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Department of Work Safety

DEPARTMENT OF WORK SAFETY

Ha Tat Thang
Bui Duc Nhuong
Nguyen Anh Tho
 MINISTRY OF LABOUR - INVALIDS                                   SOCIALIST REPUBLIC OF VIETNAM
              AND SOCIAL AFFAIRS                                                   Independence - Freedom - Happiness
                              *****                                                                 
                   No. 1128/QD-LDTBXH                                                          Hanoi, the 14th July 2017
 
 
DECISION
On Roles, Responsibilities, Duties, Authorities and Organization
of  Department of Work Safety
 
THE MINISTER OF LABOUR - INVALIDS AND SOCIAL AFFAIRS
 

Pursuant to the Law of the Government Organization dated 19th June 2015;

Pursuant to the Decree No. 123/2016/ND-CP of the Government, dated  01st September 2016, which stipulates roles, duties, authorities and organization structures of Ministries and Ministerial-level organizations;

Pursuant to Decree No. 14/2017/ND-CP of the Government, dated 17th February 2017, which  stipulates roles, duties, authorities and organization structures of the Ministry of Labour - Invalids and Social Affairs;

Upon the proposal of the Director General of the Department of Personnel and Organization;

DECIDES

Article 1. The Department of Work Safety is a unit of the Ministry of Labour - Invalids and Social Affairs, has the responsibilities and duties to assist the Minister in performing the state management role in work safety area throughout the country, as specified by laws.

In the international cooperation, the Department's official name is Department of Work Safety, and its short form is DWS.

Article 2. The Department of Work Safety performs the following duties

1. Carrying out research works and submitting to the Ministry

a) Draft laws and ordinances and other legal documents on work safety & hygiene, working and rest time.

b) Strategies, programs, long-term and annual plans, projects, national profile on work safety & hygiene. 

c) Providing guidelines on inspection and auditing works over quality of equipment, machinery and materials with special requirements of work safety with special requirements on work safety as required by laws.

d) On work safety and hygiene:

- Preparing national system of work safety standards and norms and provision of guidelines for implementation

- Preparing lists of equipment, machinery and materials with special requirements of work safety;

- Preparing lists of works, tasks and activities with special requirements on work safety, list of hard, hazardous, dangerous works, tasks and special hard, hazardous, dangerous works, tasks;

- Providing guideline on ensuring work safety and hygiene for specific labourers and enterprises as the regulation of law;

- Providing guideline on collecting, restoring, reviewing, providing, announcing, evaluating the situation on labour accident, serious technical incidents causing occupational safety – hygiene failures in accordance with the regulation.

e) On work safety schemes and policies

- Regulating the responsibilities of employers with victims of work accidents and occupational illnesses & diseases (payment salary in the time of treatment and rehabilitation, compensation, allowance of work accidents and occupational illnesses&diseases);

- Regulating the standards and classifications labour based on working condition; policies on personal protective equipment in work;

- Preparing policies and schemes of in-kind compensation to workers working in special hazardous and dangerous conditions.

- Preparing lists of occupations and works which are entitled to use people from full age of 15 years old to under 18, allowed to have over-time works and work at night shift.

-  Preparing lists of other works and working locations which impose negative impacts to health, safety or moral of the junior people.

- Providing consultation services to the Ministry of Public Health for preparation and publication of list of occupational illnesses and diseases.

g) Training occupational safety and hygiene, management of equipment, machinery and materials with special requirements of occupational safety:

- Implementing the State management to the operation of training occupational safety and hygiene and validation and calibration of equipment, machinery and materials with special requirements of work safety.

- Preparing procedures and processes of validation and calibration of equipment, machinery and materials with special requirements of work safety within the responsibilities. Providing the other ministries, sectors with consultations in order to issue the procedures and processes of validation and calibration of equipment, machinery and materials with special requirements of work safety within the ministries’ and sectors’ responsibilities as the regulation of law;

2. Providing guidelines to and monitoring the implementation of State's and Ministry’s regulations as the responsibilities assigned.

3. Monitoring, reviewing, providing information of occupational safety and hygiene; occupational safety and hygiene statistic in accordance with regulation of law on statistic; building, managing the database on occupational safety and hygiene on the whole country scale.

4. Conducting update, statistic, report on occupational accident; implementing the collection, archive, review, providing, announcement, evaluation on occupational accidents, occupational illness and diseases, serious technical incidents causing occupational safety – hygiene failures.

5. Organizing activities of communication, information and education on occupational safety and hygiene; prevention from the technical incidents causing occupational safety and hygiene failure, occupational accidents, occupational diseases and illnesses as assigned by the Ministry;

6. Providing guideline and implementation of the National month on work safety & hygiene.

7. Implementing the specific inspection on occupational safety and hygiene as assigned by the Ministry and regulation of law.

8. Providing recommendation of merits and rewards good safety performance as assigned by the Ministry.

9. Assisting the Ministry to implement the duties of standing agency of National Council on Occupational Safety and Hygiene; chairing and coordinating with the ministries and ministerial agencies, Government’s agencies, provincial People’s Committees implementing the cooperation regime on occupational safety and hygiene.

10. Supporting the Ministry in managing associations, NGOs operating in work safety as specified by laws.

11. Conducting international cooperation activities as assigned by the Ministry.

12. Taking part in research works, in training activities to specialized personnel, civil and public servants, workers in the area of work safety as assigned by the Ministry.

13. Collecting information and data, making periodical and incidental reports on work safety area as the responsibilities scale of the Ministry.

14. Coordinating and collaborating with the Department of Personnel & Organization to prepare lists of works and work positions, lists of job titles of work safety personnel, estimates of required number of personnel, structure of organization and job titles in state management units in work safety area as assigned by the Ministry.

15. Managing officials, public servants, labourers, estate and financial resources as specified by legislation and the Ministry.

16. Performing any tasks requested by the Ministry.

Article 3. Organization of the Department

1. The Department has a Director General and not over 03 Deputy Directors General.

2. Functional divisions include:

- Division of Policies of Occupational Safety and Protection;

- Division of Occupational Safety Standards and Criteria;

- Division of Quality management to Products/ Goods with Special Work Safety Requirements;

- Division of Information, Communication and Training;

- Division of Inspector - Legal Affairs

- Division of Planning & Finance;

- Department Office;

- Centre for Occupational Safety Training (functional unit).

Article 4. The Department Director General’s duties include issuance and implementation of working relation regulations of the Department; specifying roles and duties of the functional divisions; managing and specifying tasks and works within the staff to ensure the completion of the assigned duties and tasks; building and submiting to the Minister the regulation of functional, duties, authorities and organizational structure of Centre for Occupational Safety Training.

Article 5. The Department has its own seal and account and performs as an independent legal entity.

Article 6. This Decision comes into force from the date of signing, supersedes the Decision No.948/QD-LDTBXH dated 25 June 2013 of the Minister of Labour - Invalids and Social Affairs on role, responsibility, duty and authority of the Department of Work Safety.

Article 7. The Chief of the Ministry Office, the Director General of the Department of Personnel & Organization, the Director General the Department of Planning - Finance, the Director General of the Department of Work Safety and the heads of the related units bear full responsibility for implementation of this Decision.

 
 
 
                                                                                                                             THE MINISTER
                                   
                                                                                                                           Signed and sealed
 
                                                                                                                             Dao Ngoc Dung