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Law 84/2015/qh13: Safety, Labor Hygiene

Original Language Title: Luật 84/2015/QH13: An toàn, vệ sinh lao động

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CONGRESS
Number: 84 /2015/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 25, 2015

LAW.

Safety, sanitation. g

______

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Law of Safety, Hygiene.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The law regulates safety, sanitation; policy, regime for persons with labor accidents, occupational diseases; responsibilities and powers of organizations, individuals involved in safe work, labor hygiene, and state management of security, health and safety. All right, sanitation.

What? 2. Subject applies

1. The worker works on a labor contract; the person who tries to work; apprenties, apprenties to work for the employer.

2. Staff, civil service, officials, people of the people ' s armed forces.

3. The labourers do not follow the labor contract.

4. Vietnamese labourers go to work overseas under contract; foreign workers work in Vietnam.

5. The employer.

6. Agency, organization, and other individuals are involved in safe work, labor hygiene.

Those who rule on the 1, 2, 3 and 4 are collectively known as workers.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Manufacturing facility, business is business, cooperative, household, and manufacturing, business.

2. Safe labor. is a room solution, an anti-impact of dangerous factors to ensure that there is no disability, death to people in the process of labor.

3. Sanitation. is an anti-pathology, anti-impact of the harmful element of the disease, which reduces the health of the human being in the labor process.

4. Risk factor is the factor that causes a safety loss, hurting or causing death to humans during the labor process.

5. Harmful element is the pathology factor, which underline human health during the labor process.

6. The engineering incident caused safety, sanitation and hygiene. is the damage to the machine, the device, the supplies, the excess of the safety of the technical safety permitted, which occurs during the labor and damage process or is at risk of damage to humans, property and the environment.

7. The engineering incident caused safety, severe sanitation. is a safety and safety technical breakdown, large-scale labor, which occurs on a wide scale and exceeds the capacity of the manufacturing facility, business, agency, organization, local or related to a variety of manufacturing, business, local, and manufacturing facilities.

8. Labor accident. is an accident that causes damage to any department, function of the body or cause of death to the worker, which occurs during the labor process, attached to the execution of the work, the labor duty.

9. Occupational illness It ' s a disease that ' s caused by the harmful labor conditions of a career that works for workers.

10. Labor environment observations is active collection, analysis, evaluation of metrics in the labor environment at work to take measures to minimize harm to health, prevention, anti-occupational illness.

What? 4. State policy on safety, labor hygiene and security.

1. Create a favorable condition for employers, workers, agencies, organizations, other individuals who are involved in implementing safety assurance measures, labor hygiene in the labor process; encouraging employers to apply labor, labor pressure workers, and other employers to do so. Technical standards, advanced management systems, modern and advanced technologies, high technology, environmental-friendly technologies in the process of labor.

2. Research on the research, scientific application and technology of safety, sanitation, and laboratory construction support, national standards testing, labor hygiene.

3. Support for labor accident prevention, occupational diseases in industries, areas of high risk for labor accidents, occupational diseases; encourage construction organizations, publish or use advanced technical standards, modern safety, sanitation, and safety, and health care. labor in the labor process.

4. Support for safe training, labor hygiene for workers who do not follow the labor contract doing strict requirements for safety, labor hygiene.

5. Development of the subject of voluntary labor accident insurance; construction of construction mechanisms, flexibility to prevent, mitigate, rectify risk for workers.

What? 5. The principle of safety assurance, labor hygiene

1. Asking the right of the worker to work in safe conditions, labor hygiene.

2. Full compliance with safety measures, labor hygiene in the labor process; priorititiate precautions, exclusion, control of dangerous factors, harmful factors in the labor process.

3. consultation with the union organization, the employer representing the employer, the Council on Safety, Sanitation Workers in the construction, implementation of policy, law, program, safety plan, labor hygiene.

What? 6. Rights and obligations on safety, labor hygiene of the labourers

1. The worker works under the following right labour contract:

a) Guaranteed fair, safe, sanitary conditions; requiring employers to be responsible for ensuring safe working conditions, labor hygiene in the labor process, at work;

b) Provided full information on dangerous factors, harmful factors in the workplace and prevention, prevention; training, safety training, labor hygiene;

c) Performed for occupational protection, health care, examination of occupational diseases; employed by employers in a labor accident, occupational illness; full-degree treatment for people with labor accidents, occupational illnesses; and other health care; pay for the medical examiner ' s examination, illness due to labor accident, occupational illness; being subject to the clinic to examine the rate of labor capacity and be paid for examination in case results of the autopsy is eligible for an increase in regulation. Occupational health, occupational diseases;

d) Required employers to work on appropriate work after stable treatment due to labor accidents, occupational diseases; and so on.

Refusing to do business or leave work that is still paid enough wages and is not considered a violation of labor discipline when it is clear that there is a risk of a labor accident that threatens his life or health but must inform the person. Direct management for handling treatment; only to continue to work when direct managers and safety workers, the labor hygiene has overcome the risks to secure safety, sanitation;

e) The complaint, denounce or prosecute under the rule of law.

2. The worker who works under the labour contract has the following obligation:

a) Compliance, process, and safeguarding of safety, sanitation at work; compliance with safety, sanitation, labor agreements, and collective labor agreements;

b) The use and preservation of personal protection vehicles has been made available; safety assurance equipment, labor sanitation at work;

c) timely reporting to the person responsible for finding the risk of a safety of a safety, labor hygiene, labor accident or occupational illness; active involvement in the emergency, corrects of the incident, labor accident, and incident processing, Emergency response or when the order of the employer or the state agency has jurisdiction.

3. The worker who does not follow the labour contract has the following right:

a) Being worked in safe conditions, sanitation; being facilitated by the State, the society and the family to work in a safe environment, labor hygiene; and the health care.

b) Continue to receive information, propagation, education on safety, sanitation; safety, sanitation, labor, and safety;

c) Participation in and enjoying a labor accident in voluntary form prescribed by the Government.

Based on economic-social development conditions, the ability of the state budget in each period, the Government regulates the details of the aid of labor insurance in the form of voluntary labor.

d) Claims, denounce or prosecute under the rule of law.

4. The worker who does not follow the labor contract has the following obligation:

a) to be responsible for safety, sanitation for the work done by the law;

b) Secure, sanitary of labor for those involved in the labor process;

c) Notice with local authorities in order to prevent timely prevention of safe conduct, labor hygiene.

5. Staff, civil service, officials, people of the armed forces people have the right and obligations of safety, labor hygiene as for the prescribed labourers at paragraph 1 and paragraph 2 This, except for the case of a law which rules the law applicable to them. The subject has different rules.

6. apprentits, apprenties to work for employers with the right and duty of safety, labor hygiene, as for the specified worker at paragraph 1 and paragraph 2 This.

7. Foreign workers who work in Vietnam have the right and obligations of safety, labor hygiene as for the prescribed labourers at paragraph 1 and paragraph 2 This; in addition to participating in the insurance accident insurance, occupational illness is carried out. Government regulations.

What? 7. Rights and obligations on safety, labor hygiene of employers and their employees.

1. The employer has the following right:

a) Ask workers to accept the rules, processes, safety measures, and labor at work;

b) Khen rewarded workers with good acceptance and discipline of labourers in violation of safety, labor hygiene;

c) The complaint, denouncing or the prosecution in accordance with the rule of law;

d) Labour mobiles engaged in emergency response, recovery of incidents, labor accidents.

2. The employer has the following obligation:

a) Build, implement and actively coordinate with the agencies, organization in ensuring safety, sanitation at work within the scope of its responsibility for workers and stakeholders; to contribute to labor accidents, Occupational sickness for labourers;

b) The organization of training, guidelines, regulations, processes, safety assurance measures, sanitation; full vehicle equipment, safety security tools, labor hygiene; performing health care, and finding medical care. a career; fully implementing a regime for a man with a labor accident, an occupational disease for a worker;

c) Not to force workers to continue to work or return to the workplace when there is a risk of a labor accident that threatens the life or health of the worker;

d) Send a supervisor, examine the implementation of the internal procedure, process, safety assurance, labor hygiene in the workplace by law;

The layout or the person as a safety worker, the sanitation worker; in coordination with the Executive Board of the establishment of a safety net, the sanitation; and the distribution of responsibility and authority over safety, sanitation;

e) Perform the declaration, investigation, statistics, labor accident reports, occupational diseases, occupational safety incidents, severe labor hygiene; statistics, report on the situation to carry out safety work, sanitation; and decision-making of the law. We're looking for safety, sanitation, safety.

g) Take the opinion of the Executive Committee on the basis of the construction of the plan, the internal process, the process, the safety guarantee, the labor hygiene.

What? 8. Rights, responsibility of the Vietnam Fatherland Front, member organizations of the Front and other social organizations in the country.

1. Vietnam ' s Fatherland Front, member organizations of the Front and other social organizations within the scope of the mission, its powers have the right and responsibility of the following:

a) Coordination with the relevant agencies for propaganda, disseminarage, safety training, labor sanitation; development of safe services, labor hygiene; and the development of labor.

b) Participate in the opinion, supervision, social response in the construction of policy mode, safety legislation, labor hygiene in accordance with the rule of law;

c) Participation in with the state governing bodies proposed a solution to improve labor conditions, rooms, anti-labor accidents, occupational diseases, deployment of scientific research;

d) a member of the team, a member of the safety and safety of the staff,

Discovery and petition with the state agency has jurisdiction over time to conduct violations of the law on safety, sanitation.

2. The organization representing the employer performs the rights and responsibilities of regulation at 1 Article; it is responsible for joining the Safety Council, the labor hygiene under the regulation at Article 88 of this Law; the advocacy of employers who organize dialogue. at work, collective bargaining, collective labor agreement, implementation of the measures to improve labor conditions in order to ensure safety, sanitation at work.

What? 9. Rights, the responsibility of the union organization in safe work, labor hygiene.

1. Participate with the state agency that builds policy, safety legislation, labor hygiene. The state agency petition has the authority to build, modify, add policies, laws that are relevant to the right, the workers ' obligations of safety, labor hygiene.

2. Participate in, in coordination with the state agency inspects, examining, overseeing the implementation of policy, safety laws, labor hygiene involved in the right, the duty of the worker; participation in construction, execution guidelines, implementation of the implementation of the law. Planning, statute, regulation, and safeguarding safeguards, labor sanitation improves labor conditions for workers at work; participation in labor accidents by law.

3. Requiing agency, organization, business, individuals with responsibility to take immediate safeguards, labor hygiene, implementation of remedied measures, even the case must suspend operations when the workplace is found to have harmful or harmful factors. Health risk factors, human life in the process of labor.

4. Labor advocacy approx regulations, rules, processes, safe safeguards, labor hygiene.

5. The worker 's collective representative kicks off when the right of the worker' s collective safety, the labor hygiene is violated; representing the worker who starts when the right of the worker is safe, the labor hygiene is violated and is being taken by the worker. Authorization.

6. Research, scientific application, technology, training, safety training, sanitation; petitions for health care improvement, labor accident prevention, occupational diseases for workers.

7. Coordinate with the state agency that organizes the competition for safety, labor sanitation; organization of the public movement as a safety, labor sanitation; organization and the operational guidance of the safety net, the student sanitation.

8. Khen reward for safe work, regulatory labor, by the General Federation of Vietnam.

What? 10. Rights, the responsibility of the base union in safety, sanitation and hygiene.

1. Participate with the employer who builds and oversees the implementation of the planning, regulation, interregulation, process, safety assurance, labor hygiene, improving labor conditions.

2. Representative for collective bargaining, signing and overseeing the implementation of the provision of safety, labor hygiene in the collective labor agreement; to be responsible for helping workers to complain, sue when rights, legal benefits, government, government, and more. It's worth an invasion.

3. Dialogue with employers to solve problems related to the right, the duty of the worker, the employer on safety, the labor hygiene.

4. Participate in, in collaboration with employers who organize safety checks, labor hygiene; monitoring and asking employers to make the right regulations on safety, labor hygiene; participation, coordination with the employer of the work, and the use of the labor force. The accident of labor and monitoring of the regime, vocational training, and job layout for people with labor accidents, occupational diseases.

5. Petition with employers, agencies, authorities have the authority to take safe safeguards, labor sanitation, remediation of the safety of technical incidents that cause safety loss, labor hygiene, labor accidents and criminal behavior violations of the laws of the United States. Safe, sanitation.

6. Propaganda, advocacy of workers, employers who perform well the provisions of law, standards, regulations, processes, safety guarantees, sanitation at work. Co-ordination with employers organizing training, safety training, labor sanitation for labor unions and workers.

7. Requied a person responsible for ensuring safety, sanitation, including the case of a temporary halt if necessary when finding the workplace at risk of health, the lives of the worker.

8. Participate in the agency-level labor accident investigation in paragraph 1 Article 35 of the Law; participate, in coordination with the employer for the application, rectify the aftermath of the technical incident causing loss of safety, labor hygiene, labor accidents; school. The employer does not perform a prescribed obligation in accordance with the provisions of Article 34 of the Law, which is responsible for informing the state governing body of authority under provisions at Article 35 of the Law to conduct an investigation.

9. Coordinated with employers to organize racing movements, the public movement for safety, labor sanitation, and workplace safety culture at work; management, operational guidance of safety networks, sanitation.

10. The manufacturing facilities, the business that have not established the basis of the facility, the company is directly on the basis of the entity's authority, the responsibility of regulation at this when being asked by the labourers.

What? 11. Rights, the responsibility of the Vietnam Farmers ' Association

1. Participate with the state agency to build policy, safety legislation, labor hygiene for farmers. The petition with the state agency has the authority to build, modify, add policy, law-related legislation, the workers ' obligations as farmers in safety, sanitation.

2. Participate in, in coordination with the state agency in the inspection, examination, oversight of the implementation of the regime, policy, safety laws, labor hygiene involved in the rights and obligations of the workers as farmers; participate in the investigation of the labor accident. When the victim of the accident was a farmer.

3. Participate in propaganda, safety training, labor hygiene for farmers.

4. Coordinate with the state agency in the care of improving labor conditions, the prevention of labor accidents and occupational diseases for farmers.

5. Farmers ' movement to participate in a safe, sanitary movement for farmers under the rule of law.

What? 12. The acts are strictly forbidden

1. Hide, declare or report false reports of labor accidents, occupational diseases; do not carry out the requirements, safety guarantees, TB hygiene causing harm or risk of harm to people, property, the environment; forced labor; forced labor, and forced labor. having to work or not to leave work when there is a risk of a labor accident that threatens health, their lives or forcing workers to continue to work when those risks have not been overcome.

2. Occupational, slow-cost, occupational hazard, occupational hazard; appropriation of employers, occupational hazard insurance, occupational illness; fraud, forgery of records in the execution of labor accident insurance, occupational diseases; no cost of repayment. Labor accident insurance, occupational diseases for workers; management, use of the Occupational Hazard Insurance Fund, non-regulatory occupational diseases of law; access, exploitation of database law on labor accident insurance, occupational illness. Oh,

3. Use of machine, equipment, materials with strict requirements for safety, unregulated labor hygiene or unintended testing results or no source of origin, clear origin, expiration of use, no quality assurance, environmental contamination.

4. Frauds in test activities, safety training, labor hygiene, labor environmental monitoring, medical examiner to determine the level of labor capacity impairment when suffering from labor accidents, occupational diseases; obstruct, causing difficulty or doing damage. harm to the right, legitimate interests, the safety of safety, the labor hygiene of the labourers, the employer.

5. Discrimination on the gender in safety assurance, sanitation; discrimination on the grounds of workers refusing to do business or leave work when it is clear to be at risk of a labor accident that threatens the life or health of the people. I am discriminated against, for reasons that have done the job, the duty of ensuring safety, sanitation at the base of the safety worker, the sanitation, the safety, the sanitation, the health worker.

6. Use of labor or job as a strict requirement for safety, sanitation, without training in safety, sanitation.

7. Pay for the restitution of the item.

Chapter II

PRECAUTIONS, AGAINST DANGEROUS FACTORS,

THE HARMFUL ELEMENT TO THE WORKER

Item 1

INFORMATION, PROPAGANDA, EDUCATION, SAFETY TRAINING,

LABOR HYGIENE

What? 13. Information, propaganda, education on safety, labor hygiene and security.

1. The employer must inform, propagate, educate on safety, labor hygiene, dangerous factors, harmful factors, and safety assurance measures, labor sanitation at work for workers; regulatory guidelines on safety, sanitation, safety, and security. labor for the visiting, working at your facility.

2. The manufacturer has to provide information on safety protections, products that are accompanied by the product, goods which are likely to cause safety loss to the employer during the labor process.

3. Agency, organization, household tasked with organizing the propaganda, disseminant knowledge and skills of safety, labor hygiene to its labourers; the propaganda, the practice of eradication of the procedure, the habit of losing hygiene, harm, danger to the people. public health and community in the labor process.

Based on specific local conditions, every year, the People's Committee is responsible for directing, organizing information, propaganda, safe education, labor sanitation for workers who do not work on local labor contracts.

4. The public information agency has a permanent responsibility to organize information, propaganda, policy disseminization, law and knowledge of safety, labor hygiene, information transplants for labor accident prevention, occupational diseases with other programs, and health care programs. show, information activity, other media.

What? 14. Safe training, labor hygiene

1. The manager in charge of safety, sanitation, safety workers, labor sanitation, health workers, safety, hygiene in the manufacturing facility, business must attend safety training, labor sanitation, and be held in the organization. Safety training, sanitation, certification, and post-examination.

If there is a change in policy, law or science, technology on safety, sanitation must be trained, fostering, updating knowledge, safety skills, sanitation.

2. The employer organizes training for the worker who works as a strict requirement for safety, sanitation, and a safety card level before the deployment of the job.

3. The worker who does not follow the labor contract must be trained in safety, sanitation, while working on a strict requirement of safety, sanitation and safety cards.

The state has a policy of supporting tuition fees for the workers of regulation at this time when entering the training course. The level, subject and time of support provided by the Government depends on the conditions of economic development-the society in each period.

4. The employer organizes self-organization training and is responsible for the quality of safety training, labor sanitation for non-subject employees of regulation at 1, 2, and 3 This, apprenstive, apprentiship, pre-trial driver. when recruiting or working layout and retraining periodically to equip enough knowledge, the skills necessary for safety assurance, labor hygiene in the labor process, in accordance with the position of job assigned.

5. Training on safety, labor hygiene regulations at this must be consistent with the characteristics, properties of each profession, job placement, labor scale, and not making it difficult to produce, business. Based on the specific conditions of the manufacturing facility, business, employers actively organize their own training in safety, labor hygiene, or the combination of training safety content, labor hygiene with training in fire prevention, fire extinguiers and more. Or other training events are legally regulated by law.

6. Minister of Labor-Trade and Social Affairs enacted a strict requirement for a strict requirement of safety, sanitation, after the opinion of the ministries of the industry, the relevant field.

7. The safety training organization, the labor sanitation is a public career unit, the business business safety business, the labor hygiene under the regulatory law of investment law and the Law.

The business case for self-training, labor sanitation for the objects stipulated at 1, 2, and 3 This must meet the conditions of operation as for the safety training organization, labor hygiene.

8. The government regulates the details of the competent authority, the condition of the facilities, the engineering, the standard of safe training, labor hygiene, sequencing, procedure, new level profile, reorder, renewal, recovery of the certificate of sufficient operating conditions. The safety of the safety training organization, the labor sanitation is at 7; the training, the self-training, the labor sanitation.

Item 2

INTERNAL, PROCESS AND SAFETY ASSURANCE MEASURES,

SANITATION AT WORK

What? 15. Internal Affairs, safe warranty process, labor hygiene

Employers use legal, standard, national technical standards, local technical standards for safety, labor sanitation, and manufacturing operations, business, labor to build, enacted and organize the implementation of the intranet, rules and regulations. Secure security, sanitation.

What? 16. The employer ' s responsibility in ensuring safety, sanitation at the workplace, and the employment of employees.

1. Make sure the workplace must reach a requirement for space, ventilation, dust, gas, gas, radiation, electricity from school, heat, humidity, noise, vibration, other harmful factors, other harmful factors prescribed at the relevant technical standards and periodic testing, measurement, and other factors. those elements; ensure that there is enough bathroom, the sanitary chamber in accordance with the provisions of the Minister of Health.

2. Make sure the machine, equipment, supplies, substance used, operate, maintenance, preserve at the workplace according to the technical standard of safety, sanitation, or the safety of the technical standards of safety, labor hygiene has been announced, applicable, and according to internal security. rules, safety guarantees, labor sanitation at work.

3. The full page for the worker of the individual means of protection when performing a dangerous, harmful element; equipped with safety equipment, sanitation at work.

4. Every year or when necessary, the test organization, assessing the risk factors, the harmful element at work to conduct technological, technical measures aimed at eliminating, miniming the risk factor, the harmful element at work, improving the conditions, and improving the risk. labor, health care for workers.

5. Plan for testing, machine maintenance, equipment, supplies, substances, workshops, warehouses.

6. There must be warning signs, Vietnamese language guides and popular language of safety, labor hygiene on machines, equipment, supplies and substances with strict requirements for safety, labor sanitation at work, shelter, preservation, maintenance, maintenance, and safety. use and set in a readable, visible location.

7. Propaganda, disseminalization or training for the prescribed, interhuman, process of safety, labor hygiene, prevention, anti-hazard, dangerous factor in the workplace, the task of being delivered.

8. Build, enact the incident handling of the incident, emergency response at work; the organization handling the incident, emergency response, the force of emergency relief and reporting to the person who is responsible for detection of the risk or when the labor accident, the technical incident, and the accident. Losing safety, sanitation at work beyond the ability of employers to control.

What? 17. The employer ' s responsibility in ensuring safety, sanitation at the workplace, and job protection.

1. Accept of regulation, interregulation, process, safety requirements, labor hygiene of employers or state agencies with an authority to enact work, tasks assigned.

2. comply with the law and take firm knowledge, skills on safety assurance measures, labor hygiene in the workplace; use and preservation of personal protection vehicles that have been on the site, safety equipment, labor hygiene at work in the workplace, and security. process of execution of tasks, tasks assigned.

3. Must participate in safety training, labor hygiene before the use of machines, equipment, supplies, and a strict requirement for safety, sanitation.

4. Prevent the risk of direct loss of safety, sanitation, safety violations of safety regulations, sanitation at work; timely reporting to persons responsible for knowing the labor accident, incident or detection of the risk of incident, accident, and accident. labor or occupational illness; actively involved in the application, corrects the incident, accident labor under the incident treatment, emergency response, or when the order of the employer or state authority has jurisdiction.

What? 18. Control of dangerous factors, harmful factors at the workplace.

1. The employer must organize the assessment, control factor risk, the harmful element at work to offer safe technical measures, labor hygiene, health care to the worker; perform disinfection, disinfection measures, and reduce the risk of health care. The worker works where there are toxins, infections.

2. For the harmful factor prescribed by the Minister of Health to limit the exposure to the harm to the health of the worker, the employer must organize a labor environment observation to evaluate the harmful factor at least once in the next year. One year. The organisation of the environmental monitoring organization must have sufficient conditions on the basis, material, equipment, and manpower.

3. For the dangerous factor the employer must regularly control, manage the right requirements of engineering, to ensure safety, sanitation at work, and at least once in a year to hold test, assess the factor in accordance with the rule of law. The law.

4. Shortly after the results of the labor environment view to evaluate the harmful element and test results, assess, manage the risk factor at the workplace, the employer must:

a) The public announcement for workers at the workplace of the labor environment and where to be examined, evaluated, managing the risk factor;

b) Provide information upon the organization of unions, agencies, organizations with the authority to request;

c) There is remedied, controlling risk factors, harmful factors in the workplace to ensure safety, sanitation, health care for workers.

5. The government regulates the details of the control of the risk factor, the harmful element at the workplace and the operating conditions of the environmental monitoring organization warranties compliance with the Investment Law, Corporate Law.

What? 19. The measure of the handling of the technical incident causes safety, severe labor hygiene and emergency emergency response.

1. The employer must have a safety handling of the technical incident that causes safety, severe labor hygiene, emergency response, and periodic organizational planning; equipped with technical, medical facilities to ensure the rescue, the evacuation is timely. When the technical incident caused safety, the sanitation was severe, the labor accident.

2. The responsibility of handling the technical incident that causes a safety loss, serious labor hygiene, emergency response:

a) The employer has to order a cease-out of the operation of the machine, the device, the use of supplies, substances, labor activities at work at the risk of causing labor accidents, the technical incident that causes safety, severe labor hygiene; unforced labor. Workers continue to work or go back to work if the risks of the labor accident threaten the lives or health of the unremedied labourers; take remedied measures, the measures taken by the treatment. The engineering incident caused safety, severe labor hygiene, emergency response to the organization of saving people, property, safety guarantees, labor sanitation. for the worker, who is around the workplace, property and environment; in time to inform local authorities where the incident or emergency response is;

b) Technical incidents that cause loss of safety, serious labor hygiene occurs at the manufacturing facility, business, local employer, which is responsible for mobiling the manpower, force and means to get up to the end of the incident. according to the rules of the law of specialization;

c) Technical incidents that cause safety, severe labor hygiene occurs in relation to many manufacturing, business, local, employer, local authorities, where the incident is responsible for the responsibility of the application and the online hierarchy report. followed by the rules of the monophyll of the law.

The case is beyond the applicability of the manufacturing facilities, business, local, and it has to urgently report the agency directly to the end of the mobiles of manufacturing, business, local business, and manufacturing facilities; manufacturing facilities, businesses, and businesses. The local community is required to perform and co-ordinate emergency response measures within the range, its capabilities.

3. The government regulates this.

What? 20. Improving labor conditions, building labor safety culture and health care

1. The employer must regularly coordinate with the Board of Organizational Unions to organize workers involved in improving labor conditions, building safe culture at work.

2. Encouraging employers to adopt technical standards, advanced management systems, modern and advanced technologies, high technology, eco-friendly technologies into manufacturing operations, business to improve the conditions of the economy, and the development of technology. labor, safety, labor sanitation.

Section 3

LABOR PROTECTION, HEALTH CARE

THE WORKER.

What? 21. Exploring health and treatment of occupational diseases for workers

1. Every year, employers have to organize a health exam at least once for labourers; for labourers, hard work, malicious, dangerous or particularly heavy, harmful, dangerous, labourers, people with disabilities. Juvenile labourers, the elderly workers were given health care at least once every 06 months.

2. When a health examination is prescribed at 1 Article, female labor must be examined by a specialist, who works in the labor environment in contact with the risk factors that cause occupational diseases to be discovered in occupational diseases.

3. The employer organizes health care for the worker before the layout of work and before moving to work, hard work, malicious, more dangerous, or after suffering from a labor accident, occupational illness has recovered health, continues to be a child. back to work, unless the case has been examined by the Medical Council to degrade the capacity of labor.

4. The employer organizes health care for the labourers, discovering occupational diseases at the facility of the disease, curing the required assurance, technical expertise.

5. The employer takes the worker who is diagnosed with a occupational illness to a medical clinic, treating the condition of technical expertise to treat the regimen of occupational illness prescribed by the Minister of Health.

6. Cost for health care, discovery of occupational illness, occupational therapy for workers employed by employers to pay regulation at 1, 2, 3, and 5 This is accounted for at the expense unless determined to be income per year. due to the corporate income tax law and accounting at the cost of operating regularly to the administrative body, the career unit has no service operations.

What? 22. Occupation, hard work, dangerous, dangerous

1. Occupation, hard work, malicious, dangerous and professional, particularly heavy, dangerous, dangerous work is classified based on characteristics, the characteristic labor conditions of each profession, the work.

2. Minister of Labour-Trade and Social Affairs issued the Occupational Portfolio, Heavy Work, Harmful, Dangerous, and Occupational, particularly heavy, hazardous, dangerous work after the opinion of the Ministry of Health; regulation of the standard of classification of labor under investigation. The labor force.

3. The employer performs a full degree of labor protection and health care to the skilled labourers, labourers, malicious, dangerous, and skilled workers, particularly hard, harmful, dangerous work by law.

What? 23. Personal protection in labor.

1. The worker who works as a risk factor, the harmful element is the person who uses a fully qualified page of the employer and must be used during the course of the work.

2. The employer performs the solutions of technology, engineering, equipment to eliminate or limit maximum risk factors, harmful factors, and improved labor conditions.

3. The employer when performing a personal protection media page must secure the following principles:

a) The right type, the right object, the sufficient quantity, the standard quality assurance, the national technical standard;

b) No money on behalf of the individual means of personal protection; not to force the labourers to buy or collect the workers ' money to buy a personal protection vehicle;

c) The guide, monitoring of workers using the means of personal protection;

d) Organizing disinfection, disinfection, disinfection of hygiene to the means of personal protection used in vulnerable places, infection, infection.

4. Minister of Labour-Trade and Social Affairs rules on the mode of formal protection of personal protection in labor.

What? 24. Nutritions by artifacts

1. The worker who works in the condition has a dangerous factor, the harmful element that is employed by the employer by the item.

2. The accretion by the following principle follows:

a) Help strengthen the body ' s resistance and toxic waste;

b) convenience, safety, food hygiene;

c) Done in the shift, working day, except for the special case due to the labor organization that cannot hold a concentration in place.

3. The Minister of Labour-Trade and Social Affairs regulates the fostering of the artifacts.

What? 25. Time to work in conditions has a dangerous factor, harmful element.

1. The employer is responsible for ensuring the time of contact with the risk factor, the harmful element of the worker located within the limits of the safety specified in the respective national technical regulation and the provisions of the relevant law.

2. Time to work on skilled labourers, particularly heavy, toxic, dangerous work done by the regulation of labor law.

What? 26. Health Recovery Nursing

Every year, encouraging employers to organize employment for labourers, hard work, malicious, dangerous, skilled workers, particularly hard work, malicious, dangerous, dangerous workers and poor health care workers. In health.

What? 27. Labor Health Management

1. The employer must be based on the standard health standards for each type of profession, work, and health care outcomes to arrange the right work for the worker.

2. The employer is responsible for the responsibility and management of the worker ' s health records, the health records of the occupational illness; the health exam announcement, the discovery of occupational diseases for the worker to know; every year, the report of employment. The health management of the administration of the state administration of health care.

Section 4

MACHINE, DEVICE, SUPPLIES, SUPPLIES

STRICTLY SAFE, SANITATION.

What? 28. Machine, equipment, supplies, substances with strict requirements for safety, labor sanitation and safety.

1. Machine, equipment, supplies, substances with strict requirements for safety, labor hygiene is machine, equipment, supplies, substance in storage conditions, transport, preservation, reasonable use, right purpose, and true pursuant to the manufacturer but in the course of the process. Labor, manufacturing remains potentially potentially fatal, occupational illness, severe health consequences, human life.

2. Minister of Labor-Trade and Social Affairs issued the Catalogue of Machine, equipment, supplies, substances with strict requirements for safety, sanitation workers on the basis of the proposed set of regulations at Article 33 of this Law.

What? 29. Set up a safety guarantee, labor hygiene when new construction, expansion or renovation of the building, facility to manufacture, use, preserve, save machine, equipment, supplies, substances with strict requirements of safety, labor hygiene, and more.

1. In the agency file a new building licensing authority, expansion or renovation of the work, basis for manufacturing, use, preservation, machine storage, equipment, supplies, substances with a strict requirement of safety, labor hygiene, investment owners, users, and other users. Labor must have a safe guarantee, labor hygiene to the work of workers and the environment.

2. The safety assurance method, the labor hygiene must have the following principal content:

a) Location, process scale, facility;

b) enumerate, describe the details of the categories in the work, base;

c) It is clear that dangerous factors, harmful factors, incidents can arise in the course of operation;

d) Specific measures to exclude, reduce risk factors, harmful factors; the handling of unsafe incidents of safety, severe labor hygiene, emergency distress.

What? 30. Use of machine, equipment, supplies, substances with strict requirements for safety, labor hygiene and security.

1. The machines, equipment, supplies that have strict requirements for safety, the labor hygiene must be of clear origin, clear origin, in the shelf life, quality assurance, must be prescribed in accordance with provisions at paragraph 1 Article 31 of this Law, minus the case of law. I mean, the specialty is different.

2. When it comes to use or no longer use, dispose of the machines, equipment, supplies, substances that have strict requirements for safety, labor sanitation, organization, individuals must declare to the specialist body of the Provincial People 's Committee, the city' s central direct city. There is a general jurisdiction (the following is the provincial level) at the same jurisdiction in paragraph 1 and paragraph 2 Article 33 of the Law, minus the case of other prescribed disciplinary law.

3. In the process of using machine, equipment, materials with strict requirements for safety, labor hygiene, organization, individuals are responsible for periodic testing, maintenance, maintenance, and storage of machine safety technical records, equipment, supplies, according to the national technical standard. You know, the corresponding

4. The use of a strict requirement for safety, labor hygiene practices according to the regulation of the law on chemicals and specialized law.

What? 31. Machine testing, equipment, supplies have strict requirements for labor safety and security.

1. Machine types, devices, materials with strict requirements for labour safety must be checked before entering use and periodic testing in the process used by the organization of labor safety engineering.

2. The testing of machines, equipment, supplies that have strict requirements for labor safety must be accurate, public, transparent.

3. The government regulates the details of the competent authority, the condition of the facilities, the engineering, the order, the procedure, the new level profile, the grant, the extension, the recovery of the Certificate of Qualified Certificate of the operation of the operation. dynamic; the standard of audits to meet the requirements requirements of the test subject; the testing of the machine, the device, the supplies, is strictly required for the safety of the labor.

What? 32. The rights and obligations of the organization operate the employment safety technique.

1. The organization that operates the occupational safety technique is either a public career unit or a labor-based enterprise safety engineering inspection service.

2. The organization that operates the safety of the labor safety technique has the following right:

a) The implementation of the test activity under the provision of the test service;

b) Redeny the provision of the specified service when not ensuring safe conditions when performing machine testing, equipment, supplies;

c) The petition, the complaint, the conduct charge impede the test operation;

d) The organization, the individual with the requested object, is set to provide the documents, the information that serves the test operation.

3. The organization that operates the safety of the labor safety technique has the following obligation:

a) The specified service provider in the range, subject to be specified in the Certificate of Qualified Operating Conditions;

b) Perform the specified procedure;

c) responsible for the test results, compensation damages caused by the regulation of the law; the recovery of the test results granted when the discovery of the error;

d) Every year, the state governing body report has the authority to govern the area by regulation at paragraph 1, paragraph 2 Article 33 of this Law and the state governing body for the labor of operational situation by law;

Save the file.

What? 33. The responsibility of the ministries in the management of the state for machine, equipment, supplies, substances with strict requirements for safety, labor hygiene and safety.

1. The ministries are responsible for the management of the state for the machine, equipment, supplies and substances that have strict requirements for safety, sanitation of labor according to the scope as follows:

a) The Ministry of Health is responsible for the management of the state for machine, equipment, supplies, substances with strict requirements for safety, labor hygiene in relation to food, pharmaceuticals, vaccines, medical products, cosmetics, drug production materials, medicines for people, chemicals, drugs, etc. household appliances, insect eradication, bacteriophagants, medical equipment;

b) The Ministry of Agriculture and Rural Development is responsible for the management of the state for machine, equipment, supplies, substances with strict requirements for safety, labor hygiene associated with crops, livestock, fertilizers, livestock feed, food protection drugs, food, and food. Veterinary medicine, agricultural products used in agriculture, forestry, saltwater, fisheries, irrigation works, dikes;

c) The transport ministry is responsible for the management of the state for the machine, equipment, supplies, substances with a strict requirement of safety, labor hygiene related to transportation, vehicle, vehicle equipment, transport equipment, transport equipment, etc. media, exploration equipment, sea mining, transportation infrastructure;

d) The Ministry of Commerce was responsible for the management of the state for machine, equipment, supplies, and a strict requirement for safety, sanitation involved in the pressure equipment, equipment to enhance industry, chemicals, and explosives. There ' s a mining equipment, oil, oil, utilities, exploration, and sea mining.

The Ministry of Construction is responsible for the management of the state for the machine, equipment, supplies, and the strict requirements of safety, the labor hygiene used in construction construction;

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

g) the Ministry of Information and Communication is responsible for the management of the state for the types of machines, equipment used in radio, television;

h) The defence ministry is responsible for the management of the state for the means, military equipment, ammunition, weapons, defense products, defense works;

i) The Ministry of Public Security is responsible for the management of the state for the equipment of fire prevention, fire extinguisher; technical equipment, ammunition, ammunition, support tools, except for the specified case at this point;

) The Ministry of Labor-Trade and Society is responsible for the management of the state for the means of personal protection for workers and the types of machines, equipment, supplies, substances that have strict requirements for safety, non-regulation labor hygiene at their points. a, b, c, d, e, e, g, h and i paragraph.

2. Based on the situation of economic development-society and requiring state management, the Ministry of Labor-Trade and Social Affairs has a responsibility to coordinate with the sector management, the relevant sector to program the Government to decide the specific assignment of the body responsible. Management of the machine, equipment, supplies, substances with a strict requirement of safety, new labor hygiene, unregulated sanitation, not being regulated at one Article or machine, equipment, supplies, substances with a strict requirement of safety, labor hygiene is associated with the crime. The management of a variety of sets that is not defined under the management jurisdiction of the order specified at 1 Article.

3. The bases enter the authority to manage the state for machine types, equipment, supplies, substances with strict requirements for safety, labor hygiene regulations at paragraph 1 and paragraph 2 This and Category of types of machines, equipment, supplies, substances with a serious requirement. For safety, the sanitation of labor rules at paragraph 2 Article 28 of this Law is as responsible as follows:

a) Construction of the catalogue of categories of machines, equipment, supplies, substances with strict requirements for safety, labor hygiene in the jurisdiction of the management of the Ministry of Labor, Trade and Social Affairs issued;

b) Board of machine control processes, equipment, supplies, and management with strict requirements for safety, labor hygiene under management jurisdiction after the opinion of the Ministry of Labor-Trade and Social Affairs;

c) The organization of testing activities under the jurisdiction of the state by regulation at paragraph 1 and paragraph 2 This.

d) Every year, sending the Ministry of Labor-Trade and Social reporting on the management of machines, equipment, supplies, substances with strict requirements for safety, labor hygiene regulations at paragraph 1 and paragraph 2 This, minus the case of other regulated specialized law.

4. Ministry of Labor-Trade and Social presided over, in coordination with relevant ministries Catalogue of Catalogue of Machine types, equipment, supplies, substances with strict requirements for safety, labor hygiene to modify, compleming in accordance with economic development-social, social, and social development. the science of technology, management in every time.

Chapter III

THE METHODS OF HANDLING THE TECHNICAL INCIDENT CAUSE LOSS OF SAFETY,

LABOR AND LABOR ACCIDENTS, OCCUPATIONAL DISEASES.

Item 1

DECLARATION, STATISTICS, REPORTS, TECHNICAL INCIDENTS INVESTIGATION

CAUSING SAFETY, SANITATION, LABOR ACCIDENTS,

OCCUPATIONAL ILLNESS

What? 34. Opening of the labor accident, the technical incident causing loss of safety, labor hygiene

1. Opening of the labor accident, the technical incident that causes safety loss, the labor hygiene performs as follows:

a) When it occurs or is at risk of a labor accident, the technical incident causes safety, labor hygiene in the workplace, the person who is in an accident or who knows the right to the person directly, the employer knows to be timely. the treatment, remediation of the consequences.

b) For the alleged accidents at the point of a single death or seriously injured from two workers, the employer is responsible for opening up to the state regulatory agency of the provincial labor level where the accident occurred; The case of a fatal accident must be issued immediately to the Public Security Agency, the county, the town, the city in the province, the city in the central city (the latter is called the district);

c) For accidents, incidents occur in the areas of radiation, exploration, oil and gas extraction, railway transport vehicles, waterways, roads, air lines and units of the people ' s armed forces, who use the labor force responsible for the use of the oil and gas industry. The task is to be made in accordance with the rules of the law.

d) When the labor accident that killed people or was seriously injured against the worker who did not follow the labor contract then the victim 's family or the person found liable to declare immediately to the People' s Committee, ward, town (later called). It ' s a communal accident where there ' s an accident to take care of.

In the event of a fatal labor accident, labor accidents were seriously injured from two workers, the People's Committee of the People's Committee was responsible for reporting right to the district security agency and the state regulatory agency on provincial labor. It was an accident to take care of it.

In the event of a safety, safety-related technical incident involving workers who did not follow the labor contract, the person found responsible for timely reporting to the People's Committee at the site of the technical incident and the incident. The report is in accordance with regulation at Article 19 and Article 36 of this Law.

2. Within its range of responsibility, the agency, the organization has the authority to review, resolve the news of the labor accident, the safety of the safety, the labor hygiene, the results of the results of the report to the agency, the organization, the individual reported. when there is a request and must apply the necessary measures to protect the right, the legitimate interest, the person ' s own worthy of the news.

What? 35. Investigate the labor accident, the technical incident that causes safety, labor hygiene, the security incident that causes a safety loss, serious labor hygiene, and safety.

1. The employer is responsible for the establishment of a junior-level labor accident investigation team to conduct an investigation of the injured labor accident, the labor accident that seriously injured a labourer of his management authority, except for the case. is investigated by regulation at paragraph 2 and paragraph 3 This or the labor accident is investigated by the state agency as prescribed by the law of specialization.

A member of the working-level labor accident group consists of employers or representatives who are authorized by the person to use text as the Head of the Company and members are representative of the National Committee of the Company or the collective representation of the body. workers who have not yet formed the foundation union, who works as a working safety worker, who works as a health worker and some other members.

In the case of a labor accident that seriously injured a worker who did not follow the contract, the People's Committee of the People's Committee, which occurred in a labor accident, had to set up a record of the incident and report to the District People's Committee where the accident occurred.

2. The state governing body for provincial labor is responsible for the formation of a provincial labor accident investigation team to conduct a fatal labor accident investigation, the labor accident that seriously injured two workers, including workers, and workers and employees. Working without a contract, except for the stipulation of Article 4; the investigation of the labor accident has been investigated by the Bureau of Labor-grade TB accident when there is a complaint, denouncing, or when the trial is needed.

As part of the Provincial Labor accident investigation, there is a representative of the Chief Inspector of Safety, the labor hygiene of the provincial state governing body as the Head of the Union and its members are the Department of Health, representative of the Provincial Labor Federation. and some other members.

3. Minister of Labour-Trade and Social Affairs or the state agency has the authority to establish a Central Labor Accused Accident Investigation Corps to conduct investigation of the labor accidents when it finds the serious nature of the labor accident or the level. The complication of the investigation of the labor accident exceeded the ability of the Provincial Labor accident investigation; the investigation of the labor accident was investigated by the Provincial Labor Accused Service.

As part of the Central Labor Accused Board, the Ministry of Labor and Social Affairs, representatives of the Ministry of Health and Social Affairs, represented the Ministry of Health, representatives of the Vietnam Workers ' Union, and several other members.

4. For the accidents, the incident stipulated at the point of paragraph 1 Article 34 of the Law, the implementation of the investigation by the rule of law, the law of labour, and the coordination of the safety inspector, the labor hygiene.

5. The employer and the individuals involved in the labor accident, the technical incident that causes safety, labor hygiene, the safety of the technique that causes safety, the serious sanitation must be obliged to cooperate with the investigation, providing full information to the public. believe, the document is relevant and is not denied or obstructs the investigation process.

In case of the accident on the way and from where to work the state agency has the authority responsible for providing the Corps to investigate one of the following papers:

a) The current examination of the crime scene and the scene of the crash site;

b) The border accident investigation;

c) The case does not have the prescribed papers at the point a, this b point is required to have an accident confirmation of the accident of the Public Security Agency, the ward, the town where the accident occurred at the request of the worker or the worker's relatives.

6. The duration of the employment of the labor accident under the jurisdiction of the agency, provincial and central-level labor accident regulations at 1, 2 and 3 This Article is calculated from the time of the report, declare the labor accident until the announcement is made. The report of the labor accident is as follows:

a) No more than 04 days for labor accidents that hurt workers;

b) No more than 7 days for the labor accident that seriously injured a worker;

c) No more than 20 days for the labor accident that seriously injured two workers.

d) No more than 30 days for fatal labor accidents; no more than 60 days for labor accidents that need to be technical or forensic monitoring. The case of an accident with a criminal record of criminal investigation conducted by the investigative agency but later decided not to prosecute the criminal case, the duration of the investigation was calculated since the operation of the operation in the labor accident received full documentation, objects, media. It's about the accident.

For the labour accident stipulated at the b, c and d points of this paragraph there is a complex condition that is given a one-time investigation but the extension deadline does not exceed the specified deadline at these points; the Chief Executive must report the work. The extension and consent of the original decision to establish a labor accident investigation into the labor accident stipulated at points b, c, and d.

7. During the investigation of the prescribed labor accident at 1, 2 and 3 Articles that found signs of crime, the convoy must report by text, accompanied by documents, transfer of objects, related vehicles (if any) to the agency, the agency said. To consider, prosecute the criminal case under the rule of criminal proceedings.

The resolution deadline for the prosecution petition does follow the rule of law on criminal proceedings; the case of the agency investigating the decision not to prosecute the case, then in the 05-day period, since the decision was not to prosecute the criminal case, the agency said. The investigation is responsible for providing and transferring to the Worker Accident Investigation of documents, objects, vehicles related to the labor accident.

8. The labor accident investigation must be publicly announced at the meeting under the chairperson of the Chief of the Labor Accused Accident Investigation and the participants are members of the Executive Corps, the employer or the agent who is employed by the historian. Civil rights workers, representatives of the union, the victim, the victim, the victim, the victim, the victim, the victim, the victim, the victim, the victim, the victim of the accident; the case of a fatal labor accident. I'm going to have to check the people

The report of the labor accident investigation and the publication of the publication of the publication of the labor accident investigation must be sent to the agencies with members of the labor accident investigation corps, the state governing body of labor, the employer of the facility. labour accidents and victims or relatives of the person with a labor accident.

9. The responsibility of the publication of the investigation of the labor accident and other necessary information concerning the labor accident is as follows:

a) The employer has the responsibility to publish information if the investigation of the labor accident stipulated in paragraph 1 This is the responsibility of the employer; the People's Committee of the People's Committee of the People's Information is informed if the labor accident is due to the Human Services Committee. It ' s a civil society.

b) The chief of the labor accident investigation or the state agency presiding over the investigation of the specified labor accidents at paragraph 2 and paragraph 3 This is responsible for the publication of the information;

c) The chief of the labor accident investigation or the state agency presiding over the investigation of the labor accidents is responsible for the publication of the information, except for the case of other regulated specialized law.

After receiving the report of the labor accident investigation and the publication of the publication of the publication of the labor accident investigation, the employer must perform a public listing, full of information so that the workers of the facility occur in a labour accident; The case of labor accidents happens to workers who do not follow the labor contract, and the People's Committee of the People's Committee must be publicly listed so that the people know;

d) The chief investigator or state agency that presided over the investigation of the accident, the incident under regulation at paragraph 4 This, investigating the safety of safety, labor hygiene and safety of the technical insecurity, severe labor hygiene could be found. The responsibility of public publication of the investigation of the investigation and other relevant information is concerned after the expiration of the investigation, except for the legal case of another regulation.

10. The case exceeds the deadline of investigation for the labor accident, the technical incident that causes safety, labor hygiene and safety insecurity, severe labor hygiene regulations in this Article that damages the rights, the legitimate interests of the government, and the government. The employer, the employer, is compensated by the rule of law.

11. The government regulates the details of classification, declaration, investigation, reporting of labor accidents, safety insecurity, labor hygiene, safety insecurity, severe labor hygiene, and the settlement of the labor accident regime to the public. The employer in the case of a labor accident has a decision to prosecute the criminal case.

What? 36. Statistics, labor accident reports, technical incidents that cause loss of safety, serious labor hygiene, and security.

1. The employer must statistive, report the labor accident, the security incident that causes safety, severe labor hygiene at its base and the 6-month term, annually, the state regulatory agency report on provincial labor, except for the legal case. Well, the law specializes in other regulations.

2. A 6-month period, the annual, the People's Committee of the People's Committee, the labor accident report, the security incident that causes safety, severe sanitation, and severe labor related to the worker who does not follow the contract of employment at the point of one Article 34. of this Law with the District People's Committee to sum up, reporting the state governing body on provincial labor.

3. The state governing body for provincial labor is responsible for reporting labor accidents, safety insecurity, severe labor hygiene, reported in paragraph 1 and paragraph 2 This with the Ministry of Labor-Trade and Trade in the United States. And the soldiers and the societies were like:

a) A quick report of fatal labor accidents, the technical incident that causes a safety loss, severe labor hygiene occurs on the site;

b) A 6-month term, every year, to report a report of labor accidents, a loss of safety, severe labor, and safety workers on the site.

4. A 6-month period, annually, the Ministry of Health statistics cases of persons with a labor accident and treatment at the clinic, healing and sending the Ministry of Labor-Trade and Social Affairs.

5. The Ministry of Labor-Trade and Social Organization, which guides the collection, storage, aggregation, supply, publication, assessment of the labor accident situation, the security incident that causes safety, severe labor hygiene; construction organization, database management It ' s about safety in the country.

What? 37. Statistics, occupational illness reports.

1. All labourers who suffer from occupational diseases must be statistically and reported in accordance with the provisions of the Minister of Health.

The category of occupational diseases issued by the Minister of Health after taking the opinion of the Ministry of Labor-Trade and Social Affairs, the Vietnam Labor Federation, the organization representing the employer, the social organization was involved and modified, supplemated by the Ministry of Health. consistent with changes in the environment of labor, equipment, technology.

2. Every year, employers have to report, statistically, anti-occupational diseases for the state governing body of provincial health for synthesis, reports the Ministry of Health.

3. Every year, the Ministry of Health sends out a statistical report, assessment of occupational diseases, the situation that performs room work, anti-occupational diseases for the Ministry of Labor-Trade and Social Affairs, the Government report.

4. The Ministry of Health organizes, instructs the collection, storage, aggregations, supply, publication, assessment of occupational diseases; construction organization, room management database management, prevention of occupational diseases; organization investigating occupational diseases.

Item 2

THE RESPONSIBILITY OF THE EMPLOYER TO THE PERSON

LABOR ACCIDENT, OCCUPATIONAL ILLNESS.

What? 38. The employer ' s responsibility for labourers suffers from labor accident, occupational illness and disease.

Employers are responsible for workers who suffer from labor accidents, occupational diseases such as the following:

1. Save the time of the rescue, the emergency of the worker who suffers from labor accidents and has to pay for the cost of saving, emergency and treatment for workers with a labor accident or occupational illness;

2. Payment of medical expenses from the time of the evacuation, the emergency comes when the treatment is stable for people with labor accidents or occupational diseases as follows:

a) Pay the portion of the cost of the dollar paid and the costs that are not in the category due to the health insurance paid for the worker to participate in health insurance;

b) Pay for the examination fee of the impairment of labor capacity for those in case of a 5% labor decline in labor force by employers who introduced workers to examine the decline of labor capacity at the Board of Health. -

c) The full payment of medical expenses to workers who do not participate in health insurance;

3. Pay enough wages for workers who suffer from labor accidents, occupational illness must take a job off during treatment, rehabilitation of labor function;

4. The compensation for the worker who suffers from a labor accident without completely due to the fault of the person himself causes and for the worker who suffers from occupational illness with the following level:

a) At least 1.5 months of wages are reduced from 5% to 10% of the labor capacity; then a 1% increase is added to 0.4 months of wages if it is deduced from 11% to 80%.

b) At least 30 months of wages for labourers are impaired labour capacity from 81% or to the worker ' s relatives who are killed by labor accidents, occupational diseases;

5. The allowance for workers with a labor accident that their own error causes a sum of at least 40% of the regulation at paragraph 4 This is with the rate of the corresponding labor impairment;

6. Introduction to labourers suffering from labor accidents, occupational diseases identified by the medical examiner determine the level of labor capacity impairment, treated, nursing, rehabilitation of labor according to the rule of law;

7. Make compensation, subsidies to people with labor accidents, occupational diseases for a period of 5 days, since the date of the Council 's conclusions of the medical examiner' s conclusions about the decline of labor capacity or since the date of the labor accident investigation. The border of the labor accident on deadly labor accidents;

8. Sort of appropriate work in accordance with the health of the Council of Medical depositions on workers suffering from labor accidents, occupational illness after treatment, rehabilitation if further work;

9. Set up a regime ' s regime in labor accidents, occupational diseases from the labor accident Insurance Fund, occupational illness according to the Section 3 Chapter;

10. salaries to make the basis of the compensation, allowable, salaries paid to the worker who quit due to labor accidents, occupational diseases prescribed at 3, 4 and 5 This is a salary that includes salaries, salaries, salaries, and salaries. The other additions made the law of labor law.

11. Minister of Labor-Trade and Social Affairs regulates the details of the 3, 4 and 5 Articles.

What? 39. The responsibility of the employer on compensation, subsidies in the case of intensive care when the worker suffers from a labor accident.

1. The case of labourers who suffer from a labor accident when performing tasks or following the executive use of employers outside the scope of the agency, the business, organization, cooperation, if the fault of the other person causes or does not identify the person causing it. The employer still has to pay the employer by regulation at paragraph 4 Article 38 of the Law.

2. The case of labourers who are in an accident when traveling from their destination to work or from work places in the route and reasonable time, if the error of the other person causes or does not identify the person causing the accident, the employer of the aid worker. for employers by regulation at paragraph 5 Article 38 of this Law.

3. Cases of employers who have purchased accident insurance for people with labor accidents at insurance business operations units, the person with labor accidents is entitled to pay compensation payments, contract subsidies signed with the unit, the report said. Insurance business. If the amount that the insurance business unit pays for the person with labor accidents is lower than the regulation rate at paragraph 4 and paragraph 5 Article 38 of this Law, then the employer must pay the missing part to the total amount of people suffering from labor or body accidents. The employee of the person with the labor accident received at least by the compensation level, the allowance stipulated at paragraph 4 and paragraph 5 Article 38 of the Law.

4. If employers do not close the labor accident insurance, the occupational illness for the worker of the subject is subject to compulsory social insurance by the Social Insurance Act, then in addition to having to compensate, the prescribed allowance at a local level. Article 38 of this Law, the employer must pay the corresponding amount to the labor accident insurance regime, the prescribed occupational illness at Section 3 This chapter when workers are suffering from labor accidents, occupational diseases; the pay can carry out their work. Once or every month under the terms of the parties ' agreement, the inconsistency is done at the request of the worker.

5. Minister of Labour-Trade and Social Affairs regulates this.

What? 40. The case of workers is not entitled to the regime from the employer when the labor accident.

1. The worker does not enjoy the regime from the employer specified in Article 38 and Article 39 of this Law if the accident belongs to one of the following causes:

a) Due to the conflict of the victim itself with the person who caused the accident without regard to the execution of the work, the duty of labor;

b) Due to the labourers deliberately destroying the health of the self;

c) Due to the use of drugs, other addicants are contrary to the rule of law.

2. Minister of Labour-Trade and Social Affairs regulates this.

Section 3

LABOR ACCIDENT INSURANCE, OCCUPATIONAL HAZARD.

What? 41. Principles of implementation of the regime for people with labor accidents, occupational diseases from the Labor Acct Insurance Fund, occupational illness.

1. The labor accident insurance fund, occupational illness is the component fund of the Social Insurance Fund; the closure, the management, management and use of the fund implemented by the regulation of this Law and Social Insurance Law.

2. An occupational hazard level, occupational illness is calculated on the worker's monthly wages basis and by employers.

3. The level of subsidies, the level of support for people with labor accidents, occupational illness is calculated on the basis of the impairment of labor capacity, closed levels and the closing time into the labor accident insurance Fund, occupational illness.

4. The implementation of the labor accident insurance, the occupational illness must be simple, easy, convenient, timely and full of rights to the employer of labor accidents, occupational diseases.

What? 42. Using the Occupational Hazard Insurance Fund, occupational illness

1. Pay the medical examiner 's examination, illness due to labor accidents, occupational diseases for eligible cases of regulation at Article 45 and Article 46 of this Law; the provision of the examination fee on the case of the active worker' s examination. specifies the level of labour impairment by regulation at point b 1 and paragraph 3 Article 47 of this Law that the results of the autopsy are eligible to regulate the increase in labor accident allowance, occupational illness.

2. First-degree allowance, monthly allowance, service allowance.

3. Cost of assisted living help, orthopeTools.

4. Health care, health recovery.

5. Cost of prevention, share of the risk of labor accidents, occupational diseases.

6. Support for occupational conversion for people with labor accidents, occupational illness when returning to work.

7. Cost of occupational hazard management, occupational illness, according to the regulation of the Social Insurance Act.

8. The cost of health insurance for the retie who benefits the health care insurance allowance, occupational illness every month.

What? 43. Subject to the application of labor accident insurance, occupational illness

1. Subject to the applicable labor accident insurance regime, the prescribed occupational illness at this Section is the worker involved in compulsory social insurance at points a, b, c, d, e, e and h paragraph 1 Article 2 and the employer stipulated at the site. Paragraph 3 Article 2 of the Social Insurance Act.

2. The case of workers who deal with labor contracts with many employers the employer must close the labor accident insurance, the occupational illness according to each of the labor contracts that has been assigned if the subject of the subject must be involved. It's a mandatory social insurance. When a labor accident, occupational illness is the employer of the labor accident regime, the occupational illness under the principle of regulation, the Government of the Regulation.

What? 44. The level of closure, the source of the labor accident insurance fund, occupational illness

1. The employer annually closes a maximum of 1% on the wage fund as a social insurance base of the worker stipulated at Article 43 of the Law on the Labor Accident Insurance Fund, occupational illness.

2. The source of the labor accident insurance Fund, occupational illness including:

a) The contribution of the responsibility of the employer specified in this one Article;

b) Pre-life of the investment activity from the fund by regulation at Article 90 and Article 91 of the Social Insurance Act;

c) Other legal sources.

3. Based on the ability to secure the balance of labor and occupational insurance, the government regulates how to close it into the regulatory fund.

What? 45. The impact of labor accidents

Workers who participate in the labor accident insurance, the occupational illness are entitled to the labor accident regime when there are enough of the following conditions:

1. Accused of one of the following cases:

a) At the workplace and during work hours, even if it is making the necessary living needs at work or during work hours the labor and labor law of the manufacturing facility, the business allows, including the break-out, eat between ca, eat restitution. kine, menstruation, bath, breastfeeding, toilet;

b) In addition to the workplace or outside of working hours when doing work at the request of the employer or the person employed by the employer by direct writing of the labor management;

c) On the route from where to work or from where to work is in the time span and the route is reasonable;

2. reduce labor capacity from 5% or more due to accidental accident at 1 Article;

3. The worker is not entitled to the regime due to the Labor Accident Insurance Fund, the occupational illness paid if belonging to one of the prescribed causes at 1 Article 40 of this Law.

What? 46. The condition of occupational illness

1. The worker involved in the labor accident insurance, the occupational illness enjoyed a career in occupational illness when there was enough of the following conditions:

a) A occupational illness in the category of occupational diseases issued by the Minister of Health under the provisions of Article 37 of this Law;

b) The decline of labor capacity from 5% or more due to the disease stipulated at this point.

2. The worker who reties when he is retired or is no longer working in the professions, the job is at the risk of occupational illness under the Department of Occupational Health issued by the Minister of Health in accordance with Article 37 of the Law which finds the disease. In the time of the rule, it is decided to review, to resolve the regime by the government.

What? 47. Managing the decline of labor capacity

1. The worker who suffers from a labor accident, occupational illness is being monitored or remonitoring the level of labor capacity decline when belonging to one of the following cases:

a) After suffering from injury, the first disease has been treated with stable treatment and health effects;

b) After the injury, recurve illness has been treated well;

c) For the case of a disability or occupational illness with no stable treatment at the regulation of the Minister of Health, the worker is either predetermined or immediately in the treatment process.

2. The worker is set to aggregate the impairment of labor capacity when belonging to one of the following cases:

a) I've just been in a labor accident, occupational sickness.

b) suffer many times;

c) A lot of occupational diseases.

3. The worker stipulated at the point b 1 This was redirected to labor accidents, occupational illness after 24 months, since the day the worker was concluded by the medical examiner ' s Board to conclude the likelihood of an adjacent labor capacity; the case was due. The properties of occupational diseases cause workers to decline in rapid health, the time the monitoring is made earlier in accordance with the provisions of the Minister of Health.

What? 48. Assistant once

1. The worker who is impaired in labor capacity from 5% to 30% is entitled to the grant once.

2. The level of subsidy is specified as follows:

a) A 5% decrease in labor capacity is awarded five times the base salary, and then one percent decline is added to 0.5 times the base salary;

b) In addition to the regulatory allowance at the point of this one, the number of years added to the employment insurance fund, the occupational hazard, the occupational illness, from a year or a half month it is charged with 0.5 months, then add every year to the fund. is charged with an additional 0.3 months of unpaid wages to the fund of the adjacent month before the month of labor accident or identified with occupational diseases; the case of a labor accident in the first month of participating in the fund or having time to join the hiatus after. Back to work, the wage base for this allowance was the salary of that month.

3. Minister of Labor-Trade and Social Affairs regulates the impact of labor accident subsidies, occupational diseases in the case of workers who change the level of subsidies due to reregulation, aggregations.

What? 49. monthly allowance

1. The worker who suffers from a 31% worker ' s ability to work is entitled to a monthly allowance.

2. The monthly level allowance is prescribed as follows:

a) A 31% reduction in labor capacity is equal to 30% of the base salary, and then a 1% decrease in the amount of the base salary;

b) In addition to the regulatory allowance at the point of this one, the monthly allowance is added to an annuation of the number of years that has entered the Labor Acct Insurance Fund, occupational illness, from a year back to being counted by 0.5%, then add every year to close. The fund is calculated to add 0.3% of the wage to an adjacent month ' s fund before the month of labor accident or is identified with occupational diseases; the case of a labor accident in the first month of participating in the fund or having an interruption of time. And then back to work, the wage base for this allowance is the paycheck for that month.

3. Pause, Labor Accident Allowance, a monthly occupational illness, the subsidy serving as prescribed at Article 64 of the Social Insurance Act; records, the self-resolution process of aiding labor accident allowance, occupational illness every month. It is currently prescribed at Article 113 and Article 114 of the Social Insurance Act. The state of Social Insurance, the social insurance agency must inform the decision of the Social Insurance Act, and the decision to end the decision, the decision of the state agency. You have jurisdiction.

4. The person who is enjoying a daily labor accident when moving to elsewhere in the country is willing to enjoy a new residency at a new residence, the application of the health insurance agency. For a period of 5 days, since the date of receiving the application, the social insurance agency has a responsibility to resolve; the unresolved case must be answered by writing and stating the reason.

5. The person who is enjoying a labor accident allowance, occupational illness every month when abroad for settlement to be awarded a one-time grant; the grant of a 3-month degree of allowable allowance. The profile, the self-resolution of the one-time grant, carried out the provisions at paragraph 2, paragraph 3 Articles 109 and paragraph 4 Article 110 of the Social Insurance Act.

6. The level of labor accident allowance, monthly occupational illness, catering allowance is adjusted to the prescribed level of the Social Insurance Act.

What? 50.

1. The timing of the regulatory allowance at the 48th, 49, and 52 terms of this law is charged from the month of the treatment of stable treatment workers, to the institute or from the month of the medical examiner ' s conclusions in the absence of boarding treatment; the school of oversight. The date of the treatment of the treatment, the hospital of the treatment of the labor accident, the latter of the treatment for the labor accident, the last occupational illness, or the end of the month. The Council of Medical Supervisor's synthesis is in the absence of inpatient treatment.

The case of a labor accident, occupational illness, was later undetermined by the time of the treatment of the treatment, and the time of the employment of the labor accident, the occupational illness was calculated as a result of the medical examiner's conclusions. Occupational hazard, the time of acute distress from the month of workers is granted a certificate of HIV/AIDS infection by occupational risk.

2. The case of labourers is to be able to degrade the level of labor capacity stipulated at point b 1 and paragraph 2 Article 47 of the Law, the time of the new level of grant is calculated from the month of the conclusion of the Council of Medical Monitoring.

What? 51. Utilitiate delivery vehicle, orthope/orthopeit

1. The worker who suffers from a labor accident, occupational illness that suffers from damage to the body ' s operating functions is granted money to purchase assisted living aids, orthopetic instruments based on the basis of disability, disease, and treatment. specify the basis of the examination facility, the healing, the orthopeal basis, the rehabilitation function required, specialized conditions, techniques.

2. Minister of Labor-Trade and Social Affairs regulates the details of the type of vehicle for help living, editing tools, dates, utilities purchase, orthopeos, orthopeos, and profile.

What? 52. Assistant Service

Workers are impaired by an 81% increase in labor, which is paralyzed, or two-eyed, or amputated, listing two limbs or suffering from mental illness at Article 49 of the Law, which is also granted a pension. The facility.

What? 53. Assistant when workers die from a labor accident, occupational illness.

The worker's relatives are entitled to a once thirty-six times the base salary in the month of the worker's death and is entitled to the degree of death by the rules of the Social Insurance Act when belonging to one of the following cases:

1. The worker is working to die from a labor accident, occupational illness;

2. The worker was killed in the first treatment period due to labor accidents, occupational diseases;

3. The worker who was killed during the treatment of the disability, the illness that has yet to be set to the extent of the impairment of labor capacity.

The records of the death rate in the case of the worker died as a result of the labor accident, the occupational illness carried out by the regulation at 1 Article 111 of the Social Insurance Act.

What? 54. Healing, health recovery after treatment of disability, illness and disease

1. The worker after treatment is stable due to a labor accident or illness due to occupational illness, during the early 30-day return to work where the unrecovered health is resting, recovering health from 05 days to 10 days for a healthy patient. It was a labor accident, occupational illness.

The unrecognized case of the conclusion of the decision to degrade the health of the medical examiner ' s employment during the first 30 days returned to work the worker was still addressing the health care regime, recovering the health to the worker after being released. treatment for disability, disease by regulation at paragraph 2, if the Board of the Medical Board concludes that the decline of labor capacity is eligible to benefit the health of labor accidents, occupational diseases.

2. The number of days of health rest, the recovery of regulatory health at 1 This is decided by the employer and the Board of the Company to decide, where the unit of employment is not established by the employer, due to the user's use of the labor force. Health break time, health rehabilitation is prescribed as follows:

a) A maximum of 10 days for the case of a labor accident, occupational illness has a decreased level of labor capacity from 51% or more;

b) A maximum of 7 days for the case of a labor accident, occupational illness has a decline in labor capacity from 31% to 50%;

c) A maximum of 5 days for the case of a labor accident, occupational diseases have a decline in labor capacity from 15% to 30%.

3. The worker stipulated at paragraph 1 This is given 1 days by 30% of the base salary.

What? 55. Support for occupational conversion for worker who suffers from labor accidents, occupational illness when returning to work.

1. The case of a person with a labor accident, occupational illness is employed by the employer by the employer in accordance with the regulation at paragraph 8 Article 38 of this Law, if the training of workers to convert the profession is supported. A fee

2. The support level is no more than 50% of tuition fees and no more than fifteen times the base salary; the number of maximum support for each worker is twice and for 01 years is only receiving support once.

What? 56. Support of prevarable activities, share of risk of labor accidents, occupational diseases

1. Every year, the labor accident insurance fund, the occupational illness spends a maximum of 10 percent of its revenue in support of preventable activities, sharing the risk of labor accidents, occupational diseases.

2. The prevention activities, which share the risk of labor accidents, occupational diseases that are supported include:

a) exploring, healing of occupational diseases;

b) Restart labor function;

c) Investigations of labor accidents, occupational diseases at the request of the social insurance agency;

d) Training on safety, sanitation for the participants in the insurance of labor accidents, occupational diseases, and the subject of regulation at paragraph 1 and paragraph 2 Article 14 of this Law.

3. Support of regulatory activities at the point a and b point 2 This does not include the portion of the costs provided by the Health Insurance Fund which has paid under the provisions of the Health Insurance Law or the employer-assisted by the employer under the regulation at paragraph 2 Article 38. of this law.

4. The government regulates the details of support conditions, records, support levels, support times, sequencing, support procedures, the competent agency that decides the support, the organization implementing the regulatory support policy at Article 55 and Article 56 of this Law and must be required to do so. Guaranteed to balance the labor insurance fund, occupational hazard.

What? 57.

1. Social Insurance.

2. Paper out of the hospital or to extract the case file after having treated the labor accident on the boarding school.

3. The border that monitors the level of labor incompetence of the Board of Medical Monitoring.

4. Text of the proposal to resolve the labor accident regime by the Vietnamese Social Insurance issued after the unification of the opinion with the Ministry of Labor-Trade and Social Affairs.

What? 58.

1. Social Insurance.

2. Paper out of the hospital or citation of a medical record after treatment of a occupational illness; the absence of an inpatient treatment at the clinic, treating the disease, has to have a career certificate.

3. The border that monitors the employment rate of the medical examiner ' s employment; cases of HIV/AIDS infection due to occupational risk accidents, in lieu of a Certificate of HIV/AIDS infection due to occupational risk accidents.

4. Text of the proposed settlement of occupational illness under the sample issued by the Social Insurance of Vietnam after the unification of the opinion with the Ministry of Labor-Trade and Social Affairs.

What? 59. The resolution of the labor accident insurance, occupational illness.

1. The employer filed a file for the social insurance agency for a period of 30 days, since the date received full pool of occupational hazard insurance, the prescribed occupational illness at Article 57 and Article 58 of this Law.

2. In the 10-day period, since the date of receiving enough records, the social insurance agency is responsible for the resolution of the employment insurance regime, occupational illness; the unresolved case must be answered by writing and stating the reason.

What? 60. The resolution of the pension benefits, health rehabilitation after labor accidents, occupational illness.

1. The employer set up a list of people who have enjoyed labor accident insurance, the occupational illness that the health has not yet recovered and submitted to the social insurance agency for a 10-day period, since the day the worker is identified as unrestored health. I mean, the rules are under Article 54 of this law.

2. In the 10-day period, since the receiving of the list, the social insurance agency is responsible for addressing the health care, rehabilitation of workers and transferring money to the unit of labor use; the unresolved case must be answered by law. text and specify a reason.

3. During the 5-day period, since the date received money from the social insurance agency, the employer is liable to pay the worker's allowance.

What? 61. The resolution of labor accident insurance, slow occupational illness compared to the deadline of regulation.

1. The case beyond the time of the employment insurance policy of the labor accident, the occupational illness is regulated at Article 59 and paragraph 1 Article 60 of this Law is required to process in writing and specify the reason.

2. The case of the resolution of the labor accident insurance, occupational illness and slow pension payments compared to the prescribed deadline, causing damage to the right, the legitimate interest of the beneficiary is compensated by the rule of law, minus the school. It is the fault of the worker himself or of the worker's relatives who are entitled to the death.

What? 62. Records, the self-examination program that monitors the decline of labor capacity to address the labor accident insurance regime, occupational illness.

1. Records, the self-examination program that monitors the decline of labor capacity to address the labor accident insurance regime, the occupational illness prescribed by the Minister of Health.

2. The examination of the level of labor impairment capacity must guarantee accurate, public, transparent. The Council of the Medical examiner is responsible for the accuracy of its monitoring results by the rule of law.

Chapter IV

SAFE WARRANTY, LABOR HYGIENE

FOR SOME PARTICULAR LABOR.

What? 63. Safe, labor hygiene to female labor, unjuvenile labor, labor as a disability, as well.

Safety regulations, labor hygiene to female labor, unjuvenile labor, labor as a disability, according to the provisions of the Labor Code, the Law of Disabled Persons and the Law.

What? 64. The condition of using elderly workers in employment, hard work, malicious, dangerous and dangerous.

1. Only use of skilled labourers, hard work, malicious, dangerous, particularly hard, harmful, harmful to the health of elderly workers when the following conditions are available:

a) A highly experienced, skilled worker with a career seniority of 15 years or more; there is certification or certificate or recognition as an artifact of law;

b) The elderly worker has sufficient health care, hard work, malicious, dangerous according to health standards issued by the Minister of Health after having an opinion of the department;

c) Only use of no more than 5 years for each employee of the age;

d) There is at least one worker who is not the elderly worker at the same work;

There is a voluntary employment of the elderly worker at the time of work.

2. The government regulates this.

What? 65. Safety, labor hygiene in the case of rehiring labor.

1. Enterprise for rehiring Labour has the following responsibility:

a) Agreement with the rehiring of labor in the guarantee of the right and the legal benefits of safety, the labor hygiene of the leaseback worker but not lower than the employer of the employer who has the same qualifications, doing the same job. or the work has the same value; the contents of the agreed content on the lease of the lease and the implementation of the employer's obligations under the provisions of the Code of Labor and Law;

b) Coordination and control of the employer perform the safety guarantee, the labor hygiene for the rehired labourers. The employer case the employer does not fully implement the commitment to safety guarantees, the labor hygiene in the contract for the contracting labor, the labour rental business is responsible for ensuring full of the rights of the labor. The labourers hired.

c) Save the safety record, the labor hygiene is associated with the employer renting; the implementation of the labor accident report, the prescribed occupational illness at Article 36 and Article 37 of this Law.

2. The employer is responsible for the following:

a) There is a full implementation of the commitment in the lease of labor; it is not to be discriminated against, the labor of labor to the labourers who are hired against their labourers;

b) When the labor accident, the technical incident that caused safety, the labor hygiene to the worker leaseback, had to be timely, the emergency to the victim, and immediately informed the business of hiring labor and making the report, the investigation said. specified in Article 34 and Article 35 of the Law;

c) The safety training organization, the labor hygiene for the worker who rehired by the regulation of this Law, except for the case of the employment of the employer, has organized the training in accordance with the work that the labourers have been given; a six-month term. Every year, the labor accident synthesis, the occupational illness of the leadworker, sends the business to the labor lease.

d) Coordinated with the rental business of employers in the investigation of the labor accident; keeping the records of safety, labor hygiene is associated with the rehired labourers.

3. The leadworker must comply with the internal compliance, process and safety assurance, the labor party ' s labor hygiene is in labor.

4. The government regulates the details of safety, sanitation workers in the event of rehiring labor; the responsibility of the business for rehiring labor, the rehiring of labor to the employer, ensuring the rights and benefits of the workers. The lease is consistent with the provisions of the Labor Code and the Law.

What? 66. Safe, sanitary sanitation at the site of many labourers of many employers who work together.

In the workplace, many employers are employed by many employers, or the owner of the project, or the owner of the organization, to allow employers to establish a document that determines each person's responsibility to ensure safety, protection, and security. labor labor for the worker and the person to coordinate safety checks, sanitation.

What? 67. Safety, labor hygiene to Vietnamese workers. He went to work abroad.

1. Vietnam labourman traveling abroad stipulated at this includes the Vietnamese labourers who perform the duty abroad due to the employer ' s employer, and Vietnamese workers who go to work abroad under contract according to their provisions. Vietnamese labour law goes to work abroad under contract.

2. The employer must comply with the safety regulations, the labor hygiene of the state law, and must comply with the following regulations:

a) The guarantee of full implementation of safety measures, labor hygiene, labor accident insurance, occupational diseases, and employers ' responsibilities for workers prescribed in this Law; the country's regulation case. These regimes are more beneficial for workers to follow the rules of the country.

b) Coordinate with the competent authority of the country in the conduct of an accident investigation, the disease happened to the worker;

c) For fatal labor accidents, severe labor accidents are required to provide records, documents related to the labor accident for Safe Inspects, the provincial sanitation of the provincial level in Vietnam at the site of the employer's headquarters.

3. Vietnamese workers who go to work abroad must obey the provisions of Vietnamese law, the law of the country, except for the case of the International Convention that the Socialist Republic of Vietnam is another regulated member.

What? 68. Safe, labor hygiene to labor is the one who helps the family.

1. The employer has the responsibility to guide the use of machine, equipment, supplies, room measures, anti-fire, explosion in the family that is associated with the work of the worker who helps the family; the implementation of the regimes that are related to the guarantee. safety and health care of the labourers who help the family.

2. Labor is the person who helps the family have the right to accept the right instructions for using machine, equipment, supplies and rooms, fire fighting, explosions.

3. The Minister of Labour-Trade and Social Affairs regulates the contents of safety, the labor hygiene applied to the worker who helps the family.

What? 69. Safe, labor hygiene for labourers who take job jobs at home.

1. The worker when written agreement with the employer about the delivery of employment at home on the basis of the worker 's base on the worker' s assurance of safety, sanitation for the work is delivered at home.

2. If the labor accident occurs when working at home, the workers or their relatives must report immediately so that the employer knows.

The case of the person with a labor accident has been involved in the insurance of labor accidents, occupational diseases, and policies, the regime involved in the person suffering from labor accidents, occupational diseases, as prescribed by the law.

The case of the person suffering from the accident is that the person who is not involved in a labor accident, occupational illness, the employer is responsible for addressing the rights to the worker in accordance with provisions 1, 2, 3, 4, 5, 6, 7, 8. and 10 Articles 38 of this Law.

3. The employer is responsible for examining the safety, labor hygiene to the workplace of the labourers who take the job at home; make commitments in agreement with the worker who takes the job of employment at home; the press release. Labour accidents occur when working at the employer's home along with a joint report on the labor accident stipulated at Article 36 of the Law.

What? 70. Safety, labor hygiene to students, students, apprentiers, apprenties, trials, jobs.

1. The institution of education, the vocational institution responsible for ensuring safe, sanitary conditions for students, students, apprentiers during practice, professions such as for labourers stipulated at the terms 15, 16, 18, 19, 20, 23, 24, 25 and paragraph 1 Article 27 of this law.

2. The employer is responsible for carrying out safety regulations, labor hygiene to apprentiers, apprenties, trials such as for workers in the Law, including cases of labor accidents.

3. Students, students, apprentiers in the time of practice, apprentiup, practice must comply with safety regulations, labor hygiene of educational institutions, vocational facilities.

In the case of students, students during the practice of labor accidents are supported by government regulation.

Chapter V.

SAFE WARRANTY, LABOR HYGIENE

FOR MANUFACTURING, BUSINESS

What? 71. Practice of safe work, labor hygiene in manufacturing facilities, business, and business.

1. The manufacturing facility, the business when the organization makes a safe work, the sanitation workers in addition to compliance with regulations, in terms of safety, sanitation at the I, II, III, and IV rules of the Law are also required to implement regulations at the Chapter.

2. The economic zone management, industrial zone, manufacturing district, high tech sector is responsible for directing the organization of safe work, sanitation to manufacturing facilities, business within the management range; co-ordination organization coordination, labour hygiene and reporting on safety, labor hygiene with the state governing body of labour within the management range, except for other regulated specialized law cases.

3. Base on scale, employment properties, the risk of labor accidents, occupational diseases, labor conditions, the Government stipulated to detail the application of safety regulations, labor hygiene of this Law on other facilities, the management of the economic zone, the region. Industry, manufacturing sector, high tech sector, defined in paragraph 2 which is consistent with the conditions of labor, organization, apparatus, functions, tasks, and other provisions of the relevant specialized law.

What? 72. Ministry of safety, labor hygiene

1. Base on scale, employment properties, the risk of labor accidents, occupational diseases, labor conditions that employers have to set up a safety worker, labor sanitation, or establishment of a safety work management department, labor sanitation, and employment. at the facility.

The government regulates this.

2. The person who works as a safety worker, labor sanitation or safety department, labor hygiene is tasked with staff, which helps employers to organize safety, labor sanitation at the base of production, business, including the following primary content. Here:

a) Civil Construction, process, safety assurance, sanitation; prevention, fire, fire;

b) Construction, the implementation of the implementation of the safety plan, the annual sanitation; assessment of the risk and construction of emergency response plans;

c) Management and monitoring of declaration, machine testing, equipment, supplies, substances with strict requirements for safety, labor hygiene;

d) The organization performs information activities, propaganda, safety training, labor sanitation; evacuation, emergency, room, anti-occupational diseases for workers;

The self-examination of the safety, sanitation of labor; investigation of the labor accident, the safety of the engineering, the sanitation, and the regulation of the law;

e) Host, coordinating the medical department that organizes monitoring, controlling risk factors, harmful factors;

g) The synthesis and proposal with the employer address the petition of the inspection team, the inspection team and the workers of safety, the labor hygiene;

h) Coordinated with the Executive Board of the Executive Committee for the duty of safety, hygiene;

i) Race competition, commendation, disciplinary processing, statistics, safety reporting, labor hygiene.

3. The worker of safety, sanitation, safety department, labor hygiene has the following right:

a) Request that the person in charge of the production department order the order to suspend work or may decide to suspend work only in case of an emergency when detected the risks of the labor accident in order to carry out safety assurance measures, labor hygiene, and security. You have to report people using labor.

b) The suspension of the operation of the machine, the device does not guarantee safety or has expired use;

c) Being employed by the employer of the time to attend the training class, fostering employment for safety, sanitation, and law.

4. People who do safety, sanitation, labor must have expertise, a career in engineering and have an understanding of the practice of manufacturing operations, the business of the facility.

5. The case of production facilities, business insolvable or unfounded business is safe, sanitation under regulation at paragraph 1 and paragraph 4 This must hire organizations with sufficient capacity under the law of law enforcement of the law. The safe duty, the sanitation, the provisions of this two.

What? 73. Health Division

1. Based on the scale, labor nature, the risk of labor accidents, occupational diseases, labor conditions that employers have to set up employment as medical workers or the establishment of the health department responsible for the care and health management of the labourers. Oh,

The government regulates this.

2. The person who worked as a medical worker, the medical department tasked with staff, helped the employer and directly carry out the management of the worker ' s health, with the following mainly following:

a) The construction of the methodology, means of rescue, emergency, essential medicines, and the emergency emergency emergency situation, the organization of the rescue, emergency services to the workers at the facility;

b) Building a plan and organization of health care, discovery of occupational diseases, medical examiner determining the decline of labor capacity when suffering from labor accidents, occupational diseases, nursing and rehabilitation of labor functions, consulting room measures, health care, etc. Anti-occupational diseases; proposals, job placement in line with the health of workers;

c) The organization of the disease, the common treatment at the facility and the rescue, the emergency delivery of the victim when the accident occurred, the safety of the technology that caused safety, sanitation, and regulations;

d) Proclamation, dissemation of information on labor hygiene, rooms, anti-occupational illness, advanced health at work; examination of the acceptance of sanitation, organization, prevention, prevention, safety assurance, food hygiene for labourers at work. the facility; the organization performs an accretion in accordance with the rules;

It is established and manages information about sanitation, labor at work; organizing labor environment monitoring to evaluate harmful factors; managing worker health records, health records of people with occupational diseases (if any);

e) In coordination with the safety department, the labor hygiene performs the relevant tasks stipulated at paragraph 2 Article 72 of this Law.

3. The person who works as a medical worker, the medical department has the following right:

a) Request that the person in charge of the production department order the suspension of the work or may decide whether the temporary suspension of the job in case of an emergency when the detection of violations of the breach or the risk of health, illness, illness for the labourers. It also has to report people to employers about the condition; management of medical equipment, emergency services, emergency services, emergency services, and emergency services for workers at the facility;

b) The suspension of the use of substances does not guarantee safety, labor hygiene;

c) employed by the employer of the time to participate in meetings, conferences and transactions with local health authorities or ministry health, the industry to enhance the business and coordination of the work.

4. The person who worked as a medical worker at the facility must have a medical professional degree and certificate of expertise in labor health.

5. Cases of an unarranged basis for a person as a medical worker or not established by the prescribed medical department at paragraph 1 and paragraph 4 This must have a contract with the clinic, cure enough capacity under the provisions of the Minister of Health for the practice. The employment of human health care assignments in this 2.

What? 74. Safe.

1. Each production organization in the manufacturing facilities, business must have at least one safety, student guard during work hours. Employers decided to establish and enact the operational regulation of a secure network, the student guard after the unification of the opinion with the Executive Corps Executive Committee if the basis of production, business had established the Board of the Headquarters.

2. Safe, hygiene is the direct worker, who understands the expertise and safety techniques, the labor hygiene; the voluntary and the example in the acceptance of safety regulations, labor hygiene and the labourers in the organization.

3. Safety, hygiene operations under the management and guidance of the Board of the grassroots union, on the basis of the operational mechanisms of the operation of safety networks, sanitation; coordination of expertise, safety engineering, labor hygiene in the course of execution. task with the person who works as a safety worker, a labor hygiene or a safety work management department, labor hygiene, medical worker or medical department at the facility.

4. Safe, student hygiene with the following obligation:

a) The foreman, a reminder, instructs everyone in the nest, the team, the company, the company, to strict the regulations on safety, sanitation, maintenance of safe equipment, protection of the individual; reminding the captain, the captain, the administrator to approve the security regulations. The sanitation worker.

b) Monitoring of the standard implementation, regulation, process, safety, sanitation, sanitation, safety of safety, sanitation, safety of safety, sanitation of machine, equipment, supplies, materials, and workplaces;

c) Participate in the construction of safety plans, sanitation, and participation in the guidance of the safety of the new labourers to work in the nest;

d) Petition with the organization of the organization or superiors in full implementation of the protection of labor, safety assurance, sanitation and recovery in times of safety, hygiene of the machine, equipment, supplies, substance, and workplaces;

) Report union organization or labor inspector when there is a breach of safety, sanitation at work or where the safety of the machine, equipment, supplies, substances with a strict requirement of safety, labor hygiene has petied with the public. A man who uses labor without being remedied.

5. Safe, student security with the following:

a) Is provided with full information on the measure by which employers proceed to secure safety, sanitation at work;

b) It is spent part of the time working to carry out the tasks of safety, sanitation, but still being paid for the duration of the task and to enjoy a charge of responsibility.

The level of responsibility for the employer and the Executive Board of the Company unionts the agreement and is inscribed in the operational regulation of the safety net, the student guard;

c) requires that workers in the organization cease to work to make safe, sanitary measures, if there is a direct risk of an incident, a labor accident, and responsible for that decision;

d) To be educated, fostering professional, professional, operational methods.

What? 75. Safety Council, grassroots labor sanitation.

1. Base on the scale, labor nature, the risk of labor accidents, occupational diseases, labor conditions that the employer established the Safe Council, the grassroots labor sanitation.

The government regulates this.

2. The safety council, the basis of the following duties and powers:

a) Consulting, coordination with employers in the buildup of internal, process, planning, and safeguarding safeguards, labor hygiene at the manufacturing facility, business;

b) Every year, the organization of dialogue at the workplace between workers, employers to share information, enhance understanding and promote improvement of fair, safe working conditions for workers; enhance the efficiency of the work. policy, safety legislation, labor hygiene at the manufacturing facility, business;

c) The organization examines the implementation of the safety, labor sanitation at the manufacturing facility, business;

d) Ask the employer to take the treatment, overcome if the risk of loss of safety, sanitation.

3. The composition of the Safety Council, the base labor hygiene includes:

) The company of men who use labor as the President of the Council;

b) The representative of the Executive Committee of the facility or of the collective body of the labourers where there is no union organization as the Vice President of the Council;

c) The worker of the safety, sanitation of labor at the base of production, business is the permanent commissioner and secretary of the Council;

d) As a health worker at the manufacturing facility, business;

The other members are involved.

The component of the Safety Council, the base labor hygiene must guarantee the proportion of female members to participate in accordance with the principle of gender equality, the actual conditions at the manufacturing facility, business.

What? 76. Safe plan, labor hygiene

1. Every year, employers have to build and organize a safety plan, labor sanitation. For the development work of the five plans, the content is required to add the appropriate content to the safety plan, the labor hygiene.

2. The planning of safety, labor hygiene must be taken to the opinion of the Board of the Headquarters and based on the following bases:

a) Assessment of safety, sanitation at work; control of hazardous factors, harmful factors, and emergency response plans;

b) The results of the safety work, the labor hygiene in the previous year;

c) The mission, the planning of production planning, business and the labor situation of the five plans;

d) The worker ' s petition, of the union organization and of the inspection team, the inspection team.

3. The safety plan, the labor hygiene must have the following principal content:

a) Technical and defensive safety measures, fire, explosions;

b) Measure of labor hygiene techniques, rooms, anti-factors harmful and improving labor conditions;

c) The website of personal protection for workers;

d) Healthcare workers;

Information, propaganda, education, safety training, sanitation.

What? 77. Risk risk assessment of safety, labor sanitation and hygiene

1. Risk risk assessment of safety, labor hygiene is the analysis, risk identification and the harm of the risk factor, the harmful factor in the workplace to host the room, prevent labor accidents, occupational diseases, and improve labor conditions.

2. The employer must organize the assessment and guide the worker self-evaluate the risk of safety, sanitation before working, regularly during labor or when necessary.

3. The industries, professions at a high risk of labor accidents, occupational diseases, risk assessment of safety, labor hygiene must be applied to the required and put into the intranet, the work process.

4. Minister of Labour-Trade and Social Affairs regulates paragraph 2 and paragraph 3 This after the opinion of the Minister of Health.

What? 78. Emergency Emergency Plan

1. Based on the risk of labor accidents, disease at work and regulation of law, employers must build emergency relief plans at work.

2. An emergency response plan must have the following key content:

a) The evacuation of the labourers out of the area of danger;

b) The evacuation, to the aid of the victim;

c) Measure, remediation of the consequences caused by the incident;

d)

The force is in place; the method of coordination with the forces outside the facility; the conduct of the exercise.

3. The procedure, the procedure, the authority to approve the emergency response plan is made in accordance with the rule of law.

What? 79.

1. The workplace has a dangerous factor, the harmful element at risk of labor accidents, the employer is responsible for organizing the most specialized or semi-responsible ambulance force, the emergency training organization, and the emergency management organization. Oh,

2. The emergency force must be equipped with technical, medical facilities to ensure the rescue, evacuation, timely emergency and must be trained.

3. The Minister of Health provides details of the organization, equipment, and training for the evacuation force, the emergency department at the workplace.

What? 80. Safe and safe.

1. The employer must plan and organize a periodic self-examination, return safely, labor sanitation at the facility.

2. Content, form, and time-specific self-examination must be effectively secured, in accordance with the labor nature, the risk of labor accidents, occupational diseases, labor conditions of the facility.

3. Minister of Labour-Trade and Social Affairs regulates this after the opinion of the Minister of Health.

What? 81. Statistics, safety reports, labor hygiene

1. Every year, employers must perform statistics, reports of safety, labor hygiene at the workplace as follows:

a) Report on safety, sanitation with the state governing body of labour and the state governing body of provincial health, except for other regulated specialized law school;

b) Statistics, reporting of labor accidents, occupational diseases, technical incidents that cause loss of safety, severe labor hygiene in accordance with regulation at Article 36 and Article 37 of this Law.

2. Minister of Labor-Trade and Social Affairs regulates the point of paragraph 1 This after the opinion of the Minister of Health.

Chapter VI

STATE MANAGEMENT OF SAFETY, LABOR HYGIENE

What? 82. State management content on safety, labor hygiene and security.

1. Board and organization implementing a law of the law of safety, sanitation; construction, promulgation or standard publication, national technical regulation of safety, labor hygiene, local technical standards for safety, labor hygiene, and public safety. according to the authority assigned to the administration.

2. Proposition, disseminism and education of law on safety, sanitation.

3. Watch, statistics, provide information about labor accidents, occupational diseases; program building, safe national records, labor hygiene.

4. Managing the organization and operation of the service organization in the field of safety, labor hygiene.

5. Organization and conduct research, scientific application, safety technology, labor hygiene.

6. Inspector, check out the complaint, denounce and dispose of the violation of the law on safety, hygiene of labor.

7. Compensation, safety training, labor hygiene.

8. International cooperation on safety, sanitation.

What? 83. State management responsibility for safety, sanitation and hygiene.

1. The government unified the state for safety, sanitation.

2. The Ministry of Labor-Trade and Social Affairs is responsible to the United Government to implement state management of safety, sanitation.

3. The ministries, peer-to-peer agencies within the mission range, their powers are responsible for carrying out state management of safety, labor hygiene.

4. The People ' s Committee is in the scope of the mandate, its powers to carry out the state management of safety, labor hygiene.

What? 84. Responsible for the management of the state in safety, labor hygiene of the Minister of Labour-Trade and Social Affairs

1. Building a building, a state agency with an authority to enact or enact jurisdiction and organization of law enforcement, policy, safety plan, labor hygiene, national program of safety, sanitation; and national records of national security. Safe, sanitation.

2. Board of Catalogue of Machine, equipment, supplies, substances with strict requirements for safety, regulation of labor under regulation at paragraph 2 Article 28 of this Law; presiding over the implementation of the state management work on safety training, TB sanitation and safety. And the operation and the testing of the machines, the equipment, the supplies, the strictest requirements of the safety of the labor.

3. Build or participate in the opinion under the jurisdiction of the standards, the national technical standard of safety, the labor hygiene pursuant to Article 87 of this Law.

4. Watch, synthesize, provide information about safety, sanitation; statistics on safety, sanitation at the rules of statistics.

5. Host to the organization that performs propaganda, disseminism, education legal education, labor hygiene; prevention of technical incidents causing safety, labor hygiene, labor accidents, occupational diseases.

6. The Government decides to take legal action in the case necessary to protect the right, the right benefit of the labor accident insurance, the occupational illness of the labourers.

7. Ombudging, inspection, processing of safety laws, labor sanitation; execution, coordination of labor accident investigation, safety insecurity, labor hygiene; petition with the Ministry of Public Security, the Supreme People ' s Institute of Police investigating, handling the accident. The labor force has a criminal record.

8. International cooperation on safety, sanitation.

What? 85. State management responsibility for safety, labor hygiene of the Minister of Health and Health.

1. Build, the state agency has the authority to enact or enact a written jurisdiction over the law of law on labor environment observations; assessment, control, management of harmful factors at work; management, environmental monitoring organization, and the management of the country. labor.

2. standard construction, national technical regulation of safety, labor sanitation for labor hygiene factors in the labor environment; participation in the opinion on the sanitation of labor under the authority stipulated at paragraph 5 Article 87 of this Law.

3. Guide to the management of labor hygiene management, room, anti-occupational illness.

4. Guide to occupational health, discovery of occupational diseases, monitoring of impaired labor, treatment, rehabilitation to workers with labor accidents, occupational illness, labor health records management.

5. Coordinated with the Ministry of Labor-Trade and Society for the construction of training content on labor hygiene; propaganda, disseminism, education of law on labor hygiene.

6. Build, enact and periodically review the amendment, addition of the Occupational Sickness Category by regulation at paragraph 1 Article 37 of this Law; organization of occupational illness; construction and promulgations of health standards for each type of profession, work after intent. the ants of the ministries, the relevant sector.

7. Track, synthesis, provide information about labor sanitation; statistics, construction of the database of occupational diseases; health management of workers at work.

8. Coordinate with the Ministry of Labor-Trade and Society to build a rating criteria for the Vocational Portfolio, Heavy Work, Harmful, Dangerous, and Special, Dangerous, Dangerous.

9. Coordinated with the Ministry of Labor-Trade and Social Service, which examines the law enforcement of the labor hygiene in accordance with the rule of law.

10. Every year, sending the Ministry of Labor-Trade and Social Affairs report on the situation to implement policy, safety legislation, labor hygiene in the field of management.

What? 86. The state management responsibility for safety, labor hygiene of the People ' s Committee of the ranks

1. Build, the state agency has the authority to enact or enact under the jurisdiction of the law of the rule of law, the local technical standard.

2. Responde for safety management, local labor sanitation; construction and organization making policy, safety legislation, local labor sanitation.

3. Every year, report on the situation to implement policy, safety law, local labor hygiene with the Council of People's Council on the same level or report of a raid at the request of the state authority under the rule of law.

4. Every year, the deployment of propaganda resources, disseminism, education of safety laws, sanitation on the ground in accordance with specific conditions of the locality; priority of propaganda, disseminism, education of law on safety, labor hygiene, and more. for workers who do not follow the local labor contract.

5. Inspector, check out the jurisdiction over safety violations of the law on safety, local labor sanitation.

What? 87. The construction responsibility, which announced national standards of safety, labor sanitation and construction, enacted national technical regulations on safety, labor hygiene, and public health care, and security.

1. The Ministry of Science and Technology approx plans to build national standards of safety, sanitation and national standards of safety, labor hygiene.

2. Ministry of Labor-Trade and Social presided over, in coordination with ministries, peer-to-peer agencies planning to build plans for the construction of national technical standards for safety, sanitation.

3. The ministry, the peer-to-peer agency that builds national standards of safety, labor sanitation and construction, enact national technical standards of safety, labor hygiene within the scope of the administration to be assigned by the Government after the unification of the government. The Ministry of Labor-Trade and Social Affairs; the case of ununiformant opinion, the body that chairs the national standard, national technical regulations report the Prime Minister to consider, decide.

The national standard of appraisal, national technical regulation of safety, sanitation, and organizational technology practices by the Ministry of Science and Technology according to the provisions of the Standards Law and Technical Standards.

4. The Ministry of Labor-Trade and Society builds national standards, enacted national technical standards of safety, labor hygiene under prescribed jurisdiction at paragraph 3 This Article; is responsible for coordinating with ministries, peer-to-peer agencies, and other institutions. The Prime Minister decides to allocate responsibility for building national standards, build and enact new national technical standards or involve the management scope of many ministries, peer-to-peer agencies.

5. The Ministry of Health that builds national standards of safety, labor sanitation enforces national technical standards on safety, labor hygiene in accordance with regulation at Article 85 of this Law; there is the unified opinion of labor hygiene content in the United States. in the course of the ministries, the peer-to-peer agency that builds national standards, the national technical regulation of safety, sanitation.

What? 88. National Council for Safety, Labor Hygiene, Safety Council, Provincial Labor Department sanitation and sanitation.

1. The national council for safety, labor hygiene is the organization of advice for the Government in new or revised construction, policy additions, safety laws, labor hygiene. The Council was formed by the Prime Minister, which includes the representative of the Ministry of Labor-Trade and Social Affairs, the Ministry of Health, the Vietnam Labor Federation, Vietnam Farmers ' Union, the organization that represents employers, ministries, related industries and some experts, and others. the scientist in the field of safety, sanitation.

2. The safety council, provincial labor sanitation is the organization of advice for the People's Committee in the organization of the implementation of policy, safety laws, local labor sanitation. The council was established by the Chairman of the Provincial People 's Committee, which includes the representative of the Department of Labor and Social Affairs, the Department of Health, the Labour League, the Farmers' Union, some businesses, agencies, organizations and experts, scientists in the field of safety, sanitation and hygiene. In the local area.

3. Every year, the Security Council, the labor hygiene is responsible for organizing dialogue aimed at sharing information, enhancing the understanding between employers, workers, union organizations, the organization of employers ' representatives, and agencies. Water to promote the improvement of fair, safe working conditions for workers, improve construction efficiency, implement policy, law on safety, sanitation.

4. The government regulates the establishment, function, mandate, organization, and operation of the National Council on Safety, Labor and Safety Council, provincial labor sanitation.

What? 89. Safe and safe.

1. Safe inspection, labor hygiene is a specialized inspector of the state governing body for central and provincial-level labor.

2. Safe inspection, labor hygiene in the areas of radiation, exploration, oil and gas extraction, railway transport vehicles, waterways, roads, air lines and units of the armed forces of the people ' s armed forces due to the state governing bodies of the United States. It ' s about that area with the coordination of safety inspectors, sanitation.

3. The government provides details on the organization and operation of safety inspectors, the sanitation of labor provided at 1 Article and the interdisciplinary coordination mechanism stipulated at paragraph 2 of this.

What? 90. Deal with violation of safety laws, labor hygiene

1. The person who violates, the law of safety, the sanitation of labor, depends on the nature, the degree of violation that is subject to administrative violation, or being prosecuted for criminal responsibility; if the damage is compensated and remediation in accordance with the rule of law. the law.

2. People who take advantage of the office, the powers that violate the rule of this Law, violate the interests of the State, the right and the legitimate interests of the organization, the individual, according to the nature, the degree of violation, which is subject to disciplinary treatment or be prosecuted for criminal responsibility; if You know, inflict damage, compensated by the rule of law.

3. The employer has a hidden, slow-running, occupational hazard, occupational hazard, occupation of money, occupational hazard insurance, occupational illness, at paragraph 2 Article 12 of this Law from 30 days or more. has to close enough unclosed, slow, and processed amounts of law to the rule of law, also pay the amount of interest by twice the rate of the investment interest of the average annual Social Insurance Fund of the previous year in terms of money, slow time; if not done. then at the request of the authority of the authority, the bank, the other credit organization, the state treasury is responsible for extracts from the user deposit account. labor to file the unclosed, slow, and interest rates of this money into the account of the social insurance agency.

4. The government regulates the details of the behavior, the form and the degree of punishment of administrative violations in the field of safety, the labor hygiene stipulated in this Law.

What? 91. Safe and sanitary coordination.

1. The mechanism of coordination on safety, labor hygiene is performed as follows:

a) The Ministry of Labor-Trade and Social presided over, in coordination with ministries, peer agencies, the Government Agency, the Provincial People ' s Committee to implement regulatory co-ordination in paragraph 2 This Article in the scope of its responsibility;

b) The state governing body for safety, sanitation of grants in coordination with political organization, political organization-society, social political organization-profession, social organization-profession and other organizations in safety, labor sanitation, and other organizations in the country. according to the relevant field.

2. The combined content of safety, labor hygiene includes:

a) Building policy, safety laws, labor hygiene; standards, technical regulation of safety, sanitation; and the law.

b) Building the program, national records of safety, labor hygiene;

c) Investigation of labor accidents; accidents, technical incidents that cause safety, labor hygiene; policy, regime for labourers suffering from labor accidents, occupational diseases;

d) Information, propaganda, education, training, statistics, safety reporting, sanitation; testing of machine types, equipment, supplies requiring strict requirements for labor safety;

Inspector, check, monitor safety, sanitation and violation of safety laws, sanitation;

e) Ken rewarded for safety, sanitation and hygiene;

g) Research, scientific application, safety technology, labor hygiene.

3. The government regulates this.

Chapter VII.

EXECUTION CLAUSE

What? 92.

1. This law took effect on July 1, 2016.

2. Regulation of labor accident insurance, occupational illness at Section 3 Chapter III, paragraph 4 Article 84, point b 1 and point a 2 Articles 86, Articles 104, 105, 106, 107, 116 and 117 of the Digital Insurance Law 58 /2014/QH13 The effect of this law is effective.

3. The operation to operate the safety of the labor safety, safety training organization, labor hygiene operations prior to this Law effective procedure that continues to operate until the expiration of the deadline of the certificate of sufficient operational conditions.

What? 93. Details Regulation

The government, the state agency has the authority to regulate the details of the provisions, which is delivered in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the ninth session through June 25, 2015.

President of Congress.

(signed)

Nguyen Gung Xiong

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