THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS
Circular No. 27/2013/TT-BLDTBXH dated October 18, 2013 of the Ministry of Labor, Invalids and Social Affairs on providing for occupational safety and hygiene training
Pursuant to Article 150 of the Labor Code dated June 18, 2012;
Pursuant to the Government’s Decree No. 45/2013/ND-CP dated May 10, 2013, detailing a number of articles of the labor code on hours of work, hours of rest, occupational safety and hygiene;
Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
At the proposal of Director of the Department of Occupational safety;
The Minister of Labor, Invalids and Social Affairs promulgates Circular providing for the occupational safety and hygiene training.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular provides guide on implementation of Clause 4, Article 150 of the Labor Code, providing for conditions for occupational safety and hygiene training service institutions; formulation of the framework curriculum on occupational safety and hygiene training; list of jobs with strict requirements on occupational safety and hygiene.
2. In furtherance of the Government’s Decree No. 45/2013/ND-CP dated May 10, 2013, detailing a number of articles of the Labor Code on hours of work, hours of rest, occupational safety and hygiene, on guiding and managing the occupational safety and hygiene training.
3. This Circular does not regulate activities of occupational safety and hygiene training under programs and projects of State, international organizations and other cases specified by International treaties to which the Socialist Republic of Vietnam has signed or acceded.
Article 2. Subjects of application
1. Enterprises, agencies, units, organizations, cooperatives, households, individuals employing or using laborers (hereinafter abbreviated to the establishments).
2. The occupational safety and hygiene training service institutions (hereinafter abbreviated to the training service institutions) and other relevant organizations and individuals.
Article 3. Interpretation of terms
In this Circular, the following terms are construed as follows:
1. The training service institutions mean non-business units, enterprises and other institutions which are established in accordance with law and provide the occupational safety and hygiene training service.
2. The frequent-or full-time lecturers mean lecturers in payroll or work under labor contracts with duration of 12 months or longer.
Chapter 2.
ORGANIZATION OF OCCUPATIONAL SAFETY AND HYGIENE TRAINING
Article 4. Objects of occupational safety and hygiene training
Objects of occupational safety and hygiene training as prescribed at Article 139, Article 150 of the Labor Code are specified into the following groups:
1. Group 1: Managers (except for case of part-time working as prescribed at Point b Clause 2 of this Article) including:
a) Directors, deputy directors of enterprises; heads and deputies of branches affiliated enterprises; persons in charge of the administrative and personnel work; directors of workshops or equivalent units;
b) Chairpersons, vice chairpersons of cooperatives, heads of personal business households; heads of households employing laborers under labor contracts;
c) Heads and deputies of: State non-business units, production, business and service units of non-business administrative agencies, political organizations, social-political organizations, professional-social organizations, units in People’s Army and People’s Public Security; foreign organizations, international organizations based on Vietnam’s territory and employing laborers under labor contracts.
2. Group 2:
a) Full-time or part-time Officials in charge of occupational safety and hygiene at establishments
b) Managers in part-time charge of occupational safety and hygiene.
3. Group 3:
Laborers doing jobs with strict requirements on occupational safety and hygiene under the list promulgated together with this Circular (Annex I).
4. Group 4:
Laborers excluded in 3 above groups (including laborers being Vietnamese, foreigners working in Vietnam and persons on vocational training or apprenticeship or probationary to work for the employers)
Article 5. Content of training
1. Training for group 1
Group 1 shall principally be provided training on general knowledge as follows:
a) Policies and law on occupational safety and hygiene;
b) Organization of management and implementation of regulations on occupational safety and hygiene at the establishments;
c) Dangerous and hazardous elements in production and remedial and preventive measures.
2. Training for group 2
Group 2 shall be provided training on general knowledge including:
a) General knowledge as Group 1;
b) Professional operations on organization of implementing the work of occupational safety and hygiene at the establishments;
c) Overview of machinery, equipment, substances generating dangerous and hazardous elements; process for safe working.
3. Training for group 3
Group 3 shall be provided training on general and specialized knowledge including:
a) Policies and law on occupational safety and hygiene;
b) Overview of the jobs and equipment with strict requirements on occupational safety and hygiene;
c) Dangerous and hazardous elements upon doing jobs or operating the equipment with strict requirements on occupational safety and hygiene;
d) Occupational safety and health techniques upon doing the jobs or operating the equipment with strict requirements on occupational safety and hygiene;
dd) Handling of various production incidents and first aid for victims in cases of labor accidents.
4. Training for group 4
Content of training for group 4 includes 2 parts as follows:
a) Part 1: Providing general knowledge on occupational safety and hygiene (concentrated training);
b) Part 2: Requirements on occupational safety and hygiene at the working place.
