| MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| No.: 10/2020/TT-BLDTBXH | Hanoi, date 12 month 11 year 2020 |
CIRCULARS
DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES OF THE LABOR CODE REGARDING THE CONTENT OF LABOR CONTRACTS, COLLECTIVE BARGAINING COUNCILS, AND OCCUPATIONS AND WORK THAT ADVERSELY AFFECT REPRODUCTIVE AND CHILD-REARING FUNCTIONS
Based on the Labor Code dated June 20, 2019;
Based on Decree No. 14/2017/ND-CP dated December 17, 2017 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Labour, Invalids and Social Affairs;
As requested by the Director of the Department of Labor Relations and Wages, and the Director of the Department of Occupational Safety;
The Minister of Labour, Invalids and Social Affairs issued a Circular providing detailed regulations and guidance on the implementation of several articles of the Labour Code concerning the content of labour contracts, collective bargaining councils, and occupations and jobs that negatively affect reproductive and child-rearing functions.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides detailed regulations and guidance for the implementation of the following articles and clauses of the Labor Code:
1. Content of the labor contract according to Clauses 1, 2 and 3 of Article 21.
2. Functions, duties, and activities of the Collective Bargaining Council as stipulated in Clause 4, Article 73.
3. List of occupations and jobs that negatively affect reproductive and child-rearing functions as specified in Clause 1, Article 142.
Article 2. Subject of application
1. Employees and employers as defined in Clauses 1, 2, and 3 of Article 2 of the Labor Code.
2. Other agencies, organizations, and individuals directly involved in the implementation of the regulations in this Circular.
Chapter II
CONTENTS OF THE EMPLOYMENT CONTRACT
Article 3. Main contents of the labor contract
According to Clause 1, Article 21 of the Labor Code, the essential contents of a labor contract are stipulated as follows:
1. Information regarding the name and address of the employer and the full name and title of the person concluding the labor contract on the employer's side is stipulated as follows:
a) Name of the employer: For businesses, agencies, organizations, cooperatives, and cooperative unions, the name shall be taken from the business registration certificate, cooperative registration certificate, investment registration certificate, investment policy approval document, or establishment decision of the agency or organization; for cooperative groups, the name shall be taken from the cooperative group's name as stated in the cooperation contract; for households and individuals, the full name of the household representative shall be taken from the Citizen Identity Card, National Identity Card, or issued passport;
b) Employer's address: For businesses, agencies, organizations, cooperatives, and cooperative unions, the address should be as stated in the business registration certificate, cooperative registration certificate, or investment registration certificate, or investment approval document, or establishment decision; for cooperative groups, the address should be as stated in the cooperation agreement; for households and individuals, the address should be as stated in the household or individual's residence address; telephone number, email address (if any);
c) Full name and title of the person concluding the labor contract on the employer's side: record according to the full name and title of the person authorized to conclude the labor contract as prescribed in Clause 3, Article 18 of the Labor Code.
2. Information regarding the full name, date of birth, gender, place of residence, Citizen Identity Card number or National Identity Card number or passport number of the person signing the labor contract on the employee's side, and other information, including:
a) Full name, date of birth, gender, residential address, telephone number, email address (if any), Citizen Identity Card number or National Identity Card number or passport number issued by a competent authority of the person concluding the labor contract on the employee's side as prescribed in Clause 4, Article 18 of the Labor Code;
b) The work permit number or a document confirming that the foreign worker is not subject to work permit requirements, issued by the competent authority;
c) Full name, residential address, Citizen ID card number or National ID card number or passport number, telephone number, email address (if any) of the legal representative of the person under 15 years of age.
3. The job duties and work location are specified as follows:
a) Job: the tasks that the worker must perform;
b) Workplace of the employee: the location and scope of the employee's work as agreed upon; if the employee works regularly in multiple locations, all those locations should be listed in full.
4. Term of the employment contract: the duration of the employment contract (number of months or days), the start and end dates of the employment contract (for fixed-term employment contracts); the start date of the employment contract (for indefinite-term employment contracts).
5. The salary based on job or position, payment method, payment schedule, salary allowances, and other supplementary payments are stipulated as follows:
a) Salary based on job or position: record the time-based salary for the job or position according to the salary scale or salary table established by the employer in accordance with Article 93 of the Labor Code; for employees receiving wages based on output or piecework, record the time-based salary to determine the unit price of the product or piecework wage;
b) Salary allowances as agreed upon by both parties are as follows:
b1) Salary allowances to compensate for factors related to working conditions, job complexity, living conditions, and the level of labor attraction that have not been taken into account or have not been fully taken into account in the agreed salary in the labor contract;
b2) Salary allowances linked to the employee's work process and performance.
c) Other additional terms as agreed upon by both parties as follows:
c1) Additional payments with a specific amount determined together with the agreed salary in the employment contract and paid regularly in each pay period;
c2) Additional payments of unspecified amounts, along with the agreed salary in the labor contract, paid regularly or irregularly in each pay period, linked to the employee's work process and performance.
For other benefits and entitlements such as bonuses as stipulated in Article 104 of the Labor Code, innovation bonuses; meal allowances; allowances for fuel, telephone, travel, housing, childcare, and raising young children; support when an employee's relative dies, when an employee's relative gets married, or on the employee's birthday; allowances for employees facing difficult circumstances due to work accidents or occupational diseases; and other support and allowances, these should be recorded as separate items in the labor contract.
d) The form of payment shall be determined by both parties in accordance with the provisions of Article 96 of the Labor Code;
d) The payment period for wages shall be determined by both parties in accordance with Article 97 of the Labor Code.
6. Promotion and salary increase system: based on mutual agreement regarding conditions, time, and salary level after promotion or salary increase, or implemented according to collective labor agreements or regulations of the employer.
7. Working hours and rest periods: as agreed upon by both parties or implemented in accordance with labor regulations, employer's regulations, collective labor agreements, and legal provisions.
8. Providing personal protective equipment for workers: types of personal protective equipment for work as agreed upon by both parties, or as per collective labor agreements, or as stipulated by the employer and the law on occupational safety and health.
9. Social insurance, health insurance, and unemployment insurance: as stipulated by the laws on labor, social insurance, health insurance, and unemployment insurance.
10. Training, professional development, and skill enhancement: rights, obligations, and benefits of employers and employees in ensuring the time and funding for training, professional development, and skill enhancement.
Article 4. Protection of trade secrets and technological secrets
1. When an employee's work is directly related to trade secrets or technological secrets as stipulated by law, the employer has the right to agree with the employee on the content of protecting trade secrets or technological secrets in the labor contract or in other written documents as prescribed by law.
2. Agreements on the protection of trade secrets and technological secrets may include the following main contents:
a) List of trade secrets and technological secrets;
b) Scope of use of trade secrets and technological secrets;
c) The duration of protection for trade secrets and technological secrets;
d) Methods for protecting trade secrets and technological secrets;
d) Rights, obligations, and responsibilities of employees and employers during the period of protection of trade secrets and technological secrets;
e) Handling violations of agreements on the protection of trade secrets and technological secrets.
3. When an employer discovers that an employee has violated the agreement on protecting trade secrets or technological secrets, the employer has the right to demand compensation from the employee in accordance with the agreement between the two parties. The procedures for handling compensation are as follows:
a) If an employee is found to have committed a violation during the term of the labor contract, the matter shall be handled according to the procedures for handling compensation for damages stipulated in Clause 2, Article 130 of the Labor Code;
b) If an employee is found to have committed a violation after the termination of the employment contract, the matter shall be handled in accordance with the provisions of civil law and other relevant laws.
4. For trade secrets and technological secrets classified as state secrets, the provisions of the law on the protection of state secrets shall apply.
Article 5. Main contents of labor contracts in the fields of agriculture, forestry, fisheries, and salt production.
1. Labor contracts for workers in agriculture, forestry, fisheries, and salt production include the main contents of labor contracts as stipulated in Clause 1, Article 21 of the Labor Code and Article 3 of this Circular. For simple jobs, performed for short periods or seasonally, the two parties may reduce the agreement on promotion as stipulated in point e, Clause 1, Article 21, and training, professional development, and skill enhancement as stipulated in point k, Clause 1, Article 21 of the Labor Code.
2. For jobs and workplaces directly affected by natural disasters, fires, or adverse weather conditions, both parties may agree in the labor contract on mechanisms for resolving issues related to the performance of the labor contract, in accordance with actual conditions and legal regulations.
Chapter III
COLLECTIVE BARGAINING COUNCIL
Article 6. Establishment of the Collective Bargaining Council
1. When there is a need for collective bargaining involving multiple enterprises through a Collective Bargaining Council, based on consensus, the employers and employee representative organizations at the workplace of the enterprises participating in the multi-enterprise collective bargaining (hereinafter referred to as the parties) shall appoint a representative to send a written request for the establishment of a Collective Bargaining Council to the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) where the head offices of the enterprises are located or where the parties choose according to the provisions of Clause 1, Article 73 of the Labor Code.
2. The document proposing the establishment of a Collective Bargaining Council must include the following key information:
a) A list of prospective enterprises participating in multi-enterprise collective bargaining, clearly stating the enterprise name; head office; full name of the enterprise's legal representative; full name of the representative of the employee representative organization at the workplace;
b) The full name, position, or title of the person unanimously nominated by the parties to be the Chairperson of the Collective Bargaining Council, along with the written consent of the person nominated to be the Chairperson of the Collective Bargaining Council. If the document does not nominate a person to be the Chairperson of the Collective Bargaining Council, the Chairman of the Provincial People's Committee shall make the decision;
c) A list of the representatives of each party participating in the collective bargaining council;
d) Expected content agreed upon by the parties regarding the negotiation agenda, the working time of the Collective Bargaining Council, the collective bargaining plan, and supporting activities of the Collective Bargaining Council (if any).
3. Within 20 working days from the date of receiving the written request from representatives of the collective bargaining parties comprising multiple enterprises, the Provincial People's Committee is responsible for issuing a decision to establish the Collective Bargaining Council. If a decision to establish the Collective Bargaining Council is not made, a written response stating the reasons must be provided.
4. The Department of Labor, War Invalids and Social Affairs is responsible for presiding over and coordinating with the provincial Labor Federation, provincial organizations representing employers, enterprises proposing the establishment of a Collective Bargaining Council, and other relevant organizations and enterprises to advise and submit to the provincial People's Committee a plan for establishing the Collective Bargaining Council. The plan shall include the following main contents:
a) The composition of the Collective Bargaining Council includes:
a1) Chairperson of the Collective Bargaining Council;
a2) Representatives of the Provincial People's Committee;
a3) Collective bargaining representatives of the parties;
a4) Other parts (if any).
b) Functions and responsibilities of the Collective Bargaining Council, the Chairman of the Collective Bargaining Council, and other departments (if any).
c) Operating hours of the Collective Bargaining Council.
d) The operational plan of the Collective Bargaining Council.
d) Funding for the operation of the Collective Bargaining Council.
e) Draft decision on the establishment of the Collective Bargaining Council.
If the Department of Labor, War Invalids and Social Affairs proposes not to establish a Collective Bargaining Council, the reasons should be clearly stated.
5. During its operation, if it is necessary to change the Chairperson of the Collective Bargaining Council, the representative of the Provincial People's Committee, or the functions, tasks, plans, and operating schedule of the Collective Bargaining Council to suit the actual situation, the incumbent Chairperson of the Collective Bargaining Council shall propose to the Provincial People's Committee for consideration and decision.
Within 07 working days from the date of receiving the proposal from the incumbent Chairman of the Collective Bargaining Council, the Provincial People's Committee shall consider, amend, and supplement the decision establishing the Collective Bargaining Council. If no amendment or supplementation is made, a written response stating the reasons must be provided.
Article 7. Functions of the Collective Bargaining Council
The Collective Bargaining Council is responsible for organizing collective bargaining sessions for representatives of the parties involved, as stipulated in the Labor Code.
Article 8. Duties of the Collective Bargaining Council
1. Develop a plan to conduct collective bargaining based on proposals from the parties and in accordance with the decision to establish a Collective Bargaining Council.
2. Organize and coordinate meetings for representatives of all parties to negotiate.
3. Provide support and relevant information to assist representatives of the parties in negotiations.
4. Provide support for the parties to conduct consultations on the content of draft collective labor agreements involving multiple enterprises, as stipulated in Clauses 2 and 3 of Article 76 of the Labor Code.
5. Organize the signing of collective labor agreements involving multiple enterprises as stipulated in Clause 4, Article 76 of the Labor Code.
6. Monitor the implementation of collective labor agreements among enterprises in accordance with the decision to establish the Collective Bargaining Council, ensuring compliance with the Council's operating time.
7. Report the results of the Collective Bargaining Council's activities to the Provincial People's Committee, and simultaneously send a copy to the Department of Labor, War Invalids and Social Affairs.
8. Perform other tasks as required by the parties and tasks as stipulated in the decision establishing the Collective Bargaining Council.
Article 9. Activities of the Collective Bargaining Council
1. The collective bargaining council works through meetings.
2. The negotiating representatives of the employer and the employee representative organization at the workplace are responsible for conducting negotiations in accordance with Clauses 1 and 2 of Article 72 of the Labor Code and deciding on the negotiation results through a meeting of the Council.
3. The Chairperson of the Collective Bargaining Council is responsible for:
a) Organize and coordinate Council meetings to enable representatives of the parties to negotiate as stipulated;
b) To consider and decide on the addition or replacement of representatives participating in negotiations for each party; to accept proposals from other enterprises to participate in the Collective Bargaining Council after obtaining the consensus of the representatives of the parties in the Collective Bargaining Council;
c) Decision to establish a support unit for the Council and the Chairman of the Council to assist the collective bargaining activities of the parties.
4. Representatives of the provincial People's Committee are responsible for supporting and providing necessary information to enable the parties to conduct negotiations.
5. The Collective Bargaining Council shall dissolve itself upon the expiration of its term as stipulated in the decision establishing the Council. If the parties agree otherwise, the Chairman of the Collective Bargaining Council shall propose to the Provincial People's Committee for consideration and decision.
6. The operating budget of the Collective Bargaining Council is contributed by the employers and employee representative organizations at the workplace in the enterprises participating in the negotiations, and also mobilized from other legal sources as prescribed by law.
Chapter IV
LIST OF OCCUPATIONS AND WORK THAT HAVE A NEGATIVE IMPACT ON REPRODUCTIVE FUNCTION AND CHILD-REARING
Article 10. List of occupations and jobs that negatively affect reproductive and child-rearing functions.
The list of occupations and jobs that negatively affect reproductive and child-rearing functions is issued in the Appendix attached to this Circular, including:
1. Occupations and jobs that negatively affect the reproductive and child-rearing functions of female workers;
2. Occupations and jobs that negatively affect the reproductive function of male workers.
Article 11. Responsibilities of employers and employees in implementing the list of occupations and jobs that negatively affect reproductive and child-rearing functions.
1. The employer has the following responsibilities:
a) Publicly disclose to employees information about occupations and jobs that negatively affect reproductive and child-rearing functions currently available in the workplace (hereinafter referred to as occupations and jobs that negatively affect reproductive and child-rearing functions);
b) Provide complete information about the harmful effects and preventive measures against hazardous and detrimental factors of occupations and jobs that negatively affect reproductive and child-rearing functions, so that workers can make informed choices about employment; conduct pre-employment health checkups, periodic health checkups, occupational disease examinations, and ensure safe and hygienic working conditions in accordance with the law when employing workers in occupations and jobs that negatively affect reproductive and child-rearing functions.
2. The employee has the following responsibilities:
a) Thoroughly investigate occupations and jobs that negatively impact reproductive and child-rearing functions in order to consider and decide on the conclusion, modification, supplementation, and implementation of labor contracts in accordance with regulations;
b) Comply with legal regulations on occupational safety and hygiene when performing occupations or jobs that negatively affect reproductive and child-rearing functions as stipulated in the employment contract.
Chapter V
TERMS ENFORCEMENT
Article 12. Enforcement
1. This Circular shall take effect from January 1, 2021.
2. From the date this Circular comes into effect, the following Circulars shall cease to be in effect:
a) Circular No. 47/2015/TT-BLDTBXH dated November 16, 2015, issued by the Minister of Labour, Invalids and Social Affairs, guiding the implementation of several provisions on labor contracts, labor discipline, and material liability of Decree No. 05/2015/ND-CP dated January 12, 2015, of the Government detailing and guiding the implementation of some contents of the Labour Code;
b) Circular No. 26/2013/TT-BLDTBXH dated October 18, 2013, issued by the Minister of Labor, War Invalids and Social Affairs, promulgating the List of jobs where female workers are not allowed to be employed.
3. The salary used as the basis for calculating severance pay and unemployment benefits is the average salary according to the labor contract, including the basic salary, salary allowances, and other supplementary payments as stipulated in point a, sub-point b1 of point b, and sub-point c1 of point c, Clause 5, Article 3 of this Circular, for the 06 consecutive months preceding the employee's termination or loss of employment.
During the implementation process, if any difficulties arise, agencies, units, and businesses are requested to report them to the Ministry of Labour, Invalids and Social Affairs for timely additional guidance./.
APPENDIX
LIST OF OCCUPATIONS AND WORK THAT HAVE A NEGATIVE IMPACT ON REPRODUCTIVE FUNCTION AND CHILD-REARING
(Attached to Circular No. 10/2020/TT-BLDTBXH dated November 12, 2020 of the Minister of Labour, Invalids and Social Affairs)
Part I
Occupations and jobs that negatively impact the reproductive and child-rearing functions of female workers.
Item 1
Occupations and jobs that apply to all female workers
Occupations and jobs that negatively affect the reproductive and child-rearing functions of female workers, as stipulated in Clause 1, Article 142 of the Labor Code, are as follows:
1. Directly melting and pouring molten metal in furnaces:
1.1. Electric arc furnaces of 0,5 tons or more;
1.2. Rotary kiln (for iron smelting);
1.3. Open-hearth furnace (steelmaking);
1.4. Blast furnace.
2. Hot rolling of metals (excluding non-ferrous metals).
3. Direct smelting of non-ferrous metal ores (copper, lead, tin, mercury, zinc, silver).
4. Fire the coke ovens.
5. Welding in enclosed spaces, welding at a height of more than 10m above the working floor.
6. Exploratory drilling, drilling with explosives, and blasting.
7. Using levers to pry up rocks on the mountain.
8. Installing offshore drilling rigs.
9. Drilling for oil and gas exploration.
10. Working regular shifts on offshore oil rigs (excluding medical and social services, and accommodation services).
11. Maintenance and repair of power lines in underground conduits or on outdoor poles, high-voltage power lines, and erection of high-voltage power poles.
12. Maintenance, erection, and repair of high-rise towers across rivers and antenna towers.
13. Working in a submerged tank.
14. Directly aligning large panels or components during construction using manual methods.
15. Directly digging wells and completing well construction using manual methods.
16. Directly digging up large tree stumps, felling large trees, transporting, hauling, loading and unloading large timber, manually sawing large timber with a diameter greater than 40 cm; sawing and pruning branches at a height of over 5m using manual methods.
17. Use pneumatic hand tools with a pressure of 4 atmospheres or more (such as drills, hammers).
18. Operating heavy construction machinery with a power output exceeding 36 horsepower, such as excavators, bulldozers, and tracked vehicles (excluding those with hydraulic assistance).
19. Painting, repairing, constructing, plastering, cleaning, and decorating work on the exterior of high-rise buildings (from the 3rd floor upwards or at a height of over 12m above the work platform) without the use of machinery, cranes, or sturdy scaffolding.
20. Salvaging submerged logs, hauling logs in the basin, and bringing logs ashore.
21. Rafting down the river, which has many rapids and waterfalls.
22. Harvesting of swallows' nests (except for harvesting nests in swallows' farms); harvesting of bat guano.
23. Jobs on seagoing vessels (excluding jobs in restaurants, cabins, tables, and reception on cruise ships).
24. The job of guarding and watching over ships in the lock and slipway.
25. Boiler operation (excluding automatic operation, and operation of oil- and electricity-powered boilers).
26. Train driving (excluding trains with a high degree of automation, trains running within cities, and tourist trains).
27. Work involving the construction of ship hulls (wooden and steel ships) that requires carrying and positioning workpieces weighing 30 kg or more.
28. Conduct river surveys in areas with high rapids, deep mountains, and dangerous terrain.
29. Operating dredgers; operating floating cranes.
30. Driving a vehicle with a payload exceeding 2,5 tons (excluding vehicles with a payload under 10 tons that have power steering).
31. Jobs requiring lifting or carrying loads exceeding 50kg.
32. Operating sizing machines, dyeing machines of all types, drying machines, gloss inspection machines, and shrinkage prevention machines (excluding machines with automated operation modes).
33. Pressing large, rigid sheets of leather (except for machines with automated operation).
34. Driving agricultural tractors with a power output of 50 horsepower or more.
35. Performing autopsies, embalming, burying the dead (except cremation), and exhuming graves.
36. Underwater concrete pouring; divers.
37. Dredging of underground sewers (excluding automatic dredging by machine); work that requires frequent immersion in dirty water (from 4 hours a day or more, for more than 3 days a week).
38. Tunneling; shaft excavation; and other mining work (excluding medical and social services and unforeseen work as required by management, but must comply with current national technical standards on safety and health standards for workers in mines).
39. Operating a research nuclear reactor at a nuclear power plant.
40. Use of radioactive materials.
41. Production and processing of radioactive materials.
42. Storage and handling of radioactive materials, storage of radioactive waste, and spent radioactive sources.
43. Using radiation equipment, operating irradiation equipment.
44. Packaging and transporting radioactive materials, nuclear source materials, and nuclear materials.
45. Exploration, extraction, and processing of radioactive ores.
46. Providing support services for atomic energy applications that may involve direct exposure to ionizing radiation.
47. Direct contact with paint during the production of lacquerware handicrafts and lacquer paintings.
48. Manufacturing, processing, or direct contact with metals during the creation of graphic art involving metal engraving.
49. Circus (adventure, contortion, animal acts, balancing acts).
50. Water puppetry.
51. Ballet.
52. Directly inventory, preserve, restore, and repair documents, books, newspapers, films, and photographs in the library's archives and technical preservation room.
53. Directly involved in providing services for mobile libraries and circulating materials.
54. Inventory, preservation, technical treatment, repair, and restoration of museum artifacts.
55. Industrial cleaning of a 500kVA substation.
Item 2
Occupations and jobs applicable to female workers during pregnancy or while raising children under 12 months old.
In addition to the 55 jobs specified in Section 1, Part I of this document, the following jobs will negatively affect the reproductive and child-rearing functions of female workers during pregnancy or while raising children under 12 months old:
1. Jobs in workplaces polluted by electromagnetic fields beyond the permissible limits according to national technical standards and regulations on occupational hygiene (such as jobs at radio broadcasting stations, radio and television broadcasting stations, radar stations, and telecommunication satellite stations).
2. Direct contact (including production, transportation, storage, and use) with the following pesticides, herbicides, termite control agents, rodenticides, mosquito control agents, insecticides, and other chemicals that have the potential to cause genetic mutations and cancer:
2.1. 1,4-Butanediol, dimethanesulfonate;
2.2. 2-Naphtylamine;
2.3. 2,3,7,8- Tetrachloro dibenzene furan;
2.4. 3- Alfaphenyl – betaacetylethyl;
2.5. 4- Amino, 10 – Methyl fluoric acid;
2.6. 4-Aminobiphenyl;
2.7. 5- Fluoro-uracil;
2.8. Amosite asbestos, chrysotil asbestos, crosidolite asbestos;
2.9. Arsenic, calcium arsenate;
2.10. Acetysalicylic acid;
2.11. Asparagus;
2.12. Benomyl;
2.13. Benzene;
2.14. Boric acid;
2.15. Insoluble chromate salts;
2.16. Caffeine;
2.17. Lead, lead acetate, lead nitrate (contact with lead-containing chemicals such as gasoline, paint, printing ink; battery manufacturing, lead soldering);
2.18. Dimethyl sulfoxide;
2.19. Direct blue-1;
2.20. Dioxin;
2.21. Dietystilboestrol;
2.22. Dichloromethyl ether;
2.23. Formamide;
2.24. Hydrocortisone, Hydrocortisone acetate;
2.25. Iodine (metal);
2.26. Potassium bromide, potassium iodide;
2.27. Vinazo aerosol;
2.28. Mercapto-purine;
2.29. N, N-di (Chloroethyl) 2- Naphthylamine;
2.30. Sodium arsenate, sodium arsenite, sodium iodide, sodium salicylate;
2.31. Coal tar, coal tar volatile fraction;
2.32. Nitrogen pentoxide;
2.33. Mercury, methylmercury compounds, methylmercury chloride;
2.34. Propylthiouracil (PTU);
2.35. Tetramethyl thiuram disulfide;
2.36. Trameinnolone actonide;
2.37. Thorium dioxide;
2.38. Theosunfan;
2.39. Triton WR – 1339;
2.40. Trypan blue;
2.41. Ribavirin;
2.42. Valproic acid;
2.43. Vincristine sulfate;
2.44. Vinyl chloride, vinyl chloride;
2.45. Cyclophosphonamide.
2.46. Sulfuric acid (H2SO4);
2.47. Arsenic and arsenic compounds (As);
2.48. Arsin (AsH3);
2.49. Cadmium and its compounds (Cd, CdO);
2.50. Chromium (water-soluble form) (Cr6+);
2.51. Chromium oxide (CrO3);
2.52. Ethanol (CH3CH2OH);
2.53. Formaldehyde (HCHO);
2.54. Vinyl chloride (C2H3Cl).
3. Direct exposure to chemicals that negatively affect the fetus and breast milk, including:
3.1. 1,1- Dichloro – 2,2-di(4-chlorophenyl) ethane;
3.2. 1,3-Dimethyl – 2,6 dihydroxypurine;
3.3. 2-Sulfamilamidotazol;
3.4. 4,4 – DDE;
3.5. Andrin;
3.6. Antimony;
3.7. Betaquinine;
3.8. Compounds containing lithium;
3.9. Califerol;
3.10. Chloral hydrate;
3.11. Decarchlorobiphenyl;
3.12. Potassium penicillin G;
3.13. Quinidine gluconate;
3.14. Strontium (Sr) peroxide;
3.15. Sunfadiazin, sulfatpiridine, sulfatmetazin Sodium, sulfanilamide, sulfamerazine, sulfisoxazole acetyl;
3.16. Cesium and cesium-containing salts (Ce);
3.17. Cyclosporin.
4. Jobs involving contact with organic solvents such as: impregnating railway sleepers, applying photographic emulsion to paper, printing patterns on thin films, printing labels on thin glossy paper, laminating phenolic resin, operating phenolic resin multi-condenser.
5. Jobs in rubber production: raw materials, weighing, sifting chemicals, working in rubber latex fumigation ovens.
6. Repairing furnaces, tanks, and sealed steel pipelines in chemical production.
7. Working in tobacco fermentation ovens, pipe tobacco ovens, and cigarette drying ovens.
8. Burn gas in a furnace to melt glass, then blow the glass by mouth.
9. Soaking hides, salting hides, and unloading raw hides.
10. Coat the wine tank with paraffin.
11. Painting, welding, and rust removal in brewery cellars and sealed tanks.
12. Put the milk carton in a sealed room.
13. Dismantle the mold.
14. Processing feathers in open conditions.
15. Clean the boiler and gas pipes.
16. Grinding, mixing ore, or performing work in conditions where the dust contains 10% or more silicon dioxide.
17. Lead ore processing; rolling, drawing, stamping lead products, lead plating.
18. Rotate the filter press in the factory.
19. Operating generators of 10kVA or higher.
20. Operate the line winding machine and the fishing line spraying machine.
21. Driving an agricultural tractor (regardless of power).
22. Operate construction machinery (regardless of power).
23. Driving motor vehicles with a payload of less than 2,5 tons (excluding power steering); driving electric vehicles, transport vehicles at the facility; operating cranes at the facility.
24. Vulcanization, forming, and unloading of large-sized rubber products, including tanks, fuel containers, and automobile tires.
25. Carrying heavy loads exceeding 20 kg.
26. Directly participate in investigation, verification, and handling of outbreaks in the field where suspected or confirmed cases of the disease are found.
27. Handling, drying, transporting rotten fish or working in the production line of fishmeal for livestock.
28. Stirring up and removing mud from aquaculture ponds.
29. Jobs involving direct contact with chemical dyes in dyeing factories, such as: chemical warehouse keeper, chemical warehouse assistant; mixing chemical dyes.
30. Packaging cement using a semi-automatic 4-nozzle machine.
31. Installation and repair of VSAT stations (ground communication stations with small antennas) in remote, mountainous, border, and island areas.
32. The job requires immersing oneself in dirty water.
33. Working in an environment with insufficient oxygen; in a workshop where the air temperature is 40°C or higher in summer and 32°C or higher in winter.
34. Working in a work environment with vibration levels exceeding the permissible limits according to national technical standards and regulations on occupational hygiene; using machinery and equipment with whole-body and localized vibration levels exceeding the permissible limits according to national technical standards and regulations on occupational hygiene.
35. The job involves cramped working postures, in confined spaces, sometimes requiring lying down, bending over, or stooping.
36. Receiving, delivering, storing, and operating pumps and measuring fuel in underground tunnels; receiving and delivering fuel at sea.
37. Operating equipment for melting and casting lead electrode plates in battery production.
38. Operate the equipment for producing and packaging yellow phosphorus.
Part II
Occupations and jobs that negatively affect the reproductive function of male workers.
Occupations and jobs that negatively affect the reproductive function of male workers, as stipulated in Clause 1, Article 142 of the Labor Code, are as follows:
1. Direct contact with heavy metals such as cadmium (CD), lead (Pb), nickel (Ni), mercury (Hg)...
2. Exposure to industrial chemicals such as Benzene (C6H6); Toluene (C7H8); Xylene (C6H10), pesticides, herbicides, organic solvents, and paint materials.
3. Direct exposure to high-frequency ultrasonic waves such as radar waves…
4. Operating a research nuclear reactor at a nuclear power plant.
5. Use of radioactive materials.
6. Production and processing of radioactive materials.
7. Storage and disposal of radioactive materials, storage of radioactive waste, and spent radioactive sources.
8. Using radiation equipment, operating irradiation equipment.
9. Packaging and transporting radioactive materials, nuclear source materials, and nuclear materials.
10. Exploration, extraction, and processing of radioactive ores.
11. Providing support services for atomic energy applications that may involve direct exposure to ionizing radiation.