Law on Labor Safety and Hygiene No. 84/2015/QH13

LAW

WORK SAFETY AND HEALTH

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Work Safety and Health.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures to ensure work safety and health; policies and benefits for persons suffering from occupational accidents and occupational diseases; responsibilities and authorities of organizations and individuals related to work safety and health activities and state management over work safety and health.

Article 2. Applicability

1. Workers under labor contracts; probationers; apprentices working for employers.

2. Civil servants, public officials, employees, and members of the People's Armed Forces.

3. Workers not under labor contracts.

4. Vietnamese workers going abroad under contracts; foreign workers working in Vietnam.

5. Employers.

6. Other agencies, organizations, and individuals related to work safety and health activities. Persons specified in Clauses 1, 2, 3, and 4 of this Article shall be collectively referred to as workers.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Production and business establishments include enterprises, cooperatives, households, and organizations engaged in production and business operations.

2. Labor safety refers to preventive measures against harmful factors to ensure that no injuries or deaths occur to people during work.

3. Work hygiene refers to preventive measures against harmful factors causing diseases and reducing people's health during work.

4. Hazardous factor refers to a factor causing loss of safety, injury, or death to people during work.

5. Hours/day refers to a factor causing diseases and reducing people's health during work.

6. Technical accident causing loss of work safety and hygiene refers to damage or exceeding safe technical limits of machines, equipment, materials occurring during work and causing losses or posing risks to people, property, and the environment.

7. Serious technical accident causing loss of work safety and hygiene refers to a large-scale technical accident causing loss of work safety and hygiene, occurring widely and beyond the response capacity of production and business establishments, agencies, organizations, localities, or involving multiple production and business establishments, localities.

8. Workplace Accidents refers to an accident causing injury to any part or function of the body or death of a worker, occurring during work and associated with performing work tasks.

9. Occupational Diseases refers to a disease arising from harmful occupational conditions affecting workers.

10. Occupational environmental monitoring refers to the activity of collecting, analyzing, and evaluating measurement data of factors in the workplace environment to reduce harm to health and prevent occupational diseases.

Article 4. State policy on work safety and health

1. Creating favorable conditions for employers, workers, agencies, organizations, and other relevant individuals to implement measures ensuring work safety and health during work; encouraging employers and workers to apply advanced and modern technical standards, management systems, and advanced, high-tech, environmentally friendly technologies during work.

2. Investing in research and application of science and technology for work safety and health; supporting the construction of national-standard laboratories and testing facilities serving work safety and health.

3. Supporting prevention of occupational accidents and diseases in industries and fields with high risks of occupational accidents and diseases; encouraging organizations to develop, publish, or use advanced and modern technical standards on work safety and health during work.

4. Supporting training in work safety and health for workers not under labor contracts who perform jobs with strict requirements for work safety and health.

5. Developing voluntary occupational accident insurance participants; establishing flexible contribution and benefit mechanisms to prevent, reduce, and mitigate risks for workers.

Article 5. Principles for Ensuring Workplace Safety and Health

1. Ensuring workers' right to work in safe and healthy conditions.

2. Fully complying with all safety and health measures during the labor process; prioritizing preventive measures to eliminate and control hazardous factors and harmful elements during the labor process.

3. Consulting opinions from trade union organizations, representative organizations of employers, and occupational safety and health councils at various levels in the development and implementation of policies, laws, programs, and plans on workplace safety and health.

Article 6. Rights and Obligations Regarding Workplace Safety and Health of Workers

1. Workers employed under labor contracts have the following rights:

a) To be provided with fair, safe, and healthy working conditions; to request employers to ensure safe and healthy working conditions during the labor process and at the workplace.

b) To be provided with full information about hazardous and harmful factors at the workplace and preventive measures; to be trained and instructed on workplace safety and health.

c) To implement protective labor measures, health care, and occupational disease detection; to have employers contribute to work injury insurance and occupational disease insurance; to fully enjoy benefits for those suffering from work injuries or occupational diseases; to be reimbursed for examination fees for disability assessment and illness caused by work injuries or occupational diseases; to proactively undergo disability assessment and be reimbursed for examination fees when the results meet the criteria for increasing work injury or occupational disease compensation.

d) To request employers to arrange suitable work after stable treatment due to work injuries or occupational diseases.

đ) To refuse to perform work or leave the workplace without losing wages and not being considered a violation of labor discipline if there is a clear risk of serious work injury that endangers their life or health, but must immediately report to the direct supervisor to take appropriate action; to continue working only when the direct supervisor and the person responsible for safety and health have eliminated the risks to ensure safety and health.

e) To lodge complaints, file charges, or initiate lawsuits as prescribed by law.

2. Workers employed under labor contracts have the following obligations:

a) To comply with internal regulations, procedures, and measures for ensuring workplace safety and health at the workplace; to follow agreements on workplace safety and health in labor contracts and collective labor agreements.

b) To use and maintain personal protective equipment provided; to ensure the safety and health of equipment at the workplace.

c) To promptly report to responsible persons when discovering potential technical accidents causing loss of safety and health, work injuries, or occupational diseases; to actively participate in emergency rescue and accident handling according to emergency response plans or upon orders from employers or competent state authorities.

3. Workers not employed under labor contracts have the following rights:

a) To work in safe and healthy conditions; to be supported by the State, society, and family to work in a safe and healthy environment.

b) To receive information, propaganda, and education on workplace safety and health; to be trained on workplace safety and health when performing jobs with strict requirements for safety and health.

c) To participate in voluntary work injury insurance as prescribed by the Government; based on economic and social development conditions and the state budget capacity at each period, the Government will provide detailed regulations on financial support for voluntary work injury insurance contributions.

d) To lodge complaints, file charges, or initiate lawsuits as prescribed by law.

4. Workers not employed under labor contracts have the following obligations:

a) To be responsible for workplace safety and health for the work they perform as prescribed by law.

b) To ensure workplace safety and health for related individuals during the labor process.

c) To notify local authorities to take timely measures to prevent actions that cause loss of workplace safety and health.

5. Officials, civil servants, public officials, and members of the people's armed forces have the same rights and obligations regarding workplace safety and health as workers stipulated in Clause 1 and Clause 2 of this Article, except where specific regulations apply to these groups.

6. Trainees and apprentices working for employers have the same rights and obligations regarding workplace safety and health as workers stipulated in Clause 1 and Clause 2 of this Article.

7. Foreign workers employed in Vietnam have the same rights and obligations regarding workplace safety and health as workers stipulated in Clause 1 and Clause 2 of this Article; participation in work injury and occupational disease insurance is carried out as prescribed by the Government.

Article 7. Rights and obligations regarding labor safety and hygiene of employers

1. Employers have the following rights:

a) Require workers to comply with internal regulations, procedures, and measures ensuring labor safety and hygiene at the workplace;

b) Reward workers who comply well and discipline workers who violate labor safety and hygiene regulations;

c) File complaints, denunciations, or lawsuits in accordance with the law;

d) Mobilize workers to participate in emergency rescue, accident prevention, and remediation.

2. Employers have the following obligations:

a) Establish, organize implementation, and proactively coordinate with relevant agencies and organizations to ensure labor safety and hygiene for workers and related persons at workplaces within their responsibility; subscribe to work injury insurance and occupational disease insurance for workers;

b) Organize training and guidance on regulations, internal rules, procedures, and measures ensuring labor safety and hygiene; provide adequate tools and equipment ensuring labor safety and hygiene; implement health care, occupational disease detection; fully implement benefits for workers suffering from work accidents and occupational diseases;

c) Not force workers to continue performing tasks or return to workplaces where there is a serious risk of work accidents threatening their lives or health;

d) Appoint supervisors to monitor and inspect compliance with internal rules, procedures, and measures ensuring labor safety and hygiene at workplaces as prescribed by law;

đ) Arrange departments or personnel for labor safety and hygiene work; cooperate with the grassroots trade union committee to establish a network of labor safety and hygiene officers; define responsibilities and delegate authority for labor safety and hygiene work;

e) Implement reporting, investigation, statistics, and reporting on work accidents, occupational diseases, technical incidents causing severe labor safety and hygiene issues; statistics and reporting on the implementation of labor safety and hygiene work; comply with decisions of specialized inspection bodies on labor safety and hygiene;

g) Solicit opinions from the grassroots trade union committee when drafting plans, internal rules, procedures, and measures ensuring labor safety and hygiene.

Article 8. Rights and responsibilities of the Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, and other social organizations

1. The Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, and other social organizations within their respective duties and powers have the following rights and responsibilities:

a) Coordinate with relevant agencies to organize propaganda, dissemination, and training on labor safety and hygiene; develop labor safety and hygiene services;

b) Participate in providing opinions, supervision, and social feedback in the development of policies and laws on labor safety and hygiene as prescribed by law;

c) Collaborate with state management agencies to propose solutions to improve working conditions, prevent and combat work accidents and occupational diseases, and implement scientific research activities;

d) Mobilize members to implement labor safety and hygiene assurance work;

đ) Identify and recommend to competent state authorities timely handling of violations of laws on labor safety and hygiene;

2. Organizations representing employers shall exercise the rights and responsibilities stipulated in Clause 1 of this Article; they are responsible for participating in the Labor Safety and Hygiene Council as prescribed in Article 88 of this Law; mobilize employers to conduct workplace dialogues, collective bargaining, collective labor agreements, and implement measures to improve working conditions to ensure labor safety and hygiene at workplaces.

Article 9. Rights and responsibilities of trade unions in occupational safety and health work

1. Participate with state agencies in formulating policies and laws on occupational safety and health. Recommend state agencies with authority to formulate, amend, and supplement policies and laws related to workers' rights and obligations regarding occupational safety and health.

2. Participate and coordinate with state agencies in inspecting, checking, and supervising the implementation of policies and laws on occupational safety and health related to workers' rights and obligations; participate in building, guiding the implementation, and supervising the implementation of plans, regulations, internal rules, and measures to ensure occupational safety and health to improve working conditions for workers at workplaces; participate in investigating workplace accidents according to the provisions of the law.

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

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

5. Represent groups of workers to initiate lawsuits when their rights concerning occupational safety and health are violated; represent workers to initiate lawsuits when their rights concerning occupational safety and health are violated and authorized by the workers.

6. Study and apply science and technology, train and instruct on occupational safety and health; recommend solutions to care for and improve working conditions, prevent workplace accidents, and occupational diseases for workers.

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

8. Award occupational safety and health work according to the regulations of the Vietnam General Confederation of Labor.

Article 10. Rights and responsibilities of grassroots trade unions in occupational safety and health work

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

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

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

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

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

6. Propagate and mobilize workers and employers to properly implement legal provisions, standards, norms, procedures, and measures to ensure occupational safety and health at workplaces. Coordinate with employers to organize training and instruction on occupational safety and health for trade union cadres and workers.

7. Require responsible persons to immediately implement measures to ensure occupational safety and health, including suspending operations if necessary when hazardous factors that endanger workers' health and lives are discovered at workplaces.

8. Participate in the grassroots accident investigation team according to Clause 1, Article 35 of this Law; participate and coordinate with employers to rescue and remediate consequences of technical incidents causing loss of occupational safety and health, workplace accidents; if employers fail to fulfill their reporting obligation as stipulated in Article 34 of this Law, the grassroots trade union shall promptly report to the competent state management agency as stipulated in Article 35 of this Law to conduct an investigation.

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

10. Grassroots trade unions shall perform the rights and responsibilities prescribed in this Article when requested by workers at production and business establishments that have not yet established grassroots trade unions.

Article 11. Rights and responsibilities of the Vietnam Farmers' Union

1. Participate with state agencies in formulating policies and laws on occupational safety and health for farmers. Propose to competent state authorities to formulate, amend, and supplement policies and laws related to the rights and obligations of farmer workers regarding occupational safety and health.

2. Participate and coordinate with state agencies in inspecting, supervising the implementation of systems, policies, and laws on occupational safety and health related to the rights and obligations of farmer workers; participate in investigating workplace accidents when the accident victim is a farmer.

3. Participate in activities to promote and train farmers on occupational safety and health.

4. Coordinate with state agencies in caring for and improving working conditions, preventing workplace accidents and occupational diseases for farmers.

5. Mobilize farmers to participate in movements ensuring occupational safety and health for farmers in accordance with the law.

Article 12. Prohibited Acts

1. Conceal, report, or falsely report workplace accidents and occupational diseases; fail to implement requirements and measures to ensure occupational safety and health causing harm or posing a risk of harm to people, property, and the environment; force workers to work or prevent them from leaving the workplace when there is a serious threat to their health and lives due to potential workplace accidents or compel workers to continue working before such risks have been addressed.

2. Evade, delay payment of insurance premiums for workplace accidents and occupational diseases; misappropriate funds paid or received through insurance for workplace accidents and occupational diseases; fraudulently manipulate records in implementing insurance for workplace accidents and occupational diseases; fail to pay insurance benefits for workplace accidents and occupational diseases to workers; manage and use the Fund for Insurance of Workplace Accidents and Occupational Diseases in violation of the law; illegally access and exploit databases on insurance for workplace accidents and occupational diseases.

3. Use machinery, equipment, materials with strict requirements for occupational safety and health that have not been inspected or inspection results do not meet requirements, or have unclear origins and expiration dates, or do not meet quality standards, causing environmental pollution.

4. Fraud in activities of inspection, training on occupational safety and health, monitoring of labor environments, medical examinations to determine the degree of reduced work capacity due to workplace accidents and occupational diseases; obstruct, create difficulties, or cause damage to the legitimate and reasonable rights and interests of workers and employers regarding occupational safety and health.

5. Discriminate based on gender in ensuring occupational safety and health; discriminate because a worker refuses to perform a job or leave the workplace when there is a clear risk of a serious threat to their life or health; discriminate because a worker has performed tasks or duties to ensure occupational safety and health at the workplace of a safety and health officer, safety and health worker, or healthcare provider.

6. Employ workers or assign them to jobs with strict requirements for occupational safety and health without prior training on occupational safety and health.

7. Pay money instead of providing in-kind compensation.

Chapter II

PREVENTIVE AND CONTROL MEASURES AGAINST DANGEROUS FACTORS AND HARMFUL FACTORS FOR WORKERS

Section 1

INFORMATION, PROMOTION, EDUCATION, TRAINING ON OCCUPATIONAL SAFETY AND HEALTH

Article 13. Information, Propaganda, and Education on Occupational Safety and Health

1. Employers must provide information, propaganda, and education on occupational safety and health, hazardous factors, harmful factors, and measures to ensure occupational safety and health at workplaces for employees; guide regulations on occupational safety and health for visitors and workers at their facilities.

2. Manufacturers must provide information on measures to ensure occupational safety and health accompanying products and goods that may cause danger to users during work.

3. Agencies, organizations, and households have the responsibility to organize the implementation of propaganda and dissemination of knowledge and skills on occupational safety and health for their employees; propaganda and mobilization to eliminate unhygienic customs and habits that harm health and pose dangers to individuals and communities during work. Based on specific conditions of the locality, each level of People's Committee annually has the responsibility to direct and organize the provision of information, propaganda, and education on occupational safety and health for employees working without labor contracts in the locality.

4. Mass media agencies have the responsibility to regularly organize the provision of information, propaganda, and dissemination of policies, laws, and knowledge on occupational safety and health, integrating information on preventing workplace accidents and occupational diseases with other communication programs and activities.

Article 14. Training on Occupational Safety and Health

1. Managers responsible for occupational safety and health, personnel engaged in occupational safety and health work, medical staff, occupational safety and health officers in production and business establishments must attend training courses on occupational safety and health and be issued certificates after passing examinations and assessments.

In cases where there are changes in policies, laws, or scientific and technological developments related to occupational safety and health, they must be trained, further educated, and updated with knowledge and skills on occupational safety and health.

2. Employers must organize training for employees performing jobs with strict requirements for occupational safety and health and issue safety cards before assigning them to such jobs.

3. Employees working without labor contracts must be trained on occupational safety and health when performing jobs with strict requirements for occupational safety and health and be issued safety cards.

The State provides a policy to support tuition fees for employees specified in this clause when participating in training courses. The amount, beneficiaries, and duration of support are detailed by the Government based on economic and social development conditions in each period.

4. Employers must organize self-training and bear responsibility for the quality of training on occupational safety and health for employees not covered under clauses 1, 2, and 3 of this Article, trainees, apprentices, probationary workers before recruitment or assignment to work, and periodically retrain to equip necessary knowledge and skills for ensuring occupational safety and health during work, appropriate to assigned job positions.

5. Training on occupational safety and health as stipulated in this Article must be consistent with the characteristics and nature of each profession, job position, scale of labor, and should not hinder production and business activities. Based on specific conditions of production and business establishments, employers proactively organize separate training on occupational safety and health or combine training on occupational safety and health with fire prevention and firefighting training or other training contents prescribed by specialized laws.

6. The Minister of Labor, Invalids, and Social Affairs shall promulgate the List of Jobs with Strict Requirements for Occupational Safety and Health after consulting relevant ministries managing industries and sectors.

7. Organizations providing training on occupational safety and health are public service units or enterprises operating training services on occupational safety and health according to investment laws and this Law. In cases where enterprises self-train employees on occupational safety and health as specified in clauses 1, 2, and 3 of this Article, they must meet the operational conditions required for organizations providing training on occupational safety and health.

8. The Government shall detail regulations regarding the competent authority issuing permits, material and technical conditions, standards for occupational safety and health trainers, procedures, formalities, and documents for new issuance, reissuance, extension, and revocation of Certificates of Eligibility for Operation of organizations providing training on occupational safety and health as stipulated in clause 7 of this Article; training and self-training on occupational safety and health.

Section 2

INTERNAL RULES, PROCEDURES, AND MEASURES TO ENSURE OCCUPATIONAL SAFETY AND HEALTH AT WORKPLACES

Article 15. Internal regulations and procedures for ensuring workplace safety and hygiene

The employer shall establish, issue, and implement internal regulations and procedures for ensuring workplace safety and hygiene based on laws, national technical standards and norms, local technical norms on safety and hygiene, and production, business, and labor conditions.

Article 16. Responsibilities of employers in ensuring workplace safety and hygiene

1. Ensuring that workplaces meet requirements regarding space, ventilation, dust, fumes, toxic gases, radiation, electromagnetic fields, heat, humidity, noise, vibration, and other hazardous factors as stipulated in relevant technical norms, and regularly inspecting and measuring these factors; ensuring sufficient shower rooms and sanitary facilities at workplaces as prescribed by the Minister of Health.

2. Ensuring that machines, equipment, materials, and substances used, operated, maintained, and stored at workplaces comply with technical norms on safety and hygiene, or meet published and applied safety and hygiene technical standards, and internal regulations and procedures for ensuring workplace safety and hygiene.

3. Providing workers with adequate personal protective equipment when performing tasks involving hazardous factors; equipping workplaces with safety and hygiene devices.

4. Conducting inspections and evaluations of hazardous factors at workplaces annually or as necessary to implement technological and technical measures aimed at eliminating or reducing hazardous factors, improving working conditions, and caring for workers' health.

5. Regularly inspecting and maintaining machines, equipment, materials, substances, workshops, and warehouses.

6. Having warning signs and instructions in Vietnamese and the common language of workers regarding safety and hygiene for machines, equipment, materials, and substances requiring strict safety and hygiene standards at workplaces, storage areas, usage sites, and locations where they are easily visible and readable.

7. Promoting, disseminating, or training workers on regulations, internal rules, and procedures concerning safety and hygiene at workplaces, preventive measures against hazardous factors related to assigned work and tasks.

8. Establishing and issuing emergency response plans for workplace accidents; organizing accident handling, rescue operations, rescue forces, and promptly reporting to responsible persons upon discovering risks or when workplace accidents or technical incidents occur beyond the employer's control.

Article 17. Responsibilities of workers in ensuring workplace safety and hygiene

1. Adhering to regulations, internal rules, procedures, and requirements on safety and hygiene established by the employer or competent state agencies related to assigned work and tasks.

2. Complying with laws and mastering knowledge and skills on measures to ensure workplace safety and hygiene; using and maintaining personal protective equipment provided, and safety and hygiene devices at workplaces during the performance of assigned tasks.

3. Participating in safety and hygiene training before using machines, equipment, materials, and substances requiring strict safety and hygiene standards.

4. Preventing direct risks causing loss of workplace safety and hygiene, and violations of safety and hygiene regulations at workplaces; promptly reporting to responsible persons upon knowing about workplace accidents, incidents, or discovering potential incidents or occupational diseases; actively participating in emergency rescue and accident handling according to emergency response plans or upon orders from the employer or competent state agencies.

Article 18. Control of hazardous and harmful factors at workplaces

1. Employers must organize the assessment and control of hazardous and harmful factors at workplaces to develop technical safety and labor hygiene measures, and health care for workers; implement detoxification and disinfection measures for workers working in places with toxic and infectious factors.

2. For harmful factors for which the Minister of Health has prescribed permissible exposure limits to control their adverse effects on worker health, employers must organize workplace environmental monitoring to assess harmful factors at least once a year. The organization conducting workplace environmental monitoring must have adequate conditions regarding facilities, equipment, and human resources.

3. For hazardous factors, employers must continuously monitor and manage them according to technical requirements to ensure workplace safety and hygiene, and must organize inspections and assessments of these factors at least once a year in accordance with the law.

4. Immediately after obtaining the results of workplace environmental monitoring to assess harmful factors and the inspection, assessment, and management of hazardous factors at workplaces, employers must:

a) Publicly notify workers at the location of the environmental monitoring and the location where the inspection, assessment, and management of hazardous factors were conducted;

b) Provide information when requested by trade unions, agencies, or organizations with authority;

c) Take corrective measures to control hazardous and harmful factors at workplaces to ensure workplace safety and hygiene and to care for worker health.

5. The Government shall provide detailed regulations on the control of hazardous and harmful factors at workplaces and the operating conditions of organizations conducting workplace environmental monitoring in accordance with the Investment Law and the Enterprise Law.

Article 19. Measures for Handling Serious Technical Incidents Causing Loss of Workplace Safety and Hygiene and Emergency Rescue

1. Employers must have plans for handling serious technical incidents causing loss of workplace safety and hygiene, emergency rescue, and regularly conduct drills as prescribed by law; equip technical and medical means to ensure timely rescue and first aid when serious technical incidents causing loss of workplace safety and hygiene, or work accidents occur.

2. Responsibilities for handling serious technical incidents causing loss of workplace safety and hygiene and emergency rescue:

a) Employers must immediately order the cessation of operations of machines and equipment, the use of materials and substances, and work activities at workplaces that pose a risk of work accidents or serious technical incidents causing loss of workplace safety and hygiene; they may not force workers to continue performing tasks or return to workplaces if the risks of work accidents threatening the lives or health of workers have not been eliminated; implement corrective measures and measures according to the plan for handling serious technical incidents causing loss of workplace safety and hygiene and emergency rescue to organize rescue efforts, protect people, assets, and the environment, and ensure workplace safety and hygiene for workers, surrounding people, assets, and the environment; promptly report to local authorities where the incident or emergency rescue occurred;

b) In case serious technical incidents causing loss of workplace safety and hygiene occur at production and business establishments or in a locality, the employer and that locality have the responsibility to urgently mobilize manpower, material resources, and means to respond to the incident in accordance with specialized laws;

c) In case serious technical incidents causing loss of workplace safety and hygiene involve multiple production and business establishments or localities, the employer and local authorities where the incident occurred have the responsibility to respond and report to higher-level authorities in accordance with specialized laws. If the response capability of the involved production and business establishments or localities is exceeded, they must urgently report to higher-level authorities to promptly mobilize other production and business establishments or localities to participate in rescue efforts; the production and business establishments or localities required to be mobilized must implement and cooperate in implementing emergency rescue measures within their scope and capabilities.

3. The Government shall provide detailed regulations on this Article.

Article 20. Improving Working Conditions and Building a Safe Working Culture

1. Employers must regularly coordinate with the Trade Union Committee at their workplace to organize activities for workers to participate in improving working conditions and building a safe working culture at their workplace.

2. Encourage employers to apply advanced and modern technical standards, management systems, and advanced, high-tech, and environmentally friendly technologies in production and business activities to improve working conditions and ensure occupational safety and hygiene for workers.

Section 3

 WORK SAFETY PROTECTION REGIME AND HEALTH CARE FOR WORKERS

Article 21. Health Examination and Treatment of Occupational Diseases for Workers

1. Employers must organize annual health examinations for workers at least once a year; for workers engaged in heavy, hazardous, or dangerous jobs, or particularly heavy, hazardous, or dangerous jobs, disabled workers, underage workers, and elderly workers, health examinations must be conducted at least every six months.

2. When conducting health examinations as stipulated in Clause 1 of this Article, female workers must undergo specialized gynecological examinations, and workers exposed to factors that may cause occupational diseases must be examined for such diseases.

3. Employers must organize health examinations for workers before assigning them to work, before transferring them to heavier, more hazardous, or more dangerous jobs, or after they have recovered from work-related accidents or occupational diseases and are returning to work, except when they have been assessed by a Medical Council regarding their reduced capacity to work.

4. Employers must organize health examinations for workers and occupational disease detection at medical facilities that meet professional requirements and technical conditions.

5. Employers must take workers diagnosed with occupational diseases to medical facilities that meet professional requirements and technical conditions for treatment according to the treatment regimen for occupational diseases prescribed by the Minister of Health.

6. The costs for health examinations, occupational disease detection, and treatment of occupational diseases for workers as stipulated in Clauses 1, 2, 3, and 5 of this Article shall be deductible expenses when determining taxable income under the Law on Corporate Income Tax and regular operating expenses for administrative agencies and non-business public institutions.

Article 22. Heavy, Hazardous, and Dangerous Jobs

1. Heavy, hazardous, and dangerous jobs, and particularly heavy, hazardous, and dangerous jobs are classified based on the specific characteristics and working conditions of each job.

2. The Minister of Labor, Invalids, and Social Affairs shall issue a list of heavy, hazardous, and dangerous jobs, and particularly heavy, hazardous, and dangerous jobs after consulting with the Ministry of Health, and shall establish criteria for classifying labor based on working conditions.

3. Employers must fully implement work safety protection regimes and health care for workers engaged in heavy, hazardous, and dangerous jobs, and particularly heavy, hazardous, and dangerous jobs in accordance with the provisions of the law.

Article 23. Personal protective equipment in labor

1. Workers performing jobs with hazardous factors or harmful factors shall be fully provided with personal protective equipment by the employer and must use it during the work process.

2. The employer shall implement technical, engineering, and equipment solutions to eliminate or minimize hazardous factors and harmful factors to the greatest extent possible and improve working conditions.

3. When providing personal protective equipment, the employer must ensure the following principles:

a) Correct type, correct target group, sufficient quantity, and quality meeting national technical standards and regulations;

b) Not substituting money for the provision of personal protective equipment; not forcing workers to purchase such equipment themselves or collecting money from workers to buy personal protective equipment;

c) Guide and supervise workers in using personal protective equipment;

d) Organize decontamination, disinfection, and radiation cleaning measures to ensure hygiene for used personal protective equipment in places where contamination, infection, or radiation exposure is likely.

4. The Minister of Labor, Invalids, and Social Affairs shall stipulate the system for providing personal protective equipment in labor.

Article 24. Compensation in kind

1. Workers performing jobs under hazardous or harmful conditions shall be compensated in kind by the employer.

2. Compensation in kind shall follow the following principles:

a) To enhance the body's resistance and detoxification capacity;

b) To ensure convenience, safety, and food hygiene;

c) To be implemented during shifts or days of work, except in special cases where the organization cannot organize centralized compensation at the workplace.

3. The Minister of Labor, Invalids, and Social Affairs shall stipulate the compensation in kind.

Article 25. Working hours in hazardous or harmful conditions

1. The employer has the responsibility to ensure that the time workers are exposed to hazardous or harmful factors remains within the safe limits specified in relevant national technical standards and related laws.

2. Working hours for workers engaged in particularly arduous, toxic, or dangerous jobs shall be carried out in accordance with labor law regulations.

Article 26. Health recovery convalescence

Annually, employers are encouraged to organize health recovery convalescence for workers engaged in arduous, toxic, or dangerous jobs, workers engaged in particularly arduous, toxic, or dangerous jobs, and workers with poor health.

Article 27. Management of worker health

1. Employers must base job and work type health standards and health examination results to arrange suitable work for workers.

2. Employers have the responsibility to establish and manage workers' health records and occupational disease patients' health records; notify workers of health examination results and occupational disease detection results; annually report on worker health management under their jurisdiction to competent state health management authorities.

Section 4

MANAGEMENT OF MACHINERY, EQUIPMENT, MATERIALS, AND SUBSTANCES WITH STRICT REQUIREMENTS FOR SAFETY AND HEALTH AT WORK

Article 28. Machinery, equipment, materials, substances with strict requirements for occupational safety and health

1. Machinery, equipment, materials, substances with strict requirements for occupational safety and health are machinery, equipment, materials, substances that, under conditions of storage, transportation, preservation, and reasonable and appropriate use according to the manufacturer's instructions, still pose potential risks of work accidents, occupational diseases, causing serious consequences to human health and life during labor and production.

2. The Minister of Labor, Invalids, and Social Affairs shall issue a list of types of machinery, equipment, materials, and substances with strict requirements for occupational safety and health based on the proposals of relevant ministries as stipulated in Article 33 of this Law.

Article 29. Formulating plans to ensure occupational safety and health when constructing, expanding, or renovating facilities for the production, use, preservation, and storage of machinery, equipment, materials, and substances with strict requirements for occupational safety and health

1. In the dossier submitted to the competent authority for issuing construction permits for new construction, expansion, or renovation of facilities for the production, use, preservation, and storage of machinery, equipment, materials, and substances with strict requirements for occupational safety and health, the project owner and employer must include a plan to ensure occupational safety and health for workers' workplaces and the environment.

2. The plan to ensure occupational safety and health must include the following main contents:

a) Location and scale of the facility;

b) Detailed listing and description of components within the facility;

c) Identification of hazardous factors, harmful elements, and potential incidents that may occur during operation;

d) Specific measures to eliminate or reduce hazardous factors and harmful elements; plans to handle technical incidents causing severe occupational safety and health issues, and emergency rescue operations.

Article 30. Using machinery, equipment, materials, and substances with strict requirements for occupational safety and health

1. Types of machinery, equipment, and materials with strict requirements for occupational safety and health must have clear origins and be within their usage period, ensuring quality, and must be inspected according to Clause 1 of Article 31 of this Law, except where otherwise provided by specialized laws.

2. When putting into use or ceasing to use and disposing of machinery, equipment, materials, and substances with strict requirements for occupational safety and health, organizations and individuals must report to the specialized agency under the provincial People's Committee (hereinafter referred to as the provincial level) at the place of use according to the authority prescribed in Clauses 1 and 2 of Article 33 of this Law, except where otherwise provided by specialized laws.

3. During the use of machinery, equipment, and materials with strict requirements for occupational safety and health, organizations and individuals are responsible for regularly inspecting, maintaining, and establishing and retaining technical safety files for machinery, equipment, and materials in accordance with corresponding national technical standards.

4. The use of substances with strict requirements for occupational safety and health shall be carried out in accordance with the provisions of the law on chemicals and specialized laws.

Article 31. Inspection of machinery, equipment, and materials with strict requirements for occupational safety and health

1. Types of machinery, equipment, and materials with strict requirements for occupational safety and health must be inspected before being put into use and periodically during use by organizations engaged in technical safety inspection activities.

2. The inspection of machinery, equipment, and materials with strict requirements for occupational safety and health must be accurate, transparent, and fair.

3. The Government shall provide detailed regulations on the competent authority for granting authorization, material and technical conditions, procedures, formalities, issuance, reissuance, extension, and revocation of certificates confirming eligibility to operate for organizations engaged in technical safety inspection activities; inspection criteria meeting the requirements of the inspected objects; and the inspection of machinery, equipment, and materials with strict requirements for occupational safety and health.

Article 32. Rights and Obligations of Organizations Engaging in Occupational Safety and Health Technical Inspection Activities

1. An organization engaging in occupational safety and health technical inspection activities is a public service unit or a business providing occupational safety and health technical inspection services.

2. An organization engaging in occupational safety and health technical inspection activities has the following rights:

a) To carry out inspection activities according to the technical inspection service provision contract;

b) To refuse to provide technical inspection services when safety conditions for inspecting machines, equipment, and materials cannot be guaranteed;

c) To make recommendations, complaints, and reports on acts hindering inspection activities;

d) To request organizations and individuals whose objects are subject to inspection to provide relevant documents and information for inspection activities.

3. An organization engaging in occupational safety and health technical inspection activities has the following obligations:

a) To provide technical inspection services within the scope and subjects specified in the Certificate of Eligibility for Technical Inspection Activities;

b) To conduct inspections according to the technical inspection procedures;

c) To be responsible for the results of inspections, compensate for damages caused by inspection activities in accordance with the provisions of the law, and recall inspection results issued upon discovering violations;

d) Annually report to the competent state management agency managing the field as stipulated in Clause 1 and Clause 2, Article 33 of this Law and the state management agency on labor regarding the situation of conducted technical inspections in accordance with the law;

đ) To retain inspection records.

Article 33. Responsibilities of Ministries in State Management of Machines, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health

1. Ministries have the responsibility for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health within the following scope:

a) The Ministry of Health is responsible for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health related to food, pharmaceuticals, vaccines, medical products, cosmetics, raw materials for drug production, drugs for humans, household chemicals, insecticides, disinfectants, medical equipment;

b) The Ministry of Agriculture and Rural Development is responsible for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health related to crops, livestock, fertilizers, animal feed, plant protection chemicals, veterinary drugs, biological products used in agriculture, forestry, salt industry, aquaculture, water conservancy works, dykes;

c) The Ministry of Transport is responsible for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health related to transportation means, loading and unloading equipment, specialized transport construction equipment, marine exploration and exploitation equipment, transportation infrastructure works;

d) The Ministry of Industry and Trade is responsible for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health related to pressure equipment, special lifting equipment for industrial sectors, industrial explosives, mining and oil and gas equipment, except for marine exploration and exploitation equipment;

đ) The Ministry of Construction is responsible for state management of machines, equipment, materials, and substances with strict requirements for occupational safety and health used in construction works;

e) The Ministry of Science and Technology is responsible for state management of nuclear reactors, nuclear materials, nuclear material sources, radioactive substances, radiation equipment;

g) The Ministry of Information and Communications is responsible for state management of types of equipment used in broadcasting and television;

h) The Ministry of National Defense is responsible for state management of military equipment, weapons and ammunition, military supplies, defense products, defense works;

i) The Ministry of Public Security is responsible for state management of fire prevention and firefighting equipment; technical equipment, weapons and ammunition, military supplies, support tools, except cases stipulated in point h of this clause;

k) The Ministry of Labor, Invalids and Social Affairs is responsible for state management of personal protective equipment for workers and types of machines, equipment, materials, and substances with strict requirements for occupational safety and health not covered by points a, b, c, d, đ, e, g, h, and i of this clause;

2. Based on economic and social development situations and state management requirements, the Ministry of Labor, Invalids and Social Affairs is responsible for coordinating with sectoral ministries and agencies involved to submit to the Government for decision on specifically assigning the agency responsible for managing machines, equipment, materials, and substances with strict requirements for occupational safety and health that are newly developed and not yet regulated in Clause 1 of this Article or those with strict requirements for occupational safety and health related to multiple ministries' management areas but not clearly defined under Clause 1 of this Article;

3. Ministries, based on their state management authority over types of machines, equipment, materials, and substances with strict requirements for occupational safety and health as stipulated in Clause 1 and Clause 2 of this Article and the List of Types of Machines, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health as stipulated in Clause 2, Article 28 of this Law, shall have the following responsibilities:

a) To detail the List of Types of Machines, Equipment, Materials, and Substances with Strict Requirements for Occupational Safety and Health within their management authority and send it to the Minister of Labor, Invalids and Social Affairs for issuance;

b) To issue technical inspection procedures and management procedures for substances with strict requirements for occupational safety and health within their management authority after consulting with the Ministry of Labor, Invalids and Social Affairs;

c) To organize inspections of technical inspection activities within their state management authority as stipulated in Clause 1 and Clause 2 of this Article;

d) Annually submit to the Ministry of Labor, Invalids and Social Affairs a report on the management of machines, equipment, materials, and substances with strict requirements for occupational safety and health as stipulated in Clause 1 and Clause 2 of this Article, except where otherwise provided by specific laws.

4. The Ministry of Labor - Invalids and Social Affairs shall take the lead and coordinate with relevant ministries to review the Catalogue of machinery, equipment, materials, and substances with strict requirements for safety and hygiene at workplaces to amend and supplement it in accordance with economic and social development, scientific and technological progress, and management during each period.

Chapter III

MEASURES FOR HANDLING TECHNICAL INCIDENTS CAUSING LOSS OF SAFETY AND HYGIENE AT WORKPLACES AND WORKPLACE ACCIDENTS, OCCUPATIONAL DISEASES

Section 1

 REPORTING, STATISTICAL RECORDING, REPORTING, AND INVESTIGATING TECHNICAL INCIDENTS CAUSING LOSS OF SAFETY AND HYGIENE AT WORKPLACES, WORKPLACE ACCIDENTS, AND OCCUPATIONAL DISEASES

Article 34. Reporting of workplace accidents and technical incidents causing loss of safety and hygiene at workplaces

1. The reporting of workplace accidents and technical incidents causing loss of safety and hygiene at workplaces shall be carried out as follows:

a) When a workplace accident occurs or there is a risk of a workplace accident or a technical incident causing loss of safety and hygiene at workplaces, the person involved in the accident or the person who knows about the incident must immediately report to the direct supervisor and the employer to promptly take measures to handle and mitigate the consequences;

b) In cases where the accidents specified in point a of this clause result in death or serious injury to two or more workers, the employer has the responsibility to immediately report to the provincial-level labor administration agency where the accident occurred; in cases of fatal accidents, they must also immediately report to the public security agency at the district, town, city, or urban district level (hereinafter referred to collectively as the district level);

c) For accidents and incidents occurring in radiation, oil exploration and exploitation, railway transportation, inland waterway transportation, road transportation, air transportation, and units under the people's armed forces, the employer has the responsibility to report according to the provisions of specialized laws;

d) When a workplace accident resulting in death or serious injury occurs to a worker not employed under a labor contract, the family of the victim or the person who discovers the incident has the responsibility to immediately report to the People's Committee of the commune, ward, or town (hereinafter referred to collectively as the commune level) where the accident occurred to promptly take measures to handle the situation. In cases where a workplace accident results in death or serious injury to two or more workers, the People's Committee at the commune level has the responsibility to immediately report to the public security agency at the district level and the provincial-level labor administration agency where the accident occurred to promptly take measures to handle the situation. In cases where a technical incident causing loss of safety and hygiene at workplaces involves a worker not employed under a labor contract, the person who discovers the incident has the responsibility to promptly report to the People's Committee at the commune level where the incident occurred, and the reporting shall be carried out in accordance with Article 19 and Article 36 of this Law.

2. Within their scope of responsibility, competent authorities and organizations must consider and resolve reports on workplace accidents and technical incidents causing loss of safety and hygiene at workplaces, notify the results of resolving such reports to the agencies, organizations, or individuals who reported when requested, and apply necessary measures to protect the legitimate rights and interests of those who have reported.

Article 35. Investigation of labor accidents, technical incidents causing loss of workplace safety and hygiene, serious technical incidents causing loss of workplace safety and hygiene

1. The employer shall be responsible for establishing a grassroots accident investigation team to conduct investigations into minor labor accidents and severe labor accidents involving one worker under their management authority, except in cases already investigated according to the provisions of Clauses 2 and 3 of this Article or labor accidents investigated by state agencies authorized by law.

The members of the grassroots accident investigation team include the employer or a representative authorized in writing by the employer as the Team Leader and other members being representatives of the grassroots trade union committee or representatives of the workers' collective when the grassroots trade union has not been established, personnel engaged in occupational safety work, medical personnel, and other members.

In cases where a severe labor accident involves one worker who does not have a labor contract, the People's Committee of the commune where the accident occurred must record the incident in a report and report it to the People's Committee of the district where the accident occurred.

2. The provincial-level state management agency on labor affairs shall be responsible for establishing a provincial accident investigation team to investigate fatal labor accidents, severe labor accidents involving two or more workers, including those without labor contracts, except in cases provided for in Clause 4 of this Article; re-investigate labor accidents that have already been investigated by the grassroots accident investigation team upon complaints, denunciations, or when deemed necessary.

The members of the provincial accident investigation team include representatives from the provincial specialized inspection body for occupational safety and hygiene as the Team Leader and other members being representatives of the Department of Health, representatives of the Provincial Federation of Labor Unions, and other members.

3. The Minister of Labor, Invalids and Social Affairs or the authorized state agency shall establish a central accident investigation team to investigate labor accidents when the nature of the labor accident or the complexity of the investigation exceeds the capacity of the provincial accident investigation team; re-investigate labor accidents that have already been investigated by the provincial accident investigation team.

The members of the central accident investigation team include representatives from the Ministry of Labor, Invalids and Social Affairs, representatives from the Ministry of Health, representatives from the General Confederation of Labor Vietnam, and other members.

4. For accidents and incidents specified in point c, Clause 1, Article 34 of this Law, investigations shall be conducted according to specialized laws, labor laws, and involve cooperation with occupational safety and hygiene inspectors.

5. Employers and individuals related to labor accidents, technical incidents causing loss of workplace safety and hygiene, serious technical incidents causing loss of workplace safety and hygiene shall have the obligation to cooperate with the investigation teams, provide full relevant information and documents, and may not refuse or obstruct the investigation process.

In cases of accidents occurring during travel between home and workplace, the authorized state agency shall be responsible for providing the investigation team with one of the following documents:

a) Inspection records and diagrams of the accident scene;

b) Accident investigation records;

c) If there are no documents as stipulated in points a and b of this clause, then a confirmation of the accident by the police station in the locality where the accident occurred, upon request by the worker or the worker's relatives, is required.

6. The time limit for investigating labor accidents within the jurisdiction of the grassroots, provincial, and central accident investigation teams as stipulated in Clauses 1, 2, and 3 of this Article shall be calculated from the time of receiving reports of labor accidents until the publication of the accident investigation records as follows:

a) Not exceeding 04 days for minor labor accidents involving workers;

b) Not exceeding 07 days for severe labor accidents involving one worker;

c) Not exceeding 20 days for severe labor accidents involving two or more workers;

d) Not exceeding 30 days for fatal labor accidents; not exceeding 60 days for labor accidents requiring technical or forensic examination. In cases where the accidents exhibit criminal elements and are investigated by the investigative agency but later decided not to initiate a criminal case, the investigation period shall be counted from the time the accident investigation team receives all relevant materials, objects, and means related to the accident.

For labor accidents specified in points b, c, and d of this clause with complex circumstances, the investigation period may be extended once, but the extension period shall not exceed the prescribed periods; the Team Leader must report the extension and obtain approval from the decision-maker for establishing the accident investigation team for labor accidents specified in points b, c, and d of this clause.

7. During the investigation of labor accidents as stipulated in Clauses 1, 2, and 3 of this Article, if signs of criminal activity are discovered, the investigation team must report in writing, along with relevant documents and transfer related objects and means (if any) to the investigative agency for consideration and initiation of a criminal case according to the Criminal Procedure Law.

The deadline for handling requests for prosecution shall be carried out according to the Criminal Procedure Law; in cases where the investigative agency decides not to initiate a criminal case, within five days from the date of the decision not to initiate a criminal case, the investigative agency shall be responsible for providing and transferring to the accident investigation team all relevant documents, objects, and means related to the labor accident.

8. The accident investigation report must be publicly announced at a meeting chaired by the Head of the Accident Investigation Team and attended by members of the Accident Investigation Team, the employer or their authorized representative in writing, representatives of trade unions, the injured person or their relatives, persons who know about the incident, and those related to the accident; in cases where fatal accidents occur, representatives from the Public Security Agency and the People's Procuracy at the same level shall also attend.

The accident investigation report and the minutes of the meeting announcing the accident investigation report must be sent to agencies with members in the Accident Investigation Team, state management agencies for labor, employers of the workplace where the accident occurred, and the victims or relatives of the injured.

9. Responsibilities for announcing the accident investigation report and other necessary information related to the accident are as follows:

a) The employer is responsible for announcing the information if the accident investigation as stipulated in Clause 1 of this Article falls under the responsibility of the employer; the People's Committee of the commune shall announce the information if the accident is recorded by the People's Committee of the commune.

b) The Head of the Accident Investigation Team or the state agency primarily responsible for investigating accidents as stipulated in Clauses 2 and 3 of this Article shall be responsible for announcing the information.

c) The Head of the Accident Investigation Team or the state agency primarily responsible for investigating accidents shall be responsible for announcing the information, except where otherwise provided by specialized laws.

After receiving the accident investigation report and the minutes of the meeting announcing the accident investigation report, the employer must publicly post complete information so that workers at the workplace where the accident occurred are aware; in cases where the accident occurs to workers not employed under a labor contract, the People's Committee of the commune must publicly post the information so that the public is aware.

d) The Head of the Accident Investigation Team or the state agency primarily responsible for investigating accidents and technical incidents causing occupational safety and health hazards, as stipulated in Clause 4 of this Article, and serious technical incidents causing occupational safety and health hazards shall be responsible for publicly announcing the accident investigation report and other necessary information after the investigation period has ended, except where otherwise provided by specialized laws.

10. In cases where the investigation period for accidents, technical incidents causing occupational safety and health hazards, and serious technical incidents causing occupational safety and health hazards exceeds the time limit set forth in this Article, resulting in damage to the legitimate rights and interests of workers and employers, compensation must be provided according to the provisions of the law.

11. The Government shall provide detailed regulations on the classification, reporting, investigation, and reporting of accidents, technical incidents causing occupational safety and health hazards, serious technical incidents causing occupational safety and health hazards, and the handling of accident benefits for workers in cases where there is a decision to initiate criminal proceedings for the accident.

Article 36. Statistics and Reporting of Work Accidents and Serious Technical Incidents Affecting Workplace Safety and Health

Clause 1. Employers must conduct statistics and report work accidents and serious technical incidents affecting workplace safety and health at their facilities, and periodically every six months and annually report to provincial state labor management agencies, except where other specialized laws provide otherwise.

Clause 2. Every six months and annually, People's Committees at the commune level must conduct statistics and report work accidents and serious technical incidents affecting workplace safety and health related to workers not working under labor contracts as stipulated in Point d, Clause 1, Article 34 of this Law to People's Committees at the district level for consolidation and reporting to provincial state labor management agencies.

Clause 3. Provincial state labor management agencies shall be responsible for reporting work accidents and serious technical incidents affecting workplace safety and health that have been reported according to Clause 1 and Clause 2 of this Article to the Ministry of Labor, Invalids, and Social Affairs as follows:

a) Promptly report work accidents resulting in fatalities and serious technical incidents affecting workplace safety and health occurring within their jurisdiction.

b) Periodically every six months and annually submit reports on the situation of work accidents and serious technical incidents affecting workplace safety and health and occupational safety efforts within their jurisdiction.

Clause 4. Every six months and annually, the Ministry of Health shall conduct statistics on cases of workers who have suffered work accidents and received medical examination and treatment at healthcare facilities and send these statistics to the Ministry of Labor, Invalids, and Social Affairs for consolidation.

Clause 5. The Ministry of Labor, Invalids, and Social Affairs shall organize and guide the collection, storage, consolidation, provision, publication, and evaluation of information regarding work accidents and serious technical incidents affecting workplace safety and health; organize the construction and management of a national occupational safety database.

Article 37. Statistics and Reporting on Occupational Diseases

Clause 1. All workers suffering from occupational diseases must be recorded and reported in accordance with regulations issued by the Minister of Health. The list of occupational diseases shall be promulgated by the Minister of Health after soliciting opinions from the Ministry of Labor, Invalids, and Social Affairs, the Vietnam General Confederation of Labor, organizations representing employers, and relevant social organizations, and shall be reviewed and revised as necessary to reflect changes in the work environment, equipment, and technology.

Clause 2. Annually, employers must report and conduct statistics on prevention and control of occupational diseases to provincial state health management agencies for consolidation and reporting to the Ministry of Health.

Clause 3. Annually, the Ministry of Health shall send statistical and evaluative reports on occupational diseases and the implementation of prevention and control measures for occupational diseases to the Ministry of Labor, Invalids, and Social Affairs for consolidation and reporting to the Government.

Clause 4. The Ministry of Health shall organize and guide the collection, storage, consolidation, provision, publication, and evaluation of information regarding occupational diseases; organize the construction and management of a database on prevention and control of occupational diseases; organize investigations into occupational diseases.

Section 2

RESPONSIBILITIES OF EMPLOYERS TOWARDS WORKERS WHO HAVE SUFFERED WORK ACCIDENTS AND OCCUPATIONAL DISEASES

Article 38. Obligations of employers towards employees suffering from work-related accidents or occupational diseases

Employers shall be responsible for employees suffering from work-related accidents or occupational diseases as follows:

1. Provide prompt first aid and emergency care to employees who have suffered work-related accidents and must advance the costs of first aid, emergency care, and treatment for employees who have suffered work-related accidents or occupational diseases;

2. Pay medical expenses from the time of first aid and emergency care until stable recovery for those who have suffered work-related accidents or occupational diseases as follows:

a) Pay the portion of shared payment costs and other costs not covered by the health insurance fund for employees participating in health insurance;

b) Reimburse the fee for medical examination and assessment of reduced work capacity for cases where the conclusion of reduced work capacity is less than 5%, as introduced by the employer for the employee to undergo medical examination and assessment at the Medical Assessment Council;

c) Pay all medical expenses for employees not participating in health insurance;

3. Pay full wages to employees suffering from work-related accidents or occupational diseases who are required to take leave during treatment and rehabilitation;

4. Compensate employees suffering from work-related accidents that are not entirely due to their own fault and employees suffering from occupational diseases with the following levels:

a) At least 1.5 months' salary if there is a reduction in work capacity between 5% and 10%; thereafter, for each additional 1% reduction in work capacity from 11% to 80%, an additional 0.4 months' salary will be added;

b) At least 30 months' salary for employees whose work capacity is reduced by 81% or more, or for relatives of employees who died due to work-related accidents or occupational diseases;

5. Provide assistance to employees suffering from work-related accidents caused by their own fault with an amount of at least 40% of the level prescribed in Clause 4 of this Article corresponding to the degree of reduced work capacity;

6. Introduce employees suffering from work-related accidents or occupational diseases to undergo medical examinations to determine the degree of reduced work capacity, and to receive treatment, convalescence, and rehabilitation according to the provisions of the law;

7. Implement compensation and assistance for those suffering from work-related accidents or occupational diseases within five days from the date of the Medical Assessment Council's conclusion on the degree of reduced work capacity or from the date the Accident Investigation Team publishes the investigation report for fatal work-related accidents;

8. Arrange suitable work based on the health condition as concluded by the Medical Assessment Council for employees suffering from work-related accidents or occupational diseases after treatment and rehabilitation if they continue working;

9. Establish files to claim benefits related to work-related accidents or occupational diseases from the Work Injury and Occupational Disease Insurance Fund according to the provisions of Section 3 of this Chapter;

10. The salary used as the basis for implementing compensation and assistance, and the salary paid to employees taking leave due to work-related accidents or occupational diseases as stipulated in Clauses 3, 4, and 5 of this Article includes the base salary, salary allowances, and other supplementary amounts implemented according to the labor law regulations;

11. The Minister of Labor, Invalids, and Social Affairs shall provide detailed regulations for Clauses 3, 4, and 5 of this Article.

Article 39. Obligations of employers to compensate and provide allowances in special cases when workers suffer workplace accidents

1. In the case where a worker suffers a workplace accident while performing tasks or following the management of the employer outside the scope of the agency, enterprise, organization, cooperative, if caused by the fault of another person or if the person causing the accident cannot be identified, the employer must still compensate the worker according to the provisions of Clause 4, Article 38 of this Law.

2. In the case where a worker suffers an accident while traveling from their residence to the workplace or from the workplace back to their residence along a reasonable route and at a reasonable time, if caused by the fault of another person or if the person causing the accident cannot be identified, the employer must provide an allowance for the worker according to the provisions of Clause 5, Article 38 of this Law.

3. In the case where the employer has purchased accident insurance for the injured worker from units operating insurance service businesses, the injured worker shall receive compensation and allowances according to the signed contract with the insurance service business unit. If the amount paid by the insurance service business unit to the injured worker is lower than the level prescribed in Clause 4 and Clause 5, Article 38 of this Law, the employer must pay the shortfall so that the total amount received by the injured worker or the relatives of the injured worker is at least equal to the compensation and allowance levels prescribed in Clause 4 and Clause 5, Article 38 of this Law.

4. If the employer does not contribute to accident insurance and occupational disease insurance for workers who are required to participate in mandatory social insurance under the Social Insurance Law, in addition to compensating and providing allowances according to the provisions of Article 38 of this Law, the employer must also pay an amount corresponding to the accident insurance and occupational disease insurance benefits prescribed in Section 3 of Chapter IV of this Law when the worker suffers a workplace accident or occupational disease; the payment can be made in one lump sum or monthly according to the agreement of the parties, in case of disagreement, it will be implemented according to the request of the worker.

5. The Minister of Labor, Invalids and Social Affairs shall specify the detailed implementation of this Article.

Article 40. Cases where workers do not receive benefits from employers when suffering workplace accidents

1. Workers do not receive benefits from employers as stipulated in Articles 38 and 39 of this Law if they suffer accidents due to one of the following reasons:

a) Due to conflicts between the victim and the person causing the accident which are unrelated to the performance of work or labor tasks;

b) Due to the worker intentionally damaging their own health;

c) Due to using drugs or other addictive substances contrary to the provisions of the law.

2. The Minister of Labor, Invalids and Social Affairs shall specify the detailed implementation of this Article.

Section 3

ACCIDENT INSURANCE AND OCCUPATIONAL DISEASE BENEFITS REGIME

Article 41. Principles for implementing benefits for those suffering workplace accidents and occupational diseases from the Accident Insurance and Occupational Disease Fund

1. The Accident Insurance and Occupational Disease Fund is a component of the Social Insurance Fund; contributions, entitlements, management, and utilization of the fund are carried out according to the provisions of this Law and the Social Insurance Law.

2. The level of contribution to accident insurance and occupational disease insurance is calculated based on the monthly salary of the worker and is paid by the employer.

3. The level of allowance and support for those suffering workplace accidents and occupational diseases is calculated based on the degree of reduction in working capacity, the level of contribution, and the duration of contributions to the Accident Insurance and Occupational Disease Fund.

4. The implementation of accident insurance and occupational disease insurance must be simple, easy, convenient, ensuring timely and full rights and benefits for those participating in accident insurance and occupational disease insurance.

Article 42. Use of the Work Injury and Occupational Disease Insurance Fund

1. Pay examination and assessment fees for work-related injuries and occupational diseases for cases meeting the conditions to enjoy benefits as stipulated in Articles 45 and 46 of this Law; pay examination and assessment fees for workers who voluntarily undergo assessments of their reduced work capacity as provided for in point b, Clause 1 and Clause 3, Article 47 of this Law if the results meet the conditions to increase work injury and occupational disease benefits.

2. Provide one-time allowances, monthly allowances, and service allowances.

3. Provide support for living aids and orthopedic devices.

4. Provide health recovery expenses.

5. Provide support for prevention and risk sharing regarding work injuries and occupational diseases.

6. Support vocational conversion for workers suffering from work injuries or occupational diseases when returning to work.

7. Management costs for work injury and occupational disease insurance shall be implemented according to the provisions of the Social Insurance Law.

8. Pay health insurance premiums for workers receiving monthly work injury and occupational disease benefits.

Article 43. Application of Work Injury and Occupational Disease Insurance Benefits

1. The application of work injury and occupational disease insurance benefits as stipulated in this Section applies to workers participating in mandatory social insurance as provided for in points a, b, c, d, đ, e, and h, Clause 1, Article 2 and employers as provided for in Clause 3, Article 2 of the Social Insurance Law.

2. In cases where workers enter into labor contracts with multiple employers, each employer must contribute to work injury and occupational disease insurance according to each labor contract concluded if the worker is required to participate in mandatory social insurance. When suffering from work injuries or occupational diseases, the worker will be entitled to work injury and occupational disease insurance benefits according to the contribution and benefit principles prescribed by the Government.

Article 44. Contribution Rate and Sources Forming the Work Injury and Occupational Disease Insurance Fund

1. Employers must contribute up to 1% of the wage base for social insurance contributions of workers as stipulated in Article 43 of this Law to the Work Injury and Occupational Disease Insurance Fund on a monthly basis.

2. Sources forming the Work Injury and Occupational Disease Insurance Fund include:

a) Contributions from employers as stipulated in Clause 1 of this Article;

b) Proceeds from investment activities from the fund as provided for in Articles 90 and 91 of the Social Insurance Law;

c) Other legitimate sources of income.

3. Based on the ability to balance the Work Injury and Occupational Disease Insurance Fund, the Government shall provide detailed regulations on the contribution rate specified in Clause 1 of this Article.

Article 45. Conditions for Enjoying Work Injury Benefits

Workers participating in work injury and occupational disease insurance are entitled to work injury benefits if they meet the following conditions:

1. Suffering from an accident falling under one of the following circumstances:

a) At the workplace during working hours, including when performing necessary personal needs at the workplace or during working hours as allowed by the Labor Code and internal regulations of the production or business establishment, including rest breaks, mid-shift meals, physical nourishment supplements, menstrual hygiene, bathing, breastfeeding, and using the restroom;

b) Outside the workplace or outside working hours while performing tasks as requested by the employer or a person authorized in writing by the employer to directly manage the workforce;

c) On the route from residence to workplace or from workplace to residence within a reasonable time frame and route;

2. Reduced work capacity of 5% or more due to accidents as stipulated in Clause 1 of this Article;

3. Workers are not entitled to benefits paid by the Work Injury and Occupational Disease Insurance Fund if they fall under any of the reasons specified in Clause 1 of Article 40 of this Law.

Article 46. Conditions for Entitlement to Occupational Disease Benefits

1. Workers participating in work injury and occupational disease insurance shall be entitled to occupational disease benefits if they meet all of the following conditions:

a) They suffer from an occupational disease listed in the Occupational Disease List issued by the Minister of Health pursuant to Clause 1, Article 37 of this Law;

b) Their labor capacity has been reduced by 5% or more due to the occupational disease specified in point a of this clause.

2. Workers who have retired or ceased working in occupations or jobs with a risk of occupational diseases listed in the Occupational Disease List issued by the Minister of Health pursuant to Clause 1, Article 37 of this Law, and who are diagnosed with an occupational disease within the prescribed time period, shall be subject to examination to consider and resolve benefits according to the Government's regulations.

Article 47. Assessment of Labor Capacity Reduction

1. Workers suffering from work injuries or occupational diseases shall be assessed or reassessed regarding their labor capacity reduction when they fall under any of the following circumstances:

a) After the initial injury or illness, they have been treated and stabilized but still have residual effects impacting their health;

b) After recurrent injury or illness, they have been treated and stabilized;

c) In cases where the injury or occupational disease does not allow for stable treatment according to the regulations of the Minister of Health, workers may undergo assessment procedures before or during the treatment process.

2. Workers shall be comprehensively assessed regarding their labor capacity reduction when they fall under any of the following circumstances:

a) They have suffered both a work injury and an occupational disease;

b) They have suffered multiple work injuries;

c) They have multiple occupational diseases.

3. Workers specified in point b of Clause 1 of this Article shall be reassessed regarding their work injury or occupational disease after 24 months from the date on which the Medical Assessment Board concluded the previous labor capacity reduction rate; in cases where the nature of the occupational disease causes rapid deterioration of health, the reassessment period may be advanced according to the regulations of the Minister of Health.

Article 48. One-time Allowance

1. Workers whose labor capacity has been reduced by 5% to 30% shall be entitled to a one-time allowance.

2. The amount of the one-time allowance is stipulated as follows:

a) A 5% reduction in labor capacity entitles them to five times the basic wage, and for each additional 1% reduction thereafter, they are entitled to an additional half of the basic wage;

b) In addition to the allowance specified in point a of this clause, they also receive an additional allowance calculated based on the number of years contributed to the Work Injury and Occupational Disease Insurance Fund, up to one year being equivalent to half a month, and for each additional year contributed thereafter, an additional three-tenths of a month's wage from the immediately preceding month before the work injury or occupational disease diagnosis; in cases of work injury occurring in the first month of contribution or after a break in contributions, the wage basis for calculating this allowance is the wage of that month itself.

3. The Minister of Labor, Invalids, and Social Affairs shall provide detailed regulations on the calculation of work injury and occupational disease allowances in cases where workers change their benefit levels due to reassessment or comprehensive assessment.

Article 49. Monthly Allowance

1. Workers with a reduction in work capacity of 31% or more shall be entitled to monthly allowance.

2. The amount of monthly allowance is stipulated as follows:

a) A reduction of 31% in work capacity entitles the worker to receive 30% of the base salary level, and for each additional 1% reduction, an additional 2% of the base salary level is granted;

b) In addition to the monthly allowance specified in point a of this clause, the worker also receives an additional monthly allowance calculated based on the number of years contributed to the Work Injury Insurance Fund and Occupational Disease Fund, up to one year being calculated at 0.5%, and for each additional year contributed thereafter, an additional 0.3% of the salary paid into the fund in the immediately preceding month before the work injury accident or occupational disease diagnosis; in cases where the work injury accident occurs in the first month of contribution to the fund or after a period of interruption in contributions, the salary basis for calculating this allowance is the salary of that month.

3. Suspension and continuation of monthly work injury allowance and occupational disease allowance, as well as service allowance, shall be implemented according to the provisions of Article 64 of the Social Insurance Law; the file and procedure for continuing to receive monthly work injury allowance and occupational disease allowance shall be carried out according to the provisions of Articles 113 and 114 of the Social Insurance Law. In cases of suspension according to point c of Clause 1, Article 64 of the Social Insurance Law, the social insurance agency must notify in writing and specify the reasons; the decision to terminate benefits must be based on the conclusion and decision of the competent state authority.

4. Workers currently receiving monthly work injury allowance who move to another location within the country and wish to receive allowance at their new place of residence shall submit an application to the social insurance agency where they are currently receiving benefits. Within five days from the date of receipt of the application, the social insurance agency has the responsibility to process it; if not processed, a written response must be provided along with the specific reasons.

5. Workers currently receiving monthly work injury allowance and occupational disease allowance who leave the country for permanent settlement shall be granted a one-time allowance; the amount of the one-time allowance equals three months of the current monthly allowance. The file and procedure for granting a one-time allowance shall be carried out according to the provisions of Clause 2, Clause 3 of Article 109 and Clause 4 of Article 110 of the Social Insurance Law.

6. The amount of monthly work injury allowance and occupational disease allowance, as well as service allowance, shall be adjusted according to the provisions of the Social Insurance Law.

Article 50. Time of Entitlement to Allowance

1. The time of entitlement to allowance stipulated in Articles 48, 49, and 52 of this Law shall be counted from the month when the worker's treatment stabilizes and is discharged, or from the month when the Medical Examination Board issues its conclusion in cases where there is no inpatient treatment; in cases where the overall assessment of the degree of reduction in work capacity is conducted as stipulated in Clause 2, Article 47 of this Law, the time of allowance shall be counted from the month when the worker's treatment stabilizes and is discharged following the last work injury or occupational disease treatment, or from the month when the Medical Examination Board issues its overall assessment conclusion in cases where there is no inpatient treatment.

In cases where a work injury or occupational disease occurs but the time of stabilization and discharge cannot be determined subsequently, the time of entitlement to work injury and occupational disease allowance shall be counted from the month when the Medical Examination Board issues its conclusion; in cases where HIV/AIDS is contracted due to occupational risk, the time of entitlement to allowance shall be counted from the month when the worker is issued a Certificate of HIV/AIDS infection due to occupational risk.

2. In cases where workers undergo examination for the degree of reduction in work capacity as stipulated in point b of Clause 1 and Clause 2 of Article 47 of this Law, the time of entitlement to allowance shall be counted from the month when the Medical Examination Board issues its conclusion.

Article 51. Assistive living devices and orthopedic equipment

1. Workers who suffer from occupational accidents or occupational diseases resulting in impairment of bodily functions shall be provided with funds to purchase assistive living devices and orthopedic equipment based on the disability period, taking into account their health condition and disease status, and according to the prescription of medical examination and treatment facilities, orthopedic facilities, and functional rehabilitation facilities ensuring professional requirements and technical conditions.

2. The Minister of Labor, Invalids, and Social Affairs shall provide detailed regulations on types of assistive living devices and orthopedic equipment, the disability period, the amount of money for purchasing such devices and equipment, and the procedures and documentation for implementation.

Article 52. Service Allowance

Workers whose ability to work has been reduced by 81% or more due to paralysis of the spine, blindness in both eyes, amputation or paralysis of both limbs, or mental illness, in addition to the benefits stipulated in Article 49 of this Law, shall also receive a service allowance equal to the base wage monthly.

Article 53. Allowance when workers die due to occupational accidents or occupational diseases

Dependents of workers who die due to occupational accidents or occupational diseases shall receive a one-time allowance equivalent to thirty-six times the base wage at the month the worker died and shall enjoy the death benefit regime as prescribed by the Social Insurance Law if they fall under any of the following circumstances:

1. Workers who die during employment due to occupational accidents or occupational diseases;

2. Workers who die during the initial treatment period due to occupational accidents or occupational diseases;

3. Workers who die during the treatment period for injuries or illnesses before being assessed for the degree of reduction in working capacity. The application procedures for the death benefit regime in cases where workers die due to occupational accidents or occupational diseases shall be carried out in accordance with Clause 1, Article 111 of the Social Insurance Law.

Article 54. Rest and Health Recovery after Treatment for Injuries or Illnesses

1. After stabilizing from treatment for injuries caused by occupational accidents or occupational diseases, workers returning to work within the first 30 days and whose health has not yet recovered may take a rest and health recovery leave ranging from five to ten days for each occupational accident or occupational disease incident. If the Medical Assessment Board has not issued a conclusion on the degree of reduction in working capacity within the first 30 days of returning to work, the worker will still be entitled to the rest and health recovery leave for injuries or illnesses as stipulated in Clause 2 of this Article if the Medical Assessment Board concludes that the degree of reduction in working capacity meets the conditions for receiving occupational accident or occupational disease insurance benefits.

2. The number of days for rest and health recovery leave as stipulated in Clause 1 of this Article shall be decided by the employer and the Trade Union Committee of the workplace, or by the employer alone if the workplace has not established a Trade Union Committee. The duration of rest and health recovery leave is specified as follows:

a) A maximum of ten days for cases involving occupational accidents or occupational diseases with a reduction in working capacity of 51% or more;

b) A maximum of seven days for cases involving occupational accidents or occupational diseases with a reduction in working capacity of 31% to 50%;

c) A maximum of five days for cases involving occupational accidents or occupational diseases with a reduction in working capacity of 15% to 30%.

3. Workers as stipulated in Clause 1 of this Article shall receive one day's allowance equivalent to thirty percent of the base wage.

Article 55. Support for occupational skill transition for workers suffering from work-related accidents or occupational diseases when returning to work

1. In cases where workers suffering from work-related accidents or occupational diseases are assigned new jobs under the management authority as stipulated in Clause 8, Article 38 of this Law, if training is required for occupational skill transition, they shall be supported with tuition fees.

2. The level of support shall not exceed 50% of the tuition fee and shall not exceed fifteen times the minimum wage; the maximum number of support instances for each worker is two times and within one year, only one instance of support can be received.

Article 56. Support for preventive activities and risk-sharing regarding work-related accidents and occupational diseases

1. Annually, the Work Injury and Occupational Disease Insurance Fund allocates up to 10% of its revenue to support preventive activities and risk-sharing regarding work-related accidents and occupational diseases.

2. Supported preventive activities and risk-sharing regarding work-related accidents and occupational diseases include:

a) Medical examination and treatment of occupational diseases;

b) Rehabilitation of working capacity;

c) Re-investigation of work-related accidents and occupational diseases at the request of the social insurance agency;

d) Training on safety and hygiene for those participating in work injury and occupational disease insurance and those specified in Clause 1 and Clause 2, Article 14 of this Law.

3. The support for activities specified in Point a and Point b of Clause 2 of this Article does not include costs covered by the Health Insurance Fund according to the Health Insurance Law or costs already supported by the employer as stipulated in Clause 2, Article 38 of this Law.

4. The Government shall specify detailed conditions for support, application forms, levels of support, duration of support, procedures for support, authorities responsible for deciding on support, and implementation of the support policies stipulated in Articles 55 and 56 of this Law, ensuring the balance of the Work Injury and Occupational Disease Insurance Fund.

Article 57. Documents for Work Injury Benefits

1. Social Insurance Booklet.

2. Discharge certificate or copy of medical record after treatment for work-related accident for inpatient cases.

3. Report on the degree of reduction in working capacity by the Medical Appraisal Board.

4. Request for resolution of work injury benefits according to the form issued by the Vietnam Social Security after reaching consensus with the Ministry of Labor, Invalids and Social Affairs.

Article 58. Documents for Occupational Disease Benefits

1. Social Insurance Booklet.

2. Discharge certificate or copy of medical record after treatment for occupational disease; in cases where there is no inpatient treatment at a healthcare facility, a work-related disease diagnosis certificate must be provided.

3. Report on the degree of reduction in working capacity by the Medical Appraisal Board; in cases of HIV/AIDS infection due to occupational risks, it shall be replaced by a Certificate of HIV/AIDS infection due to occupational risks.

4. Request for resolution of occupational disease benefits according to the form issued by the Vietnam Social Security after reaching consensus with the Ministry of Labor, Invalids and Social Affairs.

Article 59. Resolution of Work Injury and Occupational Disease Insurance Benefits

1. The employer shall submit the documents to the social insurance agency within thirty days from the date of receiving all documents for work injury and occupational disease insurance benefits as stipulated in Articles 57 and 58 of this Law.

2. Within ten days from the date of receiving all documents, the social insurance agency shall be responsible for resolving work injury and occupational disease insurance benefits; in cases where resolution is not made, a written response with the reasons must be provided.

Article 60. Resolution of entitlement to recuperation allowance for health restoration after work-related accidents or occupational diseases

1. The employer shall prepare a list of employees who have received work injury insurance benefits or occupational disease insurance benefits but whose health has not yet recovered, and submit it to the social insurance agency within ten days from the date when the employee is determined to still be unwell according to Clause 1 of Article 54 of this Law.

2. Within ten days from receiving the list, the social insurance agency shall be responsible for resolving the recuperation allowance for health restoration for the employee and transferring the money to the employer; if it does not resolve, it must provide a written response and clearly state the reasons.

3. Within five days from receiving the money transferred by the social insurance agency, the employer shall be responsible for paying the allowance to the employee.

Article 61. Resolution of entitlement to work injury insurance benefits or occupational disease insurance benefits beyond the prescribed time limit

1. In cases where the resolution of entitlement to work injury insurance benefits or occupational disease insurance benefits exceeds the time limit stipulated in Article 59 and Clause 1 of Article 60 of this Law, a written explanation must be provided and the reasons clearly stated.

2. In cases where the resolution of entitlement to work injury insurance benefits or occupational disease insurance benefits and payment of allowances are delayed beyond the prescribed time limit, causing damage to the rights and legitimate interests of the beneficiaries, compensation must be provided according to the provisions of the law, except in cases where the delay is due to the fault of the employee themselves or their dependents entitled to survivor benefits.

Article 62. Documentation and procedures for medical examination and assessment of reduced working capacity for resolution of work injury insurance benefits or occupational disease insurance benefits

1. The documentation and procedures for medical examination and assessment of reduced working capacity for resolution of work injury insurance benefits or occupational disease insurance benefits shall be regulated by the Minister of Health.

2. Medical examinations and assessments of reduced working capacity must ensure accuracy, transparency, and fairness. The medical appraisal board shall be responsible for the accuracy of its appraisal results according to the provisions of the law.

Chapter IV

SAFEGUARDING WORKPLACE HEALTH AND SAFETY FOR CERTAIN SPECIAL LABORERS

Article 63. Workplace safety and hygiene for female workers, juvenile workers, and workers with disabilities

Regulations on workplace safety and hygiene for female workers, juvenile workers, and workers with disabilities shall be implemented in accordance with the Labor Code, the Law on Persons with Disabilities, and this Law.

Article 64. Conditions for employing senior workers in heavy, hazardous, or dangerous jobs

1. Senior workers may only be employed in heavy, hazardous, or dangerous jobs, including particularly heavy, hazardous, or dangerous jobs that adversely affect the health of senior workers, if all of the following conditions are met:

a) The senior worker has high experience and skill with at least fifteen years of professional tenure; holds a trade certificate or is recognized as a master craftsman according to the law;

b) The senior worker has sufficient health to perform heavy, hazardous, or dangerous jobs according to the health standards issued by the Minister of Health after consulting relevant ministries;

c) They can only be employed for no more than five years each;

d) There must be at least one non-senior worker working alongside them;

đ) There must be voluntary agreement from the senior worker regarding job assignment.

2. The Government shall provide detailed regulations for this Article.

Article 65. Safety and hygiene at work in cases of labor dispatching

1. The labor dispatching enterprise shall have the following responsibilities:

a) Agree with the enterprise receiving dispatched workers on ensuring the rights and legitimate interests regarding safety and hygiene at work for dispatched workers, but not lower than those of workers of the enterprise receiving dispatched workers who have the same qualifications, perform the same job or jobs of equal value; incorporate the agreed contents into the labor dispatching contract and fulfill the obligations of the employer as prescribed by the Labor Code and this Law;

b) Coordinate and inspect the enterprise receiving dispatched workers to ensure safety and hygiene at work for dispatched workers. In case the enterprise receiving dispatched workers does not fully implement the commitments on ensuring safety and hygiene at work in the signed labor dispatching contract, the labor dispatching enterprise shall be responsible for ensuring all benefits of the dispatched workers;

c) Retain relevant records on safety and hygiene at work concerning dispatched workers; report workplace accidents and occupational diseases as prescribed in Articles 36 and 37 of this Law;

2. The enterprise receiving dispatched workers shall have the following responsibilities:

a) Fully implement the commitments in the labor dispatching contract; not discriminate against dispatched workers in terms of safety and hygiene at work compared to its own workers;

b) When a workplace accident occurs or a technical incident causes loss of safety and hygiene at work for dispatched workers, it must promptly provide first aid and emergency care to the victim, while immediately notifying the labor dispatching enterprise and implementing reporting and investigation as prescribed in Articles 34 and 35 of this Law;

c) Organize training on safety and hygiene at work for dispatched workers as prescribed by this Law, except when the labor dispatching enterprise has organized appropriate training for the work assigned to dispatched workers; compile and submit reports on workplace accidents and occupational diseases of dispatched workers every six months and annually to the labor dispatching enterprise;

d) Coordinate with the labor dispatching enterprise in investigating workplace accidents; retain relevant records on safety and hygiene at work concerning dispatched workers;

3. Dispatched workers must comply with internal regulations, procedures, and measures to ensure safety and hygiene at work of the enterprise receiving dispatched workers;

4. The Government shall specify detailed regulations on safety and hygiene at work in cases of labor dispatching; the responsibilities of the labor dispatching enterprise and the enterprise receiving dispatched workers towards dispatched workers, ensuring the rights and interests of dispatched workers in accordance with the provisions of the Labor Code and this Law;

Article 66. Safety and hygiene at work in places where many workers from different employers work together

At workplaces where many workers from different employers work together, the project owner or investor must organize for the employers to jointly establish a document clearly defining each party's responsibility in ensuring safety and hygiene at work for workers and appoint personnel to coordinate in inspecting safety and hygiene at work.

Article 67. Occupational Safety and Health for Vietnamese Workers Working Abroad

1. Vietnamese workers working abroad as stipulated in this Article include Vietnamese workers performing tasks abroad dispatched by employers and Vietnamese workers working abroad under contracts as prescribed in the Law on Vietnamese Workers Going to Work Abroad Under Contracts.

2. Employers must comply with occupational safety and health regulations of the host country's laws and must also comply with the following provisions:

a) Ensuring the full implementation of occupational safety and health measures, work injury insurance regimes, occupational diseases, and the responsibilities of employers towards workers as provided for in this Law; in cases where the host country’s regulations regarding these regimes are more favorable to workers, they shall be implemented according to the host country’s regulations;

b) Cooperating with competent authorities of the host country in conducting investigations into accidents and illnesses affecting workers;

c) In cases of fatal work accidents or serious work accidents, providing relevant files and documents related to the work accident to the Labor Safety and Health Inspectorate at the provincial level in Vietnam where the employer's headquarters is located.

3. Vietnamese workers working abroad must comply with Vietnamese laws and the laws of the host country, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 68. Occupational Safety and Health for Domestic Workers

1. Employers have the responsibility to guide the use of machinery, equipment, utensils, fire prevention and explosion control measures within the household that are related to the work of domestic workers; implementing relevant regimes to ensure the safety and health care of domestic workers.

2. Domestic workers have the responsibility to strictly follow the guidance on the use of machinery, equipment, utensils, and fire prevention and explosion control.

3. The Minister of Labor, Invalids, and Social Affairs shall specify in detail the contents of occupational safety and health applicable to domestic workers.

Article 69. Occupational Safety and Health for Workers Receiving Work to Be Done at Home

1. When workers agree in writing with employers about receiving work to be done at home based on the condition that the worker ensures the occupational safety and health requirements for the assigned work at home.

2. If a work accident occurs while working at home, the worker or their relatives must immediately report it to the employer.

In cases where the person injured in a work accident has participated in work injury insurance, occupational disease insurance, then the policies and regimes related to persons injured in work accidents and occupational diseases will be resolved according to the provisions of this Law.

In cases where the person injured in a work accident falls under the category of not having to participate in work injury insurance, occupational disease insurance, the employer shall be responsible for resolving the rights and interests of the worker according to the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 10 of Article 38 of this Law.

3. Employers have the responsibility to inspect the occupational safety and health conditions of the workplace for workers receiving work to be done at home; fulfilling commitments made in agreements with workers receiving work to be done at home; reporting work accidents occurring when working at home along with the general work accident reports as stipulated in Article 36 of this Law.

Article 70. Safety and hygiene at work for students, trainees, apprentices, and probationers

1. Educational institutions and vocational training centers shall be responsible for ensuring conditions for safety and hygiene at work for students, trainees, and apprentices during practical training and vocational learning as provided for workers under Articles 15, 16, 18, 19, 20, 23, 24, 25, and Clause 1 of Article 27 of this Law.

2. Employers shall be responsible for implementing regulations on safety and hygiene at work for trainees, apprentices, and probationers as provided for workers under this Law, including cases of workplace accidents.

3. Students, trainees, and apprentices during practical training and vocational learning must comply with regulations on safety and hygiene at work set by educational institutions and vocational training centers. In case of workplace accidents during practical training, students and trainees shall be supported according to government regulations.

Chapter V

SAFETY AND HYGIENE AT WORK FOR PRODUCTION AND BUSINESS ESTABLISHMENTS

Article 71. Implementation of safety and hygiene at work in production and business establishments

1. When organizing the implementation of safety and hygiene at work, production and business establishments, in addition to complying with regulations on safety and hygiene at work stipulated in Chapters I, II, III, and IV of this Law, must also implement the provisions of this Chapter.

2. Management boards of economic zones, industrial parks, export processing zones, and high-tech zones shall be responsible for directing the organization of safety and hygiene at work for production and business establishments within their jurisdiction; coordinating to organize inspections on activities related to safety and hygiene at work and reporting on such activities to labor management authorities within their jurisdiction, except where specialized laws provide otherwise.

3. Based on the scale, nature of work, risk of workplace accidents, occupational diseases, working conditions, the Government shall detail the application of regulations on safety and hygiene at work of this Law to other establishments and management boards of economic zones, industrial parks, export processing zones, and high-tech zones as stipulated in Clause 2 of this Article, in accordance with working conditions, organizational structure, staffing, functions, tasks, and other relevant specialized legal provisions.

Article 72. Occupational Safety and Health Department

1. Depending on the scale, nature of work, risk of workplace accidents, occupational diseases, and working conditions, employers must arrange personnel to perform occupational safety and health work or establish an occupational safety and health department at the establishment. The Government shall detail this provision.

2. Personnel performing occupational safety and health work or the occupational safety and health department shall have the following responsibilities:

a) Developing internal rules, procedures, and measures to ensure safety and hygiene at work; preventing fires and explosions;

b) Developing and supervising the implementation of annual safety and hygiene at work plans; assessing risks and developing emergency response plans;

c) Managing and monitoring declarations, inspections, and testing of machinery, equipment, materials, and substances with strict requirements for safety and hygiene at work;

d) Organizing information dissemination, education, and training on safety and hygiene at work; first aid, emergency care, and prevention of occupational diseases for workers;

đ) Organizing self-inspections on safety and hygiene at work; investigating workplace accidents and technical incidents causing loss of safety and hygiene at work as prescribed by law;

e) Leading and coordinating with medical departments to monitor and control hazardous factors and harmful elements;

g) Summarizing and proposing solutions to the employer regarding recommendations from inspection teams, workers, and trade union bodies concerning safety and hygiene at work;

h) Cooperating with the Trade Union Committee to guide the performance of occupational safety and health officers' duties;

i) Organizing competitions, rewards, disciplinary actions, statistics, and reports on safety and hygiene at work.

3. Personnel performing occupational safety and health work or the occupational safety and health department shall have the following rights:

a) Requesting the person in charge of production units to issue orders to stop work or deciding to temporarily halt work in emergencies when discovering potential hazards that could lead to workplace accidents to implement safety and hygiene at work measures, while simultaneously reporting to the employer;

b) Halting the operation of machinery and equipment that do not meet safety standards or have exceeded their service life;

c) Being allocated time by the employer to attend training courses and improve skills in occupational safety and health as prescribed by law.

4. Personnel performing occupational safety and health work must have expertise and practical knowledge of technical skills and the operational activities of the establishment.

5. If a production or business establishment cannot arrange personnel or establish an occupational safety and health department as required under Clauses 1 and 4 of this Article, it must hire organizations with sufficient capacity as prescribed by law to carry out the tasks of occupational safety and health as stipulated in Clause 2 of this Article.

Article 73. Medical Unit

1. Depending on the scale, nature of work, risk of occupational accidents, occupational diseases, and working conditions, employers must arrange for medical personnel or establish a medical unit responsible for caring for and managing the health of workers. The Government shall provide detailed regulations on this matter.

2. Medical personnel and the medical unit shall have the following main responsibilities to advise and assist employers and directly manage the health of workers:

a) Develop first aid plans, equipment, essential medicines, and emergency situations for occupational accidents, organize training in first aid and emergency response for workers at the workplace;

b) Develop plans and organize health check-ups, occupational disease detection, medical assessments to determine the degree of reduced work capacity due to occupational accidents and occupational diseases, convalescence and functional recovery, advice on preventive measures against occupational diseases; propose and arrange suitable job positions based on the health of workers;

c) Organize routine medical examinations and treatments at the workplace, and provide first aid and emergency response for those injured in occupational accidents or technical incidents causing loss of safety and hygiene at the workplace according to regulations;

d) Promote information on workplace hygiene, prevention of occupational diseases, and improvement of health at the workplace; inspect compliance with hygiene rules, organization of disease prevention, and food safety for workers at the workplace; implement material compensation as prescribed;

đ) Maintain and manage information on workplace hygiene and labor activities; organize monitoring of the work environment to assess harmful factors; manage health records of workers and health records of those suffering from occupational diseases (if any);

e) Coordinate with the safety and hygiene unit to perform related tasks as stipulated in Clause 2 of Article 72 of this Law.

3. Medical personnel and the medical unit shall have the following rights:

a) Request the production supervisor to issue orders to stop work or decide to temporarily halt work in urgent cases when signs of violations or risks affecting the health, illness, or sickness of workers are discovered, while reporting such situations to the employer; manage medical equipment and medicines for first aid and emergency response at the workplace; instruct workers at the workplace on first aid and emergency response;

b) Stop the use of substances that do not comply with safety and hygiene regulations at the workplace;

c) Be arranged by the employer to participate in meetings, conferences, and transactions with local health authorities or health departments to enhance professional skills and coordinate work;

4. Medical personnel at the workplace must have a medical professional qualification and a certificate confirming expertise in occupational health.

5. In cases where the workplace cannot arrange for medical personnel or establish a medical unit as prescribed in Clauses 1 and 4 of this Article, it must enter into a contract with a medical examination and treatment facility with sufficient capacity as prescribed by the Minister of Health to carry out the health care tasks for workers as stipulated in Clause 2 of this Article.

Article 74. Occupational Safety and Health Representatives

1. Each production team in production and business establishments must have at least one occupational safety and health representative on duty during working hours. The employer shall issue a decision to establish and promulgate the operational regulations of the network of occupational safety and health representatives after reaching consensus with the Trade Union Executive Board if the production and business establishment has established a Trade Union Executive Board.

2. An occupational safety and health representative is a direct worker who is knowledgeable about occupational safety and health expertise and technology; voluntarily and exemplary in complying with occupational safety and health regulations and is elected by workers in the team.

3. Occupational safety and health representatives operate under the management and guidance of the Trade Union Executive Board based on the operational regulations of the network of occupational safety and health representatives; collaborate on occupational safety and health expertise and technology during the performance of tasks with personnel engaged in occupational safety and health work or the occupational safety and health management department, medical personnel or the medical department at the establishment.

4. Occupational safety and health representatives have the following obligations:

a) Urge, remind, and guide all members of the team, squad, workshop to strictly comply with regulations on occupational safety and health, maintain safety equipment, personal protective equipment; remind team leaders, squad leaders, supervisors to comply with occupational safety and health regulations;

b) Monitor the implementation of standards, norms, procedures, internal regulations on occupational safety and health, identify deficiencies and violations of occupational safety and health, situations where machines, equipment, materials, substances, and workplaces are unsafe and unhygienic;

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

d) Recommend to the team leader or higher authority to fully implement labor protection systems, measures to ensure occupational safety and health, and promptly address situations where machines, equipment, materials, substances, and workplaces are unsafe and unhygienic;

đ) Report to the trade union organization or labor inspector when discovering violations of occupational safety and health regulations at the workplace or situations where machines, equipment, materials, substances with strict requirements for occupational safety and health have been recommended to the employer but not addressed.

5. Occupational safety and health representatives have the following rights:

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

b) To allocate part of their working time to perform the duties of an occupational safety and health representative but still receive wages for the time spent performing these duties and enjoy responsibility allowances. The level of responsibility allowance is agreed upon by the employer and the Trade Union Executive Board and recorded in the operational regulations of the network of occupational safety and health representatives;

c) To require workers in the team to stop work to implement measures to ensure occupational safety and health if they see a direct risk of accidents or occupational injuries and bear responsibility for that decision;

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

Article 75. Workplace Occupational Safety and Health Council

1. Based on the scale, nature of work, risk of occupational accidents, occupational diseases, and working conditions, the employer establishes a Workplace Occupational Safety and Health Council. The Government shall provide detailed regulations on this matter.

2. The Workplace Occupational Safety and Health Council has the following responsibilities and powers:

a) Advise and cooperate with the employer in developing internal regulations, procedures, plans, and measures to ensure occupational safety and health at production and business establishments;

b) Annually organize dialogue sessions at the workplace between workers and employers to share information, enhance understanding, and promote improvements in fair, safe working conditions for workers; improve the effectiveness of policies and laws on occupational safety and health at production and business establishments;

c) Organize inspections of the implementation of occupational safety and health work at production and business establishments;

d) Require the employer to take measures to address and rectify if a risk of occupational safety and health hazards is identified.

3. The composition of the Workplace Occupational Safety and Health Council includes:

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

b) A representative of the Trade Union Executive Board or a representative of the workforce where there is no trade union organization as Vice Chairperson of the Council;

c) Personnel engaged in occupational safety and health work at production and business establishments as permanent members and secretary of the Council;

d) Medical personnel at production and business establishments;

đ) Other relevant members. The composition of the Workplace Occupational Safety and Health Council must ensure a proportionate participation of female members in accordance with gender equality principles and actual conditions at production and business establishments.

Article 76. Occupational Safety and Health Plan

1. Every year, employers must develop and implement an occupational safety and health plan. For work tasks arising during the year, relevant content must be supplemented into the occupational safety and health plan.

2. The development of the occupational safety and health plan must take into account the opinions of the grassroots trade union executive committee and be based on the following grounds:

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

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

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

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

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

a) Technical measures for occupational safety and fire prevention;

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

c) Provision of personal protective equipment for workers;

d) Health care for workers;

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

Article 77. Risk Assessment for Occupational Safety and Health

1. Risk assessment for occupational safety and health involves analyzing and identifying risks and hazards at the workplace to proactively prevent work accidents, occupational diseases, and improve working conditions.

2. Employers must organize risk assessments and guide workers to self-assess risks for occupational safety and health before starting work, regularly during the work process, or when necessary.

3. In industries and occupations with high risks of work accidents and occupational diseases, risk assessments for occupational safety and health must be compulsorily applied and included in internal regulations and work procedures.

4. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations for Clause 2 and Clause 3 of this Article after consulting with the Minister of Health.

Article 78. Emergency Response Plan

1. Based on the risk of work accidents and illnesses occurring at the workplace and legal provisions, employers must develop an emergency response plan at the workplace.

2. The emergency response plan must include the following main contents:

a) Evacuation plans for workers from dangerous areas;

b) First aid and rescue measures for injured persons;

c) Measures to prevent and mitigate consequences caused by incidents;

d) Equipment for emergency response;

đ) On-site emergency response forces; coordination plans with external forces; drill plans.

3. Procedures, formalities, and approval authority for the emergency response plan shall be carried out in accordance with legal provisions.

Article 79. Organization of Emergency Response Forces

1. At workplaces with hazardous factors that pose a risk of work accidents, employers have the responsibility to organize specialized or semi-specialized emergency response forces as prescribed and train first aid and rescue skills for workers.

2. Emergency response forces must be equipped with technical and medical equipment to ensure timely emergency response, first aid, and rescue, and must be trained.

3. The Minister of Health shall provide detailed regulations on the organization, equipment, and training for first aid and rescue forces at workplaces.

Article 80. Self-inspection for Occupational Safety and Health

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

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

3. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations for this Article after consulting with the Minister of Health.

Article 81. Statistics and Reporting on Occupational Safety and Health

1. Annually, employers must conduct statistics and report on occupational safety and health at the workplace as follows:

a) Report on occupational safety and health activities to labor management agencies and health management agencies at the provincial level, except where otherwise provided by specialized laws;

b) Statistics and reporting on work accidents, occupational diseases, and serious technical incidents causing loss of occupational safety and health in accordance with Articles 36 and 37 of this Law.

2. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations for point a of Clause 1 of this Article after consulting with the Minister of Health.

Chapter VI

 STATE MANAGEMENT OF OCCUPATIONAL SAFETY AND HEALTH

Article 82. Contents of State Management on Occupational Safety and Health

1. Issuing and organizing the implementation of legal normative documents on occupational safety and health; building, issuing, or announcing national technical standards and regulations on occupational safety and health, local technical standards on occupational safety and health within the scope of management authority assigned.

2. Propagating, disseminating, and educating laws on occupational safety and health.

3. Monitoring, statistics, and providing information on work accidents and occupational diseases; building programs and national files on occupational safety and health.

4. Managing organizations and activities of service organizations in the field of occupational safety and health.

5. Organizing and conducting research and application of science and technology on occupational safety and health.

6. Inspecting, supervising, handling complaints, denunciations, and dealing with violations of laws on occupational safety and health.

7. Training and nurturing knowledge on occupational safety and health.

8. International cooperation on occupational safety and health.

Article 83. Responsibilities for State Management on Occupational Safety and Health

1. The Government uniformly manages state affairs on occupational safety and health.

2. The Ministry of Labor, Invalids, and Social Affairs is responsible to the Government for uniformly implementing state management on occupational safety and health.

3. Ministries and agencies at the level of ministries within their respective tasks and powers have the responsibility to implement state management on occupational safety and health.

4. People's Committees at all levels within their respective tasks and powers implement state management on occupational safety and health.

Article 84. Responsibilities for State Management on Occupational Safety and Health of the Minister of Labor, Invalids, and Social Affairs

1. Leading the drafting and submitting to competent state agencies for issuance or issuing within the scope of authority and organizing the implementation of laws, policies, plans on occupational safety and health, national programs on occupational safety and health; establishing national files on occupational safety and health.

2. Issuing a list of types of machinery, equipment, materials, substances with strict requirements for occupational safety and health as stipulated in Clause 2, Article 28 of this Law; leading the implementation of state management over training activities on occupational safety and health and inspection activities of machinery, equipment, materials with strict requirements for occupational safety.

3. Xây dựng hoặc tham gia ý kiến theo thẩm quyền các tiêu chuẩn, quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động theo quy định tại Điều 87 của Luật này.

4. Theo dõi, tổng hợp, cung cấp thông tin về an toàn, vệ sinh lao động; thống kê về an toàn, vệ sinh lao động theo quy định của pháp luật về thống kê.

5. Chủ trì tổ chức thực hiện tuyên truyền, phổ biến, giáo dục pháp luật về an toàn, vệ sinh lao động; phòng ngừa sự cố kỹ thuật gây mất an toàn, vệ sinh lao động, tai nạn lao động, bệnh nghề nghiệp.

6. Trình Chính phủ quyết định biện pháp xử lý trong trường hợp cần thiết để bảo vệ quyền, lợi ích chính đáng về bảo hiểm tai nạn lao động, bệnh nghề nghiệp của người lao động.

7. Thanh tra, kiểm tra, xử lý vi phạm pháp luật về an toàn, vệ sinh lao động; thực hiện, phối hợp điều tra tai nạn lao động, sự cố kỹ thuật gây mất an toàn, vệ sinh lao động; kiến nghị với Bộ Công an, Viện kiểm sát nhân dân tối cao điều tra, xử lý tai nạn lao động có dấu hiệu tội phạm.

8. Hợp tác quốc tế về an toàn, vệ sinh lao động.

Điều 85. Trách nhiệm quản lý nhà nước về an toàn, vệ sinh lao động của Bộ trưởng Bộ Y tế

1. Xây dựng, trình cơ quan nhà nước có thẩm quyền ban hành hoặc ban hành theo thẩm quyền văn bản quy phạm pháp luật về quan trắc môi trường lao động; đánh giá, kiểm soát, quản lý các yếu tố có hại tại nơi làm việc; quản lý, tổ chức quan trắc môi trường lao động.

2. Xây dựng tiêu chuẩn, quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động đối với các yếu tố vệ sinh lao động trong môi trường lao động; tham gia ý kiến về nội dung vệ sinh lao động theo thẩm quyền quy định tại khoản 5 Điều 87 của Luật này.

3. Hướng dẫn theo thẩm quyền công tác quản lý vệ sinh lao động, phòng, chống bệnh nghề nghiệp.

4. Hướng dẫn việc khám sức khỏe người lao động, khám phát hiện bệnh nghề nghiệp, giám định mức suy giảm khả năng lao động, điều trị, phục hồi chức năng đối với người lao động bị tai nạn lao động, bệnh nghề nghiệp, quản lý hồ sơ sức khỏe lao động.

5. Phối hợp với Bộ Lao động - Thương binh và Xã hội xây dựng nội dung huấn luyện về vệ sinh lao động; tuyên truyền, phổ biến, giáo dục pháp luật về vệ sinh lao động.

6. Xây dựng, ban hành và định kỳ rà soát sửa đổi, bổ sung Danh mục bệnh nghề nghiệp theo quy định tại khoản 1 Điều 37 của Luật này; tổ chức giám định bệnh nghề nghiệp; xây dựng và ban hành tiêu chuẩn sức khỏe cho từng loại nghề, công việc sau khi có ý kiến của các bộ, ngành có liên quan.

7. Theo dõi, tổng hợp, cung cấp thông tin về công tác vệ sinh lao động; thống kê, xây dựng cơ sở dữ liệu về bệnh nghề nghiệp; quản lý sức khỏe người lao động tại nơi làm việc.

8. Phối hợp với Bộ Lao động - Thương binh và Xã hội xây dựng tiêu chí đánh giá cho Danh mục nghề, công việc nặng nhọc, độc hại, nguy hiểm và đặc biệt nặng nhọc, độc hại, nguy hiểm.

9. Phối hợp với Bộ Lao động - Thương binh và Xã hội thanh tra, kiểm tra chấp hành pháp luật về vệ sinh lao động theo quy định của pháp luật.

10. Hằng năm, gửi Bộ Lao động - Thương binh và Xã hội báo cáo về tình hình thực hiện chính sách, pháp luật về an toàn, vệ sinh lao động trong lĩnh vực quản lý.

Điều 86. Trách nhiệm quản lý nhà nước về an toàn, vệ sinh lao động của Ủy ban nhân dân các cấp

1. Xây dựng, trình cơ quan nhà nước có thẩm quyền ban hành hoặc ban hành theo thẩm quyền văn bản quy phạm pháp luật, quy chuẩn kỹ thuật địa phương.

2. Chịu trách nhiệm quản lý an toàn, vệ sinh lao động tại địa phương; xây dựng và tổ chức thực hiện chính sách, pháp luật về an toàn, vệ sinh lao động tại địa phương.

3. Hằng năm, báo cáo về tình hình thực hiện chính sách, pháp luật an toàn, vệ sinh lao động tại địa phương với Hội đồng nhân dân cùng cấp hoặc báo cáo đột xuất theo yêu cầu của cơ quan nhà nước có thẩm quyền theo quy định của pháp luật.

4. Hằng năm, bố trí nguồn lực tổ chức tuyên truyền, phổ biến, giáo dục pháp luật về an toàn, vệ sinh lao động trên địa bàn phù hợp với điều kiện cụ thể của địa phương; ưu tiên việc tuyên truyền, phổ biến, giáo dục pháp luật về an toàn, vệ sinh lao động cho người lao động làm việc không theo hợp đồng lao động tại địa phương.

5. Thanh tra, kiểm tra, xử lý theo thẩm quyền các hành vi vi phạm pháp luật về an toàn, vệ sinh lao động tại địa phương.

Điều 87. Trách nhiệm xây dựng, công bố các tiêu chuẩn quốc gia về an toàn, vệ sinh lao động và xây dựng, ban hành các quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động

1. Bộ Khoa học và Công nghệ phê duyệt kế hoạch xây dựng tiêu chuẩn quốc gia về an toàn, vệ sinh lao động và công bố tiêu chuẩn quốc gia về an toàn, vệ sinh lao động.

2. Bộ Lao động - Thương binh và Xã hội chủ trì, phối hợp với các bộ, cơ quan ngang bộ có liên quan tổ chức lập kế hoạch xây dựng các quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động.

3. Bộ, cơ quan ngang bộ chủ trì xây dựng các tiêu chuẩn quốc gia về an toàn, vệ sinh lao động và xây dựng, ban hành quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động trong phạm vi quản lý được Chính phủ phân công sau khi có ý kiến thống nhất của Bộ Lao động - Thương binh và Xã hội; trường hợp không thống nhất ý kiến, cơ quan chủ trì xây dựng tiêu chuẩn quốc gia, quy chuẩn kỹ thuật quốc gia báo cáo

4. Bộ Lao động - Thương binh và Xã hội xây dựng các tiêu chuẩn quốc gia, ban hành quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động thuộc thẩm quyền quản lý theo quy định tại khoản 3 Điều này; có trách nhiệm phối hợp với các bộ, cơ quan ngang bộ trình

5. Bộ Y tế xây dựng tiêu chuẩn quốc gia về an toàn, vệ sinh lao động ban hành quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động thuộc thẩm quyền quản lý theo quy định tại Điều 85 của Luật này; có ý kiến thống nhất về nội dung vệ sinh lao động trong quá trình các bộ, cơ quan ngang bộ xây dựng các tiêu chuẩn quốc gia, quy chuẩn kỹ thuật quốc gia về an toàn, vệ sinh lao động.

Điều 88. Hội đồng quốc gia về an toàn, vệ sinh lao động, Hội đồng an toàn, vệ sinh lao động cấp tỉnh

1. Hội đồng quốc gia về an toàn, vệ sinh lao động là tổ chức tư vấn cho Chính phủ trong việc xây dựng mới hoặc sửa đổi, bổ sung chính sách, pháp luật về an toàn, vệ sinh lao động. Hội đồng do

2. Hội đồng an toàn, vệ sinh lao động cấp tỉnh là tổ chức tư vấn cho Ủy ban nhân dân trong việc tổ chức thực hiện chính sách, pháp luật về an toàn, vệ sinh lao động tại địa phương. Hội đồng do Chủ tịch Ủy ban nhân dân cấp tỉnh thành lập, bao gồm đại diện Sở Lao động - Thương binh và Xã hội, Sở Y tế, Liên đoàn Lao động, Hội nông dân, một số doanh nghiệp, cơ quan, tổ chức và chuyên gia, nhà khoa học về lĩnh vực an toàn, vệ sinh lao động tại địa phương.

3. Hằng năm, Hội đồng an toàn, vệ sinh lao động có trách nhiệm tổ chức đối thoại nhằm chia sẻ thông tin, tăng cường sự hiểu biết giữa người sử dụng lao động, người lao động, tổ chức công đoàn, tổ chức đại diện người sử dụng lao động và các cơ quan nhà nước để thúc đẩy việc cải thiện các điều kiện làm việc công bằng, an toàn cho người lao động, nâng cao hiệu quả xây dựng, thực hiện chính sách, pháp luật về an toàn, vệ sinh lao động.

4. Chính phủ quy định chi tiết việc thành lập, chức năng, nhiệm vụ, tổ chức và hoạt động của Hội đồng quốc gia về an toàn, vệ sinh lao động và Hội đồng an toàn, vệ sinh lao động cấp tỉnh.

Điều 89. Thanh tra an toàn, vệ sinh lao động

1. Thanh tra an toàn, vệ sinh lao động là thanh tra chuyên ngành thuộc cơ quan thực hiện quản lý nhà nước về lao động cấp trung ương và cấp tỉnh.

2. Việc thanh tra an toàn, vệ sinh lao động trong các lĩnh vực phóng xạ, thăm dò, khai thác dầu khí, các phương tiện vận tải đường sắt, đường thủy, đường bộ, đường hàng không và các đơn vị thuộc lực lượng vũ trang nhân dân do các cơ quan quản lý nhà nước về lĩnh vực đó thực hiện với sự phối hợp của thanh tra an toàn, vệ sinh lao động.

3. Chính phủ quy định chi tiết về tổ chức và hoạt động của thanh tra an toàn, vệ sinh lao động quy định tại khoản 1 Điều này và cơ chế phối hợp liên ngành quy định tại khoản 2 Điều này.

Điều 90. Xử lý vi phạm pháp luật về an toàn, vệ sinh lao động

1. Người nào vi phạm, pháp luật về an toàn, vệ sinh lao động thì tùy theo tính chất, mức độ vi phạm mà bị xử lý vi phạm hành chính hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì phải bồi thường và khắc phục hậu quả theo quy định của pháp luật.

2. Người nào lợi dụng chức vụ, quyền hạn vi phạm quy định của Luật này, xâm phạm lợi ích của Nhà nước, quyền và lợi ích hợp pháp của tổ chức, cá nhân thì tùy theo tính chất, mức độ vi phạm, mà bị xử lý kỷ luật hoặc bị truy cứu trách nhiệm hình sự; nếu gây thiệt hại thì phải bồi thường theo quy định của pháp luật.

3. Người sử dụng lao động có hành vi trốn đóng, chậm đóng bảo hiểm tai nạn lao động, bệnh nghề nghiệp, chiếm dụng tiền đóng, hưởng bảo hiểm tai nạn lao động, bệnh nghề nghiệp quy định tại khoản 2 Điều 12 của Luật này từ 30 ngày trở lên thì ngoài việc phải đóng đủ số tiền chưa đóng, chậm đóng và bị xử lý theo quy định của pháp luật, còn phải nộp số tiền lãi bằng hai lần mức lãi suất đầu tư Quỹ bảo hiểm xã hội bình quân của năm trước liền kề tính trên số tiền, thời gian chậm đóng; nếu không thực hiện thì theo yêu cầu của người có thẩm quyền, ngân hàng, tổ chức tín dụng khác, kho bạc nhà nước có trách nhiệm trích từ tài khoản tiền gửi của người sử dụng lao động để nộp số tiền chưa đóng, chậm đóng và lãi của số tiền này vào tài khoản của cơ quan bảo hiểm xã hội.

4. Chính phủ quy định chi tiết về hành vi, hình thức và mức xử phạt các hành vi vi phạm hành chính trong lĩnh vực an toàn, vệ sinh lao động quy định trong Luật này.

Điều 91. Cơ chế phối hợp về an toàn, vệ sinh lao động

1. Cơ chế phối hợp về an toàn, vệ sinh lao động được thực hiện như sau:

a) Bộ Lao động - Thương binh và Xã hội chủ trì, phối hợp với các bộ, cơ quan ngang bộ, Cơ quan thuộc Chính phủ, Ủy ban nhân dân cấp tỉnh thực hiện các nội dung phối hợp quy định tại khoản 2 Điều này trong phạm vi trách nhiệm của mình;

b) Cơ quan quản lý nhà nước về an toàn, vệ sinh lao động các cấp phối hợp với tổ chức chính trị, tổ chức chính trị - xã hội, tổ chức chính trị xã hội - nghề nghiệp, tổ chức xã hội - nghề nghiệp và các tổ chức khác trong công tác an toàn, vệ sinh lao động theo lĩnh vực có liên quan.

2. Nội dung phối hợp về an toàn, vệ sinh lao động bao gồm:

a) Xây dựng chính sách, pháp luật về an toàn, vệ sinh lao động; tiêu chuẩn, quy chuẩn kỹ thuật về an toàn, vệ sinh lao động;

b) Xây dựng chương trình, hồ sơ quốc gia về an toàn, vệ sinh lao động;

c) Điều tra tai nạn lao động; tai nạn, sự cố kỹ thuật gây mất an toàn, vệ sinh lao động; chính sách, chế độ đối với người lao động bị tai nạn lao động, bệnh nghề nghiệp;

d) Thông tin, tuyên truyền, giáo dục, huấn luyện, thống kê, báo cáo về an toàn, vệ sinh lao động; kiểm định các loại máy, thiết bị, vật tư có yêu cầu nghiêm ngặt về an toàn lao động;

đ) Thanh tra, kiểm tra, giám sát về an toàn, vệ sinh lao động và xử lý vi phạm pháp luật về an toàn, vệ sinh lao động;

e) Khen thưởng về an toàn, vệ sinh lao động;

g) Nghiên cứu, ứng dụng khoa học, công nghệ về an toàn, vệ sinh lao động.

3. Chính phủ quy định chi tiết Điều này.

Chương VII

ĐIỀU KHOẢN THI HÀNH

Điều 92. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2016.

2. Các quy định về bảo hiểm tai nạn lao động, bệnh nghề nghiệp tại Mục 3 Chương III, khoản 4 Điều 84, điểm b khoản 1 và điểm a khoản 2 Điều 86, các điều 104, 105, 106, 107, 116 và 117 của Luật bảo hiểm xã hội số 58/2014/QH13 hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành.

3. Tổ chức hoạt động kiểm định kỹ thuật an toàn lao động, tổ chức huấn luyện an toàn, vệ sinh lao động hoạt động trước ngày Luật này có hiệu lực thi hành tiếp tục hoạt động cho đến hết thời hạn của giấy chứng nhận đủ điều kiện hoạt động đã được cấp.

Điều 93. Quy định chi tiết

Chính phủ, cơ quan nhà nước có thẩm quyền quy định chi tiết các điều, khoản được giao trong Luật.

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Luật này đã được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIII, kỳ họp thứ 9 thông qua ngày 25 tháng 6 năm 2015.