Organization of occupational safety and sanitation division

Article 36 - DECREE 39/2016/NĐ-CP

1. For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

b) The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

c) The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

d) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:

a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;

b) The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;

c) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;

3. The persons performing the activities of occupational safety and sanitation in the form of full-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

a) Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

b) Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.

c) Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.

4. The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:

a) Have university level of engineering specialties;

b) Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.

c) Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.