Skip to content

Regulations on Occupational Environmental Monitoring

December 6, 2023

According to the Labor Safety and Hygiene Law of 2015 and Decree 44/2016/NĐ-CP, all companies, businesses, factories, and workplaces with employees must carry out occupational environmental monitoring to ensure safety in the workplace and the health of workers.

Why is Occupational Environmental Monitoring Necessary?

Occupational environmental monitoring is the activity of collecting and evaluating measured data of important labor factors at workplaces to develop solutions aimed at minimizing hazards to health and preventing occupational diseases. Every workplace must periodically conduct occupational environmental monitoring, establish and periodically update records of occupational hygiene management and health management for workers and occupational diseases.

All production and business establishments, regardless of scale and industry, are responsible for synthesizing and reporting on occupational safety, labor hygiene, and the situation of occupational accidents and diseases within the regulated management scope at least once a year.

Occupational Environmental Monitoring According to Decree 44/2016/ND-CP
Occupational Environmental Monitoring According to Decree 44/2016/ND-CP

This activity helps employers manage the environment in workplaces, production, and processing. It also collects, analyzes, and evaluates factors that affect health, forming the basis for implementing measures to minimize health risks. Occupational disease prevention and control not only help employers fulfill their responsibilities but also provide scientific data for researching preventive measures, controlling occupational hazards, and establishing occupational health standards.

Enterprises need to propose legal and technical measures for safety, labor hygiene, and health care for officials and workers; Carry out disinfection, decontamination, and sterilization measures where there are factors causing poisoning or infection. Overcome and control harmful factors to ensure labor hygiene and safety while equipping necessary labor protection means.

Regulations in Vietnam

Currently, the regulatory documents include:

The Labor Safety and Hygiene Law of 2015
The Labor Safety and Hygiene Law of 2015

Principles and Procedures for Implementation 

In Article 35 of Decree 44/2016/NĐ-CP, it is stipulated:

  • Conduct comprehensive monitoring of harmful factors listed in the Occupational Hygiene Record created by the labor establishment. For hazardous and particularly hazardous jobs, conduct environmental monitoring by assessing the labor burden and some physiological indicators according to Ergonomy regulations specified in Article 33, Clause 3 of this Decree.
  • Implement monitoring according to the established plan between the labor establishment and the organization that meets the conditions for occupational environmental monitoring.
  • Ensure that the process includes:
    • Implementation during the production and business activities of the labor establishment.
    • Sampling using personal and location sampling methods in areas that may affect workers.
    • For occupational environmental monitoring using rapid detection methods, sample collection and analysis should be carried out using suitable methods at a standard testing laboratory.
  • Update and supplement harmful factors for monitoring as follows:
    • When there are changes in technological processes, production processes, or when carrying out renovations or upgrades with the potential for new hazards to the health of workers.
    • When the organization proposes additional monitoring during occupational environmental monitoring.
    • As required by state management authorities with the relevant jurisdiction.
  • Implementing organizations receive payment of costs; Occupational exposure assessment, reporting and management fees are paid by the employer in accordance with the law.
  • Organizations report to the Ministry of Health or the Department of Health on newly discovered harmful factors arising at the labor facility without regulations on allowable limits.

In Article 37 of Decree 44/2016/ND-CP, it is stipulated:

  • Before implementation, organizations need to ensure that machinery and service equipment are adjusted and calibrated in accordance with the provisions of law.
  • Correctly and fully implement the committed working environment monitoring process.
  • Honestly notify the results of working environment monitoring to employers.
  • In case the results are not guaranteed, the labor facility shall do the following:
    • Implement measures to improve working conditions, minimize harmful factors and prevent occupational diseases;
    • Organize health checks to early detect occupational and occupational-related diseases for workers in positions with unsafe working environments;
    • Compensation in kind for employees according to the provisions of labor law.

In addition, according to Clause 3, Article 27 of Decree 12/2022/NĐ-CP, a fine ranging from VND 20,000,000 to VND 40,000,000 is imposed on employers who do not conduct occupational environmental monitoring to control hazards to workers' health as stipulated by law.

Follow iLotusLand to update relevant information related to environmental monitoring industry


What’s next?

Environmental information disclosure is a crucial principle in managing and protecting the environment, fostering transparency and responsibility in sharing information about the environmental status with the community. This is a global trend and a decisive factor in establishing and maintaining a healthy living environment for both humans and nature.
Read more
According to a research, Vietnam ranks 36th out of 177 countries with the highest pollution levels globally. In large cities with dense populations like Hanoi and Ho Chi Minh City, serious air pollution is a significant challenge. This has a considerable impact on the health and quality of life of the population. A comprehensive air monitoring system is a necessary tool to manage the current state of air quality, providing appropriate solutions. Therefore, the Ministry of Natural Resources and Environment has announced the National Technical Regulation on Air Quality QCVN 05:2023/BTNMT, specifying requirements for parameters and equipment in monitoring the surrounding air quality.
Read more
Waste disposal has become an increasingly critical issue in modern society, with rapid industrial development and population growth. In this context, understanding wastewater, its characteristics, classification, and processing procedures according to regulations is crucial for protecting the environment and community health. This article delves into the important aspects of this issue.
Read more
Circular No. 10/2021/TT-MONRE of the Ministry of Natural Resources and Environment: Technical regulations on environmental monitoring and management of environmental quality monitoring information and data.
Read more
The automatic wastewater monitoring system is implemented in accordance with 2022 Environmental Protection Law the latest, Decree 08/2022/ND-CP. Recent changes are related to the entities, parameters, frequency, and deadlines for installing continuous automatic monitoring systems, which are integrated into environmental permits.
Read more
On January 10, 2022, the Ministry of Natural Resources and Environment issued Circular 02/2022/TT-MONRE on detailed regulations for the implementation of some articles of the Law on Environmental Protection. This Circular details the implementation of some articles of Decree 36/2017/ND-CP, Decree No. 08/2022/ND-CP, Decree No. 47/2020/ND-CP of the Government regulating details detailing some articles of the Law on Environmental Protection. The scope of application includes agencies, organizations, communities, households, and individuals engaged in activities related to the provisions in Article 1 of this Circular within the territory of the Socialist Republic of Vietnam, including mainland, islands, sea areas, land, and airspace.
Read more

Get started with iLotusLand today

Consulting on solutions to monitor and manage environmental monitoring data easily and effectively.