Development process of occupational safety and health legislation in Vietnam
Therefore, since the foundation in 1945, the Party and State have always been interested in and issued legal provisions relating to OSH. The development process of the OSH legislation has undergone several periods according to each stage of socio-economic development of the country. At each period of development, OSH legal system in Vietnam has changed accordingly. The year 1995 was considered a landmark of law on OSH in Vietnam when the Labour Code including the 9th Chapter on OSH was enacted. The year 2015 was also a historic milestone in the development of legislation on OSH when OSH Act was approved by the National Assembly. Therefore, this article will present the development of legislation on OSH in Vietnam in two phases: the period 1945-1995 and the period from 1995 to present (2015).
1. Concept of OSH legislation in Vietnam
Legislation is a system of rules of conduct which issued or recognized by the state and ensures implementation to regulate social relations in order to achieve certain goals. The legal documents on OSH express lines and policy views of the Party, the State on OSH. OSH legislation manifests the guarantee of legitimate rights and interests of the majority of working people in production and trading activities in general. We can say “OSH legislation in Vietnam is a system of laws, bylaws regulating the guarantee of OSH; policies and regimes for those who suffer occupational accidents and diseases; responsibilities and powers of organizations and individuals related to OSH and state management of OSH “
2. OSH legislation in Vietnam in the period 1945–1995
OSH had been valued and directed by the Party, President Ho Chi Minh and the State from the establishment of the country (1945). The life of the working people was concerned and expressed in the legislative managing documents. Based on the Constitution 1946, the State of Vietnam Democratic Republic has built the preliminary legal documents relating to OSH. On March 27th, 1946 President Ho Chi Minh issued the Decree No. 36 on the establishment of the Ministry of Social Affairs. After having established the State management agency on labour including OSH, the President issued Decree No. 29 dated March 12th, 1947. This is one of the first and important decrees to establish a mechanism for state management of labour which has a number of articles relating to OSH. The decree includes 10 chapters and 187 articles in which there was a separate chapter, Chapter VI, on Hygiene and security for labours (employees).
In 1955, based on the goal of economy recovery and development, and of solidarity struggling to reunite the country, Prime Minister Mr. Pham Van Dong issued Provisional Statute No. 646-TTg dated December 27th , 1955 providing the relationship adjustment between workers and factory owners in private enterprises. Provisional Statute consists of 4 chapters and 31 articles in which clearly stated the rights and obligations of workers and factory owners.
One of the first documents that has high legal level related to employees and having provisions related to OSH was the Trade Union Law that was enacted in 1957 (valid until 1990). Trade Union Law stipulates the rights and duties of trade unions in protecting the rights of workers and employees in state-owned and private enterprises, in offices as well as in construction sites and factories.
During the period after 1959 until before the renovation period (1986), the country was building and implementing the mechanism of central and subsidized economic management, the private sector was generally not developed. Therefore, the legal documents relating to OSH mainly included provisions for state-owned manufacturing business. On the basis of the Constitution 1959, the state continued to strengthen and develop OSH legislation. On December 18th, 1964, the Council of Ministers issued Decree No.181/CP stipulating provisional regulations on labour protection.
Experiencing a 30-year war for independence and national liberation, the country was completely liberated in 1975. The Socialist Republic of Vietnam needed a new constitution. Thus, Constitution 1980 was enacted. On the basis of Constitution 1980, succeeding the previous provisions, the State has issued a number of regulations on OSH in line with the new conditions. February 22nd,1984 the Chairman of Council of Ministers issued Directive No.70/CT on strengthening leadership and direction the implementation of labour protection activities. The country has entered a period of innovation in 1986, developed the economy or commodity components according to market mechanisms, with State’ administration, in accordance with socialist orientation.
The production activities had many dramatic changes both in quantity and in quality. In this situation, since 1985, the Ministry of Labour, Invalids and Social Affairs has coordinated with Vietnam General Confederation of Labour and the Ministry of Health to draft ordinances on labour protection. The ordinance has taken effect from January 1, 1992. The ordinance consists of 10 chapters and 46 articles defining the principles of OSH organization and technical measures to prevent occupational accidents and diseases, defining state management responsibilities of sectors, levels and social organizations in the field of labour protection.
After the Labor Protection Ordinance was enacted, a series of directives and circulars, inter-ministerial circulars were issued to guide implementation of the ordinance. The Directive No. 359/HĐBT-CT dated January 4th , 1991 issued by Chairman of the Council of Ministers on the implementation of the Labor Protection Ordinance; Directive No. 20/TLD-CT dated November 20th , 1991 of VGCL on the implementation of the Labor Protection Ordinance in trade unions at all levels; Inter-ministerial circular No.17/LB-TT dated December 26th , 1991 of the Ministry of Labour, Invalids and Social Affairs, Ministry of Health, VGCL guiding implementation of Labour Protection Ordinance.
3. OSH legislation in Vietnam during the period from 1995 to the present (2015)
Since the Constitution 1992 was enacted, with many changes of the country after the renovation period, activities related to development and promulgation of laws in general and OSH legislation in particular has gathered significant attention from the Party and the State. On the basis of the Constitution 1992 and the Article 56 that affirmed “The State shall enact labour protection policies and regimes“, the Labour Code was enacted in 1994 and took effect from January 1st , 1995. The Labour Code devotes Chapter IX of 14 articles to regulations on OSH issues. Articles from 95 to 108 stipulate the responsibilities of employers, employees and regulations on occupational accidents and diseases, etc. Through each development stage of the country in general and production activity in particular, the Labour Code was amended and supplemented in 2002, 2006 and 2007. In the revised Labor Code 2007, Chapter IX on OSH still includes 14 articles from article 95 to article 108. Facing conditions of objective reality of production activities that are growing constantly and increasingly diverse; facing conditions of increasingly deeper and broader integration, the Labour Code enacted in 2012 and entered into force on May 1, 2013 posed many changes of OSH regulations in Chapter XI. From 14 articles of the previous code, the regulations on OSH have increased to 20 articles (from Article 133 to Article 152). This shows the importance of OSH in our country as well as the interest of the State in OSH activities in order to ensure the safety, health and life for employees.
In addition to legal documents directly regulating on OSH field, many other legal documents include also some articles related to OSH activity or OSH policies, Trade Union Law has rules on rights and responsibility of trade unions in OSH; Protection of People’s Health Law, Environmental Protection Law, Fire Prevention and Control Law; Construction Law, Chemicals Law, Electricity Law, Minerals Law, Cooperatives Law, Vocational Training Law, Social Insurance Law, Health Insurance Law, Law on sending Vietnamese laborers to work overseas, Law on standards and technical regulations, Law on Quality of goods; Criminal Code, etc.
On the basis of provisions of the Constitution and the Labor Code, the legislation was enacted by the Government and the ministries assigned to OSH state-management; the ministries assigned to OSH branch-management and the VGCL issued sub law legal documents, resolutions and directives to regulate in detail a number of articles of the Code or detailed instructions on some contents of the Code.
Ever since the Labour Code came into effect, the Government has issued Decree No. 06 CP dated January 20th , 1995 providing details of some articles of the Labour Code on OSH. By 1999, due to a number of requirements relating to declaration, registration and license for using different kinds of machines, equipment, supplies and substances with strict conditions on OSH as well as requirements for the investigation of labour accidents, OSH inspection in the field of radioactivity, oil and gas exploration and exploitation, etc, the Government has issued Decree No. 162/1999/ND-CP dated November 9th , 1999 on amending and supplementing some articles of Decree 06/CP dated January 20th , 1995 stipulating in detail a number of articles of the Labor Code on OSH.
In 2002, the Government continued to amend Decree No.06/CP by Decree No. 110/2002/ND-CP dated December 27, 2002. This Decree emphasizes the building of feasibility report on measures to ensure OSH at manufacturing facilities; carrying out the registration and inspection of equipment and machinery that needed strict requirements on OSH, compensating for victims that suffer from occupational accidents and diseases, etc.
Because OSH is associated with general production activities, activities ensuring OSH have always been adjusted to keep up with the growth of economy, production and trading. The Government has always been interested in safety, health and protection of life for employees that at each stage the Prime Minister has directives to strengthen leadership and organize implementation of OSH, such as Directive No.13/1998/CT-TTg dated March 26th , 1998 on strengthening leadership and organizing implementation of labour protection in the new situation; Directive No. 20/2004/CT-TTg dated June 8th , 2004 on strengthening leadership and organizing implementation of OSH in agriculture; Directive No. 10/2008/CT-TTg dated March 14th , 2008 on strengthening implementation of labour protection, labor safety; Directive No. 18/CT-TTg dated June 6th , 2008 on strengthening management and correcting mining activities in quarries to ensure safety in mining.
Following proper guidelines and policies of the Party and the State on strengthening OSH legislation in Vietnam, according to the roadmap, OSH Act had been approved by Vietnam National Assembly on June 25th , 2015. This has marked an important step in the development and promulgation of legislation on OSH. OSH Act includes 7 chapters and 93 articles stipulating in detail OHS issues in Vietnam. Subjects of application of OSH Act could be extended according to actual requirements. The issues of rights and responsibilities of organizations and individuals related to ensuring OSH are provided in the law. The contents related to OSH state management, responsibilities of ministries, People’s Committees and Councils on OSH at all levels, etc, are indicated in the OSH Act.
4. Some comments on the development and promulgation of legislation on OSH in Vietnam in the coming period
On the basis of the OSH Act that was adopted and entered into force on July 1st , 2016, in order to legislation on OHS in Vietnam be implemented effectively and efficiently, it should note the following points:
Firstly, to urgently develop and promulgate detailed regulations and guidelines for implementation of contents of the OSH Act. Currently, in the OSH Act, there are 93 articles but 20 articles will be regulated in detail by the Government. Therefore, at the time of the OSH Act taking effect, the sub law guiding documents should also be developed and issued for the enforcement of OSH Act to be workable and effective.
Secondly, to continue to develop and promulgate clear regulations on organizational systems, activities and responsibilities of state management and contents of OSH state management. It is necessary to strengthening inspection system, and establish a specialized inspection system for OSH to promote OSH Act enforcement.
Thirdly, to develop and promulgate regulations on OSH in favor of prevention activities, risk management and clarification of responsibility of enterprises’ heads, responsibility of employers in investing for OSH; ensuring that employees should work in a decent workplace through programs and plans on safety culture, prevention culture at enterprises.
Fourthly, to develop and promulgate specific regulations on reward and sanction of violations of OSH legislation. This is one of many necessary and important measures for the State management activities in general and state management on OSH activities in particular.
MSc. Nguyen Thu Hang
National Institute of Labour Protection
(Source: nilp.vn)
