Who the Law covers
The Law covers almost everyone who works. That means workers on labour contracts, probationers and apprentices. It means civil servants and the armed forces, and people working without a contract. Foreign workers in Vietnam are covered too, and so are employers (Article 2).
In September 2026 the Government approved a draft amending law. It would change OSH training, equipment inspection and environment monitoring. The National Assembly has not passed it yet, so the 2015 Law still applies.
Employer duties
Article 7 sets the main duties. As the employer you must:
- train your workers and give them PPE;
- arrange health checks and occupational disease screening;
- never force anyone to keep working, or go back, when there is a serious and imminent danger;
- appoint an OSH person or department, and set up a network of safety officers with the union;
- report and investigate accidents;
- consult the grassroots union on OSH plans and rules.
You must also assess risks (Article 77), keep an emergency response plan (Article 78) and run your own inspections (Article 80).
Worker duties and the right to refuse
Workers must follow OSH rules and procedures. They must use and look after their PPE, report hazards quickly, and help in an emergency when told to (Article 6.2).
A worker may refuse a task, or leave the workplace, when there is a clear risk of an accident that seriously threatens life or health. They keep full pay and cannot be disciplined. They must tell their direct manager at once (Article 6.1).
OSH staff, medical staff and safety officers
Decree 39/2016 sets how many OSH staff you need. High-risk sectors include mining, chemicals, metals, construction, shipbuilding and power.
| Workers | High-risk sectors | Other sectors |
|---|---|---|
| Under 50 | 1 part-time | 1 part-time (under 300) |
| 50 to 299 | 1 full-time | |
| 300 to 999 | 2 full-time | 1 full-time |
| 1,000 or more | An OSH department or 3 full-time | A department or 2 full-time |
Medical staff also scale with sector and headcount (Article 73). Every production team needs at least one part-time safety officer, called an an toàn, vệ sinh viên (Article 74).
Training
Decree 44/2016, as amended in 2018, sorts people into six training groups:
| Group | Who | First training |
|---|---|---|
| 1 | Managers | 16 hours |
| 2 | OSH staff and supervisors | 48 hours |
| 3 | Workers in jobs with strict OSH requirements | 24 hours |
| 4 | All other workers | 16 hours |
| 5 | Medical staff | 16 hours |
| 6 | Safety officers | 4 extra hours |
Groups 1 to 3, 5 and 6 refresh at least every two years, at half the original hours. Group 4 retrains every year. Anyone back after six months or more away retrains at half the hours.
Health checks and equipment
- Health checks happen at least once a year (Article 21).
- Heavy, hazardous or dangerous work needs checks every six months. So do disabled, minor and older workers.
- Check workers before they start, and before they move to more hazardous work.
- Equipment with strict safety requirements must be inspected before use and at set intervals (Article 31).
- Declare that equipment to the provincial Department of Home Affairs within 30 days of putting it to use.
Reporting accidents
The injured worker, or anyone who sees the accident, tells the supervisor and the employer straight away (Article 34).
If someone dies, or two or more workers are seriously hurt, the employer reports at once to the provincial labour authority. For a death, the employer also reports to the police. Decree 39/2016 says to use the fastest means: in person, phone, fax or email.
Keep accident statistics. Send a report every six months and every year to the provincial labour authority (Article 36).
Decree 39/2016 still names the old provincial labour department. Since the 2025 restructuring that role sits with the provincial Department of Home Affairs, and district governments no longer exist. Confirm the current contact with your province.
Fines
Decree 283/2026 sets the fines. It took effect on 10 September 2026. The amounts below are for individuals. An organisation pays double.
| Breach | Fine (VND) |
|---|---|
| Worker not using the PPE provided | 500,000 to 1 million |
| No OSH person or department | 5 to 10 million |
| No health checks | 1 to 3 million per worker, up to 75 million |
| No OSH training, or no safety card | 5 to 10 million (1 to 10 workers), up to 40 to 50 million (301 or more) |
| Equipment not inspected | 20 to 30 million (1 to 3 machines), up to 75 million (21 or more) |
| Not investigating or reporting an accident, or reporting late or falsely | 20 to 25 million |
| Forcing work under a serious, imminent danger | 30 to 40 million |
Quick check for your site
- Enough OSH staff for your sector and headcount, and a safety officer in every production team.
- Training records for every group, with refreshers on time.
- Health checks every year, or every six months for hazardous work.
- Strict-requirement equipment inspected and declared.
- A risk assessment and an emergency response plan.
- Everyone knows a death or serious accident is reported at once.
Sources
- Law on Occupational Safety and Health No. 84/2015/QH13, Official Gazette of Vietnam.
- Consolidated text 14/VBHN-VPQH (2024), National Assembly Office.
- Decree 39/2016/NĐ-CP, Official Gazette of Vietnam.
- Decree 44/2016 and Decree 140/2018, consolidated, Ministry of Labour (former MOLISA).
- Decree 283/2026/NĐ-CP on administrative fines, Government of Vietnam.
- Ministry of Home Affairs takes over labour functions, Government of Vietnam.
- Government approves draft amending law (September 2026), Government News.
This is practical guidance, not legal advice. Check the current official text and your site's own procedures.
