Lifting Equipment Operator Certificate – Latest Regulations & Penalties

In the process of operating lifting equipment in warehouses, factories, or construction sites, the lifting equipment operation certificate is a concept frequently mentioned by many businesses and employees. However, in reality, many of you still misunderstand it: some think that just knowing how to operate is enough, while others believe a single certificate is sufficient, only for unexpected violations to arise during an inspection.

In this article, Vietmani will help you clarify the legal nature of the lifting equipment operation certificate, who is required to have it, what types of certificates are needed, and what businesses need to prepare to always be in compliance with regulations and the law.

Correctly understanding the “lifting equipment operation certificate”

In reality, “lifting equipment operation certificate” is a common term used in search and daily communication, but it is not the exact name of a single legal document. This is also the reason why many of you and even businesses easily misunderstand, leading to a lack of records when inspected for occupational safety.

According to current regulations, there is no single general certificate named “lifting equipment operation certificate” in the law. Instead, the person directly operating lifting equipment must simultaneously meet various legal requirements, the most important of which are vocational competency and occupational safety awareness.

In other words, when you search for “lifting equipment operation certificate”, you are actually referring to a combination of mandatory certifications, not a single certificate. Having only a “driving license” or only participating in safety training while lacking the other part can be considered insufficient for legal operation.

Therefore, to avoid legal risks and ensure actual safety, you need to understand correctly from the start: “lifting equipment operation certificate” is a general term for a system of legal requirements, not a single permit.

The “Dual Certificate” Mechanism when operating lifting equipment (MANDATORY)

When discussing the lifting equipment operation certificate, the key point that you and your business must grasp is that Vietnamese law applies a “dual certificate” mechanism, rather than managing it under a single type of license.

Simply put, for a person to legally operate lifting equipment without being considered in violation during an inspection, they must simultaneously meet two groups of conditions:

1. Have vocational competency to operate the equipment
2. Have knowledge and awareness of occupational safety

These two requirements correspond to two completely different types of documents, but they must exist in parallel.

Primary Vocational Certificate for Lifting Equipment Operation

This is a type of certificate intended to confirm that the employee “knows how to operate” the equipment. The training content focuses on:

• Structure and operating principles of lifting equipment
• Control skills, lifting – lowering operations
• Practice handling basic technical situations

This certificate reflects vocational competency, meaning the employee has sufficient technical qualifications to control lifting equipment according to the correct procedure. In practice, many of you call this document a “forklift license” or “crane operation license”, although the legal name may vary depending on the training program.

However, having only the vocational certificate is not enough.

Group 3 Occupational Safety Card

Besides technical competency, the lifting equipment operator must also receive occupational safety training and be issued a Group 3 Occupational Safety Card – the group for jobs with strict safety requirements.

Unlike the vocational certificate, the safety card does not assess “whether you drive well or not”, but focuses on:

• Identifying hazards when operating lifting equipment
• Measures to prevent occupational accidents
• Procedures for handling incidents and emergencies
• Awareness of compliance with safety rules and procedures at the workplace

Notably, the occupational safety card has an expiration date, and employees must undergo periodic retraining. This is a point that many businesses miss, leading to a situation where the vocational certificate is valid but the safety card has expired, resulting in penalties.

Is the lifting equipment operation certificate mandatory?

The answer is: YES – and it is mandatory in most cases of operating lifting equipment. However, to properly understand the legal nature, we need to look at this issue from the perspective of occupational safety management, not just stopping at the name of the equipment.

According to current regulations, lifting equipment belongs to the group of machines and equipment with strict requirements for occupational safety. This means that the person directly operating it is not allowed to work “based on experience” or “verbal apprenticeship”, but must be fully trained and certified according to regulations.

More importantly, the law does not ask what equipment you are driving, but asks:

• Does that job pose a high risk of accidents?
• Has the operator been trained and safety-coached in the correct group?

Conversely, there are no cases of flexibility based on internal company agreements. Whether you are a full-time employee, on probation, or outsourced, as long as you directly control lifting equipment, the requirements for certificates and safety training apply equally.

A very important point that Vietmani wants you to note: Responsibility lies not only with the employee but also with the employer. If assigning a person without sufficient lifting equipment operation certificates to work, the business is still considered in violation, even if the employee voluntarily operates it.

Which types of lifting equipment require the operator to have a certificate?

According to legal regulations, most equipment that lifts or lowers loads, or lifts people to heights, falls into the category requiring the operator to be trained and issued a valid certificate. Specifically including the following groups of equipment:

Cargo lifting equipment in warehouses – factories

• Forklifts (electric, diesel, gas)
• Electric pallet trucks, motorised pallet jacks
• Reach trucks, stackers, and specialised forklifts in high-bay warehouses

Equipment for lifting people working at height

• Scissor lifts
• Boom lifts (straight boom, articulating boom)
• Types of aerial work platforms used in maintenance and installation

Equipment for lifting people working at height

• Scissor lifts
• Boom lifts (straight boom, articulating boom)
• Types of aerial work platforms used in maintenance and installation

Lifting equipment in construction and heavy industry

• Tower cranes, jib cranes
• Equipment for lifting structural components, lifting super-heavy, oversized materials

Elevators and cargo lifts

• Cargo elevators
• Food lifts, factory lifts
• Industrial lifts

Who is required to have a lifting equipment operation certificate?

According to regulations, anyone who directly controls, manipulates, or supervises the lifting – lowering activities of the equipment falls under the category required to have a valid lifting equipment operation certificate. Specifically including the following cases:

• Direct operators of lifting equipment
• Employees on probation or apprenticeship
• Outsourced or contracted lifting equipment operators
• Shift replacements, temporary operators

Note that employees have personal responsibility, but the business is the main entity bearing legal responsibility. If assigning a person without sufficient lifting equipment operation certificates to work, the business is still considered in violation, even if the employee volunteers or has years of experience. Therefore, correctly identifying who is required to have a certificate is the foundational step for businesses to build safety records and avoid legal risks.

Conditions for being granted a lifting equipment operation certificate

To be granted a lifting equipment operation certificate, employees do not just “register and get it”, but must fully meet the conditions according to regulations. This is a mandatory screening step to ensure the operator has sufficient capacity, sufficient health, and sufficient safety awareness before working with high-risk equipment.

Under the angle of 4 core condition groups:

Conditions regarding age and civil act capacity

Applicants for training and assessment in lifting equipment operation must:

• Be of working age according to regulations
• Have full civil act capacity
• Do not fall into cases restricted or banned from practising according to legal regulations

This is a basic but mandatory condition, especially for lifting equipment with large loads or working at heights.

Conditions regarding education and the ability to absorb training

The law does not require high degrees; however, learners need to:

• Have the ability to read and understand operating instructions
• Absorb theoretical and practical training content
• Correctly perform operating procedures and safety signals

In reality, training centres will conduct a preliminary assessment to ensure you have enough ability to learn and operate safely, avoiding the situation of “having a certificate but being unable to do the job”.

Conditions regarding health

This is a factor that has been increasingly tightened recently. Lifting equipment operators must:

• Have sufficient health according to standards for jobs with strict safety requirements
• Not suffer from diseases affecting the ability to control equipment, such as severe cardiovascular issues, neurological issues, or severely poor vision
• Meet requirements for periodic health checks according to regulations

Vietmani recommends that businesses not take health records lightly, as this is an important basis in case of accidents or legal disputes.

Conditions regarding training and assessment

Finally, to be granted a lifting equipment operation certificate, the employee must:

• Participate in a training course suitable for the correct type of lifting equipment
• Complete full theoretical and practical content
• Pass the final exam and assessment

Important note: The certificate is only valid when issued by a legally qualified training unit. Certificates that are “issued quickly – no study – no assessment” carry huge risks and may be rejected upon inspection.

Training and assessment process for certificate issuance

After meeting the necessary conditions, you will enter the most important stage: training and assessment to be issued a lifting equipment operation certificate. In reality, this process has been standardised quite clearly to ensure operators not only have papers but can also work effectively and safely.

Below are the detailed steps:

Step 1: Training registration and document preparation

The employee or business will register for the course at a legal training unit, accompanied by:

• Personal identification documents
• Valid health records
• Information about the type of lifting equipment to be operated

At this step, you need to register for the correct type of equipment, because each lifting device has different training and assessment content. Registering for the wrong type may render the certificate unsuitable during inspection.

Step 2: Theoretical training

The theoretical part usually focuses on:

• Legal regulations on occupational safety
• Operating principles of lifting equipment
• Hazard identification and accident prevention measures
• Safe operating procedures, incident handling procedures

The goal of this stage is to help you understand “why it must be done correctly”, not just doing it out of habit.

Step 3: Practical training

This part takes up a large amount of time and is decisive. Learners will:

• Get acquainted with actual lifting equipment
• Practice control operations, lifting – lowering, moving
• Practice handling common situations during operation

Through practice, the training unit will assess the ability to master the equipment and the safety consciousness of the learner.

=> Read more: Procedure for Safe and Proper Operation of Lifting Equipment

Step 4: Final assessment and exam

After completing training, you must participate in an assessment, including:

• Theory test (usually multiple-choice or oral)
• Direct practical test on the equipment

Only when passing requirements in both parts will learners be eligible to be granted the lifting equipment operation certificate.

Step 5: Certificate issuance and record filing

After passing the assessment:

• The certificate will be issued within the prescribed time
• Businesses need to store the certificate in personnel records
• Monitor the validity period (especially for the occupational safety card)

Important note: The certificate is only valid when the training – assessment process is carried out fully and lawfully. Skipping or doing it just for formality not only hides potential accident risks but also exposes businesses to legal risks during inspections.

How long is the lifting equipment operation certificate valid?

Validity of the Primary Vocational Certificate for Lifting Equipment Operation

For the primary vocational certificate for lifting equipment operation, the current law does not specify an expiration date. Specifically:

• The certificate has long-term usage value, applicable nationwide
• Attached to the individual's professional capacity, independent of the business
• Does not require periodic renewal over time

Validity of the Group 3 Occupational Safety Card

Unlike the vocational certificate, the Group 3 Occupational Safety Card has a mandatory expiration date according to regulations:

• Common validity: 02 years
• When expired, employees must undergo retraining and be issued a new card

Besides the time factor, lifting equipment operators are required to be retrained or coached in the following cases:

• Change in the type of lifting equipment or operating work content
• Transfer to a new working environment with higher risks
• Occurrence of accidents or serious incidents related to lifting equipment
• Request from state management agencies or inspection/audit conclusions

How is operating without a lifting equipment operation certificate penalised?

Many of you think that lacking a lifting equipment operation certificate is just a minor documentation error that can be “supplemented later”. In reality, this is a violation of occupational safety regulations and can be penalised right at the time of inspection, not to mention legal risks arising if an accident occurs.

Penalties for the employee directly operating

For employees directly operating lifting equipment, the law clearly stipulates responsibilities regarding practising conditions. In cases where an employee operates lifting equipment without a suitable vocational certificate or has not been trained in occupational safety according to regulations, that individual may be penalised according to the law.

Specifically, the employee may face administrative fines and simultaneously be forced to stop the work of operating the lifting equipment. Continuing work is only permitted after the employee has fully completed training and occupational safety coaching, meeting current legal requirements.

Notably, in the event of an occupational accident, not having a valid certificate or not having undergone safety training will be considered an aggravating circumstance, increasing the individual's legal liability, even if the accident was not entirely caused by the employee's subjective fault.

Penalties for the business employing labour

In reality, the business is the entity bearing the greatest legal risk when using labour to operate lifting equipment. If a business assigns employees who do not meet the conditions regarding certificates or safety training to operate lifting equipment, the business may face many severe forms of penalty.

Specifically, the business may face administrative fines significantly higher than individuals, and simultaneously be required to stop the operation of lifting equipment until all violations are fully remedied. Additionally, the business is forced to organise supplementary training and coaching for employees to meet legal requirements.

Notably, the penalty level can be calculated based on the number of violating employees, causing the total fine to increase very quickly, especially for businesses with many personnel directly operating lifting equipment.

Distinguishing between operation certificates and equipment inspection

During the consulting process for businesses, Vietmani realises this is the most common confusion: many people think that “if the equipment has been inspected, there is no need to care about the operation certificate” or vice versa. In reality, the lifting equipment operation certificate and lifting equipment inspection are two completely different requirements, with separate management scopes and must exist in parallel.

Lifting equipment operation certificate: Managing people

The lifting equipment operation certificate (according to the analysed dual certificate mechanism) is a system of documents aimed at managing the human factor during operation. This certificate is used to confirm that the employee has sufficient professional knowledge and understanding of occupational safety, and simultaneously allows that individual to directly operate lifting equipment within the assigned scope of work.

Essentially, the operation certificate helps businesses and management agencies clearly define the responsibilities and behaviours of the operator throughout the equipment usage process. In other words, the operation certificate answers the question: Who is allowed to operate this equipment?

Therefore, if the employee does not have a suitable certificate, even if the equipment is new or fully inspected, operating it is still considered a violation of legal regulations.

=> Read more: Regulations on Lifting Equipment Operators Under Current Legislation

Lifting equipment inspection: Managing the technical status of the equipment

Conversely,  lifting equipment inspection is an activity aimed at assessing the technical status and safety level of the equipment itself. The inspection content focuses on load-bearing capacity, safe operating conditions according to design, as well as early detection of risks of damage or insecurity before the equipment is put into use.

Inspection is carried out at mandatory times, such as before putting the equipment into use for the first time, according to periodic cycles, or after major repairs, renovations, or technical incidents. Inspection thus answers the question: Is this equipment safe enough to use?

=> Read more: Lifting Equipment Standards – Mandatory Regulations Every Business Must Know

How to choose a legal training – certificate issuance unit

In the market today, it is not difficult for you to find advertisements for “quick issuance of lifting equipment operation certificates”, “no study needed”, “receive certificate in a few days”. However, Vietmani affirms that not all certificates have legal value, and choosing the wrong training unit can cause businesses to lose money but still be penalised.

To avoid this risk, you should rely on the following criteria when choosing a training certificate issuance unit.

1. The training unit must have sufficient legal conditions

• Have a vocational training license for a primary vocational certificate for lifting equipment operation
• Have sufficient conditions for occupational safety training for the Group 3 Occupational Safety Card

2. Training content must be for the correct type of lifting equipment

3. Have clear practical training and assessment

4. The certificate must show all the necessary information

• Information about the grantee
• Type of lifting equipment permitted to operate
• Training time, validity period (if any)
• Information of the issuing unit and authorised signatory

Conclusion

Through all the content above, Vietmani hopes you have a clear and correct view of the nature of the lifting equipment operation certificate. This is not merely a piece of paper to have “enough records”, but a mandatory legal requirement system, directly linked to occupational safety and business responsibility.

The most important point to remember is the “dual certificate” mechanism:

• Primary vocational certificate confirms equipment operation competency
• Group 3 Occupational Safety Card confirms safety awareness and compliance

Lacking one of the two, the employee is not eligible to operate legally, and the business can still be penalised even if “papers are available”.

Besides that, clearly distinguishing between operation certificates and lifting equipment inspection, monitoring validity periods, as well as choosing the right legal training unit, are key factors helping businesses avoid risks during inspections and audits.

Vietmani recommends that you and your business should proactively review lifting equipment operation records periodically, not waiting until an incident or inspection to supplement them. Complying correctly from the start is always cheaper and much safer than dealing with consequences.

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