergonomics indicators as specified in Clause 3, Article 33 of this Decree.

2. Occupational environmental monitoring shall be carried out strictly according to the plan agreed between the workplace and the organization qualified to conduct such monitoring.

3. Occupational environmental monitoring shall ensure the following:

a) Conducted during the period when the workplace is operating its production and business activities;

b) Sampling conducted using individual sampling methods and sample collection points located in areas that may affect workers;

c) In cases where rapid detection method monitoring results are questionable, the occupational environmental monitoring organization shall collect samples and analyze them using appropriate methods in a laboratory meeting the required standards.

4. Harmful factors to be monitored and evaluated shall be updated in the Occupational Hygiene File under the following circumstances:

a) Changes in technological processes, production processes, or when implementing renovations and upgrades to the workplace that pose a risk of generating new harmful factors affecting worker health;

b) The occupational environmental monitoring organization proposes additional factors when conducting monitoring;

c) As requested by competent state management authorities.

5. The organization conducting occupational environmental monitoring shall be reimbursed for monitoring costs, occupational exposure evaluation, reporting, and management fees by the employer in accordance with the law.

6. The occupational environmental monitoring organization shall report to the Ministry of Health or the Department of Health about newly discovered harmful factors at the workplace that have not been regulated with permissible limits.

Article 36. Basis for Developing Occupational Environmental Monitoring Plans

1. The Occupational Hygiene File of the workplace, production and business processes, and the number of workers engaged in parts with harmful factors to determine the number of harmful factors to be monitored, the number of samples to be collected, and sampling locations for each harmful factor.

2. The number of workers engaged in heavy, hazardous, dangerous, and particularly heavy, hazardous, dangerous occupations and jobs at the workplace.

3. Microbial, allergenic, carcinogenic, and other harmful factors that may affect worker health but have not been identified in the Occupational Hygiene File.

Article 37. Procedures for Implementing Occupational Environmental Monitoring

1. Before conducting occupational environmental monitoring, the occupational environmental monitoring organization ensures that equipment and machinery used for monitoring are calibrated and standardized in accordance with legal regulations.

2. Strictly follow and fully implement the occupational environmental monitoring procedures as committed.

3. Truthfully inform the employer of the results of occupational environmental monitoring.

4. In cases where the results of occupational environmental monitoring do not meet requirements, the workplace shall take the following actions:

a) Implement measures to improve working conditions, reduce harmful factors, and prevent occupational diseases;

b) Organize early detection health examinations for occupational diseases and related diseases for workers in positions with non-compliant working environments;

c) Provide material compensation to workers in accordance with labor laws.

Article 38. Management and storage of occupational environmental monitoring results

1. Occupational environmental monitoring results established according to Model No. 04 in Appendix III issued together with this Decree shall be made in two copies: one copy sent to the labor facility that has signed a contract for occupational environmental monitoring and one copy retained at the organization conducting occupational environmental monitoring.

2. The retention period for occupational environmental monitoring results shall be carried out in accordance with the provisions of the law.

Chapter V

IMPLEMENTATION

Article 39. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

1. Organize information dissemination, propaganda, and guidance on the implementation of this Decree through mass media at the central level; organize training and guidance for ministries, sectors, localities, organizations, and associations related to the implementation and inspection of this Decree.

2. Specify the form, content, program, and organization of implementation for training, upgrading, and examination of professional knowledge and vocational training skills for safety and hygiene trainers; the training to update information, policies, laws, science, and technology on safety and hygiene for trainers and heads of training organizations; management measures and implementation of safety and hygiene training activities.

3. Establish a database on technical safety inspections, safety and hygiene training.

4. Implement state management over machines, equipment, materials, and substances with strict requirements for safety and hygiene according to the authority specified in Appendix Ib issued together with this Decree.

5. Specify the form, content, program, and organization of implementation for training, upgrading, and examination of vocational skills for technical safety inspections of machines, equipment, materials, and substances with strict requirements for safety and hygiene for inspection objects under its management authority; management measures and implementation of technical safety inspection activities.

6. Issue new, extend, and reissue Certificates of Qualification for Technical Safety Inspection Activities, Certificates of Qualification for Safety and Hygiene Training Activities, and issue and reissue certificates for inspectors under its management authority.

Announce organizations qualified to conduct technical safety inspections and organizations qualified to conduct safety and hygiene training; organizations conducting technical safety inspections and organizations conducting safety and hygiene training that have been suspended or had their qualification certificates revoked.

7. Guide and organize the implementation of support policies for training workers in areas without employment contracts when performing jobs with strict requirements for safety and hygiene.

8. Take the lead and coordinate with relevant agencies to conduct annual and ad hoc inspections of organizations conducting technical safety inspections, safety and hygiene training, and occupational environmental monitoring at production and business facilities.

9. Take the lead and coordinate with competent authorities to resolve complaints and denunciations related to technical safety inspections, safety and hygiene training, and occupational environmental monitoring in accordance with the law.

10. Annually guide localities in developing plans and budget estimates for funding support for worker training as stipulated in Article 32 of this Decree, consolidate the funding needs and submit them to the Ministry of Finance for decision-making on funding support in accordance with the State budget law; propose the allocation of funding support for training to the competent authority for decision-making and guide the implementation.

Article 40. Responsibilities of the Ministry of Health

To direct provincial health departments to implement management and inspection activities, announce healthcare units qualified to issue Certificates certifying professional qualifications for occupational health, and healthcare units conducting first aid and emergency care training at workplaces within their jurisdictional areas.

3. To stipulate, organize the implementation, and manage environmental monitoring activities at workplaces.

4. To establish a database on environmental monitoring activities at workplaces; announce organizations qualified to conduct environmental monitoring activities at workplaces; organizations conducting environmental monitoring activities that have been suspended or penalized for administrative violations on the Ministry of Health's electronic information website.

5. To direct environmental monitoring activities at industrial zones and clusters with high risks of causing occupational diseases.

6. To coordinate with the Ministry of Labor, Invalids, and Social Affairs and local authorities to conduct inspections and checks on environmental monitoring activities at workplaces, workplace hygiene training, first aid and emergency care training at workplaces, and the certification of machines, equipment, and materials with strict safety requirements according to the assigned authority.

7. To coordinate with the Ministry of Labor, Invalids, and Social Affairs and local authorities to organize information dissemination and propaganda, detailing this Decree.

8. Annually, to compile results of environmental monitoring activities at workplaces and submit them to the Ministry of Labor, Invalids, and Social Affairs for consolidation and reporting to the Government.

Article 41. Responsibilities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to aggregate funding needs for training from the central budget, based on budget balancing capabilities, and propose funding support decisions according to laws on state budget.

2. To take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs and relevant ministries overseeing industries and sectors to set levels, collection procedures, management, and utilization of fees for technical safety labor inspection services and fees for technical safety labor training services.

Article 42. Responsibilities of Ministries Managing Industries and Sectors

1. To specify the forms, contents, programs, and organization of training, upgrading, and assessment of professional skills for inspecting machines, equipment, materials, and substances with strict safety and hygiene requirements for objects under their management authority; measures for managing and implementing technical safety labor inspection activities within their authority.

2. To coordinate with the Ministry of Labor, Invalids, and Social Affairs to develop detailed specialized training programs.

3. To coordinate with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health to conduct inspections and checks on technical safety labor inspection activities, safety and hygiene labor training, first aid and emergency care at workplaces, and environmental monitoring activities.

4. To issue, renew, reissue, and revoke Certificates of Qualification for Technical Safety Labor Inspection Activities and issue, reissue inspection certificates for inspectors under their management authority.

5. Within fifteen days from the date of issuing, renewing, reissuing, or revoking Certificates of Qualification for Technical Safety Labor Inspection Activities, relevant ministries must notify the Ministry of Labor, Invalids, and Social Affairs in writing about organizations that have been issued, renewed, reissued, or revoked.

6. To implement state management over machines, equipment, materials, and substances with strict safety and hygiene requirements according to the authority specified in Appendix Ib accompanying this Decree.

7. Before December 25 each year or on an ad hoc basis, to compile and submit reports to the Ministry of Labor, Invalids, and Social Affairs on the status of technical safety labor inspection activities for machines, equipment, and materials with strict safety requirements under their management authority.

Article 43. Responsibilities of the People's Committees of Provinces and Central Cities

1. Managing and organizing the implementation of technical safety and health inspection work, safety training, occupational hygiene training, and labor environment monitoring within their jurisdiction.

2. Directing the Department of Labor, Invalids and Social Affairs, the Department of Health, and related sectors to coordinate with political-social organizations at the local level to inspect, monitor, and guide the implementation of technical safety and health inspection work, safety training, occupational hygiene training, and labor environment monitoring.

3. Summarizing the needs for support in training workers who are not employed under labor contracts when performing jobs with strict requirements for safety and hygiene at the local level, and submitting them to the People's Council at the same level for decision.

Article 44. Responsibilities of Organizations Engaged in Technical Safety and Health Inspection, Safety and Occupational Hygiene Training Organizations, and Labor Environment Monitoring Organizations

1. Ensuring conditions during operation in accordance with the provisions of this Decree.

3. Before December 15 each year, safety and occupational hygiene training organizations, enterprises conducting self-training on safety and occupational hygiene shall report in writing the results of their activities to the Ministry of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs where the main office is located according to Form No. 05 in Appendix II issued together with this Decree, and simultaneously send an email to the Ministry of Labor, Invalids and Social Affairs at the address [email protected].

4. Before December 15 each year, organizations engaged in labor environment monitoring shall report in writing the results of their activities to the Ministry of Health or the Department of Health where the eligibility for labor environment monitoring was announced, and simultaneously send an email to the Ministry of Health at the address [email protected].

Reporting to the Ministry of Health or the Department of Health about newly discovered harmful factors at workplaces when conducting labor environment monitoring, and proposing to supplement the occupational hygiene files of the workplaces.

5. When there is a change in the main office address or branch, organizations engaged in technical safety and health inspection, safety and occupational hygiene training, and labor environment monitoring must notify in writing the authority issuing the Certificate of Eligibility for Operation at least seven working days before implementing changes to the main office or branch addresses.

6. When there is a need to change the objects of technical safety and health inspection, safety and occupational hygiene training, or labor environment monitoring, the organization must propose amendments and supplements. Upon ceasing operations, organizations engaged in technical safety and health inspection, safety and occupational hygiene training, and labor environment monitoring must inform the authority issuing the Certificate of Eligibility or announcing eligibility for operation.

7. Retaining all legal documents and materials related to technical safety and health inspection, safety and occupational hygiene training, and labor environment monitoring activities.

8. Annually, the head of the safety and occupational hygiene training organization must attend a training course organized by the Ministry of Labor, Invalids and Social Affairs to update knowledge on policies, laws, science, and technology.

9. Annually, the head of the labor environment monitoring organization must attend a training course organized by the Ministry of Health to update knowledge on relevant policies, laws, science, and technology.

Article 45. Responsibilities of production and business establishments

1. Organize reviews and categorize groups of individuals requiring training; compile lists of machines, equipment, materials with strict requirements for labor safety and hygiene, and lists of workplaces with risks to labor safety and hygiene; develop plans and organize technical safety inspections, safety and hygiene training, and labor environment monitoring in accordance with the provisions of the law. Update the Labor Hygiene File on contents related to harmful factors that need labor environment monitoring when there are changes in technological processes, production processes, or when implementing renovations and upgrades of workplaces that may generate new harmful factors affecting workers' health.

2. Develop detailed training programs and materials based on the framework training program for group 4 and organize training for workers. In cases where the establishment does not directly conduct training but hires another organization to do so, the training organization shall be responsible for developing the training program and materials, which must include mandatory content suitable for the specific requirements of the production and business establishment.

3. Before December 31 each year, submit reports on technical safety inspections, safety and hygiene training, and labor environment monitoring to the local state management agencies at the location of the main office of the production and business establishment and the locations where workers are employed as follows:

a) Report to the Department of Labor, Invalids and Social Affairs on the implementation of technical safety inspections and safety and hygiene training within the report on the implementation of labor safety and hygiene activities at the establishment;

b) Report to the Department of Health on the implementation of labor environment monitoring activities at the establishment.

4. Fully pay wages and ensure other benefits for individuals under their management during participation in training in accordance with the provisions of the law.

5. Pay costs for technical safety inspections, safety and hygiene training, labor environment monitoring, self-training assessment conditions, and include these costs in production and business expenses.

6. In cases where workers are employed through work packages, through contractors, or through labor leasing (in the case of labor leasing, the user of the leased labor is the employer of the leasing party), the employer must be responsible for organizing safety and hygiene training for workers in accordance with this Decree.

7. Retain files and documents including: inspection files and results of machines and equipment with strict requirements for labor safety and hygiene; detailed training programs, training materials, lists of trained individuals, examination and testing results, copies of certificates proving the qualifications of trainers; monitoring files and results of the labor environment.

Chapter VI

IMPLEMENTING PROVISIONS

Article 46. Transitional Provisions

1. Organizations conducting technical safety inspections and safety and hygiene training that have been issued Certificates or recognized as meeting operational conditions before the effective date of this Decree continue to operate until the end of the recognized operational period. When conducting inspections and training, they must meet the conditions stipulated in this Decree.

2. Certificates for Inspectors, Training Instructor Certificates, Certifications, and Training Certificates issued before the effective date of this Decree remain valid until their expiration date.

3. Safety and hygiene training activities under national or international organization programs in Vietnam must meet the organizational conditions stipulated in this Decree, and participants in such training must be issued Training Certificates, safety cards, or recognition of training results in accordance with this Decree.

4. Organizations and units that conducted measurement and inspection of the labor environment before the effective date of this Decree can continue to operate but must complete the announcement of their qualification for labor environment monitoring before July 1, 2017.

Article 47. Effective Date

1. This Decree takes effect from July 1, 2016.

2. The provisions regarding technical safety inspection activities in Articles 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Section 3; and safety and hygiene training activities stipulated in Point d Clause 1 Article 25 of Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing and guiding the implementation of certain articles of the Labor Code on working hours, rest periods, and labor safety and hygiene cease to be enforceable from the effective date of this Decree.

3. Technical safety inspection activities, safety and hygiene training, and labor environment monitoring in the field of security and defense shall apply the provisions of this Decree, except where regulations in this field provide otherwise.

4. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees shall, based on their assigned functions and tasks, be responsible for implementing this Decree./