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Legal Update

List Provided of Machinery, Equipment and Materials Subject to Labour Safety Requirements

3 April 2014
Mayer Brown JSM Legal Update

To provide guidelines on the provisions on labour safety of the Labour Code, which came into force on 1 May 2013, the Ministry of Labour, Invalids and Social Affairs issued Circular No. 05/2014/TT-BLDTBXH (Circular 05) on 6 March 2014, promulgating the list of machinery, equipment and materials that are subject to strict requirements on labour safety. Circular 05 takes effect from 1 May 2014, replacing Circular No. 32/2011/TT-BLDTBXH on the same subject.

Circular 05 lists 25 items of machinery, equipment and materials that are subject to strict requirements on labour safety. The list includes (among other things) boilers of all types, lifts, bridge cranes, etc.

We note that pursuant to Decree No. 45/2013/ND-CP dated 10 May 2013, which provides in detail the provisions of the Labour Code on working and rest time, employers using machinery, equipment and materials that are subject to the strict requirements on labour safety are responsible for:

  1. Signing a contract with a licensed labour safety appraisal organisation to conduct appraisals (before putting such machinery, equipment and/or materials into operation, and periodically); and
  2. Declaring, and making reports on, the use of such machinery, equipment and/or materials to the competent authorities of the state.
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