National occupational safety and health profile of Viet Nam pdf - 3.2 ...

FOREWORD

Occupational safety and health is such a major and important socio-economic policy for sustainable development and human protection that the Party and State give it constant attention. In the first days of the country’s foundation, President Ho Chi Minh issued Ordinance No 29/SL dated 13/3/1947 which included basic points of occupational safety and health, work and rest time. These have been revised and supplemented over the subsequent years. The top leaders of the Party and the State have also continuously paid due attention to the topic, and recalled and stressed the importance of implementation of labour protection and occupational safety and health.

Over the years, national policies and legal documents on occupational safety and health have been developed and issued. Occupational safety and health-related activities such as publicity, training and legislation dissemination, annual organization of National Week for occupational safety and health and fire-explosion prevention, inspections and checks on occupational safety and health performance, research on labour protection, development of standards, norms and technical processes on occupational safety and health… have been carried out with the collaboration of various domestic and foreign agencies and organizations.

The development of this national profile is aimed at providing fundamental information on occupational safety and health at the national level, such as policy and guidelines of the Party in occupational safety and health performance, policies, standards and norms, information and reporting system, services and human resources for occupational safety and health... The profile also comprehensively reviews improvements in occupational safety and health gained in Vietnam, at the same time indicates shortcomings and tasks required to achieve occupational safety and health targets in the industrialisation and modernisation process.

The national profile has been developed on the basis of the cooperation and provision of information from the relevant Governmental agencies, employees’ organization, employers’ organization and other individuals and organizations.

The Editorial Board would like to convey sincere thanks to the Government of Japan, the International Labour Organisation, organizations and individuals for their assistance and information provided in the development of the national OSH profile.

DIRECTOR-GENERAL BUREAU FOR SAFE WORK Doan Minh Hoa

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ABBREVIATIONS

ASEAN OSH OSH Collaborators MOLISA MARD BSPS CIS FAO ILO ISO VCCI VGCL UNDP VOSHA WHO

Association of Southeast Asian Nations Occupational safety and health Occupational safety and health collaborators Ministry of Labour, Invalids and Social Affairs Ministry of Agriculture and Rural Development Business Sector Program Support Center of Information on Safety Food and Agriculture Organisation International Labour Organisation International Standard Organisation Vietnam Chamber of Commerce and Industry Vietnam General Confederation of Labour United Nations Development Program Vietnam Occupational Safety and Health Association World Health Organisation

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INDIVIDUALS AND ORGANISATIONS INVOLVED IN DEVELOPING THE NATIONAL PROFILE ON OCCUPATIONAL SAFETY AND HEALTH

1 Doan Minh Hoa Director-General, Bureau for Safe Work, Ministry of Labour, Invalids and Social Affairs (MOLISA), Editor in Chief

2 Vu Nhu Van Vice Director-General, Bureau for Safe Work, Head of PMU, RAS/04/M01/JPN project

3 Pham Toan Bureau for Safe Work 4 Tran Thi Van Thu Bureau for Safe Work 5 Vu Nam Binh Bureau for Safe Work 6 Pham Ngoc Hai VOSHA

7 Tran Thi Ngoc Lan Vietnam Department of Preventive Medicine, Ministry of Health

8 Nguyen Huu Cuong Department of Science and Technology for Economic-Technical Industries, Ministry of Science and Technology

9 Doan Thi Ninh Vietnam Farmers Association

10 Dang Ngoc Ty Department of Personnel, Ministry of Industry

11 Duong Danh Manh Institute for Labour Science and Social Affairs, MOLISA

12 Nguyen Van At Labour Protection Unit, Vietnam General Confederation of Labour

13 Vu Trong Hoi General Department of Technique, Ministry of Defense

14 Ha Van Hao Department of Personnel, Ministry of Construction

15 Nguyen Manh Cuong Director-General for Socio-Economic and Environmental Programs Centre, Vietnam Cooperative Alliance

16 Doan Thi Thanh Huong Bureau for Environmental Protection, Ministry of Natural Resources and Environment

17 Mai Thi Dieu Huyen Employers’ Bureau, Vietnam Chamber of Commerce and Industry

18 Hoang Van Ha Department of Science and Technology, Ministry of Education and Training

19 Do Dang Thang Labour Inspectorate, MOLISA 20 Nguyen Khac Bao Bureau for Agro-forestry Processing and

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Salt Industry, Ministry of Agriculture and Rural Development

21 Vu Thi Hai Yen Department of Service Administration, Ministry of Finance

22 Dang Minh Hoa Board of Family and Social Affairs, Vietnam Women’s Union

23 Hoang Van Hung Expert in OSH, former Vice Director of Labour Protection Department, MOLISA

24 Nguyen Thi Thu Huong Bureau for Safe Work, editor 25 Nguyen Thi Minh Nguyet Bureau for Safe Work, editor 26 Phan Trong Nghia Vietnam Cooperative Alliance

Technical consultancy

27 Dr. Tsuyoshi Kawakami Senior Specialist in OSH, Subregional Office for East Asia, Bangkok, Thailand

28 Dr. Yuka Ujita Specialist in OSH, Subregional Office for East Asia, Bangkok, Thailand

29 Nguyen Van Theu National Project Coordinator, Project Office for OSH in Agriculture

30 Ha Thi Minh Duc Administrative Secretary, Project Office for OSH in Agriculture

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TABLE OF CONTENTS 1. OSH GUIDELINES AND POLICIES IN VIETNAM 1.1- OSH Guidelines and policies of the Party and State 1.2- National OSH policies 1.3- Provisions related to OSH in the national plan on socio- economic development, Government statements 1.4- A summary of past OSH performance 1.5- A summary of national OSH programmes and plans 1.6- A summary of national tripartite consultative mechanism in terms of OSH 1.7- Priorities in OSH performance 2. LEGAL DOCUMENTS ON OSH IN VIETNAM 2.1- Legislation 2.2- Under-law documents 2.3- Regulations on the functions, duties and powers of labour inspectors 2.4- Regulations on subsidy and compensation for occupational accidents and diseases 2.5- A summary of requirements for recording and notification of occupational accidents and diseases 2.6- A summary of OSH requirements in collective labour bargaining 2.7- OSH-related Conventions, standards and norms of the ILO and the World Health Organisation (WHO) 2.8- Challenges, difficulties and obstacles to improving OSH 3. INFORMATION ON NATIONAL ADMINISTRATIVE AND

RESPONSIBLE BODIES IN THE FIELD OF OSH 3.1- Overview of the organisational structure of the MOLISA and role

of relevant central bodies 3.2- An overview of organisational structure and personnel related to

OSH at provincial and district levels 3.3- List and capability of major OSH institutes and laboratories;

organisations monitoring OSH and working environment 3.4- List of OSH information institutions 3.5- Other organisations and services

4. OSH INSPECTION 4.1- Scope and objectives of OSH inspection 4.2-The number of inspectors in charge of OSH inspections 4.3- Skills and functions of occupational safety and health inspection 4.4- The number of OSH inspections conducted in the past 5 years

nationwide 4.5- Types of inspection

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4.6- OSH Training for inspectors 4.7- Preventive inspection policy 4.8- Collaboration with ministries, industries in OSH inspection 4.9- Contents of inspection and working tools used in conducting OSH

inspection 4.10 - Difficulties and challenges in OSH

5. COLLABORATION AND COOPERATION MECHANISMS AMONG GOVERNMENT BODIES, REPRESENTATIVE ORGANISATIONS OF EMPLOYERS AND WORKERS 5.1- Collaboration mechanisms among ministries, branches at the

national and local levels for the National Council for Labour Protection and national program on labour protection

5.2- Cooperation mechanism of representative organizations of workers and employers at the national, local and enterprise levels

6. OSH TRAINING AND EDUCATION DURING 2000 - 2004: 6.1- OSH training programs and the number of training courses for

civil servants 6.2- Training programmes and the number of OSH training courses for

employers 6.3- Training programs and number of OSH training courses for

employees 6.4-OSH training activities conducted by representative organizations

of employers and employees 6.5-List of OSH-related training courses conducted by universities and

technical secondary schools with the number of graduates per annum by each type

6.6-Organizations providing training activities in accordance with the laws

6.7- List and number of experts trained and training requirements 6.8- Institutions providing OSH training

7. OVERVIEW OF NATIONAL HUMAN RESOURCES IN OSH 7.1-Number and the roles of occupational safety specialists/officers in

ministries, industries, provinces, Vietnam General Confederation of Labours

7.2- Requirements of qualifications for OSH experts and collaborators/staff

7.3- Legal requirements for occupational safety specialists/officers 7.4- The number of occupational physicians in cities/provinces and their

roles in OSH 7.5- Qualifications required for occupational health staff 7.6- Legal requirements for having occupational physicians 7.7- The number of occupational health nurses

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7.8- Qualifications required for occupational health nurses 7.9- Legal requirements for having occupational health nurses 7.10- Number and roles of occupational hygiene specialists in OSH

performance 7.11- Qualifications required for occupational health experts and staff 7.12- Legal requirements for having specialists 7.13- Number and roles of environmental protection specialists in OSH

performance 7.14- Network of OSH collaborators 7.15- OSH officers and experts in Vietnam Occupational Safety and

Health Association (VOSHA) 8. OSH-RELATED STATISTICS AND INFORMATION IN VIETNAM

8.1- Number of undertakings, number of workers and incomes by types of industries

8.2- Number of occupational fatalities per year for the last five years 8.3- Number of reported cases of occupational injuries by cause 8.4- Number of occupational injuries per year for the last five years 8.5- Number of reported cases of occupational diseases in Vietnam 8.6- Number of occupational diseases for the last five years 8.7- Number of occupational safety control measurements

recommended 8.8- Number of health examinations conducted 8.9 - Number of occupational hygiene control measurements

recommended 8.10-Number of occupational injury cases which received employment

injury compensation 8.11- Number of occupational disease cases which received employment

injury compensation 8.12- List of occupational diseases entitled to compensation,

requirements for notification and reporting 8.13- Allowance for occupational accidents and occupational diseases

according to Social Insurance scheme 8.14- Annual OSH reports and statistics

9. OSH INFORMATION AND PUBLICITY CAMPAIGN BY EVENTS.

9.1- Summary of national occupational safety and health campaign activities

9.2- Summary of OSH activities in provinces and districts 9.3- Summary of OSH activities at enterprise level

10.SUMMARY OF ACTIVITIES ON SOCIAL ACCOUNTABILITY (SA) OR PRODUCT MANAGEMENT AND

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IMPLEMENTATION OF OSH MANAGEMENT SYSTEM APPROACHES, ISO 9000 AND 14000, OHSAS 18000

10.1- Ministry of Labour, Invalids and Social Affairs 10.2- Ministry of Science and Technology 10.3- Vietnam Chamber of Commerce and Industry (VCCI)

11. LIST OF INTERNATIONAL COOPERATION ACTIVITIES. 11.1- Capacity building, technical cooperation activities related to OSH

with international organizations 11.2- Capacity building, technical cooperation in OSH-related activities

by bilateral cooperation 12. SPECIALIZED OSH PROGRAMS/ ACTIVITIES

12.1- Summary of OSH programs/activities in mining and quarrying 12.2- Summary of OSH programs/activities in construction 12.3- Summary of OSH programs/activities in small enterprises. 12.4- Summary of OSH programs/activities in agriculture. 12.5- Summary of programs for controlling occupational diseases such

as silicosis, asbestosis and poisoning. 13. OSH RESEARCH ACTIVITIES DURING 2000 -2005

13.1- List of research theses 13.2- Surveys and projects

14. ESSENTIAL ACTIVITIES FOR THE PROMOTION AND IMPROVEMENT OF OCCUPATIONAL SAFETY AND HEALTH PROGRAMS AND ACTIVITIES AT NATIONAL LEVEL WITH A VIEW TO STRENGTHENING OCCUPATIONAL SAFETY AND HEALTH IN THE WORKPLACE

ANNEXES ANNEXE 1: 13 HARMFUL WORKING CONDITIONS FROM WHICH YOUNG

WORKERS ARE PROHIBITED ANNEXE 2: LIST OF 81 OCCUPATIONS PROHIBITING THE EMPLOYMENT

OF YOUNG WORKERS ANNEXE 3: LIST OF STATE STANDARDS AND NORMS ON OSH ANNEXE 4: LIST OF ILO CONVENTIONS RATIFIED BY VIETNAM ANNEXE 5: REPORTING FORMS

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TABLE LIST Table 1: The number of OSH inspections 2000-2004 Table 3: Training for civil servants, conducted by the MOLISA Table 4: Training and education in silicosis prevention Table 5: Training and education in OSH Table 6: Training in OSH Table 7: Training in safe and effective use of pesticides Table 8: Training for inspectors, 1st and 2nd level - pesticide trading agents nationwide in 2003-2004 Table 9: Training to staff and offices conducted by Ministry of NationalDefense Table 10: Training courses for employers, conducted by the MOLISA Table 11: Training and education in silicosis prevention Table 12: Training for employees Table 13: Training and education in silicosis prevention Table 14: Training in safe use of pesticides for farmers Table 15: Training courses for farmers during 2003-2004 through a contest on the use of pesticides Table 16: Training courses held by trade union organizations Table 17: Occupational health manpower in centres for preventive medicine of 64 provinces, cities and 13 occupational medicine centres of different industries Table 18: Health care staff in enterprises Table 19: Number of enterprises in operation Table 20: Number of workers and average labour income in state sector

by type of economic activity, 2003 Table 21: Occupational fatalities Table 22: Occupational accidents by cause Table 23: Serious occupational injuries Table 24: Situation of occupational diseases in Vietnam during 1976-2004 Table 25: Occupational diseases over the last five years 2000-2004 Table 26: Situation of Pneumoconiosis in Vietnam during 1976-2004 Table 27: Examination of workers' health during 2000-2004 Table 28: Working environment supervision results during 2000-2004 Table 29: Occupational accidents and occupational diseases compensation

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1. OSH GUIDELINES AND POLICIES IN VIETNAM 1.1- OSH Guidelines and policies of the Party and State

Occupational safety and health is a major policy that the Party and State constantly pays due attention. Being aware of the challenges, the social and political importance as well as the benefits of occupational safety and health, President Ho Chi Minh issued Ordinance No 29/SL dated 13/3/1947 on occupational safety and health, work and rest time in the first days of the country’s foundation.

Directive No 132 issued by the Secretariat of Vietnam Communist Party on 13 March 1959 states that “labour protection should directly support and be attached to production. Good protection of the workforce is an important factor to enhance production and disregarding occupational safety is an expression of weak viewpoint towards the masses in production.” • The political report at the 3rd Party Congress (1960): “Every necessary measure

should be actively taken to protect labour and ensure safety for the workers.” • The resolution of the 4th Party Congress (1976): “attach the importance to

improving working conditions, ensuring occupational safety, keenly preventing occupational accidents, paying attention to occupational hygiene, and protecting the health of the workers.”

• The resolution of the 5th Party Congress (1982): “trade union should participate keenly in State work…, collaborate closely with State agencies to deal with specific issues related to production conditions, labour protection and labour force strengthening, and to stabilize and ensure the life of workers”. The resolution No 04/NQ/TW of Central Party dated 14 January 1993 on the pressing tasks of protection and care for the people’s health.

• The resolution No. 04/NQ/TU of the 7th Central Committee of the Communist Party dated 14/1/1993 on the urgent issues of peoples’ health care and protection

• The resolution of the 7th Meeting of Central Committee of the Communist Party (July 1994): “create more jobs, improve working conditions, well implement regulations on labour protection, occupational safety, reduce simple hard and hazardous manual labour, seriously comply with regulations on the use of female workers and policies related to female workers, and efficiently prevent occupational diseases.”

• The political report by Central Party at the 8th Party Congress (1996): “Create more jobs, improve working conditions and industrial hygiene, and minimize occupational accidents and diseases.”

• Orientations and tasks of socio-economic development in 1996-2000 at the 8th Party Congress: “Enhance protection of the employees, especially in enterprises”

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• The document of the 9th Congress of Vietnam Communist Party: “pay attention to improving working conditions, ensuring occupational safety and health, preventing occupational accidents and diseases for the workers.”

• The resolution of the 9th Party Congress (2001) on the strategy for socio-economic development in 2001-2010: “Pay attention to ensuring occupational safety.”

• The Resolution no. 46/NQ-TW dated 23 February 2005 by the Political Bureau on protection and care for the people’s health in the new situation stresses “promptly forecasting, taking preventive measures for minimizing adverse impacts on health from bad environment and working conditions in the industrialization and modernization process… Pushing up the prevention of occupational diseases.”

1.2- National OSH policies The OSH legal system of Vietnam is reflected in Article 56 of the Vietnamese

Constitution (1992): “The State issues policies and regulations on labour protection…” and law on protection of people’s health 1989, law on Trade Unions 1990, law on protection of environment 1993, the Labour Code, law on Fire Prevention 2001, amended and supplemented labour code 2002, Ordinance on Plant Protection and Quarantine, and other under-law documents.

Additionally, the performance of occupational safety and health in agriculture has been strengthened since the Government’s issue of Directive No 20/2004/CT-TTg dated 8 June 2004 on further steering and implementing occupational safety and health in agriculture.

The Vietnamese Government ratified the Convention 155 on occupational safety and health and working environment (1981), which stipulates that the countries adopting this convention are responsible for “developing and implementing sound national policies on occupational safety and health and working environment…” 1.3- Provisions related to OSH in the national plan on socio-economic development, Government statements • Article 95 of the Labour Code of the Socialist Republic of Vietnam dated 23

June 1994 stipulates that the Government shall establish a national program on labour protection, occupational safety and hygiene, and put it into the socio- economic development plans and State budget;

• Decree No 06/CP dated 20 January 1995 by the government stipulates that “MOLISA and Ministry of Health, in collaboration with relevant ministries and branches, develop the national program on labour protection and OSH to submit to the government for approval and inclusion in the socio-economic development plan”

• Directive No 13/1998/CT-TTg dated 26/03/1998 by Prime Minister on “further steering and implementing labour protection in the new situation”; accordingly, Government assigns the MOLISA to collaborate with relevant ministries and

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branches “to continue to develop the national program on labour protection and initially submit to the Government for approval of objectives on labour protection and implementation plan by 2000”

• Directive No 20/2004/CT-TTg dated 8/6/2004 by Prime Minister on “further steering and implementing occupational safety and health in agriculture” stipulates that “MARD in collaboration with MOLISA, Ministry of Finance, the Vietnam General Confederation of Labour, the Vietnam Cooperative Alliance, the Vietnam Farmers Association develops the Action plan on occupational safety and health in agriculture and adds this plan to the National Action Program on occupational safety and health and fire-explosion prevention.”

• Deputy Prime Minister Pham Gia Khiem’s speech at the launching ceremony of the 7th National Week for OSH and Fire-explosion prevention: “National Action Program 2005 on OSH should be aimed at developing sustainable occupational safety culture”

1.4- A summary of past OSH performance Occupational safety and health is an important part of the strategy for human

resource development and protection and of the national strategy for sustainable socio-economic development. Over the years, with its shift towards a market-oriented economy, OSH performance has changed positively and gained improvements as follows: • State administration of OSH continues to be consolidated. Legal documents on

OSH have been supplemented and gradually accomplished. OSH in agriculture has been implemented widely since the issue of the Governmental Directive No 20/2004/CT-TTg dated 8 June 2004 on further steering and implementing OSH in agriculture.

• Working conditions have been improved. Cleaner production technologies that are environmentally friendly and ensure the workers’ safety and health have been more popular and widely used; workers have more opportunities to choose better jobs and to work in better conditions.

• Occupational accidents and diseases have been constrained in the context of rapid production development in scale and variety. Economic damages have been minimized.

• The application of scientific advances in labour has helped care for and protect the health of workers, relieved the burden of work, increased labour productivity and minimized pollution in the work environment. Research in labour science is associated with scientific and technical developments in production.

• OSH knowledge has been disseminated to the household economy, handicraft villages and agriculture, with attention paid to potential high risks and hazards related to occupational safety and health. A large number of workers and production and business establishments throughout the country have

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participated in the annual National Week for OSH and Fire-l Explosion Prevention. Therefore, the role of these groups in OSH performance has been improved, helping prevent occupational accidents and minimizing losses from occupational accidents. A number of technical improvement initiatives by workers have helped solve practical problems. - International cooperation in occupational safety and health has been fostered.

Technical support, experience sharing and training for officers have proved effective.

However, compliance with OSH laws by different levels, branches, employers and employees remains problematic and insufficient. Violation of standards and norms on OSH and fire-explosion prevention is still common, even serious in some places. As yet, investment in improving working conditions and taking measures for prevention of occupational accidents and diseases and fire-explosion at a majority of enterprises have not been given due attention, especially in private production and business establishments, cooperatives and households. On the other hand, propagation for raising awareness is still not vigorous enough while supervision of State relevant agencies is limited. Incentives for good OSH performance in enterprises are not really efficient. Therefore, over the years, occupational accidents and diseases as well as fire-explosions and environmental pollution have become complex and difficult issues.

+ Occupational accidents tend to increase in quantity and severity. According to annual statistics and reports, there were 403 fatalities due to occupational accidents in 2000, 514 in 2002 and 575 in 2004. However, those occurring in agriculture, forestry, aquaculture, handicraft villages and households have been not taken into account. + Occupational diseases: the number of newly-contracted occupational disease cases per annum is still high and is not decreasing. Most of the workers, 74.5%, suffer from silicosis and bronchitis. By the end of 2004, there were accumulatively 21,597 occupational disease cases. However, as facilities for occupational disease checks are not available in some localities and enterprises, the actual number of occupational disease cases is estimated to be eight times higher than the reported figure. In 2004, there were 4,009 agro-chemical poisoning cases involving 10,355 people (up 22% over 2003); thousands of workers suffered from food poisoning at canteens. Material losses were estimated at hundreds of billions of Vietnamese dong. + Fire-explosion: in 2003, Vietnam reported 2,519 fires nationwide. In the first 10 months of 2004, there were 2,023 fires, causing a loss of 270,461 billion dongs.

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Main causes of the above situation: - The OSH State administration apparatus has a proven lack of consistency

between functions, duties and staff capacity. Therefore, the operational efficiency has been limited. Only 400 officers at both central and local levels have been involved in State administration over OSH performance across the existing 160,000 enterprises and 2.6 million households. The labour inspection system that has been newly-integrated from occupational safety inspection, occupational health inspection and labour policy inspection is still limited in profession and capability. Technical facilities for administration and inspection are insufficient and out-dated.

- OSH mechanisms and policies have failed to keep pace with the socio-economic development of the country and have failed to encourage employers to comply adequately with OSH regulations. For example, Vietnam still lacks mechanisms and incentives for investments in improving working conditions, using clean and advanced technologies to minimize workplace environmental pollution and to protect workers. Standards and norms on OSH and fire-explosion prevention are insufficient, even inappropriate, especially those on management of new machinery, equipment, materials and technologies. The development of OSH technical standards have also failed to keep up with the speed and variety of development of the industrialization and modernization processes.

- Activities of information, publicity, education and training on OSH and fire-explosion prevention are not consistent with requirements for OSH performance in the modern era. Information and publicity activities to raise awareness of OSH are not regular and widespread and do not receive appropriate investment. Dissemination and guidance of legal documents by ministries, branches and localities to grassroots levels do in fact reach administrative agencies, but not enterprises, particularly private ones. Education and training in OSH are not controlled in terms of quality and are not comprehensively implemented. Training for workers is still formalistic and is not visual. A number of enterprises and establishments do not even provide OSH training for newly-recruited workers. Moreover, teaching capabilities and qualifications of officers involved in training are limited. Meanwhile, the cadre of full-time OSH teachers at schools is still weak. Most of them are part-time teachers and are not trained in OSH. Textbooks and training materials on OSH for educational levels are also unavailable... As a result, a majority of graduates from schools lack fundamental knowledge of OSH. Thus, labourers do not know how to protect themselves from risks of occupational accidents, sickness and diseases, and employers do not understand their responsibilities and the benefits of OSH performance.

- Compliance with OSH regulations in many branches, localities and enterprises is not taken seriously, resulting in some avoidance of duties and responsibilities; employers’ investment in improving working conditions and preventing

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occupational accidents and diseases is inadequate. The handling of violations is not strict.

1.5- A summary of national OSH programmes and plans - Target program on labour protection (1999 – 2000) approved by the

Government; the national action programme on accident and injury prevention, including OSH items.

- National policy on prevention of occupational accidents and injuries in 2002-2010 in Decision No 197/2001/QD-TTg dated 17 December 2001 sets the target of 30% reduction in the number of occupational accidents by 2010 in comparison with the year 2000, stressing “improving environmental hygiene and working conditions… and surmounting risks in order that every worker can live and work in a safe environment.”

- Decision No 35/2001/QD-TTg dated 19 March 2001 on approving and issuing the strategy for protection and care for the people’s health in 2001-2010.

- Economic development strategy in 2001-2005 for some spearhead industries is reflected in the 9th Party Congress Document:

- Increase labour productivity and product quality to strengthen economic growth through investment in and modernization of technology, contributing to the improvement of working conditions and liberation of labour force, including: the programme on electrifying, mechanizing, applying new and clean technologies and controlling the use of toxic chemicals for agricultural production; the programme on investing in renewing and updating technologies to increase productivity, quality and effectiveness in industry. The Government decided that some existing factories which were run-down, out-dated, ineffective, did not ensure occupational safety and caused environmental pollution should be replaced with new modernized ones. These factories were in the garment and textile, chemicals, engineering, electricity and mining sectors.

- Develop and implement the strategy for strengthening health at work through the campaign “healthy workplace”: Launch and run this campaign at every enterprise and every economic sector in order to protect the health of workers; reorganize healthcare services; gradually develop a manual on strengthening health at work.

- The national action program on occupational disease prevention, especially silicosis, aimed at improving knowledge on the prevention and detection of occupational silicosis, contributing to a reduction in the rate of infected cases and gradually wiping out the disease. The target during 2000-2005 is to develop a training strategy and model to raise awareness of silicosis and of preventive measures; provide training to trainers at enterprises to rapidly implement training and broadcast activities at high-risk establishments.

- Campaigns of green productivity and of clean technology transfer: helping combine programmes and activities to improve working conditions and ensure OSH with the national strategy for environmental protection in 2001-2010;

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helping domestic entrepreneurs to access information on green, clean production.

- Launch major nationwide publicity campaigns on OSH and fire-explosion prevention through the national week for OSH and fire-explosion prevention in order to broadly attract the involvement of everyone; launch competitions responding to the campaign “green, clean, beautiful and safe workplace”.

1.6- A summary of national tripartite consultative mechanism in terms of OSH With the motto of ensuring sustainable and rapid economic growth of the

country in line with factual changes, the Government of Vietnam has established legal frameworks for a tripartite mechanism involving the Government, employers’ representative and workers’ representative bodies aimed at regulating and harmonizing the benefits of each party, particularly in the field of OSH. Most of the OSH activities, from developing legal documents to developing and implementing national target programs, national action programs, workshops and conferences, involve tripartite representatives of government, employers and workers.

The tripartite consultative mechanism in terms of OSH is clearly stipulated in the Labour Code, in the Law on Trade Union and some other legal documents. In Vietnam, the representative organizations of workers are Vietnam General Confederation of Labour and Vietnam Farmers’ Association; representative organizations of employers are Vietnam Chamber of Commerce and Industry and Vietnam Cooperative Alliance.

- Quoting some regulations on the tripartite consultative mechanism in the field of OSH from the Labour Code:

Item 2, Article 10: The State shall provide guidelines for employees and employers to establish harmonious and stable labour relationships and mutual co-operation for the development of enterprises. Article 106: “Occupational disease is the disease caused by the effect of harmful conditions of work on the employee. A list of occupational diseases is jointly issued by the Ministry of Health and the MOLISA, in consultation with the Vietnam General Confederation of Labour and representatives of employers”; Item 2, Article 169: “The Labour Arbitration Council at provincial level consists of full-time and part-time members who are representatives of the labour office, the trade union, the employers and some prestige lawyers, administrators and social activist in the locality. The membership of the Arbitration Council shall be in odd number but not exceed nine members, and shall be chaired by the representative of the provincial authority on labour.” Article 174 has stipulations for public service, essential and security-defense enterprises as shown in a Government list: “the competent authorities are required to organize periodic consultations with representatives of the workers’ collective and the employer at these enterprises in order to provide prompt assistance and response to legitimate demands of the workers’ collective. Where a collective

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labour dispute occurs, it shall be settled by the Labour Arbitration Council at provincial level. If either party does not agree with the award of the Labour Arbitration Council, that party has the right to request the People’s Court to settle the dispute.”

- Quoting some regulations on the tripartite consultative mechanism in the field of OSH from the Law on Trade Union:

The Vietnam General Confederation of Labour has organized its system from the central to local levels and enterprises. Being a representative for employees, its responsibility is to collaborate with State agencies to research and apply scientific and technical progress in labour protection, to develop standards and norms on occupational safety and industrial hygiene, to educate and encourage workers to comply seriously with regulations on labour protection and environmental protection, to inspect for compliance with regulations on labour protection. On detecting signs of danger to workers at workplaces, the trade union has the right to request responsible people to take immediate measures for ensuring occupational safety, even to stop the operation if necessary, to participate in investigating occupational accidents, and to ask State administrative agencies or courts to treat those responsible for the accident pursuant to the laws. Article 6: 1. Trade union collaborates with State agencies to research and apply scientific

and technical progress in labour protection, to develop standards and norms on occupational safety and industrial hygiene.

2. Trade union takes responsibility for educating and encouraging workers to comply seriously with regulations on labour protection and environmental protection.

3. Trade union inspects the compliance with regulations on labour protection; once detecting signs of danger to workers at workplaces, trade union has the right to request responsible people to take immediate measures for ensuring occupational safety, even stop the operation if necessary.

4. Investigation into occupational accidents should be participated in by trade union. Trade union has the right to ask State administrative agencies or courts to deal with, pursuant to the laws, the people responsible for the accident.” - Quoting some regulations on the tripartite mechanism from the

Government’s Decree No 41/CP dated 06/7/1995 stipulating in detail and guiding the implementation of some articles on working discipline and material responsibility in the Labour Code:

Article 11, item 3: “the decision on settling violations of working discipline: Competent persons can settle violations of work discipline by dismissing or moving the violators to another job with a lower salary; and should make a decision in writing indicating the discipline duration. The case for dismissal should have a consensus from the trade union at grass-root level. Otherwise, the trade union grassroot level should report to higher-level trade union while the

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employer should report to the provincial Department of Labour, Invalids and Social Affairs. The employer can make an official decision on the discipline and take responsibility for their decision only 30 days after their report to the Department.” 1.6.1- Some regulations on tripartite mechanism at central level - Competent agencies responsible for making policies and strategies on labour

protection organize discussions with representative organizations of workers and employers prior to the issue. Members of the national council for labour protection include tripartite representatives of the Government, employer and worker;

- The State carries out scientific and technical research into OSH, provides a budget to trade unions (specifically the National Institute for Labour Protection under Vietnam General Confederation of Labour) to research OSH technical issues and makes OSH policies.

- The government has periodical meetings with the presidium of Vietnam General Confederation of Labour and Vietnam Farmers’ Association twice a year to review commitments between the government and trade union, farmers’ association, and to hear opinions and petitions on issues related to workers’ rights, industrial relations and OSH from these two societies.

- The MOLISA has periodical meetings with Vietnam General Confederation of Labour twice a year to review its relationship with the confederation and to hear recommendations and petitions on issues related to workers’ rights, industrial relations and OSH from the confederation.

- Every year, the MOLISA and Ministry of Health collaborate with Vietnam General Confederation of Labour and provincial confederations of labour to inspect the implementation of OSH at enterprises and establishments.

- State agencies, in collaboration with representative organizations of employers and workers, steer and organize information and publicity activities and others during the national week for OSH and fire-explosion prevention.

- In Vietnam there are some organizations representative of employers such as Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and some other societies. When developing policies on OSH and fire-explosion prevention, Government agencies should consult these representative organizations and select their appropriate partner depending on their specific case.

1.6.2- Some regulations on tripartite mechanism at local and enterprise levels - The local specialized administrative agencies are responsible for disseminating

legal documents on OSH and fire-explosion, issued by competent agencies, to enterprises, business and production establishments in their locality; giving guidance, monitoring and inspecting the implementation; reporting to competent agencies on time shortcomings during their implementation of the Government’s policies.

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- Employers are responsible for implementing this regulation at their enterprise in consultation with worker’s representative;

- Provincial labour confederation shall join with competent agencies to implement, give guidance, supervise and propagate the compliance with OSH regulations. Workers’ representative at enterprises shall contribute their opinions to employers to establish rules related to OSH and plans on labour protection, make assessments on the implementation of State regulations on labour protection, organize activities to ensure OSH and provide refresher training to safety and health officers in collaboration with other organizations, participate in inspections and evaluations on labour protection at enterprises, make recommendations for solutions to shortcomings, attend review meetings held by inspectors on labour protection and occupational accidents.

- Local Department of Labour in collaboration with provincial labour confederation settles labour disputes at enterprises in the locality.

- In annual review meetings on labour protection, assessments on tripartite activities in this field for lessons and solutions to improve the effectiveness of this mechanism should be included.

- The labour protection council at enterprise level should involve competent persons who are representatives of employers, trade union, labour protection officers and health officers. Of these, the representative of the employer should be the chairperson of this council while the representative of the enterprise’s trade union should be the vice chairperson.

- The provincial council for labour arbitration includes full-time and part-time members who are representatives of labour agencies, trade union, employer and some lawyers, managers, prestigious social activists in the locality...”

- For public service and enterprises essential to the national economy or security-defense, “State administrative agencies should hold periodical meetings to listen to opinions from representatives of employees and employers at these enterprises in order to give them immediate help and deal with their legitimate requirements...”

1.7- Priorities in OSH performance - Revising, supplementing and accomplishing the system of legal

documents on OSH; establishing incentives to perform OSH activities; studying and developing standards and norms on OSH to be in line with the development of science and technology.

- Enhancing State administration over OSH in households, handicraft villages, small and medium industrial parks and agricultural areas.

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- Renewing State labour inspections, boosting self-inspections and supervision over OSH; establishing and consolidating specialized inspections on OSH in typical fields.

- Enhancing capacity of the cadre of OSH officers; appropriately investing in infrastructure and equipment for OSH administrative activities.

- Consolidating and setting up a system of periodical statistics and reports on occupational accidents and diseases.

- Further researching and applying OSH science and technology.

- Boosting OSH training and teaching activities, initially building up OSH Training Centres in order to provide short-term training courses to employers, employees; enhancing OSH teaching capacity of vocational schools, universities and technical secondary schools.

- Accelerating OSH publicity programs via mass media; developing a national OSH information network.

- Consolidating sanatoria and hospitals for workers.

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2. LEGAL DOCUMENTS ON OSH IN VIETNAM 2.1- Legislation

No Legislation 1 Vietnamese Constitution (1992) – Article 56 2 Law on People’s Health Protection 1989; 3 Law on Trade Union 1990; 4 Law on Environmental Protection 1993 5 Labour Code 1994; 6 Law on Fire Prevention 2001 7 Amended Labour Code 2002; 8 Ordinance on Plant Protection and Quarantine 2001 9 Law on Construction 2003

10 Law on Electricity 2004 2.2- Under-law documents 2.2.1- List of competent agencies involved in issuing under-law documents on OSH

No Agencies Types of document 1 Government Decrees, Decisions, Directives 2 The MOLISA Issue legal documents, policies and regulations on

labour protection, occupational safety and health;formulate, issue and administer the system of Statenorms on OSH, labour classification standards byworking conditions.

3 Minsitry of Health Issue and administer legal documents, the system of standards on occupational hygiene and health for professions and jobs

4 Ministry of Science and Technology

Issue the system of quality standards andspecifications of PPEs; formulate, issue anduniformly administer the system of State technicalstandards on OSH in cooperation with theMOLISA and Ministry of Health.

5 Other Ministries, branches

Issue and give guidance for applying the system of OSH standards and norms at the industrial level, which require the participation of the MOLISA if they are related to occupational safety and of the Ministry of Health of they are related to occupational hygiene.

6 Provincial and municipal People’s Committees

Issue directives and guidelines for State administration over OSH in their localities.

(stipulated in the Law on Issuing Legal Documents, Labour Code, Decree No 06/CP dated 20/1/1995 and Decree No 110/2002/ND dated 27/12/2002)

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2.2.2- Regulations issued by the Government No Documents Contents 1 Government Decree N0

195/CP dated 31 December 1994 elaborating provisions and providing guidance for the enforcement of relevant stipulation of the Labour Code on working time and rest time; Decree No 109/2002/ND- CP dated 27/12/2002 by the Government on revisions, supplements some articles of the Decree no. 195/CP on 31/12/1994 on working time and rest time

- Stipulates that the time for work shall not exceed 8 hours per day and shall not exceed 48 hours per week - Daily working hours shall be reduced by one to two hours in extremely hard, harmful, or hazardous work as indicated on the list issued by the MOLISA and the Ministry of Health - Extra working hours cannot exceed 50% of the daily working hours; the total of over-time hours may not exceed 200 hours in a year. In special cases, the total of over-time hours may not exceed 300 hours in a year.

2 Government Decree No 06/CP dated 20/1/1995 elaborating some provisions of the Labour Code on Occupational safety and health. Decree of the Government No.110/2002/ND-CP dated 27 December 2002 on amending and supplementing some articles of the Governmental Decree No.06/CP dated 20 January 1995 regulating in details some provisions of the Labour Code on Occupational Safety and Health

- Establish feasibility report on OSH measures - Provide PPEs in accordance with legal regulations and required quality - Provide health checks for workers once a year and for those exposed to hard and hazardous jobs every six months. - Provide training in OSH. - Register for verification before using machinery, equipment and materials with strict OSH requirements.

3 Decree No 113/2004/ND-CP dated 16/4/2004 by the Government on fining violations of labour laws

- Fine Vietnamese individuals and organizations violating labour laws, who are not criminals. To this extent they shall be fined in the Vietnamese territory in

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accordance with the laws. - Foreign individuals and organisations violating labour laws in Vietnamese territory shall also be regulated by third Decree (except the case that International conventions ratified by Vietnam introduce different stipulations)

4 Directive No 13/CT-TTg dated 26/3/1998 by Prime Minister on further steering and implementing labour protection task in the new period of time

- The MOLISA in collaboration with the Ministry of Health reviews, supplements and completes guiding documents on labour protection, particularly norms on OSH; consolidates and improves the effectiveness of OSH inspection system. - The MOLISA collaborates with the Vietnam General Confederation of Labour and relevant Ministries, branches to develop the National program on labour protection, occupational safety and health - The Ministry of Health makes amendments and supplements to the standards on occupational hygiene, develops health standards, provides health checks for workers exposed to hard, hazardous and dangerous jobs, and improves the efficiency of first aid services for occupational accidents. - The implementation of labour protection shall be reviewed and assessed for remuneration every year.

5 Decree No 58/2002/ND- CP dated 3/6/2002 by the Government

Regulations on Management of Agro-chemicals

6 Decree No 26/2003/ND-CP dated 19/3/2003 by the Government

Fining violations in the field of plant protection and quarantine

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7 Directive No 20/2004/CT-TTg by Prime Minister dated 8 June 2004 on the strengthening of steering and implementing occupational safety and health in agriculture

-Continue to accomplish legal documents related to the implementation of occupational safety and health in agriculture - Enhance the prevention of occupational accidents and diseases -Boost information and publicity activities in order to raise awareness of employers and employees of regulations, standards, safety procedures, occupational accident prevention measures when using machinery, equipment, and agro-chemicals in agriculture - Strengthen international cooperation in occupational safety and health in agriculture. - Enhance inspection and examination by observing OSH regulations in agriculture

8 Decision No 40/2005/QD-TTg dated 28 February by Prime Minister on the Establishment of the National Council for Labour Protection

- The National Council for Labour Protection gives the Prime Minister consultations on guidelines, direction, mechanism and policy and collaborates with ministries and industries in the field of labour protection; measures to steer and operate the implementation of guidelines, policies and national program on labour protection; being focal point for collaboration among ministries, industries and unions in the field of labour protection in order to ensure occupational safety and health and improved working conditions

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2.2.3- Joint Circulars

No Legal paper Details 1 Joint Circular No.

03/TT-LB dated January 28th 1994 by MOLISA, Ministry of Health on hazardous working conditions and occupations in which the use of female workers is prohibited.

Define hazardous working conditions and occupations in which the use of female workers is prohibited, including: 1. Where the pressure is greater than atmospheric pressure 2. In pits 3. High and dangerous working conditions 4. Work places which are not suitable for women’s mental and psychological conditions 5 Regular soaking in water or in dirty water, which may easily cause infectious diseases; 6. Exceedingly hard work (the average energy consumption of more than 5Kcal/minute, average heart beat of more than 120/minute 7 Direct exposure to chemicals which can cause genetic transformation A list of occupations in which the use of female workers is prohibited, including 49 types of work for females in general and 83 occupations for pregnant women and nursing mothers.

2 Joint Circular No. 10/1999/TTLT-BLDTBXH-BYT dated March 17th 1999 by MOLISA and MOH guiding the regulations on in-kind compensation for workers in hazardous and dangerous working conditions.

Define the conditions and rates of in-kind compensation for workers in the list of hazardous and dangerous occupations issued by the government. These workers can be compensated for the following conditions: a) in the work environment where one of the dangerous elements is beyond MoH’s standards: physical elements such as microclimate, noise, vibration, pressure, electromagnetism; chemical elements: toxic chemicals, toxic gas, toxic dust. b) direct exposure to infectious sources caused by microorganisms which can cause disease in human beings The in-kind compensation could be money, using the following calculations: Rate 1, equal to 2,000 VND Rate 2, equal to 3,000 VND Rate 3, equal to 4,500 VND Rate 4, equal to 6,000 VND

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No Legal paper Details 3 Joint Circular No.

08/TTLT-LDTBXH-BYT dated April 20th 1998 guiding the regulations on occupational diseases.

- Define the measures to prevent and protect from diseases; regulations on health checks, identifying diseases and health care for sufferers of the diseases; occupational diseases appraisal; the added list of occupational accidents; reporting systems.

4 Joint Circular No.14/TTLT-LDTBXH-BYT-TLDLDVN dated October 31st 1998 guiding the labour protection in enterprises, business establishments.

- Organisational structure and allocation of responsibility in terms of the labour protection performance in enterprises (the labour protection council in enterprises; the labour protection unit in enterprise; heath unit; network of OSH collaborators; - Development of labour protection plans; - The task of self-checks in terms of labour protection -Notification, reporting and mid-term evaluation, final evaluation.

5 Joint Circular No. 09/TT-LB dated 13/04/1995 by MOLISA and MOH on hazardous working conditions and occupations in which the use of child labour is prohibited.

13 hazardous working conditions and occupations and list of 81 types of occupations in which the use of child labour is prohibited.

6 Joint Circular No.14/2005/TTLT -BLDTBXH-BYT-TLDLDVN dated 8/3/2005 by MOLISA, MOH and VGCL guiding the regulations on regular reporting of occupational accidents.

- Statistics for detailed information on the victims, places and time where the accidents occur, types of occupational accidents, state of the injuries, reasons for those occupational accidents and the degree of loss. - Report occupational accidents in the first 6 months of the year and of the whole year, including information on classification of occupational diseases by causative factors, rate of severity, reasons for the occupational accidents; analyse the situation of occupational accidents by the type of enterprises - Define responsibilities of enterprises, provincial department of Labour, Invalids and Social Affairs and Ministries in the reporting of

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No Legal paper Details occupational accidents.

7 Joint Circular No 17/2003/TTLT/BTC - BNN&PTNT - BTS dated 14/3/2003 by the Ministry of Finance, Ministry of Agriculture and Rural Development, Ministry of Fisheries

Guide inspection and monitoring of imports-exports of plants, animals and aquatic products under quarantine regulations.

2.2.4- Legal documents and regulations issued by the MOLISA

No Document Details 1 - Circular

No.07/LDTBXH-TT dated April 11th, 1995 by MOLISA providing guidelines on compliance with some articles in the Labour Code and Decree No 195/CP dated December 31st on time for work and time for rest.

- Time for shift break is: + 30 minutes in the context of 8 consecutive hours of work and normal working conditions; or 7 or 6 consecutive hours in case of reduced time; + 45 minutes in the context of working at night from 22.00hrs to 06.00hrs or from 21.00hrs to 05.00hrs - Annual leave.

2 Circular No. 08/LDTBXH-TT dated April 11th 1995 by MOLISA on OSH training.

Define training content for employees and responsibilities of employers in conducting training for employees; Training content for employers and responsibilities of relevant Ministries in conducting training for employers.

3 Circular No. 23/LDTBXH-TT dated September 19th 1995 by MoLISA providing supplemented guidance on Circular No. 08/LDTBXH -TT dated April 11th 1995 by the Ministry on OSH training.

Add stipulations on training and training materials for people working in jobs with strict OSH requirements.

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No Document Details 4 Circular No. 16/

LDTBXH-TT dated November 08th 1997 by MoLISA providing guidance on daily shortened hours of work for workers in hard, hazardous and dangerous work.

The daily hours of work to be shortened by 02 hours – this is to be applied to particularly hard, hazardous and dangerous work in the list of hard, hazardous and dangerous work. In each day of 6 consecutive hours of work in hard, hazardous and dangerous work, workers must have at least 30 minutes of rest for day shift, and at least 45 minutes for night shift. In any day of hard, hazardous and dangerous work, workers cannot work 3 extra hours overtime; in any week, overtime cannot exceed 9 hours.

5 Circular No 20/1997/TT-LDTBXH dated 17/12/1997 by the MOLISA instructing annual reward for labour protection activities.

Defines the criteria for rewarding individuals and organisations which have achieved good results in the implementation of OSH activities;

Forms of rewarding organisations include: letter of commendation, certificate of merit, challenge banner, labour order;

Forms of rewarding individuals include: letter of commendation, certificate of merit, labour order.

6 Circular No. 10/1998/TT -LDTBXH dated May 28th 1998, by MOLISA guiding the compliance with regulations on personal protective equipment.

- People who are equipped with PPEs for their work.

- Rules for providing and using PPEs.

- Responsibilities of employers and employees.

7 Circular No. 21/1999/TT-LDTBXH dated September 11th 1999 by MOLISA on the list of jobs, work and conditions which allows the employment of children under 15 years

- Defines the list of jobs, work and conditions which allow the employment of children under 15 years old, i.e: 1. Actors: dancing and singing, circus, stage work (drama, classical drama, classical Vietnamese operetta, modern play of Vietnamese south, puppetry…), cinema; 2. Traditional work: ceramic blazing, oyster

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No Document Details old. shell sawing, lacquer painting;

3. Fine arts and handicraft work: embroidery, fine art wood; 4. Gifted athletics: gymnastics, swimming, athletics (except dumb bell chain), ping-pong, badminton, basket ball, hand ball, billiards, football, martial arts, shuttlecock kicking, rattan shuttlecock kicking, chess, Chinese chess.

8 Circular No. 23/1999/TT-BLDTBXH dated October 4th 1999 by MOLISA providing guidance on the regulations of reduced weekly working time in state enterprises.

Defines the principles and conditions in which the hours of work are reduced from 48 hours in a 6 working day week to 40 hours in a 5 working day week or 44 hours in a 5.5 working day week; suitable organization of work shifts so that workers have 2 or 1.5 days off work, for which employers are responsible on a voluntary basis.

9 Circular No. 15/2003/TT-BLDTBXH dated June 03rd 2003 by MOLISA guiding the regulations on extra working hours as stipulated in Decree No. 109/2002/ND-CP, dated December 27th 2002 by the Government.

Defines the principles and conditions for extra work of up to 200 and 300 hours per year

10 Circular No. 16/2003/TT- BLDTBXH dated June 3rd 2003 by MOLISA guiding the regulations on time for work and for rest for workers in seasonal and ordered export processing work.

Guiding the regulations on time for work and for rest for workers in seasonal and ordered export processing work.

11 Circular No. 23/2003/TT-BLDTBXH dated November 3rd 2003 by MOLISA guiding the procedures

- The procedures for registering and verifying machinery, equipment, materials and substances which have strict safety requirements. - Make public the list of 22 machines,

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No Document Details for registering and verifying machines, equipment, materials and substances with strict OSH requirements.

equipment and materials with strict OSH requirements; - List of 109 substances with strict occupational hygiene requirements.

12 Circular No. 10/2003/BLDTBXH-TT dated April 18th 2003 by MOLISA guiding the regulations on compensation and subsidization system for workers suffering from occupational accidents and diseases.

Define the beneficiaries of the Circular, rate, compensation and subsidization formalities, and responsibility of the employer for compensation: - Distinguish non-occupational accidents from accidents considered as occupational ones; - Cases of decreased work capacity of above 5% which have been subsidized or compensated by employers. - Compensation for occupational accidents and diseases due to mistakes of employers; subsidization for occupational accidents due to employees’ mistakes.

113 Circular No. 23/2000/TT-BLDTBXH dated September 28th 2000 guiding the compliance of some regulations for workers in farms.

- Time for work and time for rest:

+ ... the working time shall be negotiated by the 2 sides, but this cannot exceed 8 hours/day; overtime should not exceed 4 hours/ day.

+ in case of working for 30 days/month, after every 6 days the worker must have one day off.

+ In case of continuous work for at least 1 year, the employee enjoys 12 paid days on leave.

- Labour protection

+ The farm owner and the employees must take measures to prevent occupational accidents and diseases in the employees.

+ ... the farm owner should provide suitable personal protective equipment (protective shoes, hats, gloves, masks, soap…) for

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No Document Details workers.

+ ... the farm owner should incur all wages and health service charges from first aid through to permanent treatment for the workers who have suffered occupational accidents and injuries.

+ When there is an occupational accident, the farm owner should report it to the people’s committee in districts or wards and the district Labour office. The people’s committee of the district or the village is responsible for introducing the occupational accident victim to be examined, based on the occupational accident profile.

14 Circular No. 12/2005/TT-BLDTBXH dated January 28th 2005 guiding the Decree No. 113/2004/ND-CP dated April 16th 2004 by the Government on administrative punishment on acts of violations of the Labour Code.

Defines the rates for fines on acts of violations in the field of occupational safety and health.

15 Decision No. 1453/1995/QD-LDTBXH dated October 13th 1995; Decision No. 915/1996/QD - LDTBXH dated July 30th 1996 Decision No. 1629/1996/QD-LDTBXH dated

Classification of jobs, with a break down into details according to hazard rating, to lay the foundation for compliance with regulations on in-kind payment, time for work, time for rest, wages and early retirement.

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No Document Details December 26th 1996; Decision No. 190/1999/QD - LDTBXH dated March 3rd 1999 Decision No. 1152/2003/QD-BLDTBXH dated September 10th 2003 on the promulgated l is t of hard, hazardous and dangerous work.

16 Decision No. 995/1998/QD -LDTBXH dated September 22nd 1998; Decision No. 892/1999/QD - LDTBXH dated August 6th 1999, Decision No.1320/1999/QD LDTBXH dated October 6th 1999, Decision No.722/2000/QD - LDTBXH dated August 2nd 2000; Decision No.205/2002/QD - LDTBXH dated February 21st 2002

List of personal protective equipment for people working in hazardous and dangerous conditions.

17 Decision No. 558/2002/QD-LDTBXH dated 10 May 2002

List of occupations in which there are in-kind payments for workers in the field of agriculture and rural development.

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2.2.5- Documents related to OSH issued by Ministry of Health No Legal document Content 1 Circular No 13/TT-BYT dated 21

October 1996 by the Ministry of Health

Guidance on the management of the working environment and the health of workers and occupational diseases

2 Circular No 09/2000/TT-BYT dated 28 April 2000 by the Ministry of Health

Guidance on the care of the health of workers in small and medium enterprises

3 Instruction no. 07/2004/CT-BYT dated 11/10/2004

Enhancing the guidance and implementation of OSH, taking care of agricultural workers’ health

4 Instruction no. 12/2001/CT-BYT dated 20/11/2001 issued by Ministry of Heath

Organizing the activities during the National Week on OSH – Fire and Explosion in the health sector

5 Decision 3733/2002/ Q§-BYT dated 10/10/2002 issued by Ministry of Health

Issuing 21 OSH standards, 5 principles and 07 OSH parameters

2.2.6- OSH-related regulations issued by Agriculture and Rural Development Ministry

No Legal document Content 1 Circular No. 71/2002/TT-

BNN-CS dated August 12th 2002

Guidance on how to comply with regulations on in-kind compensation for workers in hazardous working conditions in the agricultural and rural development field

2 Circular No. 71/TT-BNN dated June 25th 2003

Guidance on how to comply with Decree No. 26/2003/ND-CP dated March 19th 2003 by the Government on administrative penalty in plant protection and quarantine keeping.

3 Circular No. 73/TT-BNN dated July 1st 2003

Guidance on how to comply with domestic vegetation quarantine.

4 Decision No. 82/2002/QD/BNN dated September 19th 2002

On the revised notification form for vegetation quarantine issued under Decision No. 188/2000/QD/BNN-BVTV

5 Decision No. 84/2002/QD-BNN dated September 24th 2002

On issuing regulations by the state administration for sterilization of objects which need to be quarantined for

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No Legal document Content vegetation.

6 Decision No. 89/2002/QD-BNN dated October 08th 2002

On issuing regulations on vegetation quarantine of exported helpful plants and living things.

7 Decision No. 91/2002/QD-BNN dated October 11th 2002

Introducing regulations on issuing certificates for practising jobs of producing, processing, bottling, packaging and dealing of agro-chemicals

8 Decision No. 145/2002/QD-BNN by MARD dated December 18th 2002

On the appraisal procedure for producing, processing, registering, exporting and importing; on dealing, storing, destroying, labeling, packaging, advertising and using agro-chemicals

9 Decision No. 50/2003/QD-BNN dated 25 March 2003

Issuing regulations on verifying the quality, excess amount of agro-chemicals and experimenting with new types of agro-chemicals for their registration in Vietnam.

10 Decision No. 61/2003/QD-BNN by MARD dated May 7th 2003

Issuing the sample form for investigation, inspection activities and administrative penalty by inspectors specialised in plant protection and quarantine.

11 Decision No. 82/2003/QD-BNN dated September 4th 2003

Issuing standards “regulations on investigation into and uncovering of creatures harmful to plants”

12 Decision No. 16/2004/QD/BNN-BVTV dated April 20th 2004

Issuing regulations on the procedure for inspecting objects and setting up files for vegetation quarantine.

13 Decision No. 19/2005/QD/BNNN

Issuing the list of agro-chemicals used for vegetables.

14 Directive No. 18/CT-BNN-CB dated March 24th 2005

Strengthening OSH steering and performance in agriculture.

15 Decision No. 321/QD-BNN-TCCB dated March 15th 2005

Setting up the MARD’s annual OSH and fire prevention steering committee.

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2.2.7- OSH-related regulations issued by the Ministry of Industry No Legal document Content 1 Decision No. 45 QD-

KTAT dated December 15th 1997

Industrial safety standards, procedure for examining bottles containing C2H2

2 Circular No. 02 TT-KTAT dated March 21st 1997

Industrial standards, guiding procedure for the management of electrical safety procedures in the field

3 Safety norms in coal and schist pits, called TCN 14-06-2000 issued on December 1st 2000 under Decision No. 69/2000 QDBCN

The whole safety process in the pits (including 9 chapters, 538 articles; Chapter 1: General provisions Chapter 2: Mining work execution Chapter 3: Pit ventilation and dust, air rules Chapter 4: Transportation Chapter 5: Electrical technical equipment Chapter 6: Fire prevention and extinguishment Chapter 7: Flood prevention in working mine galleries Chapter 8: Industrial and ecological health Chapter 9: Provisions for Implementing

4 Directive No. 04/1999/CT-BCN to strengthen the management of safety techniques in pits of coal and other minerals

- 14 measures of good performance for promoting safety in coal pits. Regularly report the progress of this performance to Ministry of Industry.

- Conduct a comprehensive examination of all pits; any pits which do not meet the minimum safety criteria of the State, the Ministry and the Corporation, must stop operating.

- Re-inspect and adjust the ventilation network in all pits to meet all choke-damp level ventilation requirements.

- Evaluate, consolidate the system of equipment, electricity in the pits to ensure safety. Move all the unsafe equipment, machinery in terms of fire prevention out of the pits.

- Measure and analyse the gas and air flow as regulated in safety norms.

- Organise training courses for all staff and workers to raise their understanding of the

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No Legal document Content prevention of accidents due to gas and toxic gas explosions.

5 Decision No. 41/2001/QD-BCN dated 30/8/2001 by Minister of Industry on safety in rural electricity

- Stipulations on standards of safety techniques in electricity of the rural, mountainous and island areas; guiding safety measures to protect the people’s lives and the state’s properties.

- Applied in the management, design, taking over, operating and repairing of electric grids in rural areas.

- Any state administration agencies, organisations, individuals supplying or using electricity; organisations, individuals when carrying out other work that may cause electric problems or accidents must be responsible for the articles in this Decision.

- The rural electric boundary is defined from the general shutting equipment (knife-switch…) for the side of 0.4 KV of the source to the building, house of the organisation, individual using electricity outside the city, town or district’s administrative border.

6 Circular No. 07/2001/TT-BCN dated September 11th 2001 guiding the implementation of some technical contents stipulated in the Decree No. 54/1999/ND-CP dated July 8th 1999 by the Government on safety in high voltage grid.

- Technical standards and objectives of using insulated wires

- Competent agencies for high voltage administration

- Secure corridor for aerial grid safe protection - Trees in the secure corridor for high voltage

grid…

7 Directive No. 05/2003/CT-BCN dated March 5th 2003 by Minister of Industry on strengthening OSH and fire prevention for the

- Strengthen examination and self-examination according to concrete plans of implementing and treating violations of safety process, safety norms, labour protection policies in enterprises or units under the industry. Step by step consolidate and enhance the roles,

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No Legal document Content safe industrial year of 2003.

responsibilities and effectiveness of the OSH and fire prevention network, with a special focus on the following fields: extraction, minerals processing; producing, using, preserving and transporting of industrial explosive materials; installation and operation of the electric system; industrial fire and dust prevention in textile, tobacco, metallurgy and chemical industries.

8 Decision No. 156/2003/QD-BCN dated October 2nd 2003 on safety norms in coal sorting enterprises.

- The planning, designing, building of factories must comply with current Vietnamese regulations on OSH, fire prevention and environmental protection.

- Machinery, equipment, workshops, stores of factories must be designed, set up and regularly inspected, maintained and serviced.

- New imported equipment and technologies must meet the technical, OSH and environmental protection requirements according to current regulations.

- The person responsible for OSH and environmental issues must have suitable qualifications and at least 3 years of experience in the field. If he (she) specialized in coal classification in vocational college, then the years of experience should be at least 5 years.

- When designing the transportation routes within the factories, the intersections between roads and railways must be minimized. If there is any intersection between these two, there must be measures to prevent accidents. All water, oil and gas pipes across these roads or railways must be put in force-proof covers.

9 Decision No. 91/2004/QD-BCN dated September 15th 2004 by Minister of Industry on the organizational structure and operation

- Regulations on the organizational structure and operation principle of professional mine rescuers. This is compulsory for professionals and concerned people in the process of eliminating all the problems in mines.

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No Legal document Content of professional mine rescuers

10 Decision No. 136/2004/QD-BCN dated November 19th 2004 by Ministry of Industry on the list of dangerous machines, equipment, hazardous chemicals and regulations on management of dangerous machines, equipment and hazardous chemicals in the industry.

- The regulation is applied to administration agencies, technical verification establishments, enterprises, organizations, individuals in the industry including mechanicals, metallurgy, electricity, energy, oil and gas, minerals extraction, chemicals (also including pharmaceutical chemistry), industrial explosive materials, light industry, food processing and other types of manufacture with regard to dangerous machinery, equipment, hazardous chemicals with typical requirements.

11 Circular No. 02/2004/TT-BCN dated December 31st 2004 by Ministry of Industry guiding the implementation of the Decree No. 13/2003/ND-CP dated February 19th 2003 by the Government on “the list of dangerous goods, transportation dangerous goods on roads”

- Regulations on “list of dangerous goods and transportation of dangerous goods on roads”, including the added list for dangerous goods which are industrial explosive materials and chemicals, knowledge of employers and employees and the technical conditions of transportation vehicles when transporting these materials and chemicals.

12 Decision No. 3532/QD-KHCN dated December 31st 2004 by Ministry of Industry on the issued safety verification process

- Safety verification process for boilers; - Safety verification process for pressure

vessels; - Safety verification process for bottles of gas,

liquefied gas; - Safety verification process for dissolved

acetylene; - Safety verification process for lifting

equipment. 13 Circular No

02/2005/TT-BCN dated Regulating the responsibilities for management over production, doing business,

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No Legal document Content 29 March 2005 guiding the management over production, doing business, supplying and use of industrial explosive materials

supplying and use of industrial explosive materials by State administrative agencies.

2.2.8- OSH-related regulations issued by the Ministry of Defense No Decisions Contents 1 Decision No 1183/QD-BQP

dated 18/7/1997 Regulating the provision mechanism of allowances for hazardous and dangerous exposure to workers and in-kind allowances

2 Decision No 1255/QD-BQP dated 25/9/1997

Regulations on provision of PPEs in military work

3 Decision No 884/1998/QD-BQP dated 18/7/1998

Regulations on clarification and investigation into occupational accidents in the army

4 Decision No 1051/1999/QD-BQP dated 13/9/1999

Regulations on the performance of labour protection activities in enterprises, repairing, production and business establishments and budget-estimating units in the army

5 Circular No 14/2004/TT-BQP dated 16/12/2004

Guiding the provision of allowances and compensation for servicemen, defense workers and contracted labourers who are affected by occupational accidents and diseases.

2.2.9- Standards, processes and norms related to OSH (Annex 4) OSH standards, processes and norms are binding guidelines for enterprises List of standards, processes and norms related to OSH: see Annex 3 2.3- Regulations on the functions, duties and powers of labour inspectors 2.3.1- According to the Labour Code of the Socialist Republic of Vietnam (revised in 2002) Article 185: The state labour inspectorate is responsible for inspecting labour policies, occupational safety and occupational health; The Ministry of Labour, Invalids and Social Affairs and provincial state agencies for labour also conduct labour inspections. Article 186: the state labour inspectorate has the following tasks:

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+ Inspecting the compliance with regulations on labour affairs, occupational accidents, occupational health;

+ Investigating occupational accidents and violations of occupational health standards;

+ Participating in the development and providing guidance on how to comply with safety and health standards and process;

+ Dealing with complaints and denunciations related to labour in accordance with laws.

+ Settling relevant issues within its competency and making recommendations to competent authorities to deal with violations of labour laws.

Article 187: as stipulated in items 1, 2 and 4, when conducting the investigations, the labour inspector has the right to: Item 1: Conducting unscheduled inspections and investigations into specific designated areas; Item 4: Deciding to terminate the use of machinery, equipment, workplaces with high risks of occupational accidents, serious environmental pollution; be responsible for these decisions and timely report to relevant state agencies.

2.3.2- According to the Inspection law (approved on 15 June 2004) From Article 23 to Article 29 there are stipulations on the structure, duties and responsibilities of relevant inspectors, including Ministry Inspectorate and provincial Department of Labour, Invalids and Social Affairs. From Article 45 to Article 52 there are stipulations on activities of specialised inspectors.

2.3.3– According to the Decision No. 1118/2003/QD - BLDTBXH (issued on September 1st 2003) Item 2, Article 2 in the Decision stipulates that the labour inspectorate’s role is under the Labour Code. • Inspecting the compliance with regulations on labour affairs, occupational

safety and health; • Organising and guiding the investigation and reporting of occupational

accidents, violations of labour standards and occupational health; statistics of occupational accidents;

• Participating in the development and provision of guidance on the regulations and standards in occupational safety and health.

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2.4- Regulations on subsidy and compensation for occupational accidents and diseases

No Legal papers Details 1 The Labour Code of 1994 Article 149 The regulations on contribution to the

social insurance fund: Employers pay 15% of the salary; employees pay 5% of their wages; the State pays extra amount; interests from funds.

2 The revised Labour Code of 2002 1. Item 3, Article 107 - The employee is compensated by the

employer when an accident occurs or they suffer from occupational disease. The rate is salary of at least 30 months and the allowance if they die or they lose more than 81% of their working capacity. There are specific regulations for the cases between 5% - 81%. - Employees are subsidized by the employer at the rate of more than his/ her salary of 12 months if the accident is their fault.

2. Article 141,

Enterprises must participate in compulsory social insurance systems for workers who have signed contracts of more than 3 months duration; workers have the right to social insurance subsidy, including subsidy for occupational accidents and diseases.

3. Article 143, Article 146,

Workers suffering from occupational accidents and diseases, after treatment, will be tested and this will be recorded for social security insurance. In cases where the worker has died, his/ her family will receive the burial fee, death gratuity, and monthly death allowance.

3 Government Decree 1. Article 11, Decree

No. 06//CP dated January 20th 1995 by the Government (revised and supplemented)

Specific stipulations on how employers compensate and subsidize workers suffering from occupational accidents and diseases.

2. Article 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,

- When workers suffer from occupational accidents and diseases, the social insurance

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Vietnam Social Insurance Regulations, adopted together with Decree No. 12/CP dated January 26th 1995 by the Government (revised) on specific regulations about social insurance for workers who pay a social insurance fee and are suffering from occupational accidents and diseases.

company will introduce them to the examination office to define the rate of decreased working capacity. Based on this rate, the social security fund will pay a once-off or monthly subsidy. - In addition, workers can also benefit from others: death gratuity for occupational accidents and diseases.

4 Circulars 1. Joint Circular No.

08/1998/TTLT-BYT-BLĐTBXH dated April 20th 1998 by MOH, MOLISA guiding the compliance with regulations on occupational accidents.

Defines that employers must organize health checks, provide health services and pay for all the health service costs of workers.

2. Circular No. 10/2003/TT-BLĐTBXH dated April 18th 2003 by MOLISA guiding the compliance with regulations on employers’ compensation and subsidization for employees suffering from occupational accidents and diseases whose working capacity has decreased by more than 5%.

- After receiving the results of injury checks, the employer will have to compensate or subsidize the worker if the decreased working capacity is more than 5% or death due to occupational accidents and diseases. - In the case that the employer does not pay the workers’ compulsory social insurance fee, they have to pay not only the compensation fee and subsidy but also an allowance equivalent to that paid by the social insurance system when workers suffer from occupational accidents and diseases.

3. Decision No. 14/2004/QĐ-BTC dated January 16th 2004 by

- Workers in these kinds of enterprises will be compensated by insurance companies, not by employers.

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Minister of Finance on the rate of fee that enterprises in industries with high risks of occupational accidents and diseases such as construction, installation must participate in the social insurance system to ensure workers’ rights.

- Stipulates the premium rate based on the period of 30 months: Indirect employees who work in offices pay 0.42%; Indirect workers in high risk working conditions pay 0.51%; Indirect workers pay 0.62%; In hazardous occupations where accidents easily happen, workers pay 0.72%.

2.5- A summary of requirements for recording and notification of occupational accidents and diseases

(Quoted from Joint Circular No 14/2005/TTLT-BLDTBXH-BYT-TLDLDVN dated March 8 2005) 2.5.1- Requirements for recording and notification of occupational accidents

2.5.1.1- Occupational accidents notification

- All occupational accidents must be reported immediately to the enterprise’s employer by the victim, his work-mate or someone who knows of the incident.

- When there’s a fatal accident or a serious one, the enterprise must report as soon as possible to the provincial Department of Labour, Invalids and Social Affairs (DoLISA), or police of the district where the accident happens and its direct administration agency.

- In the case where the victim of the accident dies when he is under treatment or dies because of a relapse, the enterprise must report to inspectors of the DoLISA immediately after his death in compliance with relevant regulations.

- Occupational accidents happening in the fields as radio-activity, oil and gas extraction, or in rail, water, road and air transportation vehicles, or in army enterprises must be reported to the field’s administration agency.

2.5.1.2- Occupational accident statistics and reports

- Within 5 working days from the day the occupational accident minutes are published, the enterprise must enter in the Occupational Accident Register information about all occupational accidents for which their controlled workers have had to leave work for more than a day. Workers who suffer from several occupational accidents at the calculation time must have separate statistics for each case.

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- Enterprises must report to DoLISA of the provinces where they are located and to other agencies which are part of the provincial investigation group.

- Police agencies send a copy of documents of traffic accidents regarded as occupational accidents to the enterprise whose workers are injured in the accident, to make regular reports of occupational accidents. When there is request from victims or families of the victims, this task of copying and sending the documents must be done within 20 working days.

- Every 6 months and annually, the enterprise must collect information and report on the situation of occupational accidents to DoLISA of the provinces where they are located and to other agencies which are part of the provincial investigation group, before July 5th for the first 6 months and before the following year’s January 10th for the annual report. If there are no occupational accidents, the enterprise must clearly note down “no occupational accident”.

- DoLISA will compile all information and report the situation of occupational accidents in 6 months to MOLISA (Bureau for Safe Work and the Ministry’s Inspectorate) and the provincial statistics office before July 15th for report of the first 6 months of the year and before January 20th for the annual report.

2.5.2- Profile and management of occupational diseases

- Occupational disease profile is held separately, managed and kept in accordance with regulations by the Ministry of Health.

- The employer must develop plans and have reports to the provincial Department of Health every quarter, every 6 months and annually on workers whose occupational health is checked. Departments of Health, Ministries are responsible for reporting quarterly, half-yearly and annually to MOH.

- For the army: based on the results from checks and assessment of occupational diseases conducted by the Faculty of Military Occupational Medicine and Occupational Diseases, Council for Medicine and Occupational Disease Assessment, Ministry of Defense, Military Medicine, Policies and Labour Organisation make assessments and define the rate of loss of working capacity. The profile is kept by the Council and sent to the Division of Social Insurance under the Department of Policies, Ministry of Defense to implement regulations on social insurance.

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2.5.3- List of occupational diseases and compensable diseases which can be compensated by the social insurance company or by employers

No Diseases with the break down into groups Legal documents 1 Silicosis 2 Asbestosis 3 Lead poisoning 4 Benzene and its coequals’ poisoning 5 Mercury and its compound poisoning 6 Manganese and its compound poisoning 7 X-ray and radio-active substances 8 Occupational deafness due to noise

Circular No. 08/TTLB dated May 19th 1976

9 Byssinosis 10 TNT poisoning (Trinitrotoluene) 11 Vibration 12 Occupational skin discoloring 13 Skin ulcer, nose partition ulcer, dermatitis,

eczema 14 Tuberculosis 15 Hepatitis 16 Leptospirosis

Circular No. 29/TT-LB dated December

25th 1991

17 Chronic bronchitis 18 Arsenic and its compound poisoning 19 Nicotine poisoning 20 Agro-chemical poisoning 21 Chronic low blood pressure

Decision No. 167/BYT-QĐ dated

February 4th 1997 by MOH

2.6 - A summary of OSH requirements in collective labour bargaining

Based on stipulations in the Labour Code, regulations on collective labour bargaining should have the following items:

- Work and rest time: should have specific stipulations on hours of work per day, per week, break time, shifts, days off in a week, holiday, paid days off, personal days off, extra hours.

- The responsibility of employers and employees for organizing and implementing rules, processes, norms and measures for safe work and working conditions.

- Training in OSH and PPE provision;

- Regulations on health care for workers such as health checks, occupational disease checks, attending sanatoria, occupational accident and disease allowances.

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- Regulations for female and juvenile workers.

The laws encourage employers and employees to sign labour bargaining agreements with items which are more beneficial for employees than stipulations in the labour laws. 2.7- OSH-related Conventions, standards and norms of the ILO and the World Health Organisation (WHO)

Vietnam has consulted the ILO conventions related to OSH during its process of development of legal frameworks and policies on OSH in Vietnam. Where Vietnam has ratified some convention, the country has respectfully complied with it.

The global strategy for occupational safety and health in 2001-2010 and orientation towards 2020 by the WHO.

The list of the ILO OSH conventions ratified by Vietnam is attached in Appendix 1. 2.8- Challenges, difficulties and obstacles to improving OSH

- With its policy of developing the market economy, facilitating all economic sectors, realizing the industrialization and modernization strategy to turn the country into an industrialized one by 2020, Vietnam has experienced rather rapid economic development over the past few years. The use of machinery, equipment and chemicals has been increased, followed by an increase in industrial waste volume. However, the awareness of OSH and environmental protection is still limited, causing hazards to OSH and the environment. By 2005, Vietnam had 160,000 enterprises and 2.6 million households involved in business and production activities with over 43 million labourers, of whom 77.5% were vocationally untrained and lacked OSH knowledge.

- The cadre of officers is weak in both quantity and qualifications; equipment and infrastructure for State administration are inadequately invested in.

- Legal documents guiding OSH performance are sometimes overlapping and inconsistent; there is a shortage of OSH standards, norms and processes.

- The capacity of OSH information, propagation, training and education is poor, failing to improve the knowledge of the public in general and workers in particular.

- The reported number of occupational accidents and diseases is far lower than the real figure; there is only a limited number of annual reports made on occupational accidents. Moreover, the cases in agriculture, forestry, and aquaculture or in private establishments are not taken into account. Consequently, there is no available report on economic damages from unsafe

46

conditions, leading to difficulties in making policies and selecting priorities for OSH improvement.

Vietnam has no policy of economic leverage to encourage enterprises to perform OSH, for example, a fund for occupational accident compensation.

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3. INFORMATION ON NATIONAL ADMINISTRATIVE AND RESPONSIBLE BODIES IN THE FIELD OF OSH 3.1- Overview of the organisational structure of the MOLISA and role of relevant central bodies

3.1.1- Overview of the organisational structure of the MOLISA

Functions: the MOLISA is responsible for developing and submitting to the competent bodies to issue or for issuing legal documents, policies and regulations on labour protection, occupational safety and health; developing, issuing and uniformly administering the system of State regulations on occupational safety, labour classification standards by working conditions; guiding branches, levels to inspect occupational safety and health; conducting labour inspections; organizing activities of information, training in OSH; cooperating with countries and international organizations in the field of occupational safety.

Figure 1: Organisational structure of OSH-related agencies

THE MOLISA

BUREAU FOR SAFE WORK - Division of Policies and Norms - Division of Information and Propaganda - Division of Administration and Personnel - Center for OSH Training

LABOUR INSPECTORATE (Inspection over OSH)

INSTITUTE FOR LABOUR SCIENCE AND SOCIAL AFFAIRS Research Center for Working conditions and environment

CENTERS FOR INDUSTRY SAFETY REGISTRATION

64 Departme

nts of Labour, Invalids

and Social Affairs in provinces,

cities

Center for industry safety registration District’s Labour division

Partner relations Steering relations

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3.1.1.1- Bureau for Safe Work (Quoted from the Decision No 1123/2003/QD-BLDTBXH dated 10 September 2003) Functions The Bureau functions as the state administration for occupational safety, labour protection, occupational health in the whole country, as regulated by laws. Responsibilities

- Submitting to the Ministry the long-term and annual plans for occupational safety, labour protection and occupational health;

- Studying and submitting to the Ministry proposals of laws, decrees and other legal documents concerning occupational safety, labour protection and occupational health;

- Instructing and examining the implementation of Government’s and Ministry’s regulations on occupational safety, labour protection and occupational health;

- Studying and submitting to the Ministry stipulations on labour protection, including personal protective equipment, compensation for occupational accidents and diseases, in-kind compensation, working regulations, work time, time for rest, standards to categorize workers with the breakdown by working conditions.

- Studying and submitting to the Ministry: • Processes and norms on occupational safety; list of jobs and occupations

which are hard, hazardous or dangerous and extremely hard, hazardous or dangerous; list of machinery, equipment, materials and substances which have strict requirements of occupational safety; regulations and instructions for registering and examining machinery, equipment, materials and substances that have strict requirements of occupational safety, as specified by the law.

• Coordinating with Ministry of Health in developing and promulgating list of occupational diseases.

- Submitting to the Ministry and conducting the National Programme on labour protection, occupational safety and health, the National Week for Occupational Safety and Health and Fire-Explosion Prevention

- Informing, propagating and instructing in training activities relating to OSH

- Instructing and examining activities of Centers of Industry Safety Registration relating to the safety of machinery, equipment, materials and substances with strict requirements of occupational safety

- Being in charge of international co-operation in this field

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- Conducting evaluation and review of tasks; carrying out periodical and special reports; conducting scientific research and training officers in OSH and labour protection

- Managing the staff, infrastructure, finance and properties as specified by regulations of the Government and Ministry

- Other duties assigned by the Ministry Organisational structure of the Bureau for Safe Work

- Division of Policies and Norms

- Division of Information and Propagation

- Center for OSH Training

- Division of Administration and Personnel

- Center for OSH training

(quoted from Decision No 1176/2004/QD-BLDTBXH)

• Funtions: Educating, training in occupational safety, labour protection, occupational health in line with legal regulations.

• Duties: + Setting up and submitting to the Director of the Department of

Occupational Safety the long-term and annual OSH training plans, and conducting the approved project plans;

+ Compiling and preparing the documents and content of the training programmes on occupational safety, labour protection and occupational health for general as well as specific training courses; studying and developing modern training methods on OSH;

+ Training and strengthening the trainers, lecturers of OSH for employers; training in new OSH knowledge on methods to improve working conditions, impact of hazardous factors, use of machinery, equipment and materials with strict requirements on OSH; teaching through warnings, visual aids; introducing OSH experiences of other countries;

+ Instructing, training in OSH for employers and employees; + Participating in evaluating the quality of OSH training and educational

activities; + Implementing international cooperation in the field of OSH education and

training.

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• Organizational structure of the center: + Division of Planning and General Affairs + Division of Occupational Safety Training + Division of Occupational Health Training.

3.1.1.2- Labour Inspectorate (quoted from Decision No 1118/2003/QD-BLDTBXH dated 10/9/2003)

• Functions The State labour inspectorate is in charge of inspecting the implementation of labour policies, occupational safety and health.

• Major duties - Conducting inspections on the compliance with regulations on labour,

occupational safety and health; - Conducting and instructing investigation; synthetizing and making reports

on occupational violations of labour and occupational hygiene standards, making statistics on occupational accidents;

- Participating in developing and guiding the application of standards, processes and norms on occupational safety and health;

- Handling complaints and denunciations related to labour in accordance with the laws;

- Tackling within its competency and proposing to competent bodies to tackle violations of labour laws.

• Organisational Structure: Labour Inspectorate includes 4 divisions: - Division of Public Reception and Denunciation Handling - Division of Inspection over Policies on Revolutionaries and Social Affairs - Division of Occupational Safety and Health Inspection - Division of Labour Inspection

3.1.1.3- Centre for Working Environment Research. see item 3.3.1 3.1.1.4- Centres for Industry Safety Registration

- Centre for Industry Safety Registration, zone I, - Centre for Industry Safety Registration, zone II, - Centre for Industry Safety Registration, zone III,

3.1.2- Role of OSH-related bodies (Quoted from Decree No 06/CP dated 20 January 1995 by the Government regulating some articles in Labour Code on occupational safety and health; Decree No 110/2002/ND-CP dated 27 December 2002 by the Government on amending and supplementing some articles of the Decree No 06/CP dated 20 January 1995 and some relevant documents) 3.1.2.1- The Ministry of Health

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is responsible for determining, publishing and uniformly administering legal documents, the system of standards on health for professions and work; for providing instruction on implementation of OSH and health care for workers in all branches and at all levels and for periodical and recruitment health checks; for organising medical examinations and treatment for occupational diseases; for carrying out international co-operation with foreign countries and international organisations in the occupational health field.

Figure 2: Preventive health care network for workers

Ministry of Health(Vietnam Administration of Preventive Medicine)

Division of occupational health, accidents, injuries

Occupational Medicine and Occupational Diseases)

riculture and Rural Development, Railway, rment and Textile, Aviation, Post and

Mi

evCent

P/OE

Central Institutes- National Institute for Occupational Health and Environmental Hygiene- Institute of Pasteur in Nha Trang (Division of

- HCM City Institute of Public Health (Division of Occupational Medicine and Occupational Diseases)- Central Highland Institute of Hygiene and Epidemics (Division of Occupational Medicine and Occupational Diseases)

Ministries/Sectors(Department of finance - labour, planning and policy)

Health Centres at Ministries/Branches Transportation, Construction, Industry, AgGa

reventive Medicine Centerccupational Health and

nvironmental Hygiene

Telecommunication I, II, Coal Corporation, Rubber Corporation, Petrol and Gas Corp.

Enterprises, farms, large-scale farmsSMEs, co-operativesedical centers

n communes

Pr entive Medicine er of district/wards

Department of Healthin 64 Provinces

Division of Occupational Medicine(Hanoi University of Medicine, Hochiminh University of Medicine, Medical Staff Management College)

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3.1. -is responsible for uniformly administering scientific and technical research and applicatiprotectivand Socialadministrahealth; 3.1.2.3- This responsthe curricu nal schools and schools for adm3.1.2.4- Oshall develop, guide and health sMinistry oand the M• Direct

of IndstipulaDirect

- D stry of Industry

prexexth

- D e has the following duties and

+ niques in industry to submit to

legal documents.

r supply and use.

2.2 The Ministry of Science and Technology

on in occupation safety and health; for developing standards of personal e equipment; and, in cooperation with the Ministry of Labour, Invalids

Affairs and the Ministry of Health, to develop, stipulate and uniformly te the systems of State technical standards of occupational safety and

e Ministry of Education and Training ible for steering the inclusion of occupational safety and health topics in la of universities, colleges, technical, vocatio

inistration; ther Ministries and ministerial agencies

apply a system of industrial occupational safety and tandards and norms, provided that there is agreement in writing from the

f Labour, Invalids and Social affairs for those on occupational safety inistry of Health for those on occupational health. orate of Industrial Safety Technique, Ministry of Industry: the Ministry ustry issued Decision No 114/2003/QD-BCN dated 4 July 2003 ting functions, duties, rights and organisational structure of the orate of Industrial Safety Technique.

irectorate of Industrial Safety Technique under the Miniassists the Minister of Industry in guiding, inspecting and implementing industrial safety techniques, including registration, safety verification of

essure equipment, lifting equipment, electricity safety, mining and oil ploration safety (except equipment and devices for marine oil and gas ploration), chemical and industrial explosive safety in accordance with e laws.

irectorate of Industrial Safety Techniqurights:

Developing or participating in developing legal documents; mechanisms and policies on safety techthe Minister of Industry for approval or further submitting to competent agencies to issue, and instructing and inspecting the implementation; developing and submitting to the Minister to issue regulations on checking industrial safety techniques and on instructing and checking compliance with the issued

+ Inspecting the implementation of standards and norms on industrial safety techniques; settling disputes in powe

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+ Carrying out registration, verification and issuance of certificates of industrial safety technique for machinery, equipment, materials and

ing nstalling,

y checking

epartments to evaluate r the granting of

specting, monitoring safety techniques in production,

l point for managing radiation safety, fire prevention and

the Ministry. Organisational structure of the Directorate of Industrial Safety Technique:

- Administration Office - Division of Personnel, Training and International Cooperation - Division of Electric Safety Technique, - Division of Electricity Supervision, - Division of Mine and Oil-Gas Safety Technique, - Division of Mechanical and Pressure Safety Technique,

substances with strict OSH requirements according to the list issued by the MOLISA, for machinery, equipment, materials and substances with typical safety requirements according to a list issued by the Ministry of Industry; appraising and submitting to the Minister for recogniseligible units in terms of safety technique for manufacturing, irepairing pressure equipment, lifting equipment and regularlgas and liquified vessels of units in the industry sector.

+ Presiding over and collaborating with relevant Dprofiles and to submit to the Ministry of Industry fobusiness and use license for industrial explosive materials in accordance with the laws; inmaintenance, transport and use of industrial explosive materials; being focaextinguishment in the industry sector.

+ Appraising or participating in appraising safety technique solutions in investments, technical design and design of infrastructure constructions

y units under the Ministry. conducted b

+ Presiding over or collaborating with relevant State administrative agencies to investigate and find out causes of breakdowns and occupational accidents related to safety technique in the industry sector and suggesting solutions.

+ Providing training and guidance on profession of industrial safety technique for units in the industry sector.

+ Providing refresher training in electricity checks.

+ Undertaking international cooperation in the field of industrial safety in accordance with the laws.

+ Administering personnel and assets as regulated by the laws and assigned by

•

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- Division of Chemical, Industrial Explosive and Consumer’s Industrial Safety Technique.

.1.2.5- People's Committees of provinces and cities under the Central overnment all carry out the State administration of occupational safety and health within eir respective localities, set targets to ensure occupational safety and health is cluded in the improvement of working conditions, in the plan for economic, cial development and in the budget plan of respective localities.

.1.2.6- Trade unions he Vietnam General Confederation of Labour shall participate in drawing up a ational Program on labour protection, occupational safety and health, and in

development of scientific research programs and legislation, policies and regulations on labour protection and occupational safety and heath. The Trade Union, in collaboration with respective offices of labour, invalids and social affairs, and of health, takes part in the control and supervision of the State administration and the implementation of laws and regulations on occupational safety and health, and participates in the investigation of occupational accidents. The Trade Union at local levels is responsible for educating and mobilising the workers to strictly observe regulations and rules on occupational safety and health; for organising workers' movement for ensuring occupational safety and health in undertakings; for setting up and maintaining a network of workers' safety and health collaborators.

3Gshthinso3TN

55

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3.2- An overview of organisational structure and personnel related to OSH at provincial and district levels

3.2.1- Provincial level: labour inspectorate under departments of labour, invalids and social affairs is in charge of State administration over OSH.

(quoted from Joint Circular No 09/2004/TTLT-BLDTBXH-BNV dated 9/6/2004 guiding functions, duties, responsibilities and organisation of professional bodies assisting the People’s Committee in labour, invalids and social affairs at local level)

• Duties and rights relating to OSH include:

- Submitting to the provincial People’s Committee the plan for the National Program on occupational safety, labour protection and occupational health in its area and being responsible for the implementation of the plan after approval;

- Guiding and inspecting the observance with OSH regulations and labour protection in collaboration with relevant agencies;

- Registering the use of machinery, equipment, materials and substances in the locality according to strict OSH requirements in accordance with laws;

- Presiding over, conducting investigations into serious occupational accidents in the locality in collaboration with relevant agencies; guiding organisations and individual employers to investigate, notify, deal with and make statistics on occupational accidents, compiling reports on occupational accidents to the provincial People’s Committee and the MOLISA.

• Personnel: see 4.2

3.2.2 – District level: Each district in each locality has a labour division which is responsible for administration of labour within its area, including OSH issues. In major cities, such as Ho Chi Minh City, the district labour division is also in charge of investigating occupational accidents.

Each division consists of 2-4 officers.

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3.3- List and capability of major OSH institutes and laboratories; organisations monitoring OSH and working environment

3.3.1- Research Center for Working Environment under the Institute of Labour Science and Social Affairs, MOLISA

• Studying and making proposals on labour standards systems in line with the national laws, meeting the socio-economic development of the country in the given periods of the integration process to reach regional and international labour standards. Labour standards in the technical fields include: - Standards on occupational safety and health; - Standards on labour protection and working conditions; - Standards on recruitment, employment and regulations on working time

and rest time; - Corporate responsibility for employees in particular and for the

community in general.

• Studying issues of occupational safety and health: - Studying assessment method of factors and making general assessments on

impact of environment and working conditions on health and working capacity of the workers in business and production establishments and on the surrounding climate;

- Studying measures for elimination or restriction of sources of generation and spreading of adverse elements in the environment and working conditions;

- Studying measures for prevention and restriction of the adverse impact of potential environmental factors and working conditions in order to ensure the health and working capacity of workers and the surrounding environment;

- Studying and proposing updated list and classification of jobs with the breakdown of hazard level and introducing measures for working statute, occupational and working seniority;

- Studying measures for prevention and treatment for the workers adversely affected by the environment and working conditions (occupational accidents and diseases, working capacity decline, allowances for hard and hazardous work...);

- Studying the relationship between economic and environmental issues in sustainable development.

• Studying the scientific basis for making policy and accomplishing State administration mechanism over the environment and working conditions: - Regulations on management over occupational safety and health, limit

standards and permissible pollution levels;

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- Processes and norms on occupational safety and health in the use of technologies, equipment – machinery, materials, fuels and waste;

- Requirements for protective equipment for the workers; - Uniformly managing clarification, investigation and statistics on occupational

accidents and diseases, developing the information system for occupational safety and health and environmental protection.

3.3.2- National Institute for Occupational Health and Environmental Hygiene National Institute for Occupational Health and Environmental Hygiene has five specialized divisions: Faculty of workers' psycho-physiology and ergonomics, Faculty of occupational health, Faculty of occupational diseases, Faculty of environmental hygiene; Faculty of school health. Functions and duties: - Conducting research on workers' psycho-physiology, ergonomics, working

environment, occupational hygiene and diseases, environmental hygiene. - Studying constants of occupational physiology, methods and standards for

occupational disease diagnosis, methods of health check upon recruitment and periodic health checks.

- Participating in appraising construction designs and new technical processes or expanding and upgrading enterprises in terms of occupational hygiene.

- Taking part in training and information activities in the field of occupational and environmental hygiene.

- Providing guidance and help, providing technical support and experts on occupational and environmental hygiene.

- Compiling training and information materials and disseminating occupational and environmental hygiene knowledge.

3.3.3- Faculty of Occupational Health – Pasteur Institute of Nha Trang

This is one of the faculties under the Pasteur Institute of Nha Trang. This faculty conducts scientific research on elements of the work environment and occupational diseases of workers exposed to hazardous elements at work, psycho-physiological changes in the workers’ health from the impact of work conditions and on scientific work organization at a lower degree level than the Institute of Occupational and Environmental Health; and provides technical guidance and steering in terms of occupational medicine to 11 provinces in the Central region and Central Highlands.

3.3.4- Faculty of Occupational Health under Central Highland Institute of Hygiene and Epidemics

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Its function is to conduct research on occupational health and steer five regional provinces to supervise the work environment and health care for workers in the region. 3.3.5-Faculty of Occupational Health and Occupational Diseases – Ho Chi Minh Institute of Public Hygiene and Health Functions to do research on occupational health and steer southern provinces to supervise working environment and health care for workers in the region. 3.3.6-Faculty of Occupational Health and Occupational Diseases under Hanoi Medical University, Ho Chi Minh Medical and Pharmaceutical University, University of Public Health, Faculty of Public Health under Medical Universities in Thai Nguyen, Hai Phong, Thai Binh and Hue, Faculty of Medicine under Tay Nguyen (Central Highland) University, and Can Tho Medical and Pharmaceutical University Organize training programs and research on occupational health for students, postgraduates, preventive medicine officers at various levels. 3.3.7-Faculty of Military occupational health and occupational diseases under the Military Institute of Epidemic Prevention and Hygiene Assess factors affecting work conditions, study occupational psycho-physiology; ergonomics; health checks and checks for occupational diseases. 3.3.8- Faculty of Hygiene under the The Southern Centre for Preventive Medicine, Ministry of Defense Assess work environment factors; study occupational psycho-physiology; ergonomics; health checks, checks for occupational diseases. 3.3.9-Construction Healthcare Center, Ministry of Construction and hospitals, rehabilitation centres under the Ministry of Construction Conduct activities related to occupational medicine and environmental hygiene; provide health checks, treatment and rehabilitation for workers in the construction industry. 3.3.10- Center for Occupational Medicine and hospitals, rehabilitation centres under MARD Carry out activities of occupational medicine, environmental hygiene, provide health checks, checks and treatment for occupational diseases and rehabilitation services for workers in agriculture industry. 3.3.11-Centres for Occupational Health and Environment in the coal, post, rubber, aviation, railway, garment and textile industries. 3.3.12-Centres for Occupational Health and Environment in provinces/cities Established according to the Decision no. 2689/2004/QD-BYT dated 10th August, 2004 by Ministry of Health on the issuance of the regulation on the functions, duties and organizational structure of the Centers for Occupational Health and Environment under direct management of the Department of Health in provinces/cities.

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Centers for Occupational Health and Environment under Department of Health are the Medical functional units responsible for the provision of consultation and management of occupational health, workers’ health, occupational diseases in industrial zones, processing zones, production and trading units or services for different economic sectors and of enterprises in the localities. The Centers for Occupational Health and Environment have been established in Vinh Phuc, Dong Nai, Binh Duong provinces and in Ho Chi Minh city and Can Tho city. 3.3.13- Center for Industrial Health and Working Environment and hospitals, rehabilitation centres in the industrial sector Functions, Duties: - Administering health professions in the industry sector, technically steering

hospitals, rehabilitation centres, occupational disease treatment centres, health clinics at units under the Ministry of Industry.

- Carrying out checks of occupational health and the work environment at the Ministry’s units where there are a number of hazardous elements, recommending solutions to improving work conditions, preventing occupational diseases and providing primary health care for staff in the industry sector.

- Providing health checks for occupational diseases, rehabilitation services and occupational disease treatment for staff in the industry sector.

- Collaborating with State agencies to carry out verification of toxicity and level of environmental pollution, work intensity, dust, noise... to identify the list of hazardous jobs that should be insured and to propose regulations on salary and allowances to the State.

- Participating in programmes and projects relating to medical care, primary health care, population and family planning, and prevention of malaria, bronchocele and AIDS in the industrial sector.

3.3.14- Central Centers for Veterinary Hygiene Examination I (in the North) and II (in the South) These centres, which are under the Department of Animal Health, MARD, have veterinary laboratories related to OSH, such as: - Testing to define antibiotic residues, heavy metals, agro-chemicals, and

mushroom toxicity in animal products. - Testing for types of microorganisms in the environment and animal products - Testing and monitoring veterinary hygiene at breeding farms, abattoirs and

animal production establishments. These professional fields are related to the analysis of toxic substances in order to determine workers’ exposure to hazards in the work environment. 3.3.15-Centre for Occupational Health under the Ministry of Transport and hospitals, rehabilitation centres in the transport industry

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3.3.16- National Institute of Labour Protection Organisational structure: The Institute has headquarters in Hanoi, one sub-institute in Ho Chi Minh City and one in Da Nang, five centres and some divisions. Functions, duties: - Conducting scientific and technological research on occupational safety and

health assigned by the State: + Conducting research on scientific and technological development and

application of OSH. + Developing and assessing OSH criteria, environmental impact and work

conditions of the workers; compiling OSH standards. - Conducting tasks assigned by Vietnam General Confederation of Labour:

+ Assisting Vietnam General Confederation of Labour to collaborate with competent State agencies in developing regulations and policies and legal documents on OSH.

+ Studying and applying methods of organization, administration, guidance and inspection of labour protection in the trade union system.

- Providing information, consultancy, propagation, training and refresher training in OHS to managers, employers and employees; taking part with training institutions in training officers on OSH under the laws.

- Providing services and implementing international cooperation in the fields of science and technology of labour and environmental protection in line with legal regulations.

3.3.17- Centers for Industry Safety Registration Centers for Industry Safety Registration are in the branch of labour, invalids and social affairs. - Center for Industry Safety Registration - zone I, under the Ministry of Labour,

Invalids and Social Affairs, located in Hanoi - Center for Industry Safety Registration - zone II, under the Ministry of

Labour, Invalids and Social Affairs, located in Ho Chi Minh City - Center for Industry Safety Registration - zone III, under the Ministry of

Labour, Invalids and Social Affairs, located in Da Nang - Ho Chi Minh City Center for Industry Safety Registration, under the Ho Chi

Minh City's Department of Labour, Invalids and Social Affairs, - Hanoi Center for Industry Safety Registration, under the Hanoi's Department

of Labour, Invalids and Social Affairs, - Center for Industry Safety Registration I under the Ministry of Industry - Center for Industry Safety Registration II under the Ministry of Industry - Center for Industry Safety Registration under the Ministry of Defense - Center for Industry Safety Registration under the Ministry of Agriculture and

Rural Development - Center for Construction Industry Safety Registration under the Ministry of

Construction

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These centers conduct verification of safety techniques and provide consulting services in safety techniques for users of machinery and equipment to which strict OSH requirements apply. 3.3.18-Division of Plant Protection Inspection, Division of Agro-chemicals, Division of Plant Quarantine, Northern Center for Agro-chemical Quarantine, and Southern Center for Agro-chemical Quarantine under Department of Plant Protection, MARD, are in charge of controlling agricultural chemicals. 3.3.19-Centre for Environmental Treatment Technology under Chemistry Arm, Ministry of Defense Functions, duties: - Studying, testing and implementing the application of new technologies,

techniques, methods in the fields of observing and analyzing the environment, surveying, assessing the actual status and compiling reports on environmental impact; overcoming the consequences of war agents and radioactive poisoning; collecting, transporting and treating hazardous waste and protecting the ecological environment.

- Piloting the production of materials and equipment for environmental pollution treatment.

- Providing scientific and technological services: consultancy, design of environmental pollution treatment technology; technology transfering and training for professional officers in these fields.

3.4- List of OSH information institutions 3.4.1- Division of Information and Propaganda under the Bureau for Safe Work is in charge of assisting the Director-General of the bureau in developing, administering and implementing activities of information, publicity and guidance for training in OSH.

Is a member of ASEAN OSH Network, Is a member of CIS Network

* Duties: - Developing long term and annual programs and plans on information,

publicity and training in OSH to submit to the Director-General; - Providing guidance, implementing and periodically assessing the results of

information, publicity and training activities in OSH; - Providing guidance and implementing the annual task of remuneration and

competition of labour protection. - Collaborating with ministries, branches, localities, societies, media agencies

and other relevant bodies to carry out activities of information, publicity and training in OSH;

- Organising annual national weeks for OSH and fire-explosion prevention; - Cooperating with relevant organizations to implement and manage the

national information network of OSH;

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- Setting up, developing and updating the OSH database and the bureau’s website on OSH;

- Managing and collaborating with relevant bodies to compile and publish OSH newsletters in English and Vietnamese languages.

- Managing and publishing materials, posters and flyers for better OSH publicity and information activities.

- Developing training textbooks; providing guidance and organizing training courses in OSH.

- Participating in and carrying out international cooperation activities within the field and responsibilities

- Applying information technology for management: the bureau’s website at www.dosmolisa.gov.vn includes 9 sections: news; Q/A; legal documents; cooperative activities; OSH materials; overview of occupational accidents; national weeks for OSH and fire-explosion prevention; studies; list of members of national OSH information network. Currently, all divisions under the Bureau have access to the internet to explore information and data for their OSH administration activities.

3.4.2-Magazine "Preventive Medicine" 3.4.3-Newspaper “Health and Life” 3.4.4-Magazine “Practical Medicine” 3.4.5-Website of the Ministry:

- www.moh.gov.vn/ytdp - www.moh.gov.tainanthuongtich.html

3.4.6-Magazine on Occupational Health and Occupational Diseases issued quarterly by the National Institute for Occupational and Environmental Health with articles and research results related to OSH. 3.4.7- Centre for Health Media and Education under the Ministry of Health and Departments of Health has the function and duties of propagating issues related to health care and protection including safety, hygiene and health care for workers. 3.4.8- Ministry of Agriculture and Rural Development

- Magazine “Plant Protection”; - Website of the Department of Plant Protection, MARD, at http://

w.w.w.ppd.gov.vn 3.4.9- Vietnam General Confederation of Labour: Magazine “Labour Protection" 3.4.10- Center for Scientific Information, Propaganda and Training in labour protection under the National Institute of Labour Protection 3.4.11- Center for Propaganda and Steering under the Military Institute of Epidemic Prevention and Hygiene 3.4.12- Department of Military Health, Logistics General Department, Ministry of Defense

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3.5- Other organisations and services 3.5.1- Vietnam Occupational Safety and Health Association (VOSHA) Function and duties: - To exchange information and professional knowledge; to organize training activities to upgrade professional skills for staff and experts in the field of OSH; to conduct promotion and education to raise OSH awareness and understanding among employers and employees. - To participate in advising and consulting with the Government on approaches, policies, plans and solutions to problems related to OSH. - To participate in activities for science and technology development, implementation of projects, scientific subjects on OSH; to provide OSH services to production, employees and employers. - To cooperate closely with governmental agencies, social organizations and other agencies related to OSH activities. Currently, VOSHA has 11 affiliates and provincial-level associations. 3.5.2- Vietnam Association of Occupational Medicine 3.5.3- Association of Thermal Technique 3.5.4- Centre for Industrial Safety Technique Support, Ministry of Industry

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4. OSH INSPECTION 4.1- Scope and objectives of OSH inspection Under article 185 and 187 of Labour Code, the function of State Labour Inspection (MOLISA is the State administration on labour for all provinces) is to carry out inspection on labour policies, occupational safety, occupational hygiene in places under assigned scope and objectives at any time without prior notification. Item 3, Article 191 of Labour Code (revised and supplemented in 2002), inspection on occupational safety and heath in sectors such as radiation, oil exploration and exploitation, rail, sea, land and air transport, and armed force units is implemented by management bodies of these sectors in collaboration with State Labour Inspection. The number of inspectors in charge of OSH inspections

Table of survey results on labour inspectors capacity nationwide in 2004

Quantity of Labour Inspectors N0

Content Department Ministry Nation %

Total: 274 30 304 100

2 Gender

2.1 Male 232 26 258 84.9

2.1 Female 42 4 46 15.1

3 Age

3.1 Above 50 years old (prior to 1954) 46 8 54 17.8

3.2 From 35 to 50 years old (1955-1969) 111 14 125 41.1

3.3 Under 35 years old (1970 to 1982) 117 8 125 41.1

4 Working years in the sector

4.1 Above 20 years (prior to 1984) 34 8 42 13.8

4.2 From 10 to 20 years (1985-1994) 65 2 67 22.0

4.3 From 3 to 10 years (1995-2001) 114 13 127 41.8

4.4 Under 3 years (2002-2004) 61 7 68 22.4

5 Qualification

5.1 Ph.D 0 1 1 0.3

5.2 Master 5 2 7 2.3

5.3 University 230 27 257 84.5

5.4 College 31 0 31 10.2

5.5 High school 8 0 8 2.6

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Quantity of Labour Inspectors N0

Content Department Ministry Nation %

6 Specialised profession

6.1 Technology 95 11 106 34.9

8 Departments have no technical officers

6.2 Doctor 0 2 2 0.7

6.3 Law, economic and Social Labour 158 17 175 57.6

6.4 Others 21 0 21 6.9

7 Attending courses on improving

inspection

7.1 Learnt 204 25 229 75.3

7.2 Haven’t learnt 70 5 75 24.7

8 Foreign language

8.1 A level (basic) 70 2 72 23.7

8.2 B level (Intermediate) 95 10 105 34.5

8.3 C level (Advanced - Proficient) 48 18 66 21.7

8.4 No information 61 61 20.1

9 Information technology

9.1 Office 205 26 231 76.0

9.2 Computer Planning 2 1 3 1.0

9.3 Advanced 8 3 11 3.6

9.4 No information 59 59 19.4

10 Politic theory

10.1 Primary 146 5 151 49.7

10.2 Secondary 86 18 104 34.2

10.3 Advance 42 7 49 16.1 (Source: Figure on labour inspection resource of Inspection of MOLISA 10/2004)

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4.3- Skills and functions of occupational safety and health inspection For the time being, with one inspector-one place policy, each labour inspector needs to have comprehensive skills to carry out inspection on labour policy, occupational safety and health and to settle complaints from citizens. The Project on “Safework and Integrated Labour Inspection” funded by the Government of Germany and executed by the International Labour Organization developed and provided a training model for labour inspection through the compilation of modules of training materials. Some training courses were conducted in order to equip inspectors with comprehensive skills on labour policy inspection, occupational safety and health, communication skills, problem-solving skills and inspection skills. 4.4- The number of OSH inspections conducted in the past 5 years nationwide

Table 1: The number of OSH inspections 2000-2004 Year Occupational

hygiene inspection

Occupational safety inspection

OSH inspection Total

2000 4,800 77 - 4,877 2002 1,750 230 - 1,980 2003 - - 119 119 2004 - - 140 140 Total 6,550 307 259 7,116

(Source: Report on inspection results of Ministry of Health and Report on

inspection performance of MOLISA) - Prior to 2002, safety inspections and health inspections were conducted

independently. - Of particular note, the figures on the number of inspections in 2001 are not

available. - Statistics on the number of inspections in specialised sectors are not available 4.5- Types of inspection 4.5.1. Planned inspection: Most of the current labour inspections are conducted according to plan and are part of an annual inspection activity programme. These inspections are in labour policy and occupational safety and health. 4.5.2- Unplanned/unscheduled inspections will be conducted in cases where there are complaint letters about violation of the labour law. 4.6- OSH Training for inspectors The Inspectorate organises annual training courses for local labour inspectors. The organisation of OSH training courses for employers and employees is mainly carried out by the panel of local inspectors. These local labour inspectors also conduct the training.

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4.7- Preventive inspection policy With renewe understanding on labour inspection, inspectors should be considered as a useful tool in helping enterprises solve their problems. Nowadays, labour inspection in Viet Nam has been reformed and tends toward consulting and instructing enterprises on their findings and solutions, with the support of inspectors if necessary. Enforcement and punishment are considered the last resort. 4.8- Collaboration with ministries, industries in OSH inspection Every year, OSH inspectors in collaboration with the related industry ministries, such as Ministry of Defense, Ministry of Industry, Vietnam General Confederation of Labours… conduct inspection visits. In the first stage of the integration process, inspectors in some cities such as Hanoi, Ho Chi Minh and Hai Phong… collaborate with relevant staff from the health care sector to conduct OSH inspection visits. 4.9- Contents of inspection and working tools used in conducting OSH inspection 4.9.1- Contents of inspection - Inspection on the implementation of safety procedures and standards applied to

machinery, equipment and materials; workshops on the production process in which special attention is paid to machinery and chemicals which are strictly regulated in regard to OSH, such as boilers, pressing equipment, lifting equipment, explosive agents and agro-chemicals

- Inspection on the implementation of health standards: noise, vibration, lighting, temperature.

- Setting up and implementation of the labour protection plan. - Self-checking of OSH by the unit. - OSH training - Implementation of the OSH regulations regarding objects which are strictly

regulated in terms of OSH ( production, usage, maintenance) - Implementation of labour protection mechanism: allowance for exposure to

toxic work environment by materials, provision of personal protective equipment, working hours, break times...

- Reporting on occupational accidents and diseases - Related documents 4.9.2- Inspection tools - Self-check sheet of the enterprise; - Checklist at enterprises; - Interviews; - Site visits to the work places, comments for elimination of the problems at the

site and through the inspection minute sheet relating to safety and labour protection

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4.10 - Difficulties and challenges in OSH - At present, the number of labour inspectors is very limited and does not meet the

demand of the rapid increase in the number of new enterprises. There are only 304 labour inspectors in the whole country while 160,000 enterprises exist and 2,600 household business are in operation.

- Levels of labour inspectors at present do not meet the demands of the task assigned especially professional knowledge on the inspection of occupational health. Of 304 labour inspectors, there are only 02 doctors with occupational medicine qualifications. It can be seen that labour inspectors, at present carrying out 3 sectors, are facing challenges.

- Budget and equipment for inspection is still limited.

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5. COLLABORATION AND COOPERATION MECHANISMS AMONG GOVERNMENT BODIES, REPRESENTATIVE ORGANISATIONS OF EMPLOYERS AND WORKERS 5.1- Collaboration mechanisms among ministries, branches at the national and local levels for the National Council for Labour Protection and national program on labour protection 5.1.1- Development of national program on labour protection, occupational safety and health Item 2, Article 95 of the Labour Code specifies that: - Ministry of Labour, Invalids and Social Affairs and Ministry of Health in

collaboration with relevant ministries and branches develops the national program on labour protection and OSH and submits it to the government for approval and inclusion in the socio-economic development plan.

- Annually, based on the national program on labour protection and OSH, the MOLISA, in collaboration with the Ministry of Planning and Investment and the Ministry of Finance, prepares the estimate of investments for this program for inclusion in the State budget plan.

5.1.2- National Labour Protection Council The Council was established by the Prime Minister according to the Decision No 40/2005/ QĐ-Ttg dated 28 February, 2005 including 15 members who are leaders of ministries and branches most relevant to OSH and fire-explosion prevention activities; Minister of MOLISA is Chairperson, representative from the Presidium of Vietnam General Confederation of Labour is the Council’s Vice Chairperson, representatives from Cooperative Alliance, Vietnam Farmers’ Association, Vietnam Chamber of Commerce and Industry and OSH Scientific and Technical Council are its members. This structure reflects the collaboration and cooperation among Government bodies and representative organizations of employers and workers. The National Labour Protection Council is responsible for assisting the Prime Minister in the following fields: - Defining directions, mechanisms and policies related to labour protection. - Creating measures to steer and operate the implementation of guidelines,

policies and national program on labour protection. - Being the focal point for collaboration among ministries, industries and unions

in the field of labour protection in order to ensure occupational safety and health and improved working conditions.

5.1.3- Development of OSH legal documents Prior to issuance, all legal documents should be sent to relevant ministries, branches, organisations, agencies and localities for consultation (the number of localities depends on the contents of the documents). Subsequently, some meetings/workshops may be held to discuss and finalize opinions and complete the documents before submission to competent levels for approval.

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Legal documents are signed by the competent levels only after having been consulted by relevant ministries, branches, organisations, agencies and localities. Contradictory opinions should be explained. 5.1.4-Organisation of National Week for OSH and Fire-Explosion Prevention: with the collaboration of ministries, branches, agencies, organisations and 64 localities nationwide - Members of the Steering Committee of National Week for OSH and Fire-

explosion prevention include leaders from State administration agencies of OSH and representatives of employers and employees and from some relevant agencies, such as: ▪ MOLISA ▪ Ministry of Health ▪ Ministry of Public Security ▪ Vietnam General Confederation of Labour ▪ Vietnam Chamber of Commerce and Industry ▪ Vietnam Cooperative Alliance ▪ Vietnam Farmers’ Association ▪ Ministry of Culture and Information ▪ Ministry of Industry ▪ Ministry of Construction ▪ Ministry of Agriculture and Rural Development ▪ Ministry of Planning and Investment ▪ Ministry of Finance ▪ Vietnam Television ▪ Localities chosen for the launching ceremony of the national week for OSH

and fire-explosion prevention and activities - Issues under discussion by the Steering Committee of the national week during

their meetings ▪ Main activities and preparations for the National Week for OSH and Fire-

explosion of ministries, industries and localities. ▪ Venue and time of the launching ceremony of the National Week, and the

exhibition. ▪ Agreement on the program of the launching ceremony of the National

Week. ▪ Preparation for information and publicity activities of the National Week ▪ Tasks to be done in the forthcoming time.

5.1.5- National OSH Information Network The National OSH Information Network was established in December, 1997 with 187 participants from representative agencies of the government, employers and enterprises, and agencies and organizations of trade unions. The network aims to collaborate actions, exchange experience and share the existing information sources among relevant OSH agencies.

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Meeting frequency: - Meeting of focal points: twice per year - Meeting of network members: once per year

5.2- Cooperation mechanism of representative organizations of workers and employers at the national, local and enterprise levels 5.2.1- National level On March 9th, 2004, VGCL and VCCI signed the Memorandum of Understanding of the Cooperation Programme between the two sides. In 2004, VGCL and VCCI cooperated to set up the National Tripartite Committee:

- In accordance with the Memorandum of Understanding for the Cooperational Programme, the parties actively set up programmes and work plans and regularly take part in workshops and conferences on tripartite mechanism, social responsibilities and decent work for the workers, to share experiences in an effort to strengthen the cooperative relationship between the two parties in solving labour problems.

- The two parties have exchanged and closely collaborated to prepare and take part in international activities (at meeting sessions of the International Labour Conferences in Geneva) and actively work together as a national team in Vietnam with the ILO Hanoi Office.

VGCL and Vietnam Cooperative Alliance signed a cooperative program on 16 November 2004 on "bringing into play the role of trade union in building up and developing cooperative economy in 2005-2010”, specifically in item II.5 "collaborate to formulate and develop programs and projects related to cooperative economy including: research and application of science and techniques of labour protection, formulation of standards and norms on occupational safety for cooperatives, environmental protection in rural areas, labour protection and occupational accidents, vocational training…” in item II.6 "collaborate in the tripartite relations with the International Labour Organisation” 5.2.2-Provincial and industrial level The Provincial confederation of labour and industrial trade unions in collaboration with employers hold training courses and inter-industrial inspections on the implementation of laws, policies and regulations on labour in general and on OSH in particular. 5.2.3-Grassroots level Trade unions shall sign collective agreements with employers on behalf of employees; involved in checking and supervising the implementation of OSH, in investigation of occupational accidents, and organization and management of OSH collaborators network

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6. OSH TRAINING AND EDUCATION DURING 2000 – 2004: 6.1- OSH training programs and the number of training courses for civil servants 6.1.1- The MOLISA

Table 3: Training for civil servants, conducted by the MOLISA

Year Program No of Courses Attendants

1999 - Regulations, policies, standards, norms and profession of inspection - Regulations, policies and profession of labour protection management

- 1

- 2

- Inspectors - Civil servants

2000 - Regulations, policies, standards, norms and profession of inspection - OSH information - OSH trainers

- 1

- 5 - 4

- Inspectors - Inspectors and civil servants - Civil servants

2001 - Regulations, policies, standards, norms and profession of inspection - OSH trainers

- 2 - 4

- Inspectors - Civil servants

2002 Training to improve OSH inspection skills

2 - Inspectors - Civil servants

2003 Training to improve OSH inspection skills

2 - Inspectors - Civil servants

2004 - Training in OSH profession for communal officers - Training to improve OSH inspection skills - Training for OSH inspectors

- 2 -2 1

- Communal officers -Trainers for OSH inspectors (inspectors, civil servants...) - Inspectors

(Source: Ministry of Labour – Invalids and Social Affairs) 6.1.2- The Ministry of Health 6.1.2.1- Training institutions under Ministry of Health, Universities and Institutes under the Preventive medicine network For professional training on occupational health, environment supervision and occupational diseases, the Institutes under the Preventive Medicine network (National Institute of Occupational Health and Environmental Hygiene, Nha Trang Pasteur Institute, Tay Nguyen Highland Institute of Hygiene and Epidemics and Ho Chi Minh Institute of Public Health and Hygiene) and universities under Ministry of Health (Medical Universities in Ha Noi, Thai Nguyen, Thai Binh, Hai Phong, Hue, Medical Faculty under Tay Nguyen Medical University, Hochiminh Medical and Pharmaceutical University and Can Tho Medical University) conduct training courses for medical staff annually.

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6.1.2.2- Training courses Table 4: Training and education in silicosis prevention

Health officers Managers Workers Total Duration No of

courses No of

attendants No of

coursesNo of

attendants No of

coursesNo of

attendants No of

courses No of

attendants 1999 3 70 2 60 3 150 8 280 2000 2 40 5 150 5 250 12 440 2001 8 220 10 500 8 800 26 1520 2002 10 350 10 350 2003 5 250 9 450 14 700 Total 28 930 26 1160 16 1,200 70 3,290

Table 5: Training and education in OSH

In localities, branches Duration No of courses No of establishments No of attendants 2000 292 25,425 2001 815 4,587 56,000 2002 631 3,738 64,970 2003 1447 6,491 130,579 2004 782 4,980 45,069 Total 3,967 15,314 322,043

6.1.3- Ministry of Agriculture and Rural Development Table 6: Training in OSH

Year No of trainees Type of training 1999 131,000 Full-time 2001 130,000 Full-time

2002 56,033

(due to the separation of the Trade Union from the Ruber cooperation)

Full-time

2003 59,140 Full-time 2004 37,900 (due to enterprise reform) Full-time Total 945,073

In addition, in the past, the plant protection agencies have also implemented and cooperated with local organizations and authorities to disseminate the Ordinance on plant protection and quarantine. The Decree issued by the Prime Minister guiding the implementation of the Ordinance and other relevant documents issued by the Ministry of Agriculture and Rural Development and by other agencies to officers, civil servants in the branch from the central to local levels. The Department of Plant Protection has cooperated with provincial People’s Committees to implement the Ordinance in major provinces such as Bac Giang, Lao Cai, Thai Binh, Quang Binh, Gia Lai, Kon Tum, Quang Nam, Thua Thien Hue, Dong Thap, An Giang, Dong Nai, Ca Mau, Ho Chi Minh City… in provincial and municipal major agencies such as Office of Provincial People’s Committee, Market Monitoring Sub-Department, Police Station, Quality Control Sub-Department and leaders of districts and major branches in the districts.

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Table 7: Training in safe and effective use of pesticides Beneficiaries

of dissemination

1999 (No of

beneficiaries)

2000 (No of

beneficiaries)

2001 (No of

beneficiaries)

2002 (No of

beneficiaries)

2003 (No of

beneficiaries) Central officers 76 125 172 124 241

Local officers 295 345 389 491 533 Pesticide traders 8,073 5,180 6,988 9,391 9,782

Table 8: Training for inspectors, 1st and 2nd level - pesticide trading agents nationwide in 2003-2004

Beneficiaries No of courses No of attendants Note

Inspectors, 1st and 2nd level - pesticide trading agents 31 1,377

Training courses for trainers "Guiding farmers to use agro-chemcials safely and effectively "

2 130 In Ho Chi

Minh City and Hanoi

(Source: Ministry of Agriculture and Rural Development)

6.1.4- The Ministry of National Defense Table 9: Training to staff and offices conducted by Ministry of National Defense Year Training content Number of

training courses Number of

participants Targeted group

2000 OSH Legislation 1 150 Managers at central level 2001 OSH Legislation 1 150 Managers at central level 2002 OSH Legislation 1 150 Managers at central level 2003 OSH Legislation 1 150 Managers at central level 2004 OSH Legislation 1 150 Managers at central level Total 5 750

(Source: Ministry of National Defense)

6.2- Training programmes and the number of OSH training courses for employers 6.2.1- Ministry of Labour, Invalids and Social Affairs

Table 10: Training courses for employers, conducted by the MOLISA Year Program No of

courses Beneficiaries

2001 Work Improvement in Small Enterprises (WISE);

2

Employers

2002 WISE 5 Employers 2003 - WISE

- OSH Management System 6 14

- Employers - Employers

2004 - Training in work improvement in small construction sites and handicraft villages - Training in OSH held by the OSH Training Centre

4 5

- Employers, heads of households - Employers, enterprise managers

Note: OSH training courses held by Departments of Labour, Invalids and Social Affairs and centers for Industry Safety Registration are not included

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6.2.2- The Ministry of Health Table 11: Training and education in silicosis prevention

Managers Year No of courses No of attendants

1999 2 60 2000 5 150 2001 10 500 2002 2003 9 450 Total 26 1,160

6.2.3- The Ministry of Industry - Disseminate legal regulations on OSH - Specialized training in mining safety, electricity safety, construction safety

and safety for industrial devices which have strict OSH requirements, such as lifting, pressure and mechanic devices, and industrial explosives.

- The total number of trained people in 3 years between 2001-2003: 15,000 6.3- Training programs and number of OSH training courses for employees 6.3.1- The MOLISA

Table 12: Training for employees Year Program No of courses Beneficiaries

2001 Improving working conditions in agriculture

4 Farmers

2002 OSH in agriculture 3 Farmers 2003 OSH in agriculture 8 Farmers 2004 OSH in agriculture 9 - OSH trainers in

agriculture (1 courses) - Farmers (8 courses)

Notes: OSH training held by Departments of Labour, Invalids and Social Affairs and centers for Industry Safety Registration are not included in statistics. 6.3.2- The Ministry of Health

Table 13: Training and education in silicosis prevention Year No of courses No of attendants 1999 3 150 2000 5 250 2001 8 800 2002 2003 Total 16 1200

6.3.3- The Ministry of Agriculture and Rural Development Table 14: Training in safe use of pesticides for farmers

Year No of attendants 1999 51,000 2000 140,864 2001 76,517 2002 88,082 2003 128,716

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Total 485,179 Table 15: Training courses for farmers during 2003-2004 through a contest

on the use of pesticides

No Items No of districts

No of trained farmers

No of farmers

competing

No of farmers watching

Total no of trained farmers

1 Phu Tho 5 1,495 600 35,000 37,095 2 Nghe An 4 640 250 500,000 1,390 3 Bac Ninh 3 250 500 250,000 1,000 4 Hai Phong 6 1,345 500 288,000 2,133 5 HCM City 8 280 500 300,000 300,780 6 Lam Dong 10 350 300 500,000 500,650 7 Vinh Phuc 5 175 500 500,000 500,675 Total 41 4,535 3,150 2,373,000 1,343,723

6.3.4- Ministry of Industry Over the past five years (2000-2004), the Ministry of Industry has held 1,311 training courses for 300,000 trainees, including 358 courses for newly-recruited workers, 693 regular courses and 260 specialized courses on machinery and equipment which has strict OSH requirements. 6.3.5- Ministry of National Defense During 2000-2004, the Ministry of National Defense opened 1,300 training courses with the participation of 125,000 trainees on safety in construction, safety in the use of electricity, operating cranes.... 6.4- OSH training activities conducted by representative organizations of employers and employees 6.4.1- Vietnam’s Chamber of Commerce and Industry (VCCI) - Since 1999, VCCI has organized about 20 training courses on OSH for employers with about 700 attendants. These courses were held in localities where VCCI's branches are located. Most of the training courses were for employers in small and medium-sized enterprises on the 5S program and improving working conditions in small and medium-sized enterprises programme. - Vietnam Business Links Initiatives Project (2000- 2004) held 29 training courses with about 1,000 leaders, OSH officers, supervisors of more than 50 leather and footwear enterprises participating nationwide. The training courses mainly focused on OSH and the environment in general and issues relating to chemical and machinery safety, etc. 6.4.2-Vietnam Cooperative Alliance Vietnam Cooperative Alliance held 25 training courses on increasing management knowledge on integrating OSH for more than 1,000 managers of cooperatives; 2 training courses on responsibilities of product quality and environmental management for 120 officers in cities and provinces. 6.4.3-Vietnam General Confederation of Labour and trade unions of all levels

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Vietnam General Confederation of Labour and trade unions of all levels collaborate with appropriate authorities of the respective levels to provide training to labour protection officers, managers and OSH collaborators.

Table 16: Training courses held by trade union organizations Year No of attendants 2000 377,703 2001 279,252 2002 526,348 2003 690,738 2004 544,396 Total 2,418,437

Training topics: - Policies, laws on OSH - Role, duties and operational methods of trade union at different levels in OSH - Operational methods of OSH collaborators - Some fundamental issues of OSH techniques

6.5- List of OSH-related training courses conducted by universities and technical secondary schools with the number of graduates per annum by each type

- University of Trade Union: in 1996-2004, 540 engineers of labour protection graduated

- University of Public Health: established in 2002 - Hanoi Medical University: faculty of occupational medicine - Universities, technical secondary schools and vocational schools

6.6- Organizations providing training activities in accordance with the laws - Ministry of Labour, Invalids and Social Affairs: According to Decree No

08/CP dated 11/4/1995 and Circular No 23/LDTBXH–TT dated 19/9/1995 guiding the organization of OSH trainings, trainees are employees, employers from enterprises, agencies and organizations of all economic sectors. Employers are responsible for holding training courses for employees; Department of Labour, Invalids and Social Affairs are responsible for holding training courses for employers within their locality and choosing trainers for such courses. The MOLISA together with ministries and branches select trainers for the courses held by them.

- Ministry of Public Security: According to regulations in the Law on Fire Prevention, people who are working in environments with a high risk of fires and explosions or who are frequently in contact with dangerous flammable and explosive substances should be provided with training and a certificate of fire prevention. Fire Prevention Police Office shall provide training, refresher training, steering, inspections, professional guidance, appointment, regulations and policies for night-watchmen and grassroots fire prevention forces.

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- Ministry of Industry: Under the law on electricity, the Ministry of Industry introduces regulations on electricity safety technique standards, grants safety cards and provides guidance in electricity safety measures. Electricity operators and repairers should have certificates or degrees in electricity granted by vocational training establishments, and safety cards granted by State administration agencies in the field of electricity.

6.7- List and number of experts trained and training requirements (during the last five years) No specific regulations on expert standards are available No official statistics on the number of experts trained are available 6.8- Institutions providing OSH training

- Centre for OSH Training established in 2004 under the Ministry of Labour, Invalids and Social Affairs specializes in providing OSH training in Vietnam.

- According to the prevailing laws, the MOLISA is responsible for OSH training for officers from ministries and branches. Meanwhile, ministries and branches are in charge of specialized training for their affiliates. Departments of Labour, Invalids and Social Affairs are in charge of training for employers of enterprises in their respective localities.

- For professional training on occupational health, environment supervision and occupational diseases, Institutes under the Preventive Medicine network (National Institute of Occupational Health and Environmental Hygiene, Nha Trang Pasteur Institute, and universities under management of Ministry of Health (Medical Universities in Hanoi, Thai Nguyen, Thai Binh, Hai Phong, Hue, Tay Nguyen, Can Tho and Medical and Pharmaceutical Universtiy in Ho Chi Minh City).

- Trade unions at different levels and Vietnam Chamber of Commerce and Industry also participate in OSH training.

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7. OVERVIEW OF NATIONAL HUMAN RESOURCES IN OSH 7.1-Number and the roles of occupational safety specialists/officers in ministries, industries, provinces, Vietnam General Confederation of Labours 7.1.1- The Ministries and Industries Depending on the nature and requirements of each work, each Ministry or Industry assigns the number of OSH staff accordingly. Duties: - Guiding member agencies to comply with legal documents, policies, regulations

on labour protection, occupational safety, occupational health, State’s norms; - Following up the implementation of the policies, regulations on labour

protection, occupational safety, occupational health, for example: personal protective equipment; compensation for occupational accidents and diseases; in-kind allowances; working rules, regulations on time for work and for rest; the standards for work classification according to working conditions.

- Inspecting the implementation of national regulations on occupational safety, labour protection, occupational health;

- Organizing activities during the National Week on OSH- Fire and Explosion Prevention and Fighting, within the Ministry and Industry;

- Being responsible for OSH information, publicity and training. For example: Ministry of National Defense at Central level assigns 7 staff in charge of OSH, there are 27 staff in the Military Occupational Medicine Division and in the Preventive Medicine Center in the South, comprising one doctor – PhD, 3 masters, 2 medical doctors (1st grade specialists) 6 engineers, 4 technicians, 8 biomedical staff, one pharmacist and two middle-ranking pharmacists.

7.1.2- Large State-owned enterprises - The Labour Protection Committee includes 5 or 7 members, responsible for

giving advice, supervising and coordinating OSH activities in enterprises: - Labour Protection Unit (possibly bureau, section or officers in charge of OSH):

guides the implementation of the mechanism, policy on labour protection, procedures and norms on OSH, checking and supervising the labour protection and activities in response to the National Week on OSH – Fire and Explosion Prevention and Fighting

- Health Unit: Guiding and checking the implementation of occupational health and primary health care

- OSH collaborators network: guiding the implementation of OSH in the production group or team (details of the OSH collaborators are mentioned in item no. 7.14).

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7.1.3- The Ministry of Labours – Invalids and Social Affairs (for more details, see item 4.2) - Providing guidance to implement legislation, policies, regimes on labour

protection, occupational safety and occupational health and State’s standards and norms on OSH

- Conducting State inspection on labour, including inspection of labour policies, inspection of occupational safety and occupational health

- Conducting and organizing the annual National Week for OSH, Fire and Explosion Prevention

- Disseminating publicity and training in OSH 7.1.4- Trade Union - Central level Total staff working in labour protection at central level consists of 228 people of which post- graduates and university graduates account for 80%, including: ▪ Labour Protection Department has 9 staff at graduate level (100%). The

Department acts as the consultancy group assisting the Chairman of the Vietnam General Confederation of Labours on management and guidance on labour protection;

▪ The National Institute of Labour Protection has 203 staff, of which 6 are associate professors (5 of them retired and are now working as consultants to the Institute), 24 PhD, 26 masters, 16 are attending master courses, 130 are engineers, medical doctors, graduates…

▪ Labour Protection Faculty under Trade Union University has 8 trainers of which 2 are doctors, 4 are masters.

▪ Labour Protection Magazine has 8 staff at graduate level in technical or press professions.

- Provincial or industrial levels: At present, in 64 provincial Confederations of Labours and in 20 Trade Unions under Ministries or Industries, there are 97 labour protection staff, so each province/city or Trade Union has an average of 1 staff. Of 97 labour protection staff, 42 are in charge of labour protection duties, accounting for 44.68%; 79% are at graduate level of which 35% graduated from the technical universities, 26.5% are labour protection engineers and the rest graduated from other universities; and 65% are trained in labour protection professions. Work experiences of trade union staff in the labour protection field in localities, industries and corporations are: almost 5 years (63%), from 5 to 10 years (23%) and 14% over 10 years. At present, the Trade Union under Ministry of Industry and the Departments of Labour Protection exist in 6 provincial Confederation of Labours in Thai Nguyen, Quang Ninh, Ha Noi, Hai Phong, Dong Nai, Binh Duong.

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7.2- Requirements of qualifications for OSH experts and collaborators/staff - In state administration agencies: according to regulations of the Ministry of

Home Affairs or of the administrative Ministries or Industries. - For enterprises: according to regulations of the Joint Circular No.

14/1998/TTLT-BLDTBXH- BYT-TLDLDVN jointly issued by MOLISA, Ministry of Health, VGCL ▪ Labour protection Unit in enterprises: Officers responsible for labour protection should be selected among those who have good technical and practical knowledge, have been professionally trained and been permanently assigned to specialize in the labour protection field. ▪ Health unit at enterprise level · Enterprises with few hazardous elements: those having less than 300 workers

must have at least one nurse; those with 300 to 500 workers must have one nurse and one physician; those with 501 to 1,000 workers must have one doctor and one physician; those with more than 1,000 workers must have a separate medical station (or bureau, section). In case of insufficient health officers, contracts with provincial health services should be signed to meet the health care requirements at the sites.

· Enterprises with hazardous elements: those with less than 150 workers must have 1 nurse; those with 150 to 300 workers must have at least 1 nurse (or a person of equivalent level); those with 301 to 500 workers must have one doctor and one nurse; those with 501 to 1,000 workers must have one doctor and in each work shift there must be 1 nurse; enterprises with more than 1,000 workers must set up a private medical station (or section, bureau).

▪ OSH collaborators: workers who are professionally educated, enthusiastic and very keen on labour protection issues are assigned to do the job. To ensure the objectives of the activities, the OSH collaborator should not be the leader of the working group.

7.3- Legal requirements for occupational safety specialists/officers Regulated by leaders of the organizations, companies For example: Ministry of National Defense issued the Decision no. 96/2003/QD-BQP dated 12/8/2003 regulating that the head of the delegation for checking the work environment must be a doctor who has graduated in occupational health. 7.4- The number of occupational physicians in cities/provinces and their roles in OSH 7.4.1-Preventive medicine centre in provinces/ cities Preventive medicine centres are responsible for preventing epidemic diseases, ensuring environmental hygiene, and occupational health and school health management according to regulations in the Decision No. 2468/1999/BYT-QD dated August 16th 1999 by the Minister of Health. In these centres, officers responsible for occupational health are working in the Occupational Health Faculties. In some Preventive Medicine Centres where this type of faculty has not

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been established, occupational health officers work in the general hygiene department.

Table 17: Occupational health manpower in centres for preventive medicine of 64 provinces, cities and 13 occupational medicine centres of different industries

Number of occupational health officers

Year

No.of occupational

health

Bureau for occupational

disease examination

Total Doctor Pharmacist, others

Technician, Nurse

2000 44 28 2001 46 31 543 285 61 197 2002 46 33 493 257 67 169 2003 50 37 525 270 83 172 2004 50 37 525 270 83 172

Year 2000: The health care network at provincial and industrial level was increased by 350 health officers (to 6,359 staff in total). The health care network in small and medium enterprises was fragile and could not meet the primary health care needs of workers. 897 large enterprises still did not have medical officers. Year 2001: 46 preventive medicine centres of the provinces or industries, accounting for 62.1%, established an occupational health faculty. The total number of professional officers in the occupational health faculty was 543, of which there were 285 doctors (52.9%) and 61 pharmacists and others (11.1%). 31 occupational disease clinic rooms were established in 29 provinces and 2 industries. 38 provinces and 8 industries established occupational health faculties. Year 2002: The number of occupational health faculties remained the same as year 2001 while there were 493 staff in total, 257 (52.1%) of which were doctors and 67 (13.6%) were pharmacists and others 33 consulting rooms for occupational diseases were established in 31 provinces and 2 industries (occupational disease clinic rooms in Ha Tay and Cao Bang). 38 provinces and 8 industries had their own occupational health faculties. Year 2003: 4 more provincial preventive medicine centres established occupational health centres increasing the number to 50 provincial preventive medicine centres and industrial health centres in total (accounting for 67.6%), (Dak Lak and Son La established occupational health faculties). In Binh Duong, the provincial People’s Committee approved the establishment of the Centre for Occupational Health and Environment to assist the province in the field. The total number of occupational health professionals was 525, including 270 doctors (51.4%) and 83 pharmacists and others (15.8%). There were 37 consulting rooms for occupational diseases (in 31 provinces and 6 industries) established in the provinces and industries. Year 2004: The data remained the same as year 2003. In general, the provinces and branches were initially provided with machinery and equipment for environmental measurement and health examination for workers.

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Shortcomings: According to reports from 51/64 Preventive Medicine Centres: of the officers, the number who are doctors (PhD) and 2nd grade specialists only accounts for 0.87% and these are only in some provinces. Post graduates account for 12.2% of the total and the number of graduates for 24.9% of the total. The total number of graduates who are specialised in preventive medicine accounts for 15.8%. The technicians account for 11.4% of the total number of officers and specialised officers of immediate level account for 30.5%. According to reports of 54/64 Preventive Medicine Centres: - At present, preventive medicine centres have only about 60% of the necessary

equipment for examining contagious diseases, 20% for safe and healthy food stuff and 30% for occupational health.

- At least 1/3 of the current laboratory equipment needs replacing as they are too outmoded (produced before 1990). Most of the equipment for HIV/AIDS examination has been provided in recent years so it is still functional. However, due to the high frequency of use in some provinces, this equipment also needs to be upgraded, replaced or supplemented.

7.4.2- Centres for Occupational Health and Environment in the provinces/cities - To meet the needs for management of workers’ health and of occupational

diseases in some industrial provinces/cities, 5 centres for occupational health and environment (in Ho Chi Minh City, Dong Nai, Binh Duong, Can Tho and Vinh Phuc) were established. These centres are responsible for managing the medical network at grassroots level, developing the plans, managing the working environment, occupational diseases, regular health check lines, occupational disease examination and treatment and rehabilitation activities for workers in the provinces/cities. In addition, these centres also carry out scientific research on measures to prevent and cure occupational diseases.

- As these centres have been newly-established (except for Ho Chi Minh City’s and the Health centre of Dong Nai industrialized zone which have so attending to workers in the zone, but not others in the province), the group of professionals is still inadequate, each centre having only 17 to 20 people.

- The centres already have fundamental equipment for controlling the work environment, however, they still lack equipment for examining and diagnosing work-related diseases, for example X-ray machines, biological and chemical testing machines, particularly for testing occupational toxicology, which has not been carried out by any centre so far.

7.4.3- Health Centres under ministries, branches - Health Centres under ministries and branches are set up based on the demands

and development of each ministry or industry, and are aimed at taking care of the workers’ health in the field. Currently, there are 11 health centres under the Ministries of Industry, Ministry of Traffic and Transportation, Ministry of Agriculture and Rural Development, Ministry of Construction, Post and

85

Telecommunication Corporation, Vietnam’s Railway Corporation, Vietnam Airlines, Rubber Corporation, Garment and Textile Corporation, and Coal Corporation. These centres are responsible for managing the work environment and workers’ health in their respective industries; participating in prevention of epidemics; conducting studies and research on occupational disease prevention and typical jobs; and implementing national target programs. In addition, these centres provide health checks and treatment for workers with health insurance and local citizens.

- Of the total personnel, doctorate holders and health officers at second grade specialist level are 1.22%, while the proportion of postgraduates is 19.4%, 46.9% are tertiary graduates, 3.3% are technicians and 18.3% of officers graduated from technically specialised schools.

- Currently, 98.9% of equipment at these centres is in use. 28.6% of these centres have 41-50 different types of essential equipment, 42.8% have 31-40 different types, 14.3% have 11-20 types and 14.3% have 5-10 types.

7.4.4- Production units and enterprises Table 18: Health care staff in enterprises

Types of enterprise Number of enterprises

No of medical

staff

No of doctors, pharmacists

With medical

staff

With medical station

With no medical

staff

More than 200 workers

2,325 1,330 1,139 7,685 1,523

From 51 to 200 workers

747 151 3,236 1,356 289

Less than 50 workers

77 15 27,074 111 14

Total 3,149 1,496 31,449 9,152 1,826 (Source: Ministry of Health 2000)

7.5- Qualifications required for occupational health staff In accordance with standards for civil servants and officials introduced by the Ministry of Home Affairs and Ministry of Health 7.6- Legal requirements for having occupational physicians In accordance with the regulations by the Ministry of Health 7.7- The number of occupational health nurses No statistics are available 7.8- Qualifications required for occupational health nurses In accordance with standards introduced by the Ministry of Home Affairs and Ministry of Health 7.9- Legal requirements for having occupational health nurses No specific requirements for occupational health nurses

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7.10- Number and roles of occupational hygiene specialists in OSH performance No statistics are available 7.11- Qualifications required for occupational health experts and staff Qualification requirements are not clearly set up. The Ministry of Home Affairs stipulates standards for civil servants and State officers while employers make their own decisions. 7.12- Legal requirements for having specialists - The Ministry of Home Affairs and branches introduced regulations on

specialists in State agencies. - Those in enterprises are regulated by the inter-ministerial Circular No

14/1998/TTLT-BLDTBXH – BYT-TLDLDVN dated 31 October 1998 jointly issued by the MOLISA, MoH and VGCL

7.13- Number and roles of environmental protection specialists in OSH performance No data is available 7.14- Network of OSH collaborators According to incomplete statistics from 38/64 provinces and 11/20 branch trade unions, there were 153,036 OSH collaborators in 2004. The network of OSH collaborators is a form of labour protection activity established under an agreement between employers and the executive board of the trade union. The network's activities are in line with the laws, ensuring the rights of workers and the benefits of employers. Organization All enterprises should set up a network of OSH collaborators who are direct workers with a good knowledge of the labour protection profession and elected by production workshops. Each workshop should have at least one OSH collaborator; for group work, a group should have at least one OSH collaborator. To ensure objectiveness, the OSH collaborator should not be the head of the workshop or work group. The employer, in collaboration with the executive committee of the trade union at grassroots level, makes the decision on admitting OSH collaborators and publicizing the decision. The trade union manages the network activities. OSH collaborators have their own work schedule, are trained in the profession and supported in material and non-material ways in order to achieve a better operation. OSH collaborators have the following duties and rights: - Speeding up, checking and supervising the compliance with regulations on OSH

in production, maintenance of safety equipment and use of PPEs; calling heads of production lines to ensure they are observing regulations on labour protection; providing guidance on safe work for newly-recruited workers or for newly-transferred workers;

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- Providing comments to work group leaders on plans for labour protection, measures for ensuring occupational safety and health and work condition improvement;

- Proposing to the head of the work group or higher level to ensure regulations on labour protection, measures for occupational safety and health and timely dealing with unsafe machinery, equipment and workplaces.

7.15- OSH officers and experts in Vietnam Occupational Safety and Health Association (VOSHA) - VOSHA has 11 branches, 1 provincial branch with 1,500 members of which

80% are OSH officers and experts (1,200 people)

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8. OSH-RELATED STATISTICS AND INFORMATION IN VIETNAM 8.1- Number of undertakings, number of workers and incomes by types of industries

Table 19: Number of enterprises in operation TT Number of

enterprises (up to 31/12/02)

Development growth rate (%)

2002/2001 Total 62,908 121.73 By ownership and by economic areas 1 State-owned enterprises 5,364 100.17 - Central state-owned enterprises 2,052 102.75 - Local state-owned enterprises 3,312 98.63 2 Non state-owned enterprises 55,236 124.65 - Collective enterprises 4,104 112.56 - Private enterprises 24,794 108.86 - Collective name companies 24 480 - Limited liability companies 23,485 144.16 - Joint-stock companies with state-owned

capital share 557 118.51

- Joint-stock companies without state-owned capital share

2,272 201.96

3 Foreign investment enterprises 2,308 114.77 - 100% foreign capital 1,561 120.63 - Foreign Joint venture enterprises 747 104.18 By types of industries 1 Agriculture and forestry 972 111.09 2 Fishery 2,407 93.91 3 Mining and quarrying 879 138.64 4 Manufacturing 14,794 119.76 5 Electricity, gas and water supply 185 120.92 6 Construction 7,845 137.8 7 Wholesale and retail trade, repair of motor

vehicles, motor cycles 24,794 119.65

8 Hotels and Restaurants 2,843 118.21 9 Transport, storage and communications 3,242 127.39

10 Financial intermediation 1,043 100.97 11 Scientific activities and technology 12 150 12 Real estate, rental and consultancy services 3,235 147.38 13 Education and Training 124 144.19 14 Health and social work 81 172.34 15 Recreational, Cultural and sporting activities 183 127.08 16 Community, social and personal service

activities 269 120.09

(Source: General Statistics Office, investigation results 2003)

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Table 20: Number of workers and average labour income in state sector by type of economic activity, 2003

TT Economic sector Number of workers

Average income/month

(VND) 1 Agriculture and forestry 218,200 795,400 2 Fishery 5,700 765,700 3 Mining and quarrying 129,100 1,890,800 4 Manufacturing 712,900 1,211,600 5 Electricity, gas and water

supply 81,100 2,022,200

6 Construction 486,300 1,194,200 7 Wholesale and retail trade,

repair of motor vehicles, motor cycles

197,600 1,178,800

8 Hotels and Restaurants 34,500 1,171,300 9 Transport, storage and

communications 203,100 1,957,700

10 Finance – credit 66,800 1,986,800 11 Financial intermediation 34,000 1,217,600 12 Scientific activities and

technology 47,100 1,860,200

13 Public administration and defense, compulsory social security

287,300 917,500

14 Education and Training 1,000,600 1,020,600 15 Health and social work 203,600 981,900 16 Recreational, Cultural and

sporting activities 39,500 990,900

17 Activities of Party and of membership organizations 75,100 880,900

18 Community, social and personal service activities 35,400 1,158,400

Total 3,857,900 1,195,743 (Source: Labour – Invalids and Social Affairs Statistical Year Book, 2003)

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8.2- Number of occupational fatalities per year for the last five years (total and per sector of economic activity with gender breakdown) with brief description on how the data was collected and coverage of reporting

Table 21: Occupational fatalities

Year Number of accidents Acidents having fatalities

Number of occupational

fatalities 2000 3,405 371 406 2001 3,601 351 381 2002 4,298 418 485 2003 3,896 470 513 2004 6,026 560 575 Total 21,226 2,170 2,360

(Quoted from the annual occupational accident reports made by the Labour Inspectorate of MOLISA)

The data collected is based on the reporting system from enterprises to local labour inspectors and to Ministry’s Labour Inspectorate. Data relating to the occupational fatalities is also collected through the inspection reports on fatal occupational accidents. 8.3- Number of reported cases of occupational injuries by cause

Table 22: Occupational accidents by cause

Year

Unsafe work

conditions or

equipment

Unavailability or not using

PPEs

Safe work place

untrained

Without safe work

procedures or methods

Violation of safe work

procedures and

methods

Others

2000 185 61 40 163 1,320 1,558 2001 132 113 76 230 1,274 1,783 2002 321 129 99 240 1,613 1,895 2003 274 61 132 213 1,405 1,868 2004 354 201 206 216 2,074 2,757 Total 1,623 565 553 1,062 7,686 9,861 (Quoted from the annual occupational accident reports provided by Labour Inspectorate, MOLISA)

Data on occupational injuries by provinces, types of industries, ages and sex is not available.

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92

8.4- Number of occupational injuries per year for the last five years (total and per sector of economic activity) with brief description on how the data was collected and coverage of reporting;

Table 23: Serious occupational injuries Year Serious occupational injuries 2000 1,057 2001 1,173 2002 1,192 2003 1,124 2004 1,670 Total 6,216

(Quoted from the annual occupational accidents provided by Labour Inspectorate, MOLISA) The data collected is based on the reporting system from enterprise level to local labour inspectors and then to MOLISA’s Labour Inspectorate. As few enterprises reported on their annual occupational accidents, the data reflecting the annual occupational injuries is not precise. Data on occupational injuries by provinces, types of industries, ages and sex is not available. 8.5- Number of reported cases of occupational diseases in Vietnam

Table 24: Situation of occupational diseases in Vietnam during 1976-2004 Total

TT Name of

occupational disease

1976-1990

1991- 1995

1996-2000 2001 2002 2003 2004 Total

cases Rate (%)

1. Pneumoconiosis and pneumonias

4,905 2,161 5,124 753 1,190 798 1,179 16,110 74.5

2. Poisoning 65 44 490 92 237 37 63 1,028 4.8 3. Diseases caused

by physical elements

527 315 1531 305 335 563 263 3,839 17.8

4. Skin diseases 20 200 3 3 205 62 493 2.3 5. Bacterial

contamination 13 79 3 16 6 10 127 0.6

Total 5,497 2,553 7,424 1,156 1,781 1,609 1,577 21,597 100

8.6- Number of occupational diseases for the last five years Table 25: Occupational diseases over the last five years 2000-2004

2000 2001 2002 2003 2004No. Name of occupational

disease Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed

1 Silicosis 2,058 1,698 2,332 717 2,432 1,177 1,772 789 3,452 1,0642 Asbestosis 13 2 49 1 19 0 19 0 0 03 Byssinosis 138 114 65 25 87 3 24 0 187 1114 Chronic

bronchitis 138 46 224 10 971 10 236 9 556 4

5

Poisoning by lead and its compounds

208 87 96 5 186 118 67 10 151 18

6

Poisoning by benzene and its compounds

0 0 0 0 130 0 49 0 0 0

7

Poisoning by mercury and its compounds

0 0 0 0 15 0 14 14 0 0

8

Poisoning by manganese and its compounds

0 0 0 0 0 0 0 0 0 0

9 TNTpoisoning

22 12 11 31 8 8 11 11 44 44

10

Poisoning by arsenic and its compounds

0 0 186 56 0 0 0 0 0 0

11 Nicotinepoisoning

43 43 0 0 113 106 58 0 0 0

93

2000 2001 2002 2003 2004 No. Name of occupational

disease Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed

12 Poisoning bypesticides

358

178

17

0

26

5 95 2

62

1 13

Poisoning byradioactive substances and X-rays

0

0

13

1

33

0 36 3

4

1

14

Noise-induced deafness

1627 915 989 304 3117 334 2114 553 3011 262

15

Diseasesfrom

Vibration 0 0 0 0 262 1 7 7 0 0

16

Occupationallow blood pressure diseases

0 0 0 0 0 0 0 0 0 0

17

Occupationalskin

discoloration 243 175 126 3 594 2 259 205

341

62

18

Skin ulcer,arthritis, atopic

dermatitis

43 7 0 0 45 1 6 0 17 0

19 Occupationaltuberculosis 2 2 0 0 1 1 1 1 6 4

20 ViralHepatitis 28 28 3 3 15 15 5 4 56 6

21 Occupationalleprosy 2 0 6 0 2 0 1 1 21 0

Total 4,984 3,317 4,117 1,156 8,056 1,781 4,774 1,609 7,908 1,577(Source: Viet Nam Administration of Preventive Medicine- Ministry of Health)

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95

Silicosis Asbestosis Byssinosis Total cases of pneumoconiosis

Total cases of occupational diseases

No. Period

Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed Suspected Confirmed

1 1976-1990 4,875 4,905 1 0 4,876 4,876 5,497 5,497

2 1991-1995 2,152 2,152 0 9 2,161 2,161 2,553 2,553

3 1996-2000 5,106 4,914 16 2 193 139 5,315 5,055 12,015 7,424

4 2001-2004 9,938 3,747 49 1 65 25 10,052 3,773 29,839 6,123

Total 22,071 15,718 65 4 258 173 22,404 15,865 49,904 21,597

Table 26: Situation of Pneumoconiosis in Vietnam during 1976-2004

(Source: Viet Nam Administration of Preventive Medicine- Ministry of Health)

Note: statistics by types of economic sector, coverage of the reports are not available

8.7- Number of occupational safety control measurements recommended Data is not available 8.8- Number of health examinations conducted Periodical health examinations for occupational diseases in workers are vital tasks carried out by the health sector in preventive medicine centres at provincial and district levels, in occupational and environmental centres and in health centres of ministries and branches. The tasks have been carried out with the following results:

Table 27: Examination of workers’ health during 2000-2004 Periodic health check Occupational disease

examination Year

No. of enterprises

Rate % /Total

enterprises

No. of workers

with health checked

No. of enterprises

No. Of workers

examined

2000 - - 643,720 - 31,855 2001 1,989 35.6% 903.122 206 28,464 2002 2,527 23.5% 601.602 250 62,917 2003 2,230 30.7% 632.544 200 54,418 2004 3,106 11.5% 428.316 - 57,480

Year 2000: - The number of workers having periodical health checks was 643,720 (an

increase of 25% in comparison with year 1999), 51.6% of whom were at grade 1 and 2 (very good and good), 44.1% at grade 3 (moderate) and 4.3% at grade 4 and 5 (poor and very poor). The number of workers at grades 4 and 5 showed a tendency to reduce in comparison with year 1999 (4.32% and 6.8%).

- Number of workers having occupational disease examination amounted to 31,855 (an increase of 3% in comparison with year 1999), of whom 4,081 were found to be suspected cases of occupational diseases. There were 677 confirmed cases of occupational diseases and 525 cases were entitled to a subsidy from social insurance.

Year 2001: - In 65 provinces/industries, 1,989 business operations/enterprises (accounting for

35.6%) carried out periodical health checks for workers; of 903,122 workers checked, 477,670 were male and 425,452 were female. The number of workers having periodical health checks increased by 63.8% in comparison with the year 2000.

- Occupational disease examinations were carried out in 206 business operations/enterprises. The total number of workers checked was 28,464, of which 4,118 had contracted an occupational disease (accounting for 14.64%). The number of confirmed cases was 1,158 (accounting for 28.1%), with 333

96

97

cases being entitled to a once-off subsidy and 278 cases (accounting for 52.8% of the confirmed cases) entitled to a regular subsidy from social insurance.

Year 2002: - In 60 provinces/cities and industries, 2,527 business operations/ enterprises

(accounting for 23.5%) carried out periodical health checks for workers. 601,602 workers were checked, of whom 356,390 were male and 245,212 were female.

- 18 occupational diseases were examined in 250 business operations/enterprises. The total number of workers checked was 62,917 (more than double), of which 8,036 workers were suspected of having an occupational disease (accounting for 12.77%). 1,781 workers were confirmed (accounting for 22.2%) with 1,334 cases receiving a once-off subsidy and 267 cases entitled to a regular subsidy (accounting for 89.9% of the cases confirmed).

Year 2003: - In 60 provinces/cities and industries 2,230 business operations/enterprises

(accounting for 30.7%) conducted periodical health checks to classify the health of workers’. There were 632,544 workers checked, of whom 407,074 were male and 632,544 female.

- 31 provinces/cities and Ministries/industries carried out checks for 16 occupational diseases in more than 200 business operations/enterprises all over the country. 54,418 workers exposed to factors causing occupational diseases were examined (an increase of about 8,000 workers in comparison with the year 2002), of which 4,068 were diagnosed as having contracted an occupational disease (accounting for 7.48%). 937 workers were confirmed (accounting for 23.0%) with 370 cases receiving a once-off subsidy and 152 entitled to a regular subsidy from social insurance (accounting for 55.71% of the confirmed cases).

Year 2004: - In 60 provinces/cities, 3,106 business operations/ enterprises (11.5%) carried out

periodical health checks for workers, in which 428,316 workers, including 243,878 males and 184,438 females, were checked.

- 32 provinces, ministries/industries conducted occupational health checks for workers, with a total of 57,480 workers exposed to hazards of which 7,908 were diagnosed to have contracted an occupational disease (accounting for 13.8%). 1,577 workers were confirmed (accounting for 19.9%) with 544 cases being entitled to a once-off subsidy and 768 cases entitled to a regular subsidy (accounting for 83.2% of confirmed cases).

(Source: Viet Nam Administration of Preventive Medicine, Ministry of Health)

Year 2000 2500

2001 2002 2003 2004

No. of supervised business

operations/enterprises n= 2500 n=2400 n=2606 n= 2277 n= 1986

Average in 5 years

Harmful factors

No. of samples

Proportion exceeding standards

%

No. of samples

Proportion exceeding standards

%

No. of samples

Proportion exceeding standards

%

No. of samples

Proportion exceeding standards

%

No. of samples

Proportion exceeding standards

%

Proportion of over allowed

standards %

Dust 6,344 32.6% 15,847 24.7% 15,703 20.7% 14,147 23.9% 15,069 17.5% 23.88

Noise 33,059 21.2% 19,349 25.7% 23,129 31% 19,408 27.6% 27,738 28.2% 26.74

Lighting 34,864 10.4% 25,369 11.2% 29,104 10.8% 24,543 18.0% 37,355 17.1% 13.50

Toxic gas 9,294 12.1% 18,821 34.8% 13,802 13.4% 9,643 13.5% 15,933 11.9% 17.14

Microclimate 110,603 32% 84,978 27.9% 91,126 23.9% 76,577 22.8% 103,802 17.6% 24.84

Vibration - - 1,916 23.3% 2,870 34.7% 2,259 22.5% 1,042 14.5% 23.75

Magnetic, Radio activity

- - 5,586 6.1% 6,329 6.8% 1,493 10.3% 9,797 3.8% 6.75

Total 194,164 25.3% 171,866 24.9% 182,063 21.2% 148,070 22.0% 210,736 17.8% 22.12%

8.9 - Number of occupational hygiene control measurements recommended The results of occupational safety and health inspections with the breakdown by provinces, types of industries, sizes of industries and contents of recommendations (over the last five years)

Table 28: Working environment supervision results during 2000-2004

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Year 2000: the work environments of about 2,500 business operations/enterprises were checked, an increase of 18% in comparison with the year 1999 (2,110 enterprises), but the number was still below the targeted figures. Year 2001: the work environments of about 2,400 business operations were checked, the total number of measured samples being 172,876. Of these, 43,003 samples did not meet the hygiene standards, accounting for 24.9%, an increase of 2.4% in comparison with year 2000. Year 2002: measurements of the work environments of 63 provinces, cities and industries were carried out for 2,606 enterprises with a total of 188,709 samples. Of these, 40,049 samples did not meet the hygiene standards, accounting for 21.2%, a reduction of 3.7% in comparison with the year 2001. Year 2003: according to the statistical reports, 60 provinces, cities and industries carried out measurements of the work environments of 2,277 enterprises with a total of 148,675 measured samples (a reduction of about 40,000 samples in comparison with the year 2002), of which 32,655 samples, accounting for 22%, did not meet the hygiene standards. However, the proportion of work environment samples exceeding the standards in industrial provinces/cities was still very high. The proportion of dust samples exceeding the dust standards accounted for 63.4% in Thai Nguyen, 34.9% in Quang Ninh, 56.1% in the mining industry and 46.3% in the transportation sector. Noise samples exceeding the noise standards accounted for 45.8% in Thai Nguyen, 57.4% in Quang Ninh, 32.7% in the mining industry. Temperature samples exceeding standards in the transportation industry were 61.8%... Year 2004: 60 provinces, cities and industries conducted measurements of work environments for 1,986 enterprises with a total of 216,813 samples (an increase of nearly 70,000 samples in comparison with the year 2003), of which 39,423 samples did not meet the hygiene standards, accounting for 18.2%. Environmental pollution in localities was as follows: in Ha Noi, 9.7% samples exceeded the allowed standards; Kien Giang 14%; Binh Duong 14.6%; Ministry of Industry 16%; Dong Nai 17.7%; Can Tho 23.4%… In Dong Nai, 41.5% of the noise samples measured exceeded the allowed standards; the proportion was 42.3% for enterprises under Ministry of Industries. In Ha Tay province, enterprises with inadequate light accounted for 42.8%. Enterprises where temperatures exceeded standards accounted for 33.8% in the Ministry of Industry and 38.6% in Construction Industry. The Health Department of the Ministry of Transportation took measurements of the environment in the tunnel of Hai Van mountain pass on 8 occasions. From a total of 2,400 samples, 59% exceeded the standards. (Source: Viet Nam Administration of Preventive Health, Ministry of Health)

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8.10-Number of occupational injury cases which received employment injury compensation At present, there is no Occupational Accidents and Occupational Diseases Compensation Fund in Vietnam. The compensation mechanism is stipulated by the employers themselves, so there are no existing statistics on compensation. 8.11- Number of occupational disease cases which received employment injury compensation At present, there is no Occupational Accidents and Occupational Diseases Compensation Fund in Vietnam. The compensation mechanism is stipulated by the employers themselves, so there are no existing statistics on compensation. 8.12- List of occupational diseases entitled to compensation, requirements for notification and reporting There are 21 occupational diseases entitled to compensation, which are listed in Item 2.4. At present, there is no Occupational Accidents and Occupational Diseases Compensation Fund in Vietnam. The compensation mechanism is stipulated by the employers themselves, so there are no existing statistics on compensation.

8.13- Allowance for occupational accidents and occupational diseases according to Social Insurance scheme Table 29: Occupational accidents and occupational diseases compensation

Target Unit Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

I/ Total labour force: - State – owned - Other economic sectors

Persons persons persons

36,701,800 3,501,000

33,200,000

37,676,400 3,603,600 34,072,000

3,610,500

II/ Number of enterprises/Offices joining the Social Insurance Fund: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Units Units Units

Units Units Units

61,404 35,924 25,480

10,425 12,050 2,850

65,611 35,780 29,831

9,655

17,234 2,942

68,973 37,807 31,166

9,709

18,514 2,943

72,637 41,475 31,163

9,892

17,937 3,633

96,264 45,463 50,801

9,722

36,830 4,249

III/ Total number of persons joining the Social Insurance Fund: - Public administration + armed forces - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons persons persons

persons persons persons

4,127,680 1,870,755 2,256,925

1,685,240 200,762 370,923

4,375,925 1,866,673 2,509,252

1,784,595 312,043 412,614

4,794,669 1,993,661 2,801,008

1,762,166 570,724 468,118

5,387,268 2,113,978 3,273,290

1,753,391 805,274 714,625

5,819,983 2,197,535 3,622,064

1,733,064

992,778 896,606

IV/ Total Social Insurance Fee collected Of which fee for 3 short-term insurances

Million VND Million VND

5,198,221 1,208,555

6,348,185 1,585,420

6,928,022 1,730,840

9,636,925 2,357,233

10,703,000 2,672,982

V/ Total Social Insurance Payment: Million VND 7,574,776 9,117,750 9,618,569 13,576,798 15,048,082

VI/ Occupational accidents mechanism 1. Total cases of occupational injuries entitled with social insurance mechanism in the year: - Public administration - Production and business of which: + State-owned enterprises

Persons persons persons

persons

3,234 837

2,397

2,042

3,628 883

2,745

2,376

4,223 1,025 3,198

2,752

4,016 944

3,072

2,641

4,793 1,042 3,751

3,185

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Target Unit Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

+ Private, Limited Company… + Foreign invested

persons persons

214 141

213 156

262 184

260 171

357 209

1.1. Total fatalities due to occupational accidents entitle with Social Insurance: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons persons persons

persons persons persons

408 49

359

310 32 17

516

56 460

387

46 27

594 63

531

443 59 29

602 58

544

458 62 24

672 64

608

503 74 31

1.2 – Number of persons losing from 5% to 30% of his/her working capacity: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons persons persons

persons persons persons

1,694

593 1,101

936 99 66

1,681

605 1,076

909

98 69

2,029

701 1,328

1,150

101 77

2,142

684 1,458

1,275

108 75

2,556

727 1,829

1,548

183 98

1.3- Number of persons losing between 31% and 80% work capacity: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons persons persons

persons persons persons

1,075

190 885

752 80 53

1,366

218 1,148

1,029

65 54

1,534

257 1,277

1,106

98 73

1,213

197 1,016

863 85 68

1,497

246 1,251

1,079

94 78

1.4 - Number of persons losing between 81% and 100% work capacity: - Public administration - Production and business of which: + State-owned enterprises

Persons persons persons

persons

57 5

52

44

65 4

61

51

66 4

62

53

59 5

54

45

68 5

63

55

102

Target Unit Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

+ Private, Limited Company… + Foreign invested

persons persons

3 5

4 6

4 5

5 4

6 2

2- Total persons entitled to an allowance due to occupational accidents in the year: 2.1- Number of persons entitled to monthly allowance due to occupational accidents to 31st December: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons

persons persons

persons persons persons

16,136

14,442

17,278

15,597

19,164

17,135

20,657

18,505

22,594

20,038

2.2- Number of persons entitled to a once-off allowance - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Persons persons persons

persons persons persons

1,694

593 1,101

936 99 66

1,681

605 1,076

909

98 69

2,029

701 1,328

1,150

101 77

2,142

684 1,458

1,275

108 75

2,556

727 1,829

1,548

183 98

3. Total payment of social insurance fund for occupational accidents: 3.1- For occupational fatalities: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Million VND

Million VND Million VND Million VND

Million VND Million VND Million VND

25,211

1,506

30,039

2,373

33,497

2,926

51,373

3,488

57,118

4,526

3.2- For persons losing 5% - 30% work capacity due to occupational accidents:

Million VND

3,563

3,062

3,819

6,120

6,296

103

104

Target Unit Year 2000

Year 2001

Year 2002

Year 2003

Year 2004

- Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Million VND Million VND

Million VND Million VND Million VND

3.3- For persons losing 31% - 100% work capacity due to occupational accidents: - Public administration - Production and business of which: + State-owned enterprises + Private, Limited Company… + Foreign invested

Million VND Million VND Million VND

Million VND Million VND Million VND

21,212

25,548

29,362

43,790

48,813

IX/ Mechanism for occupational diseases: 1.Total persons contracting an occupational disease in the year entitled to Social Insurance: of which: -Number of fatalities due to occupational accidents -Number of persons entitled to a once-off allowance due to contracting occupational disease -Number of persons entitled to a monthly allowance due to contracting occupational disease 2. Total number of persons entitled to an occupational disease allowance to 31st December each year 3. Payment for occupational disease allowance: of which: + Once-off allowance: + Monthly allowance:

Persons

Persons Persons

Persons

Persons

Million VND

Million VND Million VND

888

0 349

539

5,616

6,303

1,075 5,228

578

0 292

286

6,066

7,509

944 6,565

1,254

0 446

808

6,663

9,874

2,610 7,264

1,006

0 539

467

7,196

12,843

2,025 10,818

858

0 310

548

7,793

14,280

2,517

11,763

(Source: Statistics from Social Insurance of Vietnam)

8.14- Annual OSH reports and statistics 8.14.1- List of annual Labour protection reports, statistics - Report by the MoLISAs to the Prime Minister (every 6 months) on the

implementation of the Instruction No. 13/1998/CT-TTg of 26/3/1998 issued by the Prime Minister enhancing the guidance and implementation of the labour protection in new situation. (This report no longer exists.)

- Report by the Peoples’ Committee of the provinces, cities to the MOLISA, and then by MOLISA to the Prime Minister, on the Implementation of the Instruction No. 20/2004/CT-TTg dated 8/6/2004 enhancing the guidance and conducting of OSH in Agriculture.

- Report by the ministries, industries, provinces and cities to MOLISA, and MOLISA to the Prime Minister, on the implementation of the Decision No. 188/199/QĐ-TTG dated 17/9/1999 issued by the Prime Minister regarding the implementation of the mechanism of 40 working hours per week. (This report no longer exists.)

- Report on occupational accidents every 6 months and annually. - Quick report on serious occupational accidents. - General report on Labour Protection every 6 months and annually: Quantity and

quality of the reports do not meet the requirements. - Report on the implementation of reducing working hours in enterprises from

enterprises to DoLISAs and from DoLISAs to MOLISAs. (This report no longer exists).

- Yearly report on the implementation of working over time from enterprises to DoLISAs and from DoLISAs to MOLISAs. (This report no longer exists.)

- Verifying units report every 3 months to the Department of Labours – Invalids and Social Affairs (DoLISA) where machinery or objects are registered. The DoLISA reports on the registration and verification of machinery, equipment, materials and agents which have strict OSH requirements every 6 months and annually.

- Report on the organization of the National Week on Occupational Health and Safety – Fire and Explosion Prevention and Fighting (prior to 30/4 every year) by the DoLISAs and Ministries and industries.

- Annual reports on occupational health activities are made by enterprises to the Department of Health (DoH) and then from DoH to Ministry of Health

Comments: some reports overlap, causing administration problems. Renovation of the OSH reporting system is needed. 8.14.2- Report forms (See Annex 5)

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9. OSH INFORMATION AND PUBLICITY CAMPAIGN BY EVENTS. 9.1- Summary of national occupational safety and health campaign activities 9.1.1- National week on OSH and Explosion and Fire Prevention (herein after called National Safety Week) is launched by the Government and organized nationwide - Basis for organization of the events: Document No. 772/CP-VX dated 14th

July, 1999 issued by the Prime Minister on organization of the annual National Week on Labour Protection;

- Time: Mid March every year - Major activities of National week on OSH:

+ Meetings: Participants in annual meetings are Deputy Prime Minister of the Socialist Republic of Vietnam, Minister of MOLISA - Chairman of the Steering Committee of National Safety Week; Chairman of Vietnam General Confederation of Labour, Communist Party’s Secretary and Chairman of the People’s Committee of the province hosting the National Safety Week; ILO representatives; approximately 400 OSH representatives, Union members from ministers, industries, enterprises, and about 3,000 to 5,000 workers, farmers and students participate in the meetings and parades. In addition, over recent years, the National Safety Week’s opening meetings have also been attended by distinguished representatives such as the Vice President of the National Assembly, Chairman of the Government’s Social Affair Committee, and other international delegates.

+ Declaration and awards granted by the Government, by MOLISA and Vietnam General Confederation of Labours to individuals and collectives with excellent achievements in OSH and Explosion and Fire Prevention and Fighting activities.

+ Parades. + Exhibition on pictures of OSH activities, OSH equipment and Explosion and

Fire Prevention and Fighting activities and technical-scientific achievements on Labour Protection.

+ Practice of emergency drills on incidents such as mining rescues, fire fighting in high buildings or dancing clubs, etc...

+ Visits to families with sufferers of occupational diseases or accidents. + Participation in meetings at some enterprises or organizations responding to

the National Safety Week. + Organization of OSH competitions, contests for the best OSH staff and the

best OSH activities by farmers. + Information activities. + Activities organized by Ministers, industries, enterprises and Unions with

active responses of hundreds of thousands of people: + Ministry of Agriculture and Rural Development: takes part in OSH

competitions, holds workshops and meetings on the occasion of National

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Week on OSH and Explosion and Fire Prevention and Fighting with the participation of 1,500 people.

+ Ministry of National Defense: annually organizes activities in response to National Week on OSH and Explosion and Fire Prevention and Fighting. In particular, 586 units under the Ministry of National Defense held meetings on the occasion of the 7th National Week on OSH and Explosion and Fire Prevention and Fighting with the participation of 140,560 people; 31 workshops were held with 4,119 participants as well as forums. 10 films were made and broadcast on VietNam television.

+ Ministry of Health, Ministry of Industry, Ministry of Transport and Traffic, Ministry of Fishery and Vietnam General Confederation of Labour have similar activities.

9.1.2- Annual National OSH Information Network Meeting - Basis for organization of the event: National OSH Information Network was

established in December 1997, of which MOLISA is the focal point. According to the organization and operation regulations of National Information Network, every December, MOLISA cooperates with the Ministry of Health and Vietnam General Confederation of Labour to organize a workshop on National OSH Information Network.

- Objective: To exchange information and experiences on OSH - Participants: Leaders from members of the network, network members from

provinces, representatives from ministries, industries, research institutes and corporations; representatives from related enterprises and agencies.

9.1.3- Other conferences, national and international workshops and seminars - OSH Conference of Asia – Pacific countries in October, 2002 (APOSHO) - International Occupational Health Workshop in November, 2002 - National Seminar on development of policy on OSH in Agriculture, 2003 - National Seminar on development of OSH terminologies, 2003 - National Seminar on introduction of the OSH management system in the South

and the North of Vietnam, 2002 - The Conference on OSH Information Network of ASEAN countries (ASEAN-

OSH Net) in 2005 with participation of 10 Asean countries, March, 2005 - Workshop on National OSH Programme with the participation of

representatives from Asean countries, Japan, Korea, Germany and USA, March, 2005

9.2- Summary of OSH activities in provinces and districts - Almost all provinces and districts hold annual activities in response to the

National Week on OSH and Explosion and Fire Prevention and Fighting launched by the Government, such as meetings, conferences, workshops, inspections of work conditions, explosion and fire prevention and fighting inspections, training courses, emergency drills.

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- The Department of Plants Protection collaborates with the Agency of Plants Protection in provinces and cities (8 major provinces planting vegetables and tea: Bac Ninh, Phu Tho, Hai Phong, Nghe An, Quang Nam, Lam Dong, Vinh Phuc, HCM City) to carry out activities and contests for the users of pesticides on their effective use.

9.3- Summary of OSH activities at enterprise level - Consolidating the organization of labour protection and empowering relevant

units and individuals. Building the action programme of Labour Protection Council at grassroots level and programmes ensuring OSH for labourers at work places.

- Self-checking OSH performance, machinery, equipment, premises and OSH compliance. Rechecking OSH measures, painting, drawing or making notice boards and barriers in areas at high risk of occupational accidents. Maintaining and repairing machinery and equipment to comply with OSH requirements.

- Occupational hygiene: Having periodical health checks in order to promptly diagnose occupational diseases and have treatment accordingly, as well as having plans to measure and check OSH elements at the work places, such as noise, dust, dangerous chemicals, bacteria.

- Equipping with additional devices for explosion and fire prevention and fighting, holding dialogues on topics of explosion and fire prevention and fighting for officers and workers, opening courses on professional skills for explosion and fire prevention and fighting teams in enterprises, painting and printing posters and slogans about explosions and fire prevention and fighting.

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10. SUMMARY OF ACTIVITIES ON SOCIAL ACCOUNTABILITY (SA) OR PRODUCT MANAGEMENT AND IMPLEMENTATION OF OSH MANAGEMENT SYSTEM APPROACHES, ISO 9000 AND 14000, OHSAS 18000… 10.1- Ministry of Labour, Invalids and Social Affairs: The MOLISA held 2 National Conferences on OSH Management System (ILO_OSH 2001) and introduced it to provinces, ministries, industries and enterprises nationwide. Integrating Instruction on OSH Management System into training courses and programme for improving working conditions in small and medium-sized enterprises. 10.2- Ministry of Science and Technology: + Green Capacity Programme + Environment Management System –Regulations and Instructions for Vietnamese Standards ISO 14001:1998 (ISO 14001) + Quality Management System ISO 9000 10.3- Vietnam Chamber of Commerce and Industry (VCCI): - Some resource staff from VCCI have been sent to Japan to be trained on a

quality management system for disseminating knowledge and retraining for small and medium-sized enterprises.

- Annually, VCCI also conducts TOT courses and training courses for enterprises on OSH programmes.

- Various ways of disseminating the latest news on OSH, including social responsibility of enterprises and approaches to some management systems: organizing conferences, seminars and training courses, and through the website of VCCI.

- Vietnam Business Links Initiatives Project established a training module entitled Management Supporting System (MSS) consisting of 19 chapters on OSH issues, and provided it to about 130 leather and footwear enterprises. The project compiled a book “Instruction of OSH management in leather and footwear sector” based on the Management Supporting System and held 15 international and national workshops to introduce the project. Issues related to OSH such as SA8000, OSH SA, were mentioned.

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11. LIST OF INTERNATIONAL COOPERATION ACTIVITIES. 11.1- Capacity building, technical cooperation activities related to OSH with international organizations - OSH training programmes in small and medium-sized enterprises – sponsored

by the ILO - Since 2000, Japan’s Employers’ Organization has helped VCCI to train its

master trainers on the 5S programme. This model is expected to be disseminated to small and medium-sized enterprises in Vietnam.

- Project on Capacity Building of OSH in Agriculture, funded by the Japanese Government through ILO (2004 – 2007).

- Project on SafeWork and Integrated Labour Inspection, funded by Germany (2002-2005) through the ILO.

- Vietnam Business Links Initiatives (VBLI) targeting Viet Nam leather and footwear enterprises to help improve their work environment and conditions, with the participation of 23 national and international organisations, non-governmental organisations and multinational corporations.

- Programme on silicosis prevention (1999-2000), funded by the ILO, to conduct some training workshops on Reading Thoracic Radiographs according to the ILO International classification Radiographs of Pneumoconiosis 1980 and 2000.

- Activities on improving health for workers in agriculture, small and medium-sized enterprises, health sector, etc., funded by the WHO.

11.2- Capacity building, technical cooperation in OSH-related activities by bilateral cooperation - Business Sector’s Programme Support (BSPS), funded by Denmark (2005-

2009) - Vietnam Business Links Initiatives, sponsored by the UK - OSH programme in leather and footwear sector, funded by NIKE - Activities under the Agreement of OSH cooperation with Korea OSH Agency

(KOSHA) (2003 – 2006) - Activities on Construction Safety (ILO/Korea) (2003 – 2004) - Activities of cooperation with Asean Pacific OSH Organisation (APOSHO),

Japanese Industrial Safety and Health Association (JISHA), Korean Industrial Safety and Health Association (KISHA)

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12. SPECIALIZED OSH PROGRAMS/ ACTIVITIES 12.1- Summary of OSH programs/activities in mining and quarrying No information 12.2- Summary of OSH programs/activities in construction - Program on prevention of silicosis and pneumoconiosis - Program on research of adverse effects of asbestos in production and

utilization of asbestos roof slab, and means of prevention of occupational diseases in the production of asbestos roofing;

- Seminars on occupational safety and health in small and medium-sized construction enterprises;

- Seminars on occupational safety measures in the construction of tall buildings; - Seminars on occupational safety and health in carrying out underground work,

tunnels, caissons and compressed air caissons; - Seminars on occupational safety and health measures in handling

hydrocarbons and petroleum piping and storage vessels; - Seminars on safety measures in bridge construction; - Seminars on occupational safety in demolition works; - Seminars on measures to ensure safety in carrying out work at sea, on rivers

and lakes; - Seminars on measures to ensure safety when using explosive agents and using

materials on construction sites and during demolition work; - Scientific theme no. RD-61-02 on development and compiling training

documents on labor protection in the construction sector; - Program on preventing malaria and petechial fever for construction laborers

working in remote areas such as Yaly Hydroelectric Plant, Mo waterfall and Hinh river.

- Scientific theme “work safety when working on scaffoldings”. 12.3- Summary of OSH programs/activities in small enterprises. - Ministry of Labor, Invalids and Social Affairs: provides small and medium-

sized enterprises in provinces and cities across the country with training courses on occupational safety and health;

- Ministry of Health: formulates annual action plans on taking care of health of workplaces and craft villages; improving health of workers in small and medium-sized enterprises;

- Vietnam Chamber of Commerce and Industry (VCCI): Since 1999 VCCI has organized training courses on the Work Improvement in Small Enterprises (WISE) Program for Small and Medium-sized Enterprises in many provinces and cities across the country. Since 2003, VCCI has trained source lecturers for branch cadres and a number of enterprises in an effort to intensify the program for Vietnamese enterprises;

- International Workshop on Occupational Safety and Health in small and medium-sized enterprises and agriculture, held in Can Tho in 2004;

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- Main themes of the 5th and 6th National Safety Week were about Small and medium-sized enterprises in Vietnam

12.4- Summary of OSH programs/activities in agriculture. - The main themes of the 5th and 6th National Week on Occupational Safety

and Health and Explosion and Fire Prevention and Fighting were occupational safety and health in agriculture.

- The Prime Minister issued Directive No 20/2004/CT-TTg dated 8 June 2004 on further steering and implementing occupational safety and health in agriculture. After that, many ministries, industries and localities actively implemented OSH activities in agriculture such as issuing instruction documents, speeding up and building action plans in agricultural production.

- The Ministry of Labor, Invalids and Social Affairs held seminars at national level on the development of occupational safety and health policies in agriculture and training in occupational safety and health in agriculture. The seminars introduced Convention 184 and Recommendation 192 on occupational safety and health in agriculture. Activities such as compiling, providing and disseminating documents and training in occupational safety and health in agriculture were conducted.

- The Ministry of Health has carried out many studies and research on work conditions and workers’ health in agriculture, implementing the programme on improvement of agricultural workers’ health, conducting training courses for OSH improvements, improvement of work conditions, taking care of agricultural workers’ health, conducting a national OSH workshop as well as the draft action plan for this activity.

- On 11th October, 2004, the Minister of Health issued the Instruction No. 07/2004/CT-BYT enhancing the guidance and organization of OSH in taking care of agricultural workers’ health.

Ministry of Agriculture and Rural Development: ▪ Issuing documents on supplements and amendments to technological

processes in agricultural production, holding training courses for managers in enterprises, setting up Labour Protection Council and OSH network for guiding, monitoring and supervising Labour Protection performance, disseminating information and training for labourers, adjusting the system of books monitoring occupational diseases and accidents, actively following mechanisms on personal protective equipment

▪ Guiding units to set up Labour Protection plans, investing thousands of VND to improve technology, working conditions and the environment in dangerous and hazardous sectors. Ministry expenses for labor protection in 2004 reached almost VND15 billion.

▪ Establishing National Week on OSH and Explosion and Fire Prevention and Fighting Steering Committee. 16 members, headed by the Deputy Minister

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and Department of Agriculture and Forest Product Processing, make up the Standing Board under the ministerial Steering Committee.

▪ Continuing to implement the General Epidemic Management programme ▪ Strengthening the OSH requirements for machinery in agriculture through the

addition of OSH functions and responsibilities and Explosion and Fire Prevention and Fighting for Forest Product Department.

12.5- Summary of programs for controlling occupational diseases such as silicosis, asbestosis and poisoning. The national action program on preventing and controlling occupational diseases, especially silicosis. The program is aimed at enhancing knowledge on the prevention and diagnosis of silicosis, partly contributing to reducing and eliminating this disease. The targets for the period 2000-2005 are to set up the strategy and training model to enhance the awareness of silicosis, including prevention and control of the disease, and to train teams of lecturers in units where there is a risk of silicosis in a bid to promptly implement training and communication activities in these units.

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13. OSH RESEARCH ACTIVITIES DURING 2000 -2005 13.1- List of research theses 13.1.1- State- level theses

No Name of thesis Time frame Presider 1 Study on current typical working conditions

and occupational health in medical staff and recommendations for solutions

2004 – 2006 National Institute of Occupational Health and Environmental Hygiene and Preventive Medical Center, Ministry of Health

2 Study on the status of health and diseases among residents of mining and quarrying areas and prevention of some newly appeared and related diseases

2001 - 2004 National Institute of Occupational Health and Environmental Hygiene, Ministry of Health

3 Study on diseases at schools relating to ERGONOMICS, and solutions

2001 – 2004 National Institute of Occupational Health and Environmental Hygiene, Ministry of Health

4 Study on mental health of Vietnamese in the transition process to market economy and solutions for intervention

2001 – 2004 Institute of Mental Health, Bach Mai Hospital

5 State-level thesis KHCN – DL – 02: Study on scientific bases for development of the standard system and management system of OSH compatible with socio-economic development, contributing to the protection of workers’ health in regional and international integration processes

2000 -2003 National Institute of Labour Protection

6 State management functions on protection of environment at State-level: Build up action plan for improvement of awareness of protection of environment for workers compatible with the socio-economic development of the country in new stage

2000 – 2004 National Institute of Labour Protection

7 State management functions on protection of environment at State-level: “Investigation, evaluation and development of the list of dust and toxic gas controls to minimize environmental pollution and collect raw materials in some industries”

2003 - 2005 National Institute of Labour Protection

8 Sub-thesis at State level: Study on the manufacture of some respiratory protective equipment against silicosis for workers in casting, material production and coal mining industries” Under the independent thesis on silicosis

2002 – 2003 National Institute of Labour Protection

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13.1.2- Ministerial level theses No Name of thesis Time frame Presider 1 Development of the list of occupational diseases Annually Ministry of Health 2 Assessment of organic solvent concentration in the

air and situation of occupational hygiene in some enterprises producing and using paint in Hanoi

2001 – 2003

3 Study on cadmium poisoning caused by occupational exposure, proposal for adding it to the list of occupational diseases

2001 – 2003

4 Study on the actual situation of HIV/AIDS occupational infection for adding to the list of occupational diseases

2001 – 2003 Ministry of Health

5 Study and assessment of respiratory disorders in workers exposed to silica dusts and cotton dusts, and solutions

2001 – 2003 Ministry of Health

6 Study on working conditions and occupational hazards in workers raising poultry and cattle

2003 – 2005 Ministry of Health

7 Study on typical working conditions and the health of medical staff, and solutions

2004 – 2006 Ministry of Health

8 Study on the current situation of working conditions affecting the health of workers in aquaculture, solutions for improvements of the working conditions, preventive intervention for the protection of health of aquaculture workers

2003 – 2005 Ministry of Fisheries

9 Solutions for implementation of the State regulations on OSH in non state-owned small and medium-sized enterprises (Code: CB 2001 – 09)

2001 Ministry of Labours – Invalids and Social Affairs

10 Development of the documents regulating administrative punishment for violation of the work environment (Code: CB 2002 – 04 -02)

2002 Ministry of Labours – Invalids and Social Affairs

11 Development of indicators for assessment of the environment in sanatoriums under MOLISA (Code: CB 2002 – 04 -02)

2002 Ministry of Labours – Invalids and Social Affairs

12 Establishment of the occupational accident and occupational diseases compensation fund (Code: CB 2003 – 01 – 10)

2003 Ministry of Labours – Invalids and Social Affairs

13 Evaluation of the trend of increasing overtime workin non state-owned enterprises, causes and solutions (Code: CB 2004 - 03 - 01)

2004 Ministry of Labours – Invalids and Social Affairs

14 Study on the use of solar energy to provide power for production and consumption in the Strategy of Clean energy Exploitation to protect the environment

1998 – 2000 National Institute of Labour Protection

15 Assessment of occupational health and safety in agriculture

1998 – 2000 National Institute of Labour Protection

16 Prevention of asbestos dust in asbestos materials production industry

1998 – 2000 National Institute of Labour Protection

115

No Name of thesis Time frame Presider 17 Initial assessment of working conditions in Cuu

Long Delta 1998 – 2000 National Institute

of Labour Protection

18 Study, assessment and review of occupational safety during 1991 – 2000 in some electrical, mechanical and chemical plants in the North. Solutions to improve the effectiveness of occupational health and safety in enterprises

2000 – 2001 National Institute of Labour Protection

19 Study and assessment of the effects of vibration, generated by equipment and machinery used in building roads and bridges, on the health of operators and its consequent affect on the structural safety of construction works in Vietnam

2000 – 2001 National Institute of Labour Protection

20 Study on the risk of hearing capacity reduction; of changing some biochemical indicators and solutions to improve working conditions to protect the health of workers exposed to toxic chemicals

2000 – 2001 National Institute of Labour Protection

21 Situation, reason and effect of dust pollution on the health of workers and the surrounding community in mining areas in Quang Ninh Province. Planning economic solutions for reduction of pollution and limitation of harm

2000 – 2001 National Institute of Labour Protection

22 Study on incineration system for solid wastes from the production of leather shoes to protect the environment

2001 – 2002 National Institute of Labour Protection

23 Study on material package of scrubbers to clean emissions from boilers

2001 – 2002 National Institute of Labour Protection

24 Study on the environment and working conditions in salt production enterprises in coastal areas of the Southern Western area. Solutions for improvement of working condition for salt producers

2001 – 2003 National Institute of Labour Protection

25 Research on the implementation and use of an evaluation system on dust and respiratory protection equipment

2001 – 2003 National Institute of Labour Protection

26 Experimental research on some physiological changes in terms of heat to develop some indicators to evaluate the physical work capacity of Vietnamese workers in hot and humid climates

2001 – 2004 National Institute of Labour Protection

27 Research on application of information technology in management and exploitation of the information on OSH

2001 – 2002 National Institute of Labour Protection

28 Study for completing the OSH norms and developing an OSH management profile in Vietnam

2001 – 2002 National Institute of Labour Protection

29 Assessment of health situation and hearing capacity of workers exposed to organic solvents

2002 – 2003 National Institute of Labour Protection

30 Overview of current situation for treatment of 2002 – 2003 National Institute

116

No Name of thesis Time frame Presider emissions from incinerators and management of incinerators in Vietnam

of Labour Protection

31 Study on the ability and effectiveness of some basic physical – chemical processes in industrial waste water treatment processes

2002 – 2004 National Institute of Labour Protection

32 Research on the use of active coal produced in the country to treat odour pollutions in some industrial sectors

2002 – 2004 National Institute of Labour Protection

33 Assessment of situation of environment and working conditions in some typical handicraft villages in the Centre. Solutions to improve productivity and health care of workers

2003 – 2004 National Institute of Labour Protection

34 Research on some new kinds of dust cleaning devices with high dust efficiency and easy to use in small and medium-sized enterprises

2003 – 2004 National Institute of Labour Protection

35 Assessment of occupational accidents in the use of harvesting machines and comprehensive solutions for safe use

2003 – 2004 National Institute of Labour Protection

36 Study of the effects of vibration on the health of workers using hand-held vibrating equipment. Evaluation and solutions for limitation of the impact of vibration

2003 – 2004 National Institute of Labour Protection

37 Research on the application of some solutions for improvement of living environment and working conditions for workers and officers in remote areas

2003 -2004 National Institute of Labour Protection

38 Research on improving the production of ventilators with Z-profile blades to be used in industrial ventilation

1999 - 2001 National Institute of Labour Protection

39 Research on improving the production of cleaning devices for Toxic gases used in industrial ventilation

2000 - 2001 National Institute of Labour Protection

40 Research on improving the technological processes of production of dust cleaning devices

1998 – 2001 National Institute of Labour Protection

41 Improving pilot technological production of fall restraint harnesses

2003 - 2005 National Institute of Labour Protection

42 Improving technological production of gas cleaning devices for incinerators

2003 – 2005 National Institute of Labour Protection

43 Hazardous work involved in ship repairs 2000 – 2001 44 Research on manufacturing electrostatic precipitator

with low capacity 2000 – 2001 National Institute

of Labour Protection

45 Research on manufacture of skin protection cream for workers exposed to water in fish processing factory

2000 – 2001 National Institute of Labour Protection

46 Study for proposing solutions ensuring radiation safety for staff of nuclear medical units and

2000 – 2001 National Institute of Labour

117

No Name of thesis Time frame Presider surrounding environment Protection

47 Study on optical working conditions; indicators and solutions for improvement of the comfortable lighting conditions for leather and footwear industry

2001 – 2002 National Institute of Labour Protection

48 Study on Ergonomics and working conditions of workers in malt production villages; proposals of model for rearrangement, ensuring productivity and workers’ health, protecting environment

2001 – 2002 National Institute of Labour Protection

49 Study on the working conditions and health of female workers in sectors with exposure to silica dust

2001 – 2002 National Institute of Labour Protection

50 Evaluation of the quality of water resource; proposal for treatment of the water surface in supplying water for workers in remote area in A Luoi – Thua Thien Hue

2001 – 2002 National Institute of Labour Protection

51 Research for designing and installing of testing system for dynamic durability of safety belt

2001 – 2002 National Institute of Labour Protection

52

Research on the effect of pesticides on workers’ health in packaging processing unit

2001-2002 National Institute of Labour Protection

53 Study on impact of hazards on workers’ health in leather and footwear units and proposed solutions to protect workers’ health and increase productivity in this sector in Southern provinces.

2001-2002 National Institute of Labour Protection

54 Evaluation on protective ability of Vitexin in protecting workers exposed to organic solvents in paint technology

2001-2002 National Institute of Labour Protection

55 Study on typical design and preparing directory of dust collection devices applied to industries

2001-2002 National Institute of Labour Protection

56 Study on building a procedure to analyse mercury and arsenic in water and industrial exhaust fumes by method on electrode of revolution golden disk

2001-2002

National Institute of Labour Protection

57 Study on impact of dust on workers’ health in rice processing factories, identifying diseases and recommending solutions to improve working conditions and protect workers’ health

2002-2003 National Institute of Labour Protection

58 Assessment of electrical accidents in agricultural production and some recommendations on solutions to minimise accidents

2004-2006 National Institute of Labour Protection

59 Study and recommendations on respiratory protective equipment for labourers exposed to poisonous chemical mists

2004-2006 National Institute of Labour Protection

60 Solutions to improve environmental and working conditions in some high risk handicraft villages in order to protect labourers’ health.

2004-2006 National Institute of Labour Protection

61 Study on building mobile unit for examination of occupational health and diseases of workers in

2004-2006 National Institute of Labour

118

No Name of thesis Time frame Presider remote areas Protection

62 Study and assessment of effects on workers’ who are exposed to high voltages; recommendations

2004-2006 National Institute of Labour Protection

63 Study on application of some general solutions to improve environmental and working conditions for labourers at high risk in Central area and highlands

2004-2006 National Institute of Labour Protection

64 Assessment of lead pollution and its effect on public health in Ho Chi Minh city

2004-2006 National Institute of Labour Protection

65 Study on building training programmes and disseminating solutions to improve the effectiveness of delivering OSH knowledge to workers in small and medium-sized enterprises, compatible with current economic development period.

2004-2006 National Institute of Labour Protection

66 Code 205/01/TD-TLD: Study on proposals for comprehensive solutions to improve environmental and working conditions for typical groups of residents aimed at raising living standards for labourers in remote areas.

4/2005-4/2007

National Institute of Labour Protection

67 Code 205/02/TD-TLD: Study on proposals of scientific basis for building some Code of conduct into Social Accountability Standards for small and medium-sized enterprises, aimed at creating more benefits for labourers and sustainable development

6/2005-6/2007

National Institute of Labour Protection

68 Code 205/03/TD-TLD: Study on solutions to improve effectiveness of trade union activities in implementing basic democratic regulations in non state-owned enterprises.

3/2005-3/2007

National Institute of Labour Protection

69 Code 205/01/TLD: Study on establishment of waste treatment technological procedures for some processing stages at high risk of causing pollution in chemical sector

7/2005-30/6/2007

National Institute of Labour Protection

70 Code 205/02/ TLD: Study on selecting and manufacturing personal protective equipment for employees in construction of high-rise buildings

6/2005-31/5/2007

National Institute of Labour Protection

71 Code 205/03/TLD: Study on recommendations for applying proper lighting solutions, saving electricity in some production processes with strict requirement of lighting quality

7/2005-30/6/2007

National Institute of Labour Protection

72 Code 205/04/TLD: Assessment of noise and its effect on employees’ health in mechanical and ship building industries and recommendations on reducing the effects of noise.

8/2005-31/7/2007

National Institute of Labour Protection

73 Code 205/05/TLD: Assessment of employees’ fatigue in production line of leather and footwear sector and recommendations on health solutions for protecting employees’ health and raising productivity

8/2005-31/7/2007

National Institute of Labour Protection

119

No Name of thesis Time frame Presider 74 Code 205/06/TLD: Study on setting up and

compiling different situations ensuring OSH and environment protection in some production sectors in Central area; suitable dissemination and training for various kinds of production

8/2005-31/7/2007

National Institute of Labour Protection

75 Code 205/07/TLD: Environmental working conditions and occupational health in latex processing factories–Situation and solutions

8/2005-31/7/2007

National Institute of Labour Protection

76 Code 205/08/TLD: OSH Assessment of environmental pollution caused by small and medium-sized enterprises in Districts near Ho Chi Minh city and its effect on labourers’ and residents’ health

8/2005-31/7/2007

National Institute of Labour Protection

77 Code 205/09/TLD: Impact of market economy on employment, daily life of female workers and labourers in non state-owned enterprises and function of Trade Union

7/2005-2/2007

National Institute of Labour Protection

78 Code 205/10/TL§: Socio-economic policy for officers and staff in Socialist oriented market economy in Viet Nam. Situation and Solutions.

8/2005-31/7/2007

National Institute of Labour Protection

79 Project code 205/01/DA-TLD: Manufacture of some kinds of dust respirators

3/2005-3/2006

National Institute of Labour Protection

80 Project code 205/02/DA-TLD: Completion of production technology of hoods used in labs with poisonous chemicals

3/2005-3/2006

National Institute of Labour Protection

81 Ministerial task 205/01/NV-TLD: Developing dissemination, promotion and implementation programmes applying science technology results to OSH and environment protection for small and medium-sized enterprises and labourers in agricultural sector

National Institute of Labour Protection

82 Ministerial task 205/02/NV-TLD: Developing pilot training programmes at work places and enhancing awareness of OSH for Vietnamese working abroad

National Institute of Labour Protection

83 Evaluation of work conditions and female workers’ health in agriculture

2002 – 2004 Ministry of Health

Source: Ministry of Science and Technology, of VGCL and MOLISA

120

13.2- Surveys and projects No. Name of survey/project Time frame 1 Basic survey on labour protection 1996 – 2000 2 Survey on compensation for occupational accidents from

employers to employees according to the regulations of Labour Code

2001 - 2003

3 Survey on the current situation of work conditions and OSH in small enterprises

2003

4 Investigation on the awareness of farmers, conducting pilot training courses for improvement of the awareness for protection of OSH in the use of agro-chemicals in agriculture

2003

5 Development of the terminologies of OSH (under the Project between FES Institution of Germany and MOLISA)

2003- 2004

6 Implementation of the Project on Capacity Building of OSH in Agriculture (RAS/04/M01/JPN)

2004 - 2007

7 Evaluation of the current situation of work environments in non State-owned small and medium-sized enterprises

2004

8 Survey on working conditions, OSH in mining companies (2004)

2004

9 Project on “Working condition improvement” under the Business Sector Programme Support funded by Denmark

2005 - 2009

10 National Programme on Silicosis Prevention 1999 – 2005 11 Project on Health care for workers 2004 – 2005, 2006 -

2007

121

14. ESSENTIAL ACTIVITIES FOR THE PROMOTION AND IMPROVEMENT OF OCCUPATIONAL SAFETY AND HEALTH PROGRAMS AND ACTIVITIES AT NATIONAL LEVEL WITH A VIEW TO STRENGTHENING OCCUPATIONAL SAFETY AND HEALTH IN THE WORKPLACE

- Building capacity and strengthening the labour protection management system to complement the industrialization and modernization process of the country, particularly: ▪ Reviewing and eliminating the overlap in legislative documents ▪ Strengthening the OSH statistical and reporting systems, eliminating

overlap complexity and improving the practicalities ▪ Setting up the regulations on standards and requirements of OSH teachers,

staff or specialists ▪ Continuing the training of labour inspectors in professions and skills in

which special attention is paid to labour inspectors in localities ▪ Training and improving the professional capacity for the supervision

system in the work environment, including training, improving the capacity of staff, providing adequate equipment to take and analyse samples

▪ Improving the capacity for health checks, defining occupational disease by implementing training courses on the relevant skills, providing adequate equipment for occupational disease checks and expertise

▪ Developing chemical safety data systems and information - Setting up comprehensive training strategy on OSH for Vietnam

▪ Socializing the training in OSH through completion of the OSH training policy aimed at management of the activities, and evaluation of organization of training courses and the quality of training in training centers;

▪ Investing in the construction of some OSH training centers and the development of training documents from State’s Budget

▪ Using OSH experts in industries and retired experts to conduct the training courses

▪ Boosting the training for both professional and part-time OSH trainers and those having a combination of tasks

▪ Accelerating teaching and learning on OSH in educational, training, vocational training systems and even in the pre-schools in order to set up a safety culture

▪ Strengthening the cooperation between MOLISA and Ministry of Education and Training in teaching OSH.

- Improving the effectiveness of scientific research activities through MOLISA’s collaboration with Ministry of Science and Technology on the management of OSH research

122

- Improving the capability and effectiveness of the supervision of technical safety verification

- Intensifying the activities of the National Information Network on OSH; improving the exchange of information among related State management offices, scientific research units, labour inspectors and sectors and localities. Setting up a mechanism for OSH information exchange among industries, localities and agencies who are responsible for assisting the Government in OSH management, including management and guidance, inspection and checking, information, training and scientific research.

- Improving the effectiveness of the public bodies involved in labour protection, occupational health and safety.

- Giving priority to activities that minimize occupational accidents in mining and quarrying, use of electricity and construction, in small and medium-sized enterprises and handicraft villages which have high risk potential.

- Continuing the prevention of occupational accidents and diseases in agriculture and the rural sector.

- Establishing the occupational accidents and occupational diseases compensation fund.

123

ANNEXES

ANNEXE 1: 13 HARMFUL WORKING CONDITIONS FROM WHICH YOUNG WORKERS ARE PROHIBITED

1. Heavy work (average energy consumption is over 5 Kcal/minute and average

heart beat is over 120/minute.) 2. Working in uncomfortable positions or in places of poor air quality; 3. Having direct exposure to chemicals that may cause gene damage, adverse

affect on cell metabolism, adverse effects on reproductive functions (such as testicular insufficiency, ovarian insufficiency), cancer, as well as occupational diseases.

4. Working in contact with harmful elements that may cause infectious diseases; 5. Working in contact with radio-active substances (including radio-active

machines) 6. Working in contact with electromagnetic fields exceeding the permitted

standards 7. Working in workplaces with vibration exceeding the permitted standards 8. Working in workplaces where the temperature is over 45°C in the

summer and 40oC in the winter, or workplaces affected by high thermal radiation.

9. Working in workplaces where the pressure is higher or lower than atmospheric pressure;

10. Working in mines; 11. Working at heights and where there are sheer drops; 12. Working in workplaces unsuitable for young worker's minds and

psychological wellbeing; 13. Working in workplaces that may negatively influence the development of

young workers' personalities

124

ANNEXE 2: LIST OF 81 OCCUPATIONS PROHIBITING THE

EMPLOYMENT OF YOUNG WORKERS 1. Direct boiling, pouring and transporting of hot melted molten metal,

disassembling moulds and cleaning moulded products - Arch electric kiln (irrespective of capacity) - Horizontal steel refining kiln - Car tunnel steel kiln - Blast furnace - Rotary kiln (for pig-iron)

2. Rolling hot metal 3. Refining non-ferrous metal ore (bronze, lead, tin, mercury, zinc, silver) 4. Firing kiln for refining coke 5. Firing steam engines 6. Welding in air-tight tanks, welding over 5 meters above the ground 7. Digging wells in mines 8. Digging mines and doing other work in mines or working in deep holes

overmore than 5 meters deep 9. Hewing rock on mountains 10. Installing oil rigs 11. Working on off-shore oil- rigs (except for health and social services) 12. Drilling for oil and gas wells 13. Drilling to explorefor exploration, drilling holes for mines, lighting mines 14. Using portable steam machines having a pressure of 4 atmospheres and over

(drilling, hammering machines). 15. Driving motor vehicles 16. Operating bridge cranes, cantilever cranes, portal cranes and electric hoists

(except hand chain hoists) 17. Hooking or attaching loads to bridge cranes, cantilever cranes, portal cranes

and electric hoists. 18. Operating lifts for passengers with goods;, or goods lifts; lift trucks. 19. Driving heavy-duty trucks such as excavators, bulldozers... 20. Driving farm tractors 21. Operating mud dredgers 22. Operating boilers 23. Operating fiber-starching machines 24. Rolling hard and large leather pieces 25. Conducting river surveys 26. Underwater concreting 27. Diving 28. Working in submerged tanks

125

29. Working in air planes 30. Repairing electric lines in underground sluices or on open-air power line

poles, high-voltage power lines; installing high voltage power line poles 31. Installing, repairing underground or suspension communication cables 32. Uprooting trees having a diameter of over 40 cm 33. Felling biglarge trees; cutting high branches 34. Transporting biglarge tree trunks of wood; loading and unloading them by

hand 35. Floating rafts on rivers with many waterfalls 36. Feeling, catching and lifting timber from under the water by hand, gathering

and rolling timber to the overshore. 37. Sawing by hand 38. Working ion scaffolding, or working in saddle scaffolding that is located

higher than 5 m, or other similar occupations 39. Assembling, disassembling and repairing scaffolds.ing 40. Exploiting sallagane nets, bat manure 41. Working on ocean-going ships 42. Guarding ships near sheer rocky shores 43. Working alone on railways; in mountain tunnels in mountain; in underground

constructions; in places reducing eyesight where visibility reduced to under 400 meters; or in inaccessible places

44. Moving carriages in garages or on railways 45. Operating disk or annular sawing -machines 46. Feeding or operating rock-grinding machines 47. Operating planing machines 48. Operating or metal processing with compression, steam pressure or electric

forging, striking, pressing and cutting machines 49. Installing, repairing, cleaning all kinds of compression, steam pressure or

electric forging, striking, pressing and cutting machines 50. Working in ship-building involving and handling loads over 30kg 51. Load handling limits;:

Age groups On and off Occasional handling Continuous handling

From 15 years (180 months) to under 16 years (192 months)

Female : 12 kg Male : 15 kg

8 kg 10 kg

From 16 years (192 months) to under 18 years (216 months)

Female : 25 kg Male : 30 kg

15 kg 20 kg

52. Operating or being on duty in low, medium or high voltage power stations 53. Checking, repairing or fixing 700v direct or 220 alternating current circuits 54. Lighting oil burning machines consuming 400 litres per hour

126

55. Manufacturing, using, or transporting dangerous substances such as explosive materials, inflammable substances, oxygen, gas, guns, ammunition and fire-crackers very likely to cause explosion and fire;

56. Operating acetylene, oxygen, hydrogen, chlorine and other liquefied gases processing and bottling systems;

57. Operating freezing systems (ice producingtion and congealing) 58. Working in workplaces where the amount of dust, rock or cement powder,

coal dust, animal hair exceeds the permitted standards; 59. Repairing kilns, air-tight towers and pipes conducting chemicals; 60. Working in tobacco fermenting and cigarette drying kilns; 61. Burning glass melting kilns and blowing glass by mouth. 62. Rinsing paraffin in alcohol tanks 63. Working in contact with gasoline in cellars, such as receiving, delivering,

maintaining, operating petrol pumps and petrol gauges 64. Sorting out lead minerals 65. Laminating, pulling and striking lead products or lead-plated products; 66. Vulcanising, forming and handling big sized large rubber products in, such as

in biglarge fuel tanks and containers, motor car tyres; 67. Working in contact with organic solvents such as embalming sleepers, laying

emulsion of photographic paper, printing patterns on thin materials, printing labels on thin and smooth paper., laminating phenol plastic, operating phenol glue multi-condenser pots;

68. Dredging underground sluices; working in dirty water. 69. Burning down and killing cattle; 70. Operating on dead bodycorpses, preparing dead body corpses for coffin,

burying and exhuming graves; 71. Working in prisons or in mental hospitals; 72. Working in pubs, dance halls, or working in entertainment services; 73. Feeding wild beasts and poisonous animals; 74. Working in workplaces affected by radio-actionvity, X-rays and other

harmful raysdiation. 75. Working in radio, TV radar and telecommunication stations; 76. Working in direct contact with chemicals causing genetic damage, such as

- 5 Fluoro-uracil - Benzene

77. Working in direct contact with chemicals causing harm to reproductive functions, such as: - Estrogen; - Axial cCis- ret'inoic acidd; - Carbaryl; - Dibromouaclchloroo propane (DBCP); - Toluene diamine and dinitrotoluene;

127

- Polychlorinated biphenyls (PCBs); - Polybromuainated biphenyls (PBBs).

78. Working in direct contact with likely-to-cause-cancer-causing pesticides, and herbicides containing the following chemicals: - 1.4 butanediol. dimethyl sulpfonhate; - 4 aminobiphenyl; - Asbestos (amosite., Crocidolite., Chrysotile) - Arsenic., Calcium Arsenicate - Dioxins; - Dichloromethyl-ether; - Precipitate Insoluble Chromate (VI) compounds; - Coal-plastictar and coal- gas; - Cychlophosphamitde; - Diethylstilbestrol; - 2 Naphthylamine; - N., N - di (Cchloroetheryl).; - 2. Naphthylamine; - Thorium dioxide; - Theosulphan; - Vinyl chloride. vinyl chloride; - 4- amino. 10- methyl flolic acid; - Mercury, methyl mercury compounds, methyl mercury chloride; - Nitrogen pentoxide; - 2.,3.,7.,8 tetrachloro dibenzeneo furan; - 3-( alphaphenyl- beta acetylethyl)-4-hydroxycoumarin axetyletyl; - Axcetyl salicylic acid; - Asparagine; - Benomyl; - Boric acid; - Caffeine; - Dimethyl sulphuric; ate - Direct blue-1; - Focrmamide; - Hydrocortisone., Hydrocortisone acetate; - Iodine (metalmethyl); - Lead., lead acetate lead., lead nitrate lead (handling contact with paint,

petrol or ink containing lead, producing battery. production, lead welding); - Mercapto. purine; - Kalium bromua. kalium iodua; Potassium bromide, Potassium iodide - Propyl- thio- uracil; - Ribavirin;

128

- Natrium asenat. natri Arsenic. natri iodua. natri salixylat; Sodium arsenate, sodium arsenite, sodium iodate, sodium salicylate

- Tetramethyl thiuram disulphide; - Triamcicnolone acetonide; - Triton WR-1339; - Trypan blue; - Valproic acid; - Vincristine sulphate; - Vinazol gas.

79. Working in contact with the following chemicals without adequate personal protective equipment to prevent for toxic gases, fumes and dust: - Carbonic monoxide (CO): such as operating kilns discharging coal-gas or

cinders. - Dye chemicals with origin of aniline, cylesinxylidine, tolusidine, auramine; - Cyanide compounds - Phosphorus and compounds: P2O5., P2S5., PCl3., H3P; - Trinitrotoluene (TNT); - Manganese dioxide (MnO2); - Photsgeine (COCl2); - Carbon Ddisulphide carbon (CS2 ); - Nitrogen oxide and nitrogenic acid; - Chlor and chlohydric hydrochloric acid; - Sulphuric Aanhydritde sulphuric and sulphuric acid; - Calcium Carbide (CaC2) such as in operating open Calcium Carbide kilns

or disposing of cinders. 80. Working in direct contact with pharmaceutical products and their components,

which is likely to cause addictioncan be addictive, such as products containing morphine, ephedrine and a seduxenativet;

81. Working daily in daily contact with anaesthetics in emergency and Recovery Departments and Infection sections of health services, in centres for intravenous infusion, in establishments producing vaccines, in health stations using short waves and ultra-sounds in treatment or taking part in suppressing epidemics.

129

ANNEXE 3: LIST OF STATE STANDARDS AND NORMS ON OSH

(issued by Directorate for Standards and Quality)

No

Code (according to Vietnamese Standard)

Name

General standards

1 2287 - 78 System of standards on occupational safety. Basic regulations

2 2288 - 78 Dangerous and harmful elements in production – classification

3 2289 - 78 Production process – general requirements for safety

4 2290 - 78 Production equipment – general requirements for safety

5 2291 - 78 Protective equipment for workers – classification

6 3153 - 79 System of standards on occupational safety – fundamental definitions – terms and definitions

7 3157 - 79 Terms and fundamental definitions of labour protection

Safety standards on toxic substances

8 3164 - 79 Toxic substances – classification and general requirements for safety

9 3570 - 91 General requirements for biological safety

10 4044 - 85 Norms on marine pollution caused by ships

11 4512 - 88 Norms on seaborne transport of dangerous cargo

12 5507 - 91 Dangerous chemicals – safety norms in production

Prevention from fire and explosion

13 1769 - 75 Collection for refinement of ferrous metals. Safety requirements for explosion prevention during processing and refining

130

No

Code (according to Vietnamese Standard)

Name

14 2622 - 95 Fire prevention and fighting for houses and constructions – design requirement

15 3254 - 89 Fire safety: general requirements, replacing TCVN 3524-79

16 3255 - 86 Explosion safety – general requirements, replacing TCVN 3255 - 79

17 3890 - 84 Fire extinguishing equipment and devices: replacement, maintenance, test

18 3991 - 85 Standards on fire prevention and fighting in construction design: terms and definitions.

19 4007 - 85 Norms on classification and building of steel covered ships: fire prevention and fighting

20 4337 - 86 Barge for petrol and oil delivery: measurement technical requirements

21 4532 - 88 Petrol and oil distribution stations

22 4586 - 97 Safety norms in preservation and transport of explosives, replacing TCVN 4586-88.

23 4878 - 89 (ISO 3841-1977) fire classification

24 4879 - 89 (ISO 6309-1987) fire prevention, safety signs

25 4933 - 89 (ISO 6826-1982) piston-type internal engine – fire prevention

26 5040 - 90 ( ISO 6690 - 1986 ) Equipment for fire prevention and fighting – technical requirements

27 5279 - 90 Fire and explosion safety – fire dust – general requirements

28 5314 - 91 Sea rig – norms on classification and design; fire prevention and fighting

29 5303 - 90 Fire safety: terms and definitions

131

No

Code (according to Vietnamese Standard)

Name

30 5684 - 92 Safety for petrol and oil constructions – general requirements

31 6174 - 97 Industrial explosives – safety norms in production and take-over, fire test

Artificial lighting

32 2062 - 86 Artificial lighting in textile factories and enterprises using cotton fibre

33 2063 - 86 Artificial lighting in mechanical factories

34 3257 - 86 Artificial lighting in industrial textile enterprises

35 3258 - 86 Artificial lighting in shipyards

36 3743 - 83 Artificial lighting in factories and industrial constructions

37 4213 - 86 Artificial lighting in rubber processing enterprises

38 4436 - 86 Light sources – light parameter measuring methods

39 4691 - 89 Lighting electric lights – general safety requirements

40 5176 - 90 Artificial lighting, luminance measuring methods

Provision of PPEs

41 1598 - 74 Anti-dust masks

42 1599 - 74 Protective clothes for workers in the metallurgy industry

43 1594 - 74 Protective clothes for male workers in the metallurgy industry

44 1600 - 83 Protective clothes for male workers

45 1601 - 83 Protective clothes for female workers

46 1841 - 76 Protective gloves made of leather, leatherette and canvas

132

No

Code (according to Vietnamese Standard)

Name

47 2603 - 87 Protective helmets for pit workers

48 2604 - 78 Protective clothes for workers exploring for oil and gas

49 2605 - 78 Protective clothes for male workers exploring for oil and gas – technical requirements

50 2606 - 78 Hand protective equipment – classification

51 2607 - 78 Protective clothes – classification

52 2608 - 78 Protective shoes made of leather and fabric – classification

53 2609 - 78 Protective goggles – classification

54 2610 - 78 Protective clothes – list of qualitative criteria

55 3154 - 79 Personal protective equipment – sight field defining method

56 3155 - 79 Protective shoes made of leather and fabric – list of qualitative criteria

57 3156 - 79 Hand protective equipment – list of qualitative criteria

58 3579 - 81 Protective goggles – colorless glasses

59 3580 - 81 Protective goggles – eye protecting light filter

60 3581 - 81 Protective goggles – general technical requirements and test methods

61 3740 - 82 Industrial toxin filtering mask and semi-mask – filtering box – Measure for defining effective time for filtering box protection for gas substances

62 3741 - 82 Filtering box used for industrial mask with carbon oxide

63 3742 - 82 Filtering box used for industrial mask with gas toxicants

64 4357 - 86 Protective shoes for workers going to rubber plots

133

No

Code (according to Vietnamese Standard)

Name

65 4498 - 88 Collective protective equipment to prevent ionizing radiation

66 4530 - 88 Physiological methods for personal equipment

67 4742 - 89 Protective clothes used for workers going to rubber plots

68 5039 - 90 Eye protective equipment, ultraviolet ray filter

69 5082 - 90 Eye protective equipment – technical requirements

70 5083 - 90 Personal eye protective equipment for weilding and relevant techniques, light filter

71 5111 - 90 Define working capacity of user of PPEs – physiological methods

72 5203 - 90 (ISO 2801-1973) heat and fire proof protective clothes – suggestions for users and people who are responsible for the use

73 5243 - 90 (ISO 2801-1973) Heat and fire proof protective clothes – general suggestions for users and people who are responsible for the use

74 5586 - 91 Insulated gloves (BBAD article 2.4).

machine and technological safety

75 02-75 safety norms for pressure vessel

76 09-77 safety norms for gas pipeline and hot water

77 2284 - 78 standards for one-phase welding transformer

78 2292 - 78 painting work – general requirements for safety

79 2293 - 78 wood processing – general requirements for safety

80 2294 - 78 metal thermal treatment – general requirements for safety

134

No

Code (according to Vietnamese Standard)

Name

81 2870 - 79 pressure relay from Pdn to 100N/cm2.

82 032 - 83 safety test process for pressure vessel

83 02 - 90 check process for pressure vessel

84 3146 - 86 electric welding work – general requirements for safety, replacing TCVN 3146-79.

85 3147 - 90 safety norms for unloading and loading – general requirements for safety, replacing TCVN 3147 - 79. Sx1(90).

86 3148 - 79 conveyor belt – general requirements for safety

87 3149 - 79 Making metal and inorganic covers – general requirements for safety

88 3152 - 79 sharpening tool – general requirements for safety

89 3187 - 79 standards for welding generator

90 3259 - 92 transformer and electric induction coil – safety requirements, replacing TCVN 3259 - 79. SX 1(92)

91 3288 - 79 ventilation system – general requirements for safety

92 23-81 norms on boiler safety

93 4162 - 82 auto tank – general requirements for safety

94 3748 - 83 metal processing machine – general requirements for safety

95 4163 - 85 hand-held electric machine – general requirements for safety

96 4206 - 86 refrigerating system – safety technique

97 4244 - 86 safety technique norms for lifting equipment

98 4245 - 86 safety and hygiene technique norms for production process using acetylene and oxygen for metal processing

135

No

Code (according to Vietnamese Standard)

Name

99 4530 - 88 standards for petrol and oil station design

100 2296 - 89 forging equipment – general requirements for safety, replacing TCVN 2296-78

101 4717 - 89 production equipment – safety guard – general requirements for safety

102 4723 - 89 wood processing equipment – general safety requirements for machine structure

103 4725 - 89 metal cutter – general safety requirements for machine structure

104 4726 - 89 safety technique – metal cutter – requirements for electric equipment

105 4730 - 89 burnt brick and tile production – general requirements for safety

106 4744 - 89 safety technique norms for mechanical establishments, replacing QPVN 10-77

107 4750 - 89 (ST SEV 2153-80) grindstone guard – basic dimensions and technical requirements

108 4755 - 89 (ST SEV 4474-84) crane – safety requirements for hydraulic equipment

109 5109 - 89 acetylene equipment – general requirements for safety

110 5178 - 90 safety technique norms in surface stone quarrying and processing, replacing QPVN 22-81.

111 5179 - 90 (ST SVE 5312 - 85) lifting and lowering machine – safety test requirement for hydraulic equipment

112 5180 - 90 (ST SEV 1727 - 86) electric palane (pallone) general requirements for safety

-

136

No

Code (according to Vietnamese Standard)

Name

113 5181 - 90 air compressor – general requirements for safety

114 5183 - 90 (ST SEV 499 - 77) metal cutter – specific safety requirements for structure of sharpening and polishing machines

115 5184 - 90 (ST SEV 500 - 77) metal cutter – specific requirements for driller structure

116 5185 - 90 (ST SEV 540 - 77) metal cutter – specific safety requirements for lathe structure

117 5186 - 90 (ST SEV 576 - 77) metal cutter – specific safety requirements for miller structure

118 5187 - 90 (ST SEV 577 - 77) metal cutter – specific safety requirements for horizontal boring machine structure

119 5188 - 90 (ST SEV 578 - 77) metal cutter – specific safety requirements for structure of plane, polisher.

120 5206 - 90 (ST SEV1718- 79) metal cutter – specific safety requirements for counterbalance and total force.

121 5207 - 90 (ST SEV1722-88) container lifting and lowering machine – requirements for safety

122 5208 - 90 (ST SEV 1723-88) lifting and lowering machine – safety requirements.

123 5209 - 90 (ST SEV 2689-80) lifting and lowering machine – safety requirements for electric equipment

124 5236 - 91 norms on surface mining

125 5308 - 91 safety technique norms in construction, replacing QPVN 14-79.

126 5331 - 91 acetylene equipment – safety requirements for gas generating vessel

137

No

Code (according to Vietnamese Standard)

Name

127 5332 - 91 acetylene equipment – safety requirement for structure of main equipment and technology

128 5334 - 91 electric equipment at oil depots and oil products - safety equipment norms on design and installation

129 5346 - 91 (ST SEV 5307 - 85) safety technique for boiler and hot water boiler – general requirements for durability measurement

130 5636 - 91 casting equipment – safety requirement

131. 5650 - 92 automobile and its brake system – safety requirement

132. 5662 - 92 tractor and agricultural machine – general safety requirement

133. 5663 - 92 refrigerating equipment – safety requirement

134. 5744 - 93 lifter – safety requirements for installation and use

135. 6004 - 95 replacing chapters I, II, III, IV, VI and VII in QPVN 23 - 81 – boiler.

136. 6005 - 95 replacing chapter V in QPVN 23 - 81 – boiler.

137. 6006 - 95 replacing chapters VIII, IX, X and XIV in QPVN 23 - 81 – boiler.

138. 6007 - 95 replacing chapters X, X - QPVN 23 - 81 – boiler.

139. 6008 - 95 replacing chapter V in QPVN 23 - 81 – boiler; chapters V, VI in QPVN 2 - 75 – pressure vessel

140 6153 - 96 replacing chapters I,II, III ; sections 1, 2, 3 and 4 in chapter IV; chapter V; section 1 in chapter X in QPVN - 2 - 75 – pressure vessel

141 6154 - 96 replacing section 6 in chapter IV; section 2 in chapter XI in QPVN 2 - 75 – pressure vessel

142 6155 - 96 replacing chapters VI,VII; sections 3, 4 in chapter X; sections

138

No

Code (according to Vietnamese Standard)

Name

3, 4 in chapter XI in QPVN 2 - 75- pressure vessel

143 6156 - 96 replacing section 2 in chapter X, section 2 in chapter XI and chapter XV in QPVN 2 - 75 – pressure vessel

electricity safety

144 2282 - 93 current converting and insulated knife switch

145 2295 - 78 electric cabinet of distributor and station of all-in transformer – safety requirement

146 2408 - 77 single phase electric hole and plug

147 2572 - 78 electricity safety board

148 3144 - 79 electric technique product – generals safety requirement

149 3145 - 79 circuit shutting and switching tool, voltage of 1000V – safety requirement

150 3195 - 79 magnetically controlled tangent point

151 3256 - 79 electricity safety – terms and definitions

152 244 - 85 switch, knifeswitch, fuse wire, fuse

153 4145 - 85 circuit switching equipment for protecting user installed in mobile machines and electric tools with voltage of 1000v.

154 4476 - 87 electric measuring tool – general requirement

156 5130 - 90 electric pot – technical requirement

157 2699 - 92 living electric tool – general safety requirement and test method

158 3259 - 92 transformer and electric induction coil – safety requirement, replacing TCVN 3259 - 79. SX 1(92)

139

No

Code (according to Vietnamese Standard)

Name

159 3620 - 92 revolving electric machine – safety requirement, replacing TCVN 3620 - 81. SX 1(92).

160 3623 - 81 electric switching tool with voltage of up to 1000V.

161 3661 - 81 distributor with voltage of up to 500 V

162 3661 - 82 distributor with voltage of up to 10KV

163 3718 - 82 electro-magnetic filed with radio frequency - general requirements for safety

164 4086 - 85 electricity safety in construction – general requirements

165 4114 - 85 electric technical equipment with voltage of more than 1000V – requirement for safety

166 4691 - 89 lighting electric light – general safety requirement

167 3787 - 83 electric relay – terms and definitions

168 4726 - 89 safety technique – metal cutter – requirement for electric equipment

169 4756 - 89 norms on earthing and neutral wire for electric equipment

170 4759 - 93 China isolator on electric grid with voltage of up to 35KV.

171 4912 - 89 tool with voltage of up to 1000V.

172 5180 - 90 (ST SEV 1727 - 86) Electric palane– general requirements for safety

173 5170 - 90 bracelet-type insulated porcelain with voltage of up to 35KV.

174 5172 - 90 insulator – electric durability requirement

175 5173 - 90 automatic electric shutter for current circuit of 6300A.

176 5174 - 90 automatic electric shutter with voltage of up to 1000V

140

No

Code (according to Vietnamese Standard)

Name

177 5556 - 91 lower voltage electric equipment –general requirement for electric shock prevention

178 5587 - 91 insulated pole (BBAD article 1.11)

179 5589 - 91 insulated carpet (BBAD article 1.8 and 1.9)

180 5588 - 91 insulated boot (BBAD article 2.4).

181 5626 - 91 insulated shoes – technical requirement

182 5627 - 91 insulated paper – test method

183 5628 - 91 insulated plank – technical requirement

184 5629 - 91 insulated plank – test method

185 5630 - 91 insulated sticking plaster – technical requirement

186 5631 - 91 insulated sticking plaster – test method

187 5659 - 92 production equipment – controller – safety requirement

188 5699 - 92 living electric use safety

189 5717 - 93 anti-thunder valve

190 5767 - 93 fuse with voltage of more than 1000V.

191 5768 - 93 knifeswitch with voltage of more than 1000V.

192 5769 - 93 China isolator in electric transformer. Force with voltage of more than 35KV.

hygiene and environment

193 3150 - 79 noise measuring method at workplace

194 3151- 79 method for defining noise property of machine

141

No

Code (according to Vietnamese Standard)

Name

195 3985 - 85 noise, permissible level at working points

196 4814 - 89 revolving electric machine – permissible level of noise

197 4815 - 89 revolving electric machine – defining noise level

198 5125 - 89 vibration – permissible levels at work place

199 5127 - 90 local vibration – permissible level for assessment

200 5136 - 90 noise – general requirement and measuring method

201 5182 - 90 metal cutter – permissible noise

202 5419 - 91 hand-held machine – permissible noise

203 5452 - 91 abattoirs – hygienic requirement

204 5508 - 91 atmosphere at microclimate workplace –measuring method

205 5509 - 91 atmosphere at silica noise workplace – permissible maximum concentration and assessment

206 5585 - 91 diving work – safety requirement

radiation protection and prevention

207 1638 - 75 picture symbols on the electric diagram – ionizing radiation detector.

208 3527 - 82 radioactive and semi radioactive waste, waste erasement, radioactive gas ion - terms and definitions

209 3728 - 82 radioactive waste and radioactive mixture.

210 4397 - 87 safety norms for ionizing radiation

211 4498 - 88 equipment for preventing collective from ionizing radiation – general technical requirement

142

No

Code (according to Vietnamese Standard)

Name

212 4985 - 89 norms on radioactive substance safe transport

213 5134 - 90 radiation safety – terms and definitions

System of alarming and warning

214 5041 - 90 (ISO 7731 - 1986) signals of danger at workplace – acoustic alert

215 5053 - 90 signal color and safety sign

216 5500 - 91 ( ISO 8201 - 1997 ) acoustics – acoustic signal for emergent evacuation

Industrial standards

217 Decision No 3733/2002/QD-

BYT dated 10/10/2002

Introducing 7 standards and 21 technical parameters on occupational health

218 Decision by the Ministry of

Health

Industrial health standards

219 TCN 66 - 77

norms on occupational safety technique of installation and application of water drainage and supply system

220 30TCN 057 - 78

canvas shoulder buffer

221 30TCN 073 - 78

protective gloves – take-over method

222 30TCN 074 - 78

canvas should suffer – take-over method

223 TCN 46 - 81 thunder prevention for constructions

224 TCN 23 - 81 safety norms for diving work

143

No

Code (according to Vietnamese Standard)

Name

225 TCN 45 - 85 safety technique norms for operation and repairing of mud sucking ship at the location

226 30TCN 257 - 85

protective gloves "GD 22" – test process

227 22 TCN 193 - 87

driver – health requirement

228 10 TCN 192 - 88

occupational safety norms for use of agro-machines

229 52 TCN 349 - 88

diver – health standards

230 22 TCN 203 - 91

technical safety regulations for rudimentary and small sized ships on rivers, lakes, bays

144

ANNEXE 4: LIST OF ILO CONVENTIONS RATIFIED BY VIETNAM

No. Name of convention Adopted date

1 C5: Minimum Age (Industry) Convention, 1919 Note: Denounced on 24th June, 2003 by ILC

10/3/1994

2 C6: Night Work of Young Persons (Industry) Convention, 1919 10/3/1994

3 C14: Weekly Rest (Industry) Convention 10/3/1994

4 C27: Marking of Weight (Packages Transported by Vessels) Convention, 1929

10/3/1994

5 C45; Underground Work (Women) Convention, 1935 10/3/1994

6 C80: Final Articles Revision Convention, 1946 10/3/1994

7 C81: Labour Inspection Convention, 1947 10/3/1994

8 C100: Equal Remuneration Convention, 1951 10/7/1997

9 C111: Discrimination (Employment and Occupation) Convention, 1958

10/7/1997

10 C116: Final Articles Revision Convention, 1961 10/3/1994

11 C120: Hygiene (Commerce and Offices) Convention, 1964 10/3/1994

12 C123: Minimum Age (Underground Work) Convention, 1965 2/20/1995

13 C124: Medical Examination of Young Persons (Underground Work) Convention, 1965

10/3/1994

14 C138: Minimum Age Convention, 1973 6/24/2003

15 C155: Occupational Safety and Health Convention, 1981 10/3/1994

16 C182: Worst Forms of Child Labour Convention, 1999 12/19/2000

145

ANNEX 5: REPORTING FORMS I. Reporting forms on Labour Protection Report form on labour protection as stipulated in the Inter-Ministerial Circular no. 14/1998/TTLT-BLDTBXH-BYT-TLDLDVN dated 31/10/1998 Report on Labour Protection Name of the enterprise/company:.............................................:. Governing body:............................................... Province, city:............................................'.......

Labour protection criteria Figures 1. Labour: - Total workers of which: No. of female workers: - No. of workers working in high risk conditions (Type IV, V, VI) of which : No. of females workers: 2. Occupational accidents: - Total no. of occupational accidents - Total no. of fatal occupational accidents - Total no. of occupational fatalities of which: female workers - Number of workers reducing over 31 % working capacity - Average cost per fatal occupational accident - Loss caused by occupational accidents - Number of days off work due to occupational accidents - Number of workers retiring due to ill health or retiring earlier than stipulated age due to occupational accidents. 3. Occupational diseases: - Total number of workers contracting occupational diseases of which, female workers: - Number of days off work due to occupational diseases - Number of workers retiring due to ill health or retiring earlier than stipulated due to occupational diseases 4. Training - Number of workers trained in labour protection of which: - Retrained: 5. Machinery and equipment which have strict OSH requirements: - Total equipment of which: - Number of registered equipment - Number of equipment verified and licensed 6. Working hours, rest hours:

146

Labour protection criteria Figures - Average overtime per day - Average number of days of overtime per week - Average hours of overtime per year 7. In-kind allowance in materials for exposure to hazardous working conditions: - Total workers - Proportion (%) of workers who cannot be provided with meals at work and can be provided with materials: 8. Total expenditure on labour protection: - OSH equipment - Procedures, solutions for improvements in working conditions - Provision of PPEs - Allowance by materials - Dissemination, training - Fire prevention and protection - Expenditure for first-aid, treatment of occupational injuries and occupational diseases - Compensation for workers with occupational accidents and diseases - Other expenditures: 9. Types of high risk working conditions (by percentage of the workers exposed compared to total number of workers) - Cramped - Humid - Too hot - Too cold - Noise - Vibration - Dust - Toxic gas - Electro-magnetic field - Ionizing radiation 10. Results of classification of workers’ health: + Grade 1 – Very good + Grade II – Good + Grade III – Moderate + Grade IV – Bad + Grade V – Very bad 11. Evaluation of enterprises on working conditions + Good + Medium + Bad + Very bad

147

148

II. Reporting forms on Occupational Health Report on Occupational Health in 6 months/Year…… (Fill in all the items in the report and send to Vietnam Administration of Preventive Medicine before 15/6 and 30/11 every year (figures of June and December are estimated on the plan of the same period of the former year) Department of Health of province/city: Preventive Medicine Center of province, city/branch: 1. Organisation and implementation of legislation documents 1.1. Organisation of occupational health: - Organization according to the Decision No. 2468/1999/BYT-QD: + Establishment of the independent Occupational Health Faculty Yes No + Occupational disease clinic room Yes No + Decision to establish Occupational diseases clinic room Yes No + Operation of the Occupational disease clinic room In operation Not yet -Total staff specializing in occupational health – occupational disease:

Number of doctors

Number of pharmacists

University Graduates

Other staff

Assessors of occupational

diseases

1.2. Implementation of some Circulars of Ministry of Health

No Legislation document

Dissemination (Yes/ No)

No of districts trained

No of units disseminated

No of units implementing

* 1 Circular No

13/TT-BYT

2 Joint Circular No 08/TTLT

3 Circular 09/2000/TT-BYT

4 Decision 3733/2002/QĐ-BYT

* The number of units setting up occupational medicine profile pursuant to Circular No 13/TT- BYT

149

(Review and report on all the existing machinery and to 5/2004 – Attached in a seperate page).

xistence of laboratory: Number of laboratories: Area uation: Newly-built (after the year 2000) Old (housing level 1, 2 or…) 2.2. Situation of facilities and ent:

Old facilities and equipment (before the year 2000) New facilities and equipment (after the year 2000)

2. Infrastructure, facilities and equipment of the Center equipment up2.1. E Sitequipm

1 Occupational

2 Facili

Situation Situation

No Facilities and equipment

No Well-

performed Infrequently broken down

Broken down

No Well-

performed Infrequently broken down

Broken down

health facilities and equipment

1.1 1.2 ... ...

ties in occupational disease clinic room

2.1 2.2 ... ... ... ... Total

150

3. Training of local health staff and target objectives (workers, managers) – attached in a seperate page: No Contents Training

institute Number of

training courses

No. of enterprises attending

Total number of

participants 1 Legislation documents

popularisation

2 Occupational Health 3 Occupational Safety 4 Occupational disease

prevention and protection

5 Improvement of health at work

6 Accident and injury prevention and protection

7 Others … Total

4. Enterprises under the responsible areas: ( report based on current available figures) Types of

enterprises No. of

enterprisesNo. of workforce Total no.

of medical

staff

No. of doctors and pharmacists

Health organization

Total number

No. of female workers

Medical station

available

Medical staff

available

Contracted Medical staff unavailable

Others

1. More than 200 workers

2. From 51 to 200 workers

3. Less than 50 workers

Total * The number of units setting up occupational medicine profile pursuant to Circular No 13/TT- BYT

151

152

5. Allocation of workers by types of industry:

Types of industries Small-sized

10-50 workers Medium-sized

51-200 workers Large-sized

> 200 workers Total

No. of enterprises

No. of workers

No. of enterprises

No. of workers

No. of enterprises

No. of workers

No. of enterprises

No. of workers

1. Casting, metallurgy

2. Chemicals, rubber, plastic

3. Repairing, mechanics

4. Agricultural and foresty farms

5. Industry, Food product

6. Garment, Textiles

7. Other consumer goods

8.Building materials, ceramics, glass

9. Mining

10. Fishing and aquaculture

11.Traffic and transportation

12. Trading

13. Others

Total * If there are many types of business in one enterprise, select the main business (production of main products or more than 50% workers working in the business

153

ts of measurement of working environment in the reporting period ber of enterprises measuring working environment/ total number of enterprises reporting: ………./……

Temperature Humidity Speed of

wind

Lighting Dust Noise Vibration Toxic gas

Radiation Magnetic field

Others

6. ResulNum No.

(1): To

Name of the enterprise

No. of

(1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) 1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 ... Total

tal samples taken (2): Total samples not meeting the allowed standards

7.2. Diversification of diseases of patients attending health checks and treatment (number of reports in enterprises sending reports) Number of production units reporting/ total production units: ….…../…… Total cases/ total workers in production units reporting:………/…….

No Diseases Number of cases 1 Diarrhoea and gastroenteritis of presumed infectious origin 2 Pulmonary tuberculosis 3 Lung cancer 4 Endocrine diseases 5 Mental and behavior disorders 6 Disorder of central and peripheral nervous system 7 Diseases of eyes and annexa 8 Ear and mastoid process 9 Cardiovascular disease

10 Acute sinusitis, sore throat, laryngitis 11 Chronic sinusitis, sore throat, laryngitis 12 Acute bronchitis and acute bronchiolitis 13 Chronic bronchitis and chronic bronchiolitis 14 Pneumonia 15 Asthma, bronchiectasis, allergies 16 Gastric and duodenal ulcers 17 Hepatocystic 18 Genito-urinarytory system 19 Obsteric diseases 20 Abortion/number of pregnancies 21 Skin and subcutaneous tissue 22 Musculoskeletal disorders 23 Occupational diseases 24 Malaria 25 Other diseases 26 Number of accidents Total

154

8. Periodic health checks, diagnosis and specialist treatment of occupational diseases 8.1. Number of production units having regular health checks/total number of production units: / 8.2. Classification of health:

Regular health checks

Total number

Grade I – Very good

Grade II – Good

Grade III –

Moderate

Grade IV - Bad

Grade V – Very

bad Male Female Total 8.3. Report on production units with potential for causing occupational diseases from the list of 21 insured occupational diseases No. Name of

occupational diseases

Name of production

unit

Total number of workers

Total female

workers

Suspected cases of

occupational diseases

Verified cases

1. Silicosis 2. Asbestosis 3. Byssinosis 4 Chronic bronchitis 5 Poisoning by lead

and its compounds

6 Poisoning by benzene and its compounds

7 Poisoning by mercury and its compounds

8 Poisoning by manganese and its compounds

9 TNT poisoning 10 Poisoning by

arsenic and its compounds

11 Nicotine poisoning 12 Poisoning by

pesticides

13 Poisoning by radioactive substances and X-rays

14 Noise-induced deafness

15 Diseases caused by Vibration

16 Occupational low

155

blood pressure diseases

17 Occupational skin discoloration

18 Skin ulcer, arthritis, atopic dermatitis

19 Occupational tuberculosis

20 Viral hepatitis 21 Occupational

lesprosy

Total Of which: a. Total number of units at risk of causing each kind of occupational disease:

b. Total number of workers in units at risk of causing each kind of occupational disease:

c. Total number of female workers in units at risk of causing each kind of occupational disease:

8.4. Report on contracted cases of occupational disease during the period (attached in a separate page) No Name of

patients Age Job when

contracting occupational

disease

Working age

Date of diagnosis of occupational

disease

Name of occupational

disease

Proportion of working

capacity loss

Present job

1. 2. 3. ... Total 8.5. Results of health checks and occupational disease diagnosis during the

reporting period … No. Name of occupational

disease No. of

workers checked

No. of suspected

cases

No. of expertised

cases

No. of workers entitled

to a once-off subsidy

No. of workers entitled

to a regular subsidy

Accumulating to reporting

period

1 Silicosis 2 Asbestosis 3 Byssinosis 4 Chronic bronchitis 5 Poisoning by lead and its

compounds

6 Poisoning by benzene and its compounds

7 Poisoning by mercury and its compounds

156

157

No. Name of occupational disease

No. of workers checked

No. of suspected

cases

No. of expertised

cases

No. of workers entitled

to a once-off subsidy

No. of workers entitled

to a regular subsidy

Accumulating to reporting

period

8 Poisoning by manganese and its compounds

9 TNT poisoning 10 Poisoning by arsenic and its

compounds

11 Nicotine poisoning 12 Poisoning by pesticides 13 Poisoning by radioactive

substances and X-rays

14 Noise-induced deafness 15 Diseases caused by

Vibration

16 Occupational low blood pressure diseases

17 Occupational skin discoloration

18 Skin ulcer, arthritis, atopic dermatitis

19 Occupational tuberculosis 20 Viral Hepatitis 21 Occupational lesprosy Total

9. Situation of occupational accidents and poisoning from agro-chemicals 9.1. Occupational accidents - Number of production units reporting/ total production units: ….…../…… - Total workers in production units reporting:………/…….

Total No. of occupational

injuries

No. of workers having more than 3

days off

No. of workers having

more than 15 days

off

Occupational accidents

due to trauma

Occupational accidents

due to chemicals

No. of workers

with reduced working capacity

No. of disabled

No. of fatalities

No. of workers

expertised by the Medical Expertise

Committee

No. of female

casualties

No. of workers

entitled to a once-off

subsidy from social

insurance

No. of casualties receiving a

regular subsidy from social insurance

9.2. The utilization of agro-chemicals (at agro-chemicals stocks)

* Quantity (Kg) No.

Name of drug stock Phosphate/ Organic

Carbamate Others No. of stocks examined for

hygiene

No. of stocks satisfying hygiene

standards

Note

Total * Quantity is counted in the amount released from the stock per year: Total (in kilogram) volume of agro-chemicals imported into the stock per year:

158

9.3. Pernicious poisoning from agro-hospitals

1. Hospita2. Occupational Clinic3. Health4.5. Medical statiocommunes 6. Others Total Note: a

159

chemicals, data reported by local medical stations and emergency facilities in (including district hospitals and medical stations at communes)

Causes No. of cases No. of cases of poisonong Intentional Accidental ingestion Occupational

No. of cases

No. of fatalities No. of cases No. of

fatalities No. of cases No. of fatalities

Note

l Disease

room

Center General clinic

n at

. State the name of source of data provided. B. Clearly specify the name of the medicine and its origin

10. Conclusion and recommendations 10.1. Other outstanding activities carried out during the year (National Week on Occupational Safety and Health and other activities) 6. 10.2. Remarks by locality/industry on the implementation of the plan 10.3. Main recommendations and the plan to complete work on occupational medicine

Head of the agency (signed and sealed)

Reporting date Reporter

160