VCCI Programme on Law Dissemination for Employers
The Government recently issued Decree 44/2016/ND-CP on instructions for the enforcement of the Law on occupational safety and health. This decree, which took effect from July 1, 2016, stipulates technical verification of labour safety, occupational safety and hygiene training, and labour environment monitoring. According to the new ruling, companies must train occupational safety and hygiene on their own.
Employers are responsible for training their employees and solely responsible for training quality for employees who are categorised into four groups for training: Employees are not managers in charge of occupational safety and hygiene, employees are in charge of occupational safety and hygiene, employees undertake works with strict requirements on occupational safety and hygiene, or employees practice medicine, including trainees and apprentices. Employers can opt for one of the following forms:
· Self-organise training if they guarantee regulatory training conditions;
· Hire professional training organisations.
To self-organise training, they must establish and submit a set of documents giving proof of its qualifications for being a training unit of occupational safety and hygiene to relevant bodies unless they have training agreements or cooperation with other units to have legalised head offices.
Within 30 days from the date on which valid applications are received, competent authorities shall inform applying companies of disqualified conditions according to the law. After 30 days without notification from competent authorities, disqualified companies can provide training for their employees within the scope of registration. Five years after the date of verified qualification for self-training, companies must send documents to competent authorities for consideration of renewal.
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