DECISION

APPROVING THE NATIONAL PROGRAM ON LABOR PROTECTION, SAFETY AND SANITATION UP TO 2010

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23,1994 Labor Code and the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs and the Minister of Planning and Investment,

DECIDES:

Article 1.- To approve the national program on labor protection, safety and sanitation up to 2010, with the following contents:

I. OBJECTIVES OF THE PROGRAM

1. General objectives:

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2. Specific objectives up to 2010:

- To reduce the number of fatal and serious accidents; to reduce by 5% on average labor accidents in the domains and branches exposed to high risk of labor accidents (mining, construction, and electricity use);

- To reduce by 10% on annual average the number of laborers getting occupational diseases; to ensure that over 80% of laborers working in establishments and facing the threat of getting occupational diseases will have medical checks of occupational diseases.

- To ensure that 100% of laborers who suffer from labor accidents or occupational diseases will enjoy medical treatment, health care and rehabilitation;

- To ensure that 80% of laborers engaged in occupations or jobs subject to strict labor safety and sanitation requirements and labor safety and sanitation personnel will be trained in labor safety and sanitation;

- To ensure that 100% of fatal and serious labor accidents will be investigated and handled.

II. DURATION AND IMPLEMENTATION SCOPE OF THE PROGRAM

1. The implementation duration is 5 years, from 2006 to 2010.

2. The implementation scope is nationwide.

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The national program on labor protection, safety and hygiene comprises 7 following contents:

1. Activities of enhancing state management efficiency in labor protection, including: completing a state management model on labor protection, labor safety and sanitation; formulating and perfecting policies on labor protection; conducting a general survey of labor accidents; strengthening the capacity of labor safety supervision, examination and investigation system; formulating management models on labor safety and sanitation in enterprises; setting up indemnification fund for labor accidents and occupational diseases; consolidating, investing in and establishing rehabilitation establishments for people suffering labor accidents and occupational diseases; elaborating an international cooperation program in the domain of technical assistance and training in labor safety and sanitation.

2. Activities of improving working conditions in enterprises, preventing and controlling labor accidents in the domains exposed to high risk of labor accidents such as mining, construction, electricity consumption..., small- and medium-sized enterprises, rural and agricultural production; limiting TNT intoxication in the storing, preservation, repair and handing of technical equipment in service of security and defense objectives.

3. Activities of preventing and controlling occupational diseases, ensuring health care and rehabilitating labor capacity, include: enhancing the monitoring, examination and control of common occupational diseases; boosting the supervision of the working environment, assuring the efficient control of elements and threats of occupational diseases; consolidating and enhancing medical examination to detect, assess and treat occupational diseases and for rehabilitation; investing the upgrading of clinic centres in charge of examining and treating occupational diseases; researching into the elaboration, amendment and supplementation of regulations on regimes and policies in relation to occupational diseases, supplementation of occupational diseases; enhancing propaganda and education about occupational diseases' threats and impacts.

4. Activities of improving the awareness and responsibility of management authorities, organizations and individuals by enhancing their capacity and organizing information, communication and training activities (establishing a website on labor protection, safety and sanitation, organizing a national week of labor safety and sanitation-fire and explosion prevention and combat, surveying training and information needs...) and promoting mass movements on labor protection activities.

5. Activities of researching and applying science and technology to labor protection, safety and sanitation in order to improve working conditions, remedy working environment pollution in production industries, especially those which are at high risk, thus limiting occupational diseases (minerals and coal exploitation, metallurgy, fertilizers, chemicals, construction...), and applying safety solutions to reduce labor accidents for laborers working with machines and equipment at high risk.

6. Activities of ministries, branches, enterprises, production and business establishments in elaborating programs and projects on labor protection, safety and sanitation suitable to the characteristics of operation, production and business of organizations and units, with the contents of improving working conditions, preventing labor accidents, preventing and treating occupational diseases, committing to well carry out labor safety and sanitation activities and building a labor safety culture.

7. Reviewing, inspecting and monitoring activities aimed at assessing the effectiveness of the program according to each project.

IV. PROJECTS OF THE PROGRAM

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2. Improving working conditions in enterprises; concentrating on reducing labor accidents in the domains of minerals exploitation, electricity consumption and construction.

3. Enhancing the prevention of labor accidents and occupational diseases in the domain of agricultural production and rural trades.

4. Improving the quality of labor protection activities in small- and medium-sized enterprises.

5. Enhancing the prevention and control of occupational diseases.

6. Propagating, educating, training and raising the awareness of all levels, branches, organizations and individuals, promote the function of community's participation in labor safety activities.

7. Strengthening the capacity of science and technology research and application in labor safety and sanitation.

V. IMPLEMENTATION FUND

The total budget for the program is VND 242 billion.

Of which:

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- VND 10 billion is for management and supervision activities.

VI. THE PROGRAM'S IMPLEMENTATION MEASURES

1. Policies and mechanisms

a/ Policies

- To further implement, institutionalize the Party line and State policies on labor safety; amend and supplement the Labor Code's provisions on labor safety and sanitation; formulate a law on labor safety and sanitation; set up an indemnification fund for labor accidents and occupational diseases;

- To adopt incentives for enterprises to improve their working conditions;

- To research and perfect policies on commendation and handling of violations of the labor safety and sanitation law;

- To research and adopt policies and mechanisms to encourage the development of labor safety and sanitation consultancy, evaluation and training services.

b/ Mechanisms

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- Coordination: To encourage the people's and organizations' participation in every activity of the program, from elaborating implementation plans, managing resources, monitoring and evaluating results to benefiting the outcomes of the projects;

- Integration: The contents of projects will be carried out together with relevant activities;

- Supervision and evaluation:

+ Synchronously promoting supervision and evaluation systems: self-supervision and evaluation by project-managing ministries and branches; topical supervision and evaluation by state agencies (not project-based) or program; independent supervision and evaluation by scientific and consultancy organizations; supervision and evaluation by organizations representing labor users and laborers;

+ Conducting input and impact supervision and evaluation by evaluating the implementation of the program's activities and targets.

- Ordering and bidding: This mechanism will be applied to every project so as to ensure efficiency and transparency (such as the supply of working equipment for labor safety and sanitation personnel, the investment and improvement of rehabilitation establishments, examination and treatment of occupational diseases ').

2. Management, organization of implementation

a/ Management

- To establish the Program Steering Committee to assist the Prime Minister in managing, conducting, directing, inspecting, guiding and urging ministries, branches and localities to coordinate and regulate the program's activities.

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+ The head: The Minister of Labor, War Invalids and Social Affairs;

+ Deputy-heads: A Vice Minister of Labor, War Invalids and Social Affairs as the standing deputy head of the committee; representatives of the Vietnam General Confederation of Labor and the Ministry of Health as deputy-heads of the committee;

+ Members: representatives of the Ministries of Planning and Investment, Finance, Defence, Public Security, Science and Technology, Agriculture and Rural Development, Industry, Construction, Education and Training, Culture and Information.

Representatives of the Vietnam Union of Co-operatives, Vietnam Chamber of Commerce and Industry and Vietnam Peasants' Association will be invited to participate in the Program Steering Committee.

- The head of the Program Steering Committee will decide on the establishment of the Management Board to assisst the Steering Committee.

b/ Making program implementation plans

- Labor safety activities must be included in the annual plans of ministries, branches, localities and enterprises;

- The making of labor safety plans must be combined with socio-economic development plans of ministries, branches, localities;

- Biannually and annually, preliminary reviews and final reviews must be conducted and program implementation results be announced on the mass media.

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VII. RESPONSIBILITIES OF PROGRAM-IMPLEMENTING AGENCIES

1. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Health, the Vietnam General Confederation of Labor, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Science and Technology, the Ministry of Education and Training and relevant ministries and branches in organizing the implementation of the program; elaborating and organizing the implementation of annual plans; regulating the program's activities; guiding, supervising, annually reviewing the implementation and reporting it to the Prime Minister; conducting preliminary and final reviews of the implementation of the program; setting up indemnification funds for labor accidents and occupational diseases; organizing the execution of projects on strengthening state management capacity and efficiency and on propagation, education, training to improve the awareness of all levels, branches, organizations and individuals, promote the role of the people participating in labor protection activities.

2. The Ministry of Planning and Investment shall coordinate with the Ministry of Finance in balancing and arranging annual financial plans for implementation of the program on the basis of the agreement of the Ministry of Labor, War Invalids and Social Affairs according to current regulations; assume the prime responsibility for, and coordination with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and branches in guiding localities to integrate other relevant programs with the national program on labor protection, safety and sanitation in the same locality, from elaborating plans to organizing the implementation of those plans.

3. The Ministry of Finance shall coordinate with the Ministry of Planning and Investment in arranging budget capital for ministries, branches and localities to implement the program in accordance with the State Budget Law and documents guiding the implementation of the national target program; coordinates with the Ministry of Labor, War Invalids and Social Affairs in elaborating guiding documents inspecting and supervising the implementation of the Program.

4. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, relevant ministries, branches and localities in organizing the execution of the project on on occupational disease prevention and control.

5. The Ministries of Industry and Construction shall, according to their functions and tasks, assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and relevant ministries and branches in organizing the execution of the project carry on improving working conditions at enterprises, concentrating on the reduction of labor accidents in the domain of mining, electricity consumption and construction.

6. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, relevant ministries and branches in formulating, promulgating and uniformly managing the system of technical standards and regulations on quality, specifications of individual labor protection devices; carrying our scientific schemes on labor safety and sanitation.

7. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Vietnam Peasant's Association and relevant ministries and branches in organizing the execution of the project on enhancing the prevention of labor accidents and occupational diseases in agricultural production and rural trades.

8. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in conducting education about labor safety and sanitation, and environment for pupils and students.

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10. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and relevant ministries and branches in carrying out activities to improve working conditions, reduce TNT intoxication in the storing, preservation, repair and handing of technical equipment in service of security and defense.

11. Provincial/municipal People Committees shall take initiative in coordinating with relevant ministries and branches in participating in the program's activities.

12. The Vietnam General Confederation of Labor shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Science and Technology and relevant ministries and branches in organizing scientific research and development, raising the effectiveness of mass movements in the domain of labor protection, safety and sanitation in the modernization and industrialization period; executing the project on strengthening the capacity of research and application of labor safety and sanitation technologies.

13. The Vietnam Chamber of Commerce and Industry, the Vietnam Union of Cooperatives shall, according to their functions and tasks, coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and relevant ministries and branches in executing the project on improving the quality of labor protection activities in small- and medium-sized enterprises.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decision .