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Draft Decree Issued to replace Decree No. 39/2016/NĐ-CP Guiding the Law on Occupational Safety and Health
Draft Decree Issued to replace Decree No. 39/2016/NĐ-CP Guiding the Law on Occupational Safety and Health
On 05 December 2025, the Ministry of Justice updated the appraisal dossier of the Draft Decree intended to replace Decree No. 39/2016/NĐ-CP, which provides detailed guidance on the implementation of several provisions of the 2015 Law on Occupational Safety and Health (hereinafter referred to as the “Draft Decree”). Below are the key highlights of the Draft Decree:
Improvement of Working Conditions
The Draft Decree supplements Clause 5 following Article 7, introducing provisions on the implementation and evaluation of the effectiveness of measures to prevent and control hazardous and harmful factors.
Enterprises are required to assess the results of working condition improvements for each occupation or job classified under the List of heavy, hazardous, and dangerous occupations and jobs issued by the Ministry of Home Affairs. The evaluation must be conducted at least once every five (05) years.
Occupational Accident Reporting
The Draft Decree introduces additional reporting obligations for employers.
Accordingly, no later than 15 days from the date an occupational accident occurs that:
Causes an employee to take at least one (01) day off work; or
Results in the death of an employee.
The enterprise must submit initial information to the Electronic Database on Occupational Accidents.
These details must be updated and supplemented once the official Occupational Accident Investigation Report is issued.
For the periodic six-month occupational accident report, in addition to submission methods as:
Direct submission;
Fax;
Postal service;
Enterprises are now permitted to submit reports directly via the electronic information system.
Personnel in Charge of Occupational Safety and Health (OSH)
Under current regulations, personnel in charge of OSH are required to hold technical qualifications.
The Draft Decree amends the qualification requirements, stipulating that full-time OSH personnel must hold degrees in:
A discipline relevant to the enterprise’s production and business activities; or
Occupational safety and health / labor protection.
Medical division
* The Draft Decree generally retains the existing provisions regarding the arrangement of medical personnel or the establishment of an on-site medical unit.
Notable New Points:
Reduction of notification procedures for medical facility to the Department of Health;
Applicable in cases where:
+ The enterprise is unable to appoint in-house medical personnel or establish a medical unit;
+ The enterprise signed a contract with a qualified medical facility in accordance with regulations.
* This provision is expected to reduce administrative procedures and facilitate enterprises in organizing workplace medical division.
Consolidated Report Form on Occupational Accidents
The Draft Decree amends the consolidated occupational accident report template by:
Requiring more detailed information in cases where occupational accident occurs.
Integrating additional contents from the Occupational Accident Investigation Record into the consolidated report.
General Remarks
The Draft Decree replacing Decree No. 39/2016/NĐ-CP introduces several significant changes in OSH management, particularly in promoting digitalization and reducing administrative procedures.
Enterprises are advised to closely monitor the official promulgation process to ensure timely adjustments to their occupational safety and health practices in compliance with the new regulations.
Any confusion, please contact to us here.
For details of the draft regulation: regulation document.
Reference Articles:
- Promulgates Decree 105/2025/NĐ-CP on elaborating the Law on Fire and Rescue
- Issuance of Guiding Documents for the Implementation of the Vietnam Law on Chemicals 2025
- Decree 290/2025/NĐ-CP prescribing penalties for administrative violations against regulations on water resources.
- New national technical regulation on industrial emissions was promulgated
