Vietnam's health and safety laws are primarily governed by the Labor Code 2019 (Articles 138 – 153) and the Law on Occupational Safety and Health 2015. These laws lay out the foundation for employers' safety and health obligations towards workers, addressing workplace conditions, hazards, and the provision of information and training. Additionally, numerous decrees and circulars issued by the Ministry of Labor, Invalids, and Social Affairs (MOLISA) provide further specific regulations and guidance on implementing these laws.

Regulatory Authority

MOLISA holds primary responsibility for the development and enforcement of health and safety legislation in Vietnam.

Employer Obligations

Vietnamese law outlines a wide range of health and safety responsibilities on employers. These include maintaining facilities, equipment, and systems of work that do not pose risks to health and safety, implementing a risk assessment process to proactively identify workplace hazards, providing personal protective equipment (PPE) where necessary, and providing workers with comprehensive training and information on workplace hazards.

Worker Rights and Duties

Workers in Vietnam have the right to information on workplace hazards and involvement in health and safety matters through consultation and safety committees. They can refuse tasks if they reasonably believe there's a serious and imminent danger to their health and safety. However, they also have the responsibility to comply with safety instructions, procedures, and use PPE as directed.

Focus Areas of Health and Safety Regulation

Vietnam's health and safety laws address a broad range of specific areas, such as machine safety, electrical safety, fire prevention and protection, construction safety, handling of hazardous substances (chemicals), occupational hygiene (noise, dust, etc.), ergonomics, and first aid and emergency response.

Enforcement and Penalties

MOLISA, through its labor inspection system, enforces health and safety regulations. Violations of health and safety laws can result in administrative warnings, fines, and in severe cases, suspension of operations or business licenses.

Occupational health and safety (OSH) is a crucial aspect of any workplace. In Vietnam, the primary legal foundation for OSH is the Law on Occupational Safety and Health (2015). This law outlines the responsibilities of both employers and workers and establishes measures for risk prevention and mitigation. The Ministry of Labour, Invalids and Social Affairs (MOLISA) and its specific division, the Department of Work Safety, oversee the implementation and enforcement of OSH policies.

Employer Responsibilities

Employers have several responsibilities when it comes to OSH. These include risk assessment and prevention, safety training and education, provision of personal protective equipment (PPE), medical surveillance, incident reporting and investigation, and the development and implementation of an OSH management system.

Worker Rights and Responsibilities

Workers also have rights and responsibilities in relation to OSH. They have the right to know about hazards in their workplace and how they are controlled, the right to participate in OSH decision-making, and the right to refuse unsafe work. They also have the responsibility to follow safe procedures, use PPE correctly, and report any unsafe conditions.

Specific OSH Standards

Vietnam adheres to several specific regulations and standards addressing various OSH domains. These include chemical safety, construction safety, fire safety, and occupational hygiene.

Challenges and Improvement Efforts

Despite significant strides in OSH, Vietnam still faces challenges such as limited enforcement capacity, low OSH awareness, and new risks posed by rapid industrialization. To address these, Vietnam is actively strengthening enforcement and inspection mechanisms, conducting awareness campaigns and training programs, and promoting partnerships between government, employers, and unions.

Workplace inspections play a crucial role in ensuring that employers adhere to occupational safety and health (OSH) laws and standards. They allow for the detection of unsafe conditions or practices that haven't yet resulted in incidents, enabling preventive measures. The potential for inspections and their associated penalties also encourage greater compliance among employers.

Agencies Conducting Inspections

The Labor Inspectorate, under the Ministry of Labor, Invalids and Social Affairs (MOLISA), is the primary agency responsible for conducting OSH inspections. For certain high-risk sectors such as construction and mining, specialized agencies may be involved in inspections.

Inspection Criteria

Inspections generally assess compliance with specific regulations, hazard identification and control, training and education, recordkeeping and reporting, and OSH management systems. Inspectors check against relevant OSH standards, technical regulations, and industry-specific guidelines. They evaluate the employer's risk assessment efforts and the adequacy of control measures. They also verify that workers have received the required training and examine accident and illness records.

Inspection Frequency

The frequency of OSH inspections is risk-based. Factors that influence frequency include the industry and hazard profile, enterprise size, and compliance history. High-risk sectors receive greater scrutiny, larger enterprises may be subject to more frequent inspections, and a history of violations can lead to increased inspection frequency.

Inspection Procedures

Inspections can be scheduled or carried out unannounced. They begin with an introductory meeting with the employer or representative, followed by a tour of the workplace, observation of work processes, examination of equipment, and possibly interviews with workers. Inspectors also check safety plans, training records, incident reports, and more. They present findings and may issue corrective orders on the spot, followed by a detailed report outlining violations and required actions.

Follow-up Actions

Employers are legally mandated to address violations within a specified timeframe. Failure to comply with corrective orders may result in fines or, in severe cases, suspension of operations. Follow-up inspections may be conducted to verify the completion of corrective actions.

Workplace accidents are a serious matter and require immediate attention. Employers are required to report these incidents promptly. Serious accidents must be reported immediately to the local Labor Inspectorate, while fatal accidents must be reported to both the Labor Inspectorate and local police. The reports should include details of the accident, injured workers, nature of injuries, and initial response actions.

Investigation of Workplace Accidents

The employer is primarily responsible for investigating workplace accidents. The aim of these investigations is to identify the root causes and prevent recurrence. Safety committees or worker representatives may also be involved in the investigation process. For serious or fatal accidents, the Labor Inspectorate may conduct an independent investigation. The focus of these investigations should be on determining underlying factors, not just placing blame.

Compensation for Workplace Accidents

Vietnam's social insurance system provides compensation for work-related injuries and illnesses. This includes coverage for treatment and rehabilitation costs, payments in case of temporary or permanent disability, and compensation for dependents in case of worker death. Employers may be held liable for additional compensation if the accident was due to negligence or failure to comply with safety regulations.

Filing Compensation Claims

The process of filing compensation claims involves gathering medical reports, proof of employment, and accident investigation records. These claims are then submitted to the local social insurance agency. The agency evaluates the claim and determines the amount of compensation.

Important Considerations

There are deadlines for submitting compensation claims. Mechanisms exist for resolving disputes over compensation claims. Vietnam has a defined list of occupational diseases for which compensation is available under the social insurance system.