Circular No 20

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    CIRCULAR No 20/1997/TT-BLD-TBXHDATED 17/12/1997 OF THE MOLISA INSTRUCTING

    ANNUAL REWARD FOR OCCUPATIONAL SAFETYAND HEALTH ACTIVITIES

    In order to give incentive to individuals and organisations which have achieve good

    results in the implementation and administration of occupational safety and health activitiesaccording to the Labour Code, after the consultation with the State Reward Institute and theother concerned bodies, MOLISA provides the guidance for annually rewarding onoccupational safety and health activities as follows

    I ! S"#$%C&S 1 Co!!"#$%&"'(a' All "nderta(ings and %nterprises including production groups and production teams of

    all economic sectors)b' All "nits in charge of Occupational safety and health Activities in "nderta(ings and

    %nterprises) 2 I)*%&%*+,!'(a' &he full ! time or part ! time Staffs in charge of Occupational safety and health

    Activities in "nderta(ings and %nterprises*b' +irectors and vice! directors of the "nderta(ings and %nterprises*c' or(ers, including the group-s leaders

    II) &.% CR&&%RIA /OR R% AR+ 1 Co!!"#$%&"'1.1. In case of Undertakings and other business units:a' %very year a plan which meets all re0uirements on safety and health, fire and blasting

    protection is developed, ade0uate budget is allocated to ensure effective implementation ofthe plan* Occupational safety and health Activities is well implemented in combination withproduction development and productivity increase)

    b' Responsibility of each level and position of administration and the internal rules,processes, measures on safety for each (ind of machinery, e0uipment, 1obs are clearlydefined)

    c' 2art ! time or full!time staffs is assigned for Occupational safety and health, a networ(of safety and health is found in every wor(ing groups, the fire protection force is availableand in good performance)

    d' Many efficient measures and ade0uate investment have been made in order toimprove the or(er-s wor(ing conditions)

    e' Occupational safety and health benefits are fully 2aid allowance in accordance withthe law, such as

    ! &raining on occupational safety and health, fire ! blast 2rotection*! &echnical inspection and application for a licence of "se Of machinery e0uipment,

    materials, substances having strict re0uirements on occupational safety and health asre0uired by law*

    ! 2roviding ade0uate personal protective e0uipment, fire ! blast protective andemergence medical devices in accordance with prescribe norms and (eeping regular chee(sand maintenance to ensure their effective use

    ! 2roviding sufficiently and properly compensation in (ind! 2eriodical health e3amination is well organised*! All regulations on wor(ing time and time of rest are strictly observed*f' 4o fatal occupational accident or accident that cause in1ures for several employees and

    fire ! blast accidents have happened in a year)g' /ull compliance with regulations on periodical declaration, inspection, statistics and

    report on occupational accidents and diseases)h' %nvironment and surrounding is preserved in clean and beauty)1.2. In case of working groups:

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    a' A safety plan is available and in operation safety procedures and standards are strictlyobserved)

    b' Safety cadres and hygienist are wor(ing activity and effectively)c' AIl following occupational safety and health regulations are well implemented! &o guide and supervise the use and maintenance of personal protective, fire!blast

    protection, emergency aid devices and (eep regular inspection, ensure their effective use*

    ! &o observe all regulations on time of wor( and time of rest*d' &here are no fatal occupational accident or accident that cause or in1ury for severalemployees, no fire!blast accidents*

    e' &o declare and do statistics all cases of occupational accident fully) 2 I)*%&%*+,!'5)6) In case ofthe part!time or full!time occupational safety and health staffs of

    "nderta(ings and %nterprisesa' &o advise the "nderta(ing-s leaders to implement sufficiently occupational safety and

    health legislation) &o develop long!term and annual plans on Occupational safety and health,to prepare a budget estimate to propose measures for implementation to employers*

    b' &o establish and (eep a file of, document and records relating to Occupational safetyand health Activities in accordance with regulations such as Internal rules, processes andprocedures on occupational safety* training records, occupational in1ury records, record ofsub1ects having strict re0uirements on occupational safety and health, sell inspectionrecords, training materials)

    c' &o (now e3actly number of machinery, e0uipment, materials and substances havingstrict re0uirements on occupational safety and health under administration of units, to havea periodical inspection plan and get licence of use)

    d' &o be regularly present at wor(place to and coordinate with concerned individuals andorganisation in order to remind, to chec( and to supervise the implementation by employeesall regulations on occupational safety and health, fire!blast protection, to inspect and findout causes of the occupational accident, production incidents and ma(e statistic reportsaccordance with laws)

    e' &o have some innovations on technical improvement and administration which aim toimprove the wor(ing conditions and to ensure occupational safety and health)

    2.2. In case of Director, vice director of Undertakings and Enterprises:a' &o fulfil properly all regulations, procedures and standards on OS. as defined in point

    I)I Section II*b' &o have innovation on technical improvement and administration, which aim to

    improve the wor(ing conditions, and to ensure the occupational safety and health) 2.3. In case of worker (inc uding fore!an, eader of group and e"uiva ent#:a' &o observe strictly all safety procedures and standards and do not admit any

    occupational accident)b' &o carry out sufficiently all provisions on occupational safety and health concerning

    provide personal protective devices fire!blast protection devices, self chec( and self control)c' &o be diligent roll in occupational safety and health movement of unit, having

    contribution into detecting and eliminating ris(s of occupational accidents and diseases)d' &o have innovations on technical improvement which aim to improve wor(ing

    conditions and to prevent occupational accidents)III ! /ORM O/ R% AR+I47

    1 I) #,'" o Co!!"#$%&"! Letter of commendation*! Certificate of merit*! Challenge banner*! Labour medal 8order') 2 I) #,'" o %)*%&%*+,!! Letter of commendation*

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    ! Certificate of merit*! Labour Medal 8order')

    l9 !COM2%&%4C% A4+ 2ROC%+"R% /OR R% AR+ 1 P"o.!" ' #o)+)%$$"" o . o&%)#" ,)* C%$%"' U)*" $ " C")$ ,! Go&" ) ")$(

    ! #asing on the forms and criteria of rewarding as mention above and within itscompetence, 2eople-s Committee of province or Cities under the Central 7overnment shallconsider and reward individuals, collectives referred to section I, who have rendered goofservice in administration of occupational safety and health, fire!blast protection activities*

    ! &he number of rewards and its procedures are decided by the 2eople-s Committee ofprovinces or Cities under the Central 7overnment)

    2 MOLISA ' ,!! "3, * $ " #" $% %#,$" o " %$4 # ,!!")5" 6,))" $o #o!!"#$%&"'

    ,)* %)*%&%*+,!' 3 o ,&"3")*" "* 5oo* '" &%#"'2. I. $o reward %&'I )* certificate of !erit:! &he ma3imum number of certificates for individuals and collectives is defined as

    followsa' A certificates of merit to one individual and one collective shall be offered to the

    locality, which has less than 5:: "nderta(ings offersb' &wo certificates of merit to two individuals and two collectives respectively shall be

    offered to the locality, which has from 5:: to 6::: "nderta(ings)c' &hree certificates of merit to two individuals and three collectives respectively shall be

    offered to the locality, which has more than 6::: "nderta(ings offers! &he Labour, Invalids and Social Affairs departments select individuals and collectives

    operating within)localities and report to the 2eople-s Committee of province in order tore0uest to MOLISA to honour them !with a certificate of merit) &his re0uest needs to besupplemented with recommendations of local reward councils, or supervising ministriesbranches)

    2.2. $o reward with %&'I )* cha enge banner:Annually, MOLISA shall select among the proposed candidates some collectives having to

    Occupational Safety and .ealth Activities in localities with industrial density andconcentration of many several hard, ha;ardous, dangerous elements for reward of MOLISA-Schallenge banner)

    To . o.o'" , #,)*%*,$" o $ " P % " M%)%'$" ' #" $% %#,$" o " %$ ,)* $ "

    Go&" ) ")$ ' # ,!!")5" 6,))" (3. 1. $o propose a candidate for the +ri!e %inister*s certificate of !erit:! Annually, MOLISA shall submit to the 7overnment a list of individuals and collective

    proposed for the 7overnment-s certificate of merit for their contribution to Occupationalsafety and health Activities*

    ! Localities shall select candidates among those who have been rewarded with certificateof merit for their contribution to Occupational safety and health Activities for < yearsconsecutively of MOLISA or by 2eople-s Committee of provinces, cities under the Central7overnment or have been rewarded with I challenge banner and 5 certificates of merit ofMOLISA for = years consecutively*

    ! MOLISA shall in co!operation with State Institute of %mulation and Reward consider andsubmit candidates to the 2rime Minister for decision)

    3.2. $o propose a candidate for cha enge banner of govern!ent.! Annually, based on the list of underta(ings which have been reward by Minister of

    MOLISA or Chairman of 2rovincial 2eople-s Committee, MOLISA shall select the most eminentcollective in order to propose rewarding with the 7overnment- challenge banner)

    8 To . o.o'" $o $ " S$,$" o $ " "3, * o !,6o+ o *"! Labour order is reward to individuals and collectives which have rendered meritorious

    services to Occupational safety and health Activities and have been rewarded with 2rime

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    Minister-s certificate of merit or the challenge banners of 7overnment and MOLISA or abanner, certificate of merit of 2eople-s Committee of province, Cities for their achievementsin Occupational safety and health Activities for < years consecutively) Special attentionshould be paid to branches having several hard, harmful, dangerous elements, such asmining, construction, transportation, heavy and chemical industries)

    ! &he local people-s committee shall co operate with line Ministries of "nderta(ings

    located in their localities to consider and propose to State for rewarding labour order)MOLISA shall collect and classify all candidates and co!ordinate with State Institute ofReward to submit to 7overnment for approval and decision)

    A*- o# "3, *

    Individuals and collectives having ad!hoc achievements in Occupational safety andhealth Activities shall be proposed by Ministries, branches, localities and collectiveorganisations for a reward with MOLISA-S or the 2rime Minister-s certificate of merit or labourorder immediately after those achievement are made, not wait for the end of a year)

    9 ! R% AR+ 2RO2OSAL S.ALL CO4SIS& O/

    6) &he official letter of proposal, or report, in which the proposed reward forms by the

    competent authorities are clearly defined)5) &he profile list of the nominated individuals and collectives la form is attached')=) +escription of achievements of the nominated individuals and collectives compared to

    merit criteria and verified by .ead of underta(ing, office

    9I ! IM2L%M%4&A&IO4 2RO9ISIO4 6) All provisions in this +ecree shall be effective from6>>?)5) &he proposal for a reward made by the local authorities should be sent to the MOLISA

    before =:th of 4ovember every year) %3ception is for the case of 6>>? when proposal shouldbe sent before 5>@)

    ! &he individuals and collective nominees in the armed force and police are collected andclassified by Ministry of +efence and Ministry of Internal Affair sent to the MOLISA*

    ! &he Ministries, and branches may propose to local authorities for annual reward onOccupational safety and health Activities, in respect of those units under their administrationbut located in those localities)

    =) &he Occupational Safety and .ealth +epartment is obliged to co ordinate with theMerit and %ducation department in collecting and classifying the reward proposals in orderto submit to the Ministers for decision within it-s competence and propose to the 2rimeMinistry for consideration of higher reward)

    ) &he Labour, Invalids and Social Affair +epartment shall be responsible for co ordinatewith local Merit bodies to assist the 2eople-s committee in implementing this wor( at locallevel)

    Ministries branches, localities and mass organisations shall report problems arising to theMOLISA for study and amendment)

    THE MINISTER OF THE MOLISAT ,) D%) Ho,)

    P o +!5,$"* %) ,$$# ")$ $o #%#+!, No 20/1997/TT-BLDTBXH *,$"* 17

    *"#" 6" 4 1997 o MOLISA 4ame of Office

    LIST o I)*%&%*+,!' ,)* #o!!"#$%&")o %)""' o "3, *

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    4o 4ame of enterpriseor individual

    4ame ofsupervisingorgansation

    Summarisedachievements

    /rom ofaward

    Remard

    Specify the nameof general

    company cooperation,industry'

    Specify themost eminentachevementsand rewardshave been

    given in theprevious year