Regulations on Lifting Equipment Operators Under Current Legislation

Did you know that behind every smoothly operating forklift or crane lies an extremely rigorous safety control process?

We often hear a lot about machinery maintenance, but we tend to forget that the person behind the wheel is the decisive factor for the safety of the entire production line. Just one minute of negligence or a lack of knowledge from the operator can lead to consequences that no business wants to face.

To prevent risks at the "root," the current legal system has issued very specific regulations regarding lifting equipment operators—ranging from health and age requirements to mandatory safety cards. So, specifically, what conditions must an operator meet to work legally? Let’s explore the detailed and most accurate answers with Vietmani in the article below.

The System of Regulations on Lifting Equipment Operators Under the Current Law

Many businesses often feel confused by the matrix of laws, decrees, and circulars. However, the regulatory system for lifting equipment operators in Vietnam is actually built very logically and consistently.

To avoid getting lost or applying regulations incorrectly, insufficiently, or confusedly, you only need to grasp the following 4 important legal pillars. This is the foundation for Vietmani and large enterprises to build a standard safety process:

Law on Occupational Safety and Health 2015 – The Highest Foundation

• This is the legal document with the highest validity, setting the core principle: The more dangerous the job, the stricter the human control must be. The Law clearly stipulates that operating lifting equipment is not unskilled labour, but belongs to a specific group requiring strict management regarding training and technical processes.

Decree 44/2016/ND-CP – Regulations on Practising Certificates

• If the Law is the foundation, Decree 44 is the most detailed guideline. This document classifies lifting equipment operators into Group 3—a job group with strict requirements for occupational safety and hygiene. Simply put, this decree is the legal basis requiring operators to have a valid Occupational Safety Card in addition to their professional skills. Without this card, all operating skills are considered legally insufficient.

Circular 06/2020/TT-BLDTBXH – Defining Specific Categories

• This document acts as a reaffirmation from the Ministry of Labour, Invalids and Social Affairs. It specifically lists the operation of lifting equipment in the category of jobs with strict requirements. This is the basis for inspection agencies to determine if your business is applying the correct high-level management regime for this position.

QCVN 7:2012/BLDTBXH – National Technical Regulation

• Considered the core document in the lifting industry, this National Technical Regulation does not speak in generalities but goes straight into technical details. It covers everything from design and operation to specific safety principles that the driver must follow. Violating QCVN 7:2012 is not just an administrative error, but a technical error directly threatening life safety.

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

4 Mandatory Conditions for Lifting Equipment Operators

According to current regulations, this position is not classified as unskilled labour. Therefore, businesses cannot simply recruit someone who "knows how to drive" or "has years of experience."

For personnel to legally sit in a crane cabin or drive a forklift, they must simultaneously satisfy the 4 strict conditions below. Missing even one of the four means the legal risk for the business remains.

Age and Civil Act Capacity Conditions

First and foremost, the operator must be 18 years of age or older and have full civil act capacity. Why this regulation? Because the lifting environment always conceals unexpected situations requiring high concentration and steady psychological reflexes. Immaturity in age or a lack of behavioural capacity endangers not only the driver but also the surrounding team. Therefore, using minor labour for this position is absolutely prohibited.

Health Conditions

Operating lifting equipment is heavy, hazardous work involving frequent exposure to noise, vibration, and high pressure. Therefore, a standard health check paper is not enough.

• Entry requirement: Must undergo a specialised health check for the operating position. Doctors will carefully evaluate indicators regarding vision, hearing, and the nervous system—the most critical factors for a driver.
• Periodic requirement: This is a point many businesses forget. Instead of an annual check-up like office staff, lifting equipment operators need a health check at least every 6 months.

Vocational Certificate

Many drivers with 10 years of operating experience still get flagged during inspections. The reason is the lack of a Vocational Certificate or a formal vocational training diploma. This certificate is proof confirming the worker has been properly trained in machine structure, operating principles, and troubleshooting. It is a qualification that stays with the worker for life (like a university degree), proving they know the trade. But to practice the trade, they need the 4th condition below.

Group 3 Occupational Safety Card

This is the final and most important piece of the puzzle. According to Decree 44/2016/ND-CP, operators belong to Group 3 and must participate in occupational safety and hygiene training courses and be issued a card.

• Training content: It does not teach how to drive, but teaches how to identify hazards, safety procedures, and accident handling.
• Validity: The safety card is only valid for 02 years. Upon expiration, the worker must be retrained to be issued a new card.

A very common mistake is that businesses think: Having a vocational certificate is enough. We re-emphasise: No Safety Card (or an expired card) means being ineligible to operate. If an accident occurs in this state, the business will fall into a very disadvantageous position under the law.

=> Read more: What is lifting equipment? An A-Z overview for warehouses and factories

Violations of Lifting Equipment Operation Regulations: Businesses Must Avoid

During the process of consulting and providing technical support for many factories, Vietmani has realised that Most violations regarding lifting equipment operators do not stem from intentional law-breaking, but from the habit of convenience or complacency in management. However, before the law and human safety, there is no room for sympathy. Below are the 3 most common mistakes and the price to pay if an incident unfortunately occurs.

Assigning Lifting Equipment to Unqualified Operators

This is the most common error in small warehouses and construction sites.

• Reality: Businesses utilise general labourers, apprentices, or agile warehouse staff to drive forklifts/cranes for a few urgent shipments, even though they lack certificates or safety cards.
• Legal Risk: This is the most serious violation. If an accident occurs, authorities will attribute direct responsibility to the manager/business owner for loose management and improper labour assignment. The penalty is not just money, but potentially criminal liability.

Operating Without a Valid Safety Card

Many drivers are very confident because they have a vocational certificate (license) in hand, and businesses are also totally reassured.

• Reality: As mentioned above, the Vocational Certificate is valid permanently, but the Safety Card expires after 2 years. There are many cases where, during surprise inspections, the operator's safety card has expired for a whole year without anyone noticing.
• Risk: Legally, when the card expires, the operator returns to an ineligible status. The business will be administratively fined for each violating employee, and more importantly, faces the risk of suspension of operations for remediation.

Using Uninspected or Expired Equipment

Safety comes from the combination of a Qualified Person and a Qualified Machine. No matter how good the driver is, if the equipment is unsafe, accidents are waiting to happen.

• Reality: Lifting equipment has an expired technical safety inspection certificate, but is still put into use because "the machine still runs fine" or "let's just finish this order first."
• Risk: An operator accepting to drive equipment with an expired inspection is also violating safety regulations. When an incident occurs, both the driver and the business owner must bear very heavy joint liability.

Non-compliance with Safe Operating Procedures (QCVN)

Operational errors that seem minor are actually the cause of 80% of current labour accidents.

• Lifting loads exceeding the allowable limit.
• Dragging, diagonal lifting, or lifting loads while people are standing on the load.
• Not ensuring safe distances from power lines.

Skipping equipment checks before the shift. These behaviours are strictly prohibited in QCVN 7:2012/BLDTBXH. When detected, the operator may be disciplined, while the business bears responsibility for management and supervision. In cases causing fatal accidents or major damage, the case may be transferred to criminal handling.

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

Failure to Organise Training, Supervision, and Management

Legal risks come not only from the operator but also from the management responsibility of the business. Common violations include:

• Not organising periodic safety training.
• Not storing training records or health records.
• Not assigning specific operators.

Lack of supervision for complex lifting shifts. In the event of an accident, if the business cannot prove that it has fully performed its training and management obligations, it will face higher penalties, or even criminal prosecution if the violation causes particularly serious consequences.

Conclusion

Reality has proven that strictly following regulations on lifting equipment operators not only helps your business avoid administrative penalty records. Above all, it is the only way to build a safe working environment where workers feel secure to dedicate themselves, and productivity is maintained stably.

Do not view sending staff for safety training or periodic health checks as cumbersome or costly procedures. View it as the cheapest insurance premium to protect billions of VND in assets and the brand reputation you have worked hard to build. A small incident caused by an incompetent operator can wipe out the profits of an entire year of work.

If you are managing a team of lifting equipment operators, take 5 minutes to perform the following Quick Audit:

1. Check all Health Records (ensure they are valid within the last 6 months).
2. Review Group 3 Safety Cards (ensure they are valid within the last 2 years).
3. Observe the actual operating process to see if any "corner-cutting" errors appear.

If you detect any loopholes, fix them immediately.

Do you need further advice on assistive lifting equipment or safety solutions in the factory? Don't hesitate to contact Vietmani. Our technical team is always ready to listen, advise, and accompany you to create lifting solutions that are not only Effective but also Absolutely Safe.