Obligations of employers in using machinery, equipment, supplies and substances subject to strict occupational safety and health requirements

1. Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements  

According to the provisions of Clause 1, Article 28 of the Law on Occupational Safety and Health 2015, Machinery, equipment, supplies and substances subject to strict occupational safety and health requirements means machinery, equipment, materials or substances that are kept, transported, preserved, and used appropriately and properly as recommended by the producer, but they still pose a risk of occupational accidents or occupational diseases that cause serious consequence for the people’s health or lives during the course of work..  

The list of machinery, equipment, supplies and substances subject to strict occupational safety and health requirements is specified in Circular 36/2019/TT-BLDTBXH on List of machines and equipment , supplies and substances with strict requirements on occupational safety and hygiene issued by the Ministry of Labor, War Invalids and Social Affairs. 

2. Responsibilities of employers during the use of machinery, equipment, supplies and substances subject to strict occupational safety and health requirements  

Due to the dangerous level of machinery, equipment, supplies and substances subject to strict occupational safety and health requirements, during use, employers must comply with the following obligations: 

  • Carry out inspection before being put into use and periodically during the use of machines, equipment and supplies with strict requirements on labor safety. 
  • Select the technical inspecting organization of occupational safety to conduct the first inspection before using them or periodical inspection during the course of using the machine, equipment and materials with strict requirements on occupational safety; only put into use the machine, equipment and materials with strict requirements on occupational safety that are inspected and meet the requirements. 
  • Submit declaration to local Departments of Labor – War Invalids and Social Affairs via direct submission at Single-window Department or via post service or online via National Public Service Portal or Public Service Portal of provinces and central-affiliated cities within 30 days from the date on which machinery, equipment, and materials that are subject to strict occupational safety are brought into use, unless otherwise specified by field-specific laws. Sample official letter declaring the use of machines, equipment, and materials with strict requirements on labor safety is specified in Form No. 04 – Appendix II issued with amended Decree 4/2023/ND-CP Decree related to business investment conditions and administrative procedures under the state management of the Ministry of Labor, War Invalids and Social Affairs. 
  • Store technical safety dossiers of inspection subjects in accordance with national technical regulations on occupational safety and hygiene. If inspection subjects are transferred (or sublet), sellers (or subletters) must transfer all technical safety dossiers to buyers (or sublessors). 

3. ​Legal consequences when not complying with obligations during the use of machinery, equipment, supplies and substances subject to strict occupational safety and health requirements 

In case the employer does not comply with the obligations in the process of using machinery, equipment, supplies and substances subject to strict occupational safety and health requirements mentioned above, based on Clause 1 of Article 6 and Article 24 of Decree 12/2022/ND-CP, employers may be sanctioned for administrative violations as follows: 

 

Behavior  Form of sanction 

 

For individuals 

 

For organizations 

 

Failure to declare to the local Department of Labor, War Invalids and Social Affairs within 30 days before or after putting into use machines, equipment, supplies and substances with strict requirements on labor safety. 

 

Fine from 1,000,000 VND to 2,000,000 VND  Fine from 2,000,000 VND to 4,000,000 VND 
Failure to maintain complete technical records of machines, equipment, and supplies with strict requirements on labor safety 

 

Fine from 5,000,000 VND to 10,000,000 VND  Fine from 10,000,000 VND to 20,000,000 VND 
Using machinery, equipment, and materials with strict labor safety requirements that have not been certified in accordance with corresponding national technical regulations 

 

Fine from 15,000,000 VND to 20,000,000 VND  Fine from 30,000,000 VND to 40,000,000 VND 
Using machines, equipment, and supplies with strict requirements on safety and occupational hygiene that have no clear origin or have expired. 

 

Not inspecting before being put into use or not inspecting periodically during the use of machines, equipment, and supplies with strict requirements on occupational safety and hygiene. 

 

Fine from 20,000,000 VND to 75,000,000 VND 

 

(Depends on the number of machines, equipment, and supplies) 

Fine from 40,000,000 VND to 150,000,000 VND 

 

(Depends on the number of machines, equipment, and supplies) 

Continue to use machines, equipment, and materials with strict requirements on occupational safety and hygiene that have been inspected but the inspection results do not meet the requirements. 

 

Fine from 50,000,000 VND to 75,000,000 VND  Fine from 100,000,000 VND to 150,000,000 VND 

 

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Employment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

Share: share facebook share twitter share linkedin share instagram

Find out how we can help your business

SEND AN ENQUIRY

    Send Contact
    Call Us
    Zalo
    This site is registered on wpml.org as a development site.