Circular 03/2025/TT-BLĐTBXH stipulates the standards for classifying labor according to working conditions

 

MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS __________ No.: 03/2025/TT-BLĐTBXH

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ______________________ Hanoi, February 11, 2025

CIRCULAR

Regulating labor classification standards based on working conditions

^{_______________}

 

Pursuant to the Occupational Safety and Health Law dated June 25, 2015;
Pursuant to Decree No. 62/2022/ND-CP dated September 12, 2022, of the Government regulating the functions, duties, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Based on the proposal of the Director of the Department of Occupational Safety;
The Minister of Labor, Invalids, and Social Affairs issues this Circular regulating labor classification standards based on working conditions.

 

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the labor classification standards based on working conditions.

Article 2. Subjects of Application

1. Agencies, organizations, and individuals implementing labor classification based on working conditions.
2. Employers as specified in Clause 5, Article 2 of the Occupational Safety and Health Law.

Chapter II. STANDARDS FOR LABOR CLASSIFICATION BASED ON WORKING CONDITIONS

Article 3. Types of Working Conditions

1. Working conditions are categorized into six types as follows:
   a) Type I.
   b) Type II.
   c) Type III.
   d) Type IV.
   đ) Type V.
   e) Type VI.

2. Occupations or jobs with working conditions classified as Type I, II, or III are those that are not strenuous, non-toxic, and non-hazardous; occupations or jobs with working conditions classified as Type IV are strenuous, toxic, and hazardous; occupations or jobs with working conditions classified as Type V or VI are extremely strenuous, toxic, and hazardous.

Article 4. Standards and Methods for Classifying Working Conditions

The classification of working conditions in Article 3 of this Circular shall be evaluated and classified using the following methods:

1. Evaluation and Scoring Method

This method follows these steps:

a) Determine the job or occupation to be evaluated, the working conditions, and the sample size:
Samples for each job or occupation must ensure the sample size meets statistical and research standards, adjusted to the type and scale of production, business, or service establishment. The following formula is used:

• Where:
  n = required sample size
  N = total scale (total number of people performing the occupation or job in the industry, field, or enterprise)
  e = allowable error margin

• For industry-wide sample sizes, the allowable error margin is no more than 10%.

• For specific enterprise sample sizes, the allowable error margin is no more than 20% for businesses with fewer than 1,000 employees; no more than 10% for businesses with 1,000 or more employees.

b) Evaluate working conditions according to the system of criteria in the working conditions indicators provided in Appendix I of this Circular.

Steps include:

• Identify biological factors affecting workers in the indicators system, select at least six representative factors, and evaluate them based on scoring according to the scale from Appendix I. The heavier the strain, toxicity, or danger, the higher the score.

c) Calculate the average score of the factors according to the formula.

d) Finalize results into a classification form and assign a working condition type based on the average factor score.

2. Other Methods

a) Statistical and Experience Methods: This method involves using characteristics of working conditions from each job in the list of strenuous, toxic, and hazardous jobs and determining the classification based on experience.

b) Combined Method: This combines evaluation and scoring with statistical methods and expert consultation.

Chapter III. IMPLEMENTATION ORGANIZATION

Article 5. Responsibilities of Industry Ministries, Employers, and Relevant Agencies

1. Employers must control hazardous and harmful factors as per the regulations in Chapter II of Decree No. 39/2016/ND-CP of the Government and based on environmental monitoring results to improve working conditions.

2. Each year, ministries must review working conditions in their respective sectors. If necessary, working conditions must be classified according to the method outlined in this Circular.

3. When new occupations or jobs emerge with hazardous factors, ministries and employers must evaluate and classify them based on this Circular.

Article 6. Enforcement

1. This Circular takes effect on April 1, 2025.
2. Circular No. 29/2021/TT-BLĐTBXH dated December 28, 2021, is repealed upon the effectiveness of this Circular.
3. In case of any issues during implementation, feedback should be sent to the Ministry of Labor, Invalids, and Social Affairs for review and resolution.

 

Recipients: Prime Minister and Deputy Prime Ministers; National Assembly Office; President's Office; Government Office; Central Party Office and Party Committees; Supreme People's Procuracy; Supreme People's Court; State Audit; Ministries, ministerial-level agencies, agencies under the Government; Vietnam Fatherland Front Central Committee; Central agencies of mass organizations; People's Councils and People's Committees of provinces and centrally-run cities; Departments of Labor, Invalids, and Social Affairs of provinces and cities; Economic Groups and Special Corporations; Legal Document Inspection Department (Ministry of Justice); Government Gazette; Government Portal; Information Center for posting; Archive: VT, CATLĐ

On behalf of the Minister Deputy Minister         Le Van Thanh