ORDINANCE on LABOUR PROTECTION To ensure employees have the right to work in safe conditions, hygiene; enhance the responsibility of the employers and employees, enhance the effect State Manager of labor protection aimed at prevention of labor accidents, occupational diseases and gradually improving labour conditions;
Pursuant to article 58 and article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance and regulations on labor protection.
 
Chapter I GENERAL PROVISIONS article 1 every organization, individual employers, collectively known as the employers and all workers, including foreign individuals, organizations of employers or workers on the territory of Vietnam, are to perform labour protection under the provisions of this Ordinance.
Article 2 the State take care of making sure employees are working in conditions of safety and hygiene consistent with the conditions for socio-economic development.
State agencies, social organizations are responsible for coordinating care, protect the rights of laborers working in conditions of safety and hygiene.
Article 3 All workers have the right to ensure safe working conditions, hygiene and is obliged to implement the regulations on labor safety, labor hygiene.
Article 4 The employer is obliged to ensure safe working conditions, hygiene and improve labor conditions of workers.
Article 5 Any workers, the employer must have an understanding of labor protection, about the standard of occupational safety, hygiene and labour related to the job, his mission.
Article 6 safety standards, labour hygiene standard is required to apply.
Labor safety standards, labour hygiene applicable to many sectors within the country by the Council of Ministers or the Council of Ministers authorization issued.
Labor safety standards, labour hygiene apply separately in an industry by industry management of State agencies which issued in line with the standards of occupational safety, hygiene and labour due to the Council of Ministers.
Article 7 The scientific-technical research workers, production, sales, import tools, equipment and means of protection of State workers were encouraged by the policy, the appropriate measures.
CHAPTER II LABOR SAFETY, LABOR HYGIENE article 8 renovations or extensions, renovating the facility to manufacture, use, storage, storage of equipment, machines, materials and substances that require strict on safety, hygiene, must have the justification of the measures ensuring occupational safety Labor hygiene, for the work of the workers and the surrounding environment.
This justification must be the State inspection agency about labor safety, labor sanitation approval.
List the types of machines, equipment, materials, substances, strict requirements on safety, hygiene and by the Ministry of labor, invalids and Social Affairs or the Ministry of health regulation under its management authority.
Article 9 the machine, equipment, workshops, depots must be designed, built, built and periodically revised labor safety standards, labour hygiene.
Machines, equipment, imported technology must meet safety standards, labour hygiene.
Article 10 the production, use, storage, transport, machinery, equipment, materials, energy, electricity, chemicals, pesticides, herbicides, fertilizer, mouse removal; the technology changes, new technology import must be made according to the standards of occupational safety, hygiene and labour; for the types of stringent requirements in terms of safety and hygiene in the category as specified in article 8 of this directive, they must be declared, registered with the State inspection agency about labor, safety or labor hygiene.
Article 11 workplace must ensure an airy space, brightness, hygiene standards allowing about steam, gas, dust, magnetic fields, radiation, heat, humidity, noise, vibration and other harmful elements. The elements that must be checked periodically measure.
Prohibiting the waste into the air, water or soil, toxic substances, harmful when the processing has not yet reached standards allow.
Article 12 Where to work, where the most recent machines, equipments, where there are hazardous substances must have just about occupational safety, hygiene and labour put in location that people easily find, easy to read.
Article 13 in cases where work, machines, equipment, risks causing accidents, occupational disease, must immediately remedy the risk it or is deactivated.
State inspectors about the safety or sanitation workers have the right to decide to temporarily suspend the activity with regard to the cases mentioned in paragraph 1, this, if not yet have effective remedies. The Ombudsman's decision in effect compel enforcement.
Article 14 place of work there are toxic, dangerous elements easily cause accidents must be equipped with technical means, appropriate to medical emergency organizations promptly when the incident happened, labour accidents.
Article 15 employees do work there dangerous, toxic elements must be equipped with means of personal protection.
Personal protection means must meet the quality standards, specifications have been issued. Installation of personal protection means for workers to follow the regulations of the Ministry of labor, invalids and Social Affairs.
CHAPTER III PROTECTION of the HEALTH of WORKERS in LABOR article 16 When the labor arrangements, must base on health standards prescribed for each type of work.
Workers must be recruited before the health check, periodic health examination according to the prescribed regimes.
Article 17 people work in conditions hazardous factors are fostering in kind, enjoy preferential mode of working hours, rest as specified by law.
People who work in places where there are factors that cause poisoning, infections, when most working hours must performed the detoxifying measures, personal hygiene, disinfection according to the regulations of the Ministry of health.
Article 18 the disabled due to labor accidents, occupational disease, if left to continue working, the sort of work consistent with the health according to the conclusions of the Board of medical examiners.
Article 19 not used female workers do the heavy work, hazardous or the work must directly with chemicals, pesticides, herbicides, which kill the mouse have negatively affect childbirth and child rearing function. Not use people under 18 working bad influence to the development of their intellectual and physical.
Catalogue of the work of female labour may not be used, people under 18 due to the Ministry of health, Ministry of labour, invalids and social regulations.
CHAPTER IV LABOUR ACCIDENTS, OCCUPATIONAL DISEASES article 20 labor accidents are accidents kill or injure any parts of the body function of workers in the labour process, associated with the implementation of the work, labor duties.
The labor accident must be timely emergency.
Article 21 occupational diseases are diseases that arise due to the impact of the harmful labour conditions for employees. List the types of occupational diseases prescribed by the Council of Ministers.
People with occupational diseases are thoughtful treatment, periodic health exam, have health records under the provisions of the Ministry of health. Not use people are sick profession continues to work in the environment has caused the disease.
Article 22 people suffered accidents or occupational diseases are entitled to the money resources, salaries including allowances during the treatment, nursing; are subsidies, compensation prescribed by the law.
Article 23

All the labor accidents, cases of occupational disease must be reported, investigated, setting the minutes, statistics and periodic reports under the provisions of the law.
Prohibits any acts of disguise, declare or falsely report the truth about workers ' compensation, occupational diseases.
Chapter V RIGHTS and OBLIGATIONS of the EMPLOYERS, the WORKERS article 24 The employers are obliged to: 1 implement labor safety standards, sanitation workers, measures to improve labor conditions, modes of armed personal protection for workers the reporting regime, labor conditions, labor accidents, occupational diseases and other modes of labor protection.
2-Must be responsible about to happen accidents, occupational diseases for workers under his management.
3-deals with the Executive Committee of the Trade Union or the representation of employees of collective measures to ensure occupational safety, labour hygiene and improve labor conditions.
4-organizing the periodic health examination, occupational disease detection for workers; the payment of the cost of health, treatment, nursing the labour accident, occupational disease.
5-building regulations on labor safety and hygiene of labor for each type of plant, equipment and workplace safety standards, the State's labor hygiene.
6-training institutions, guidance employees about these provisions, safe working methods, hygiene-related tasks, their work.
7-held the auto check task of labor protection, implementation of these measures exclude the risk of causing accidents, occupational disease; build process and emergency when the incident happened or accidents.
8-Must provide documents, figures, the situation related to the content of the Inspector, the investigation at the request of the State inspection of occupational safety, hygiene and labour; the executive decision of the Inspector.
Article 25 The employer has the right to: 1-Forced Laborers have to obey the regulations instructions on safe labor, labor hygiene at work;
2-reward people who make good industrial safety regulations, hygiene and disciplined workers who violate;
3-complaint with the competent State agencies about the decision of the State inspection of occupational safety, hygiene and labour.
Article 26 workers have the right to: 1-required the employers to ensure safe working conditions, hygiene according to the regulations of the State and coaching, instructions for their measures to ensure occupational safety, hygiene and labour;
2-refused to do work or leave work when clearly the risk of labor accident happens, a serious threat to life or health of himself, but must report immediately to the person in charge; This behavior is not considered breach of labour discipline;
3-complaints, denunciations with competent State bodies to work in conditions that do not guarantee safety, hygiene or when employers who violate regulations on labor protection.
Article 27-workers have the obligation to: 1-mastering the rules of occupational safety, hygiene and labour related jobs, tasks;
2-make the regulation, instruction on safety, hygiene and labour; preserving and using tools, safety equipment, hygiene, means of individual protection; in case of damaging or losing the tools, equipment, means that it must compensate;
3-timely reporting with responsible people when it detects the risk of causing accidents, occupational disease; Join emergent and remedial labor accidents.
Article 28 disputes arising between workers with the employers on labor protection to be addressed in order to resolve the labor dispute.
CHAPTER VI ADMINISTRATION of LABOR PROTECTION Articles 29 to manage state on labor protection include: 1-construction and issued regulations on labor protection;
2-construction of the national programme for the protection of labour and socio-economic development plan and social budget of the State;
3-inspection of the implementation of the regulations on labor protection.
Article 30 of the Council of Ministers made reunification the administration of labor protection within the country.
Article 31 1-Ministry of labour, invalids and Social Affairs shall assist the Council of Ministers to manage the implementation of the work of labor protection; proposed directions, national program to: improve labor conditions; research and application of scientific and technical workers; build, modify and supplement the policy regime, labor safety standards; the State Inspector of labour safety; training, fostering a team of inspectors; international cooperation for the protection of labour.
2-the Ministry of health shall assist the Council of Ministers to manage the implementation of the work to secure the labor hygiene; proposed directions, national programs: Labor hygiene; build, modify, supplement the labor hygiene standards, the type of occupational disease, protect the health of workers; the Organization, examination, medical examiners detect occupational disease and the treatment of sick people; the State inspection on labor hygiene; training, fostering a team of inspectors; international cooperation on labor hygiene.
3-State Scientific Committee shall assist the Council of Ministers manages the research and application of scientific and technical workers, the construction, the industrial safety standards, labour hygiene, quality standards, specifications workers protection.
Article 32 the Ministry of education and training is responsible for directing the putting Workwear on the curriculum of the school, class, profession, engineering management.
Article 33 the Minister, Chairman of the State Committee, the heads of other bodies in the Council of Ministers, Chairman of the provincial people's Committee, the central cities, within the scope of its functions has the responsibility to ensure the enforcement of legislation on protection of labour; Organization and decentralized responsibility to ensure implementation.
Article 34 of the National Council for the protection of labour by the Council of Ministers established duty counsel for the Council of Ministers and the Organization to coordinate the operations of the industry, the level of labor protection.
The composition of the Council composed of representatives of the Ministry of labor, invalids and Social Affairs, health, internal affairs, finance, the State Planning Commission, the State Science Commission, the Vietnam General Confederation of labor, led by the Minister of labor, invalids and Social Affairs as Chairman.
CHAPTER VII INSPECTION of STATE LABOR SAFETY, LABOR HYGIENE Article 35 Ministry of labor, invalids and Social Affairs and the State administration of labour, invalids and social functions at local State inspection on labour safety.
The Ministry of health and State administration of local health inspection functions on labor hygiene.
The Council of Ministers insp. Organization regulations on labor safety, inspection of State on labor hygiene.
Article 36 State inspectors about the safety mission, the following powers: 1-inspection of the observance of regulations on labor safety; ask or propose measures to ensure occupational safety, improve labor conditions; Labor accident investigation;
2-to places, objects in the scope of their inspections at any time to the Inspector of labour safety and asked the person in charge of the place where the inspection provided the situation, figures, documents relating to the inspection, investigation;

3-temporarily suspended the use of machines, equipment, risks causing workplace accidents and fixing the time limit for remedying the risk;
4-warn, fine or transfer of records to Agency investigated violations of criminal law on labor protection, if it deems that signs constitute offences;
5-consideration and approval of the labor safety standards, safety solutions in the technical-economic justification of the project design; sign up and lets put to use the premises, machinery, supplies and equipment have strict requirements on safe list by the Ministry of labor, invalids and Social Affairs stipulated by article 8 of this Ordinance.
Article 37-state inspection on labor hygiene has the following powers and duties:-inspection of the observance of regulations on labor hygiene; ask or propose measures to ensure environmental hygiene and labour; investigate violations of labor standards;
2-to places, objects in the scope of their inspections at any time to the Inspector of labour hygiene and ask the person in charge of the place where the investigation provided the situation, figures, documents relating to the inspection, investigation;
3-suspension from work violated hygiene standards that cause serious pollution to the labor environment;
4-warn, fine or transfer of records to the criminal investigation authorities violations of labour hygiene, if it deems that signs constitute offences;
5-consideration and approval of locations, the labor hygiene solution when building new or expanding, renovating the facility to manufacture, use, storage of radioactive substances, toxic chemicals in the category specified by the Ministry of health according to article 8 of this Ordinance.
Article 38 The occupational safety inspectors in the field:; the exploration and exploitation of oil and gas; the rail transportation, waterways, roads, and other units of the armed forces due to the State agency that disciplines implemented with the collaboration of the State inspectors on labour safety.
Article 39 State inspectors about the safety, State Inspector of labour hygiene must take responsibility for the decisions and measures to handle in the course of the inspection.
CHAPTER VIII RESPONSIBILITY and powers of the UNION Article 40 unions participating with relevant State agencies build law on labor protection, labor safety standards, hygiene and labour; coordination with relevant State agencies propose research programs and scientific-technical research on labor protection; education, advocacy Executive labor regulations on safety, hygiene and labour; join the review reward and handle breach of the law on labour protection.
Article 41 the Union examine the observance of the law on labor protection and have the right to request relevant State agencies, levels of Government and the employers to implement the law on labor protection and labor safety standards, hygiene and labour; have the right to require the person in charge to temporarily cease operations where there is a risk of causing accidents; join labor accident investigation and has the right to request the competent State agencies handled the responsibility for labor accidents happening.
42 things based on the State standards of labour safety, sanitation workers, Trade Union Committee of the facility agreement with the employers of measures ensuring occupational safety, labour hygiene and improve labor conditions. Unions mobilize to build the movement to secure labour, labour hygiene and safety net organizations, protecting students.
CHAPTER IX HANDLING of breach of article 43 who did not make the safety standards, sanitation workers to labor accidents happening, pollute the environment or violate the provisions of this Ordinance, then, depending on the extent to which being disciplined, release or prejudice criminal liability under the law. If damaged, they must compensate.
Article 44 The lack of responsibility, taking advantage of the prerogatives, powers to cover up violations of the law on labor protection to labor accidents happening, pollute the environment, depending on the extent to which being disciplined, administrative sanction or prejudice criminal liability under the law. If damaged, they must compensate.
CHAPTER X FINAL PROVISIONS Article 45 of this Ordinance in force since January 1992.
Article 46 The previous provisions contrary to this Ordinance are repealed.
Hanoi, September 10, 1991