CIRCULAR NO. 29/2021/TT-BLDTBXH MINISTRY OF LABOR – WAR INVALIDS AND SOCIAL AFFAIRS REGULATING WORK CLASSIFICATION STANDARDS BASED ON WORKING CONDITIONS

Effective date: April 15, 2022 

Main contents: 

  • Work classification based on working conditions: 
  • Very arduous, toxic, or dangerous work, occupations are those under class V or class VI working conditions. 
  • Arduous, toxic, or dangerous occupations are those under class IV working conditions. 
  • Non-arduous, non-toxic, or non-dangerous occupations are those under class I, class II, or class III working conditions.  
  • Methods and procedures for determining working conditions 

Working condition assessment and determination shall be conducted as follows: 

  • To identify the occupation, work whose working condition is to be assessed and determined. 
  • To assess working condition based on working condition criteria system. 
  1. a) Step 1: To identify factors which exert biological impact on employees within the working condition criteria system under Appendix I attached to this Circular (hereinafter referred to as “Appendix I”).
  2. b) Step 2: To choose at least 6 characteristic factors of the occupation, work. These factors must be able to fulfill 3 groups in the working condition criteria system under Appendix I.
  3. c) Step 3: To choose 1 criterion for every characteristic factor chose under Step 2 to assess and grade while following the principles below:

The arduous, toxic, and hazardous level of each factor shall be graded proportionally on a scale from 1 to 6 under Appendix I. The greater the level of arduousness, toxicity, and danger, the higher the score. 

If a worker is exposed to the factors for less than 50% of a working shift duration, the determined grade shall be lowered by 1. If a worker is exposed to toxic substances, electromagnetic field, vibration, noise, ionizing radiation, change in pressure, factors causing infectious diseases for less than 25% of a working shift duration, the determined grade shall be lowered by 1. 

If a worker is exposed to factors which are subject to permissible exposure duration for less than 50% of the permissible exposure duration, the determined grade shall be lowered by 1. 

If a factor involves at least 2 criteria, choose 1 primary criterion to assess and grade; other criteria play a referencing and supplementary role for the primary criterion. 

  1. d) Step 4: To calculate average grade of the factors using the formula below:

 In which: 

The average of factors. 

n: The number of factors assessed under Step 3 (n≥6) 

X1, X2,…Xn: Grade of the first factor, the second factor, …, the nth factor respectively. 

  1. dd) Step 5: To log the results in the form under Appendix II attached to this Circular and determine working conditions using average of factors as follows:

-  ≤ 1.01: Class I working condition; 

– 1.01 <≤ 2.22: Class II working condition; 

– 2.22 <≤ 3.37: Class III working condition; 

– 3.37 <≤ 4.56: Class IV working condition; 

– 4.56 <≤ 5.32: Class V working condition; 

-  > 5.32: Class VI working condition.