Points to note regarding the implementation of occupational safety and health training
2024/02/25
- Ho Thi Y NhiI
Introduction
In Vietnam, the implementation of occupational safety and health training is essential for creating a safe working environment and ensuring the efficiency of production and business activities, and is also one of the important obligations of employers. Employers in all industries and industries, not just manufacturing companies, are obliged to provide occupational safety and health training. However, the reality is that not many companies are familiar with and comply with the relevant regulations. Therefore, in this article, we will explain the points that companies should pay attention to regarding regulations regarding occupational safety and health training and related regulations such as regulations regarding occupational safety and health.
1.Planning and implementation of occupational safety and health training
All corporate employers¹, including representative offices of foreign corporations, are obligated to plan and implement occupational safety and health training². Occupational safety and health training may be outsourced to an external organization or the employer may plan and implement the training themselves³. In both the former and latter cases, trainers must meet the training implementation conditions for each group listed below4⁴. However, as there are not many companies that meet the training requirements, most companies use external training services.
2.Participants, training content, training time, regular training
Participants in the training will be divided into the following six groups based on the characteristics of the work and occupational safety and health requirements. In addition, the content of the regular training is divided into the following five parts, and each group will conduct training with different content and time.
Part 1: Occupational safety and health policies and laws
Part 2: Work related to occupational safety and health
Part 3: Professional training on equipment safety technology
Part 4: Basic knowledge of occupational safety and health
Part 5: Face-to-face training on work procedures and specific requirements regarding occupational safety and health in the workplace
The training content and time for each group is shown in the table below⁵.
[Training content and time for each group]
| Target group of participants | Training content | Training time |
| Group1: Heads and deputy heads of companies, departments, etc. (groups of managers) |
Part 1 Part 2: Basic content such as the organizational structure at the workplace, the management and implementation of occupational safety and health regulations, and the assignment of responsibilities and delegation of authority regarding occupational safety and health operations, etc. |
Initial training: At least 16 hours including confirmation test time (one time only) Retraining for review: Must be conducted once every two years and must last at least 8 hours. |
| Group2: Occupational safety and health workers |
Part 1 Part 2:All contents Part 3 |
Initial training: At least 48 hours (once only), including theoretical training, practical training, and confirmation test time Retraining for review: It must be carried out once every two years and should be carried out for at least an hour. |
| Group3: Workers whose jobs require strict occupational safety and health requirements (See list of jobs requiring strict occupational safety and health requirements issued with Circular 06/2020TT-BLDTBXH) |
Part 1 Part 3 Part 4 |
Initial training: At least 24 hours including confirmation test time (once only) Retraining for review: It must be carried out once every two years and should be carried out for at least 12 hours⁶. |
| Group4: Workers who do not fall under Groups 1, 3, 5, or 6, including those undergoing training, training, and apprenticeships |
Part 4 Part 5 |
Initial training: At least 16 hours including confirmation test time (once only) Retraining for review: Must be conducted at least once a year and must last for at least 8 hours |
| Group5: Health care workers |
Same as group 1 | Initial training: At least 16 hours including confirmation test time (once only) Retraining for review: Must be conducted at least once a year and must last for at least 8 hours |
| Group6: An exemplary person in the implementation of occupational safety and health⁷ (A person selected by workers who is well-versed in occupational safety and health expertise and skills, who acts voluntarily and exemplary in complying with occupational safety and health regulations) |
Participate in training content tailored to the training group to which you belong Participate in additional training on the skills and activities of a role model in occupational safety and health | Initial training: At least 4 hours or more (once only) Retraining for review: Must be conducted once every two years and must last at least 2 hours. |
Source: Created by the author based on materials
Furthermore, if there is a change in the work content, equipment used, technology, etc., or after returning from a leave of absence, the worker will be required to undergo training again according to regulations⁸.
3. Other points to note regarding occupational safety and health training
(a) Obligation to report occupational safety and health training
Employers must annually prepare a report on occupational safety and health training using the form specified in Annex II of Circular 07/2016/TT-BLDTBXH. The application must be submitted in person, by fax, mail, or email to the local Labor Department, Department of Labor, Invalids, and Social Affairs, or Department of Health by January 10 of the following year.
(b) Implementation and support costs for occupational safety and health training
The cost of implementing occupational safety and health training is borne by the employer and can be deducted for corporate income tax purposes if the conditions stipulated in the Corporate Income Tax Law are met. In addition, in the case of training in Groups 1, 2, 3, 5, and 6 above, the employer may exceed the amount prescribed by law for each person receiving training, if the conditions prescribed by law⁹ are met. 70% of the actual expenses incurred can be received from the social insurance institution as support money¹⁰.
(c) Salaries of workers who have participated in occupational safety and health training.
Workers are also paid for the time they participate in occupational safety and health training¹¹.
(d) Regulations regarding the handling of administrative violations in occupational safety and health training activities.
If an employer fails to properly comply with regulations regarding occupational safety and health training, there is a risk of an administrative violation. Common violations include.
[Violation Details/Fine]
| Fine | Violation Details |
| VND 10,000,000～VND 100,000,000 | トレーニングを実施しなかった¹² |
| VND 2,000,000～VND 6,000,000 | トレーニングに関する報告書を提出しなかった、または、期限内に提出しなかった¹³ |
Source: Created by the author based on materials
In conclusion
Implementation and participation in occupational safety and health training is an obligation for both employers and workers, but the reality is that many companies do not conduct it properly. However, given the importance of occupational safety and health training and the risk of administrative penalties, employers should appropriately implement occupational safety and health training.
1 Refer to the definition of employer in Article 3, Paragraph 2 of the Labor Law 2019
2 Article 7, Paragraph 2, Item b of the Industrial Safety and Health Act 2015
3 Article 14, Paragraphs 1, 2, and 4 of the Industrial Safety and Health Act 2015
4 Article 14, Paragraph 7 of the Industrial Safety and Health Act 2015, Article 26, Paragraph 1 of Decree 44/2016/ND-CP as amended by Article 1 of Decree 140/2018/ND-CP
5 Decree 44/2016/ND-CP Articles 17, 18, 19, 21, Decree 140/2018/ND-CP Article 1, paragraphs 5, 6, and 2
6 Based on informal confirmation with Ho Chi Minh City Department of Labor, Invalids and Social Affairs
7 Industrial Safety and Health Act Article 74
8 Decree 44/2016/ND-CP Article 21, Paragraph 3
9 Article 32 of Decree 88/2020/ND-CP
10 Article 34 of Decree 88/2020/ND-CP
11 Decree 145/2020/ND-CP Article 58, Paragraph 6
12 Decree 12/2022/ND-CP Article 6, Article 25 Paragraph 1
13 Decree 12/2022/ND-CP Article 6, Article 20 Paragraph 2
M000111-178
(Created on February 25, 2024)
*This article was translated by Yarakuzen.
