Circular No. 03/2025/TT-BLDTBXH dated February 11, 2025 on work classification standards based on working conditions

Số hiệu	03/2025/TT-BLDTBXH
Cơ quan ban hành	Bộ Lao động - Thương binh và Xã hội
Ngày ban hành	11/02/2025
Ngày công báo	Dữ liệu đang cập nhật
Lĩnh vực	Lao động - Tiền lương

Loại văn bản	Thông tư
Người ký	Lê Văn Thanh
Ngày có hiệu lực	Đã biết
Số công báo	Dữ liệu đang cập nhật
Tình trạng	Đã biết

MINISTRY OF LABOR – WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 03/2025/TT-BLDTBXH	Hanoi, February 11, 2025

CIRCULAR

ON WORK CLASSIFICATION STANDARDS BASED ON WORKING CONDITIONS

Pursuant to the Law on occupational safety and hygiene dated June 25, 2015;

Pursuant to the Decree No. 62/2022/ND-CP dated September 12, 2022 of the Government on functions, responsibilities, jurisdiction and organizational structure of the Ministry Of Labor - War Invalids And Social Affairs;

At the request of the Director General of the Department of Work Safety;

The Minister of Labor - War Invalids And Social Affairs promulgates the Circular on work classification standards based on working conditions.

Chapter I

GENERAL REGULATIONS

Article 1. Scope

This circular prescribes work classification standards based on working conditions.

Article 2. Regulated entities

1. 1. Agencies, organizations, individuals implementing work classification based on working conditions.

2. Employers in accordance with clause 5 Article 2 of the Law on occupational safety and hygiene.

Chapter II

WORK CLASSIFICATION STANDARDS BASED ON WORKING CONDITIONS

Article 3. Type of working conditions

1. Working conditions include 6 types:

a) Type I.

b) Type II.

c) Type III

d) Type IV.

dd) Type V.

e) Type VI.

2. 2. Non-arduous, non-toxic, or non-dangerous jobs/occupations are classified as type I, II, III working conditions; Arduous, toxic, or dangerous jobs/occupations are classified as type IV working conditions; Very arduous, toxic, or dangerous jobs/occupations are classified as type V, VI working conditions.

Article 4. Standards, methods for classification of working conditions

Working conditions prescribed in Article 3 of this Circular is assessed and classified using following methods:

1. Score-based method

This method is conducted according to following procedures:

a) Identify the occupation whose working condition is to be assessed and determined, and the sample size:

During the sampling process for each job/occupation, ensure that the sample size complies with regulations on statistics, research, is suitable for models and scale of manufacturing facilities, business facilities, and service facilities and representative of the sampling regions. The following formula shall be used:

Where:

n: the number of samples to be determined

N: the general scale (Total number of workers to be assessed in the sector or enterprise).

e: permissible error

- Permissible error (e) shall be under 10% when assessing the samples for a whole sector.

- When assessing the samples of an enterprise of a specific sector, permissible error (e) shall be under 20% if such enterprise has under 1.000 workers doing the job/occupation being assessed; under 10% if such enterprise has more than 1.000 workers doing the job/occupation being assessed.

b) Assessing working condition based on working condition criteria system:

Step 1: Identify factors which exert biological impact on workers within the working condition criteria system under Appendix I attached hereto (hereinafter referred to as “Appendix I”).

Step 2: Choose at least 6 characteristic factors of the occupation. These factors must be able to fulfill 3 groups in the working condition criteria system under Appendix I.

Step 3: Choose 1 criterion for every characteristic factor chosen during 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.

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

- The application of results of periodic working environment monitoring for the factor of occupational environmental hygiene must be suitable for the sample size; the location, time for sampling must be suitable for assessment and classification of working conditions.

Step 4: Calculate the average score of the factors using the formula below:

Where:

: The arithmetic mean of factors.

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

X₁, X₂:,...X_n: Grade of the first factor, the second factor, ..., the n^th factor respectively.

Step 5: Log the results in the form under Appendix II attached hereto and determine working conditions using average of factors () as follows:

- ≤ ≤ 1,01: type I working condition;

- 1,01 < ≤ 2,22: type II working condition;

- 2,22 < ≤ 3,37: type III working condition;

- 3,37 < ≤ 4,56: type IV working condition;

- 4,56 < ≤ 5,32: type V working condition;

- > 5,32: type VI working condition.

2. Other methods:

a) Statistics- and experience-based method

Determine types of working condition for assessed occupations based on characteristic working condition of each occupation included in the List of arduous, toxic, or dangerous occupations and very arduous, toxic, or dangerous occupations (hereinafter referred to as “The List of occupations”), which is promulgated by the Minister of Labor - War Invalids And Social Affairs.

b) Mixed method

Combine the assessing and grading method specified in clause of this Article with the statistical, experience method specified in point a clause 2 of this Article and collect feedbacks of authorities of sectors, experts, scientists for a synthesized result.

c) Methods prescribed in this clause shall be applied for the following occupations:

- Occupations that pose risks to life and health of workers but do have at least 6 characteristic factors or at least 3 groups of factors in the working condition criteria system prescribed in Appendix I attached to this Circular.

- Occupations that pose risks to life, health, environment; involve exposure to toxic chemicals listed in category A, or radiation.

Based on the occupational exposure factors, statistics on occupational accidents, occupational diseases and the synthesized results using mixed method, the Ministry of Labor - War Invalids And Social Affairs shall decide the classification of working conditions for occupations assessed by methods specified in clause 2 of this Article.

Chapter III

IMPLEMENTATION

Article 5. Responsibilities of relevant ministries, employers and related agencies

1. Employers shall take control of dangerous, harmful factors in accordance with regulations in Chapter II of the Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government on guidelines for some articles of the Law on occupational safety and hygiene; assess the improvement of working conditions for the applied occupations based on the results of working environment monitoring and the results of preventing dangerous, harmful factors; implement methods prescribed in Article 4 of this Circular if it is mandatory to re-determine working conditions.

2. Annually, relevant ministries shall proactively review the working conditions of occupations under their jurisdiction; implement methods prescribed in Article 4 of this Circular if it is mandatory to re-determine working conditions.

3. 3. If there is a new arduous, toxic, or dangerous occupation, authorities of sectors, employers shall assess and classify working conditions in accordance with regulations in this Circular to determine the type of working conditions of such occupation.

Article 6. Implementation

1. This Circular comes into force from April 01, 2025.

2. Circular No. 29/2021/TT-BLDTBXH dated December 28, 2021 of the Minster of Labor - War Invalids And Social Affairs on work classification standards based on working conditions cease to be effective from the date this Circular comes into force.

3. Shall any difficulties arise during the implementation of this Circular, report them to the Ministry Of Labor - War Invalids And Social Affairs for review and resolution.

PP. MINISTER
DEPUTY MINISTER

Le Van Thanh

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