Decree No. 39/2016/ND-CP dated May 15th, 2016, detailing the implementation of some articles of the Law on occupational safety and sanitation
Decree No. 39/2016/ND-CP dated May 15th, 2016, detailing the implementation of some articles of the Law on occupational safety and sanitation
| Sign: | 39/2016/ND-CP | Document type: | Decree of Government |
| Promulgation place: | The Government | Signer: | Nguyen Xuan Phuc |
| Promulgation day: | 15/05/2016 | Effect day: | Known |
| Announcement day: | Updating | Announcement number: | Updating |
| Status: | Known |
| Sign: | 39/2016/ND-CP |
| Document type: | Decree of Government |
| Promulgation place: | The Government |
| Signer: | Nguyen Xuan Phuc |
| Promulgation day: | 15/05/2016 |
| Effect day: | Known |
| Announcement day: | Updating |
| Announcement number: | Updating |
| Status: | Known |
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|
THE
GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
|
No.: 39/2016/ND-CP |
Hanoi, 15 May 2016 |
DETAILING THE IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON OCCUPATIONAL SAFETY AND SANITATION
Pursuant to the Law on organization of Government dated 19/6/2015;
Pursuant to the Code of Labor dated 18/6/2012;
Pursuant to the Law on occupational safety and sanitation dated 25/6/2015;
At the request of the Minister of Labor, Invalids and Social Affairs;
The Government issues this Decree detailing the implementation of some articles of the Law on occupational safety and sanitation.
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Article 1. Scope of regulation
This Decree details some articles of the Law on occupational safety and sanitation on control of some dangerous and harmful factors at workplace; notification, investigation, statistics and report on occupational accidents and technical incidents causing occupational unsafety and insanitation and technical incidents causing serious occupational unsafety and insanitation; occupational safety and sanitation form some specific labor; occupational safety and sanitation for business and production establishment; state management over occupational safety and sanitation.
Article 2. Subject of application
1. Employees working under labor contract, probationers, apprentices to work for employers.
2. Employees not working under labor contract.
3. Vietnamese employees working abroad under labor contract and foreign employees working in Vietnam.
4. Employers
5. Other bodies, organizations and individuals pertaining to the occupational safety and sanitation.
Persons specified in Paragraphs 1, 2 and 3 of this Article are generally referred to as employees.
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CONTROL OVER DANGEROUS AND HARMFUL FACTORS AT WORKPLACE
Article 3. Principle of control over dangerous and harmful factors at workplace
To control the dangerous and harmful factors at workplace as specified in Article 18 of the Law on occupational safety and sanitation, the employers must ensure the following principles:
1. Regularly monitor and supervise the dangerous and harmful factors at workplace;
2. There must be person or department assigned to take responsibility for control over dangerous and harmful factors at workplace; for business and production establishments, the control over dangerous and harmful factors must be stipulated to each group, team and workshop.
3. Retain dossier for control over dangerous and harmful factors in accordance with the provisions in the Law on occupational safety and sanitation, the Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.
4. Publicize the result of control over dangerous and harmful factors to the employees for information;
5. There must be procedure for control over dangerous and harmful factors at workplace in accordance with the Article 18 of the Law on occupational safety and sanitation and Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.
Article 4. Contents of control over dangerous and harmful factors at workplace
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2. Determine the objectives and measures to prevent and control dangerous and harmful factors.
3. Implement and assess the effectiveness of measures to prevent and control dangerous and harmful factors.
Article 5. Identification and assessment of dangerous and harmful factors
1. Analyze the relevant labor characteristics and conditions and working procedures and result of inspection at workplace.
2. Survey the employees about the factors which can cause injury, disease impairing their health at their workplace.
3. In case of failure to identify and assess completely and correctly perceptibly, use appropriate machine or equipment to measure or test the dangerous and harmful factors; set up dossier of labor environment sanitation for harmful factors and occupational disease prevention and control under the Form specified in Appendix I issued with this Decree..
1. Based on the identification and assessment of dangerous and harmful factors, the employer shall determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors at workplace in the prioritized order as follows:
a) Eliminate the dangerous and harmful factors right from the phase of workshop design, choice of technology, equipment and raw materials;
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2. Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.
Article 7. Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors
1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.
2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.
3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) Condition of occupational safety and sanitation of machine, equipment, workshop, warehouse and workplace;
b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;
c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation;
d) Employees’ knowledge and ability in urgent incident response and handling.
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e) Compliance with recommendations of inspection teams over occupational safety and sanitation and investigation of occupational accident.
4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;
b) Result of occupational condition improvement.
1. Plan to handle the technical incidents causing serious occupational unsafety and insanitation is specified in Paragraph 1, Article 19 of the Law on occupational safety and sanitation must have the following contents:
a) Forces involved in on-the-spot handling and duties of each participant; supporting forces from the surrounding business and production establishments.
b) Technical equipment is required according to regulations of specialized law; necessary measurement equipment used in incident handling (such equipment must be tested and calibrated under the current regulation of law on measurement);
c) Mode and order to handle incidents
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3. Promptly inform the local government upon occurrence of technical incidents causing serious occupational unsafety and insanitation as stipulated in Article 26 of this Decree.
Article 9. Classification of occupational accidents
1. Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:
a) Death at the scene of accident;
b) Death on the way to an emergency or during an emergency;
c) Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;
d) The employee is declared dead according to the conclusion of the Court for missing case.
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3. Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in Paragraph 1 and 2 of this Article.
Article 10. Time and content of notification of occupational accident
1. When notified of occupational accident which causes death or injures 02 employees or more, the employer of the facility where the accident occurs must make notification as specified under Point b, Paragraph 1, Article 34 of the Law on occupational safety and sanitation as follows:
a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence; case of fatal accident while informing the police agency of district, town, provincial city, city of centrally-run city (hereafter referred to as district-level Police);
b) The content of notification is under the Form specified in Appendix III issued with this Decree.
2. When notified of occupational accident which causes death or injures 02 employees or more in the fields of radioactivity, exploration and extraction of oil and gas, means of transport of railway, waterway, roadway, airway and the units of the people’s armed forces as specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation, the employer of the facility where the accident occurs must give notice as follows:
a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence and to the Ministry managing such sector or field under authority specified in Paragraph 2, Article 21 of this Decree, unless otherwise specified by the specialized law; in case of fatal accident, notifies the district-level police;
b) The content of notification is under the Form specified in Appendix III issued with this Decree.
3. When the occupational accident occurs to the employee not working under labor contract, the notification specified under Point Article, Paragraph 1, Article 34 of the Law on occupational safety and sanitation is made as follows:
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b) When notified of occupational accident which causes death or seriously injures 02 employees or more, the communal People’s Committee where the accident occurs must notify by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs and district-level police under the Form specified in Appendix IV issued with this Decree.
Article 11. Decision on establishing occupational accident investigation Team
1. Grassroots occupational accident investigation Team
a) When notified of mild or serious occupational accident which causes serious injury to 01 employee under the management of the employer specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation, the employer must immediately establish a grassroots occupational accident investigation Team under the Form specified in Appendix V issued with this Decree.
b) For occupational accidents which occur at the place under the management of the employer, but the victim is the employee under the management of another employer, the employer at the place of accident occurrence must establish a grassroots occupational accident investigation Team while inviting the employer’s representative of the victim to participate in the Team.
2. Provincial occupational accident investigation Team
a) When notified of occupational accident which causes death or seriously injures 02 employees or more under the investigation authority, the Inspectorate of Department of Labor – Invalids and Social Affairs shall appoint its inspector within 02 hours and notify the bodies to appoint their employees to participate in the provincial occupational accident investigation Team.
b) For accidents specified under Point b, Paragraph 3, Article 19 of this Decree, after fully receiving dossier and documents related to the accident, the Inspectorate of Department of Labor – Invalids and Social Affairs shall notify the bodies which appoint their employees to participate in the provincial occupational accident investigation Team to conduct their investigation and make a record to verify the occupational accident.
c) Director of Department of Labor – Invalids and Social Affairs shall decide on establishing the provincial occupational accident investigation Team at the request of the Chief Inspector of Department of Labor - Invalids and Social Affairs under the Form specified in Appendix VI issued with this Decree.
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The establishment of central occupational accident investigation Team is specified in Paragraph 3, Article 35 of the Law on occupational safety and sanitation as follows:
a) The Minister of Labor – Invalids and Social Affairs shall decide to establish a central occupational accident investigation Team, except for occupational accidents specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;
b) The Head of competent authorities according to the specialized law or the Minister of the Ministries specified in Paragraph 1 and 2, Article 21 of this Decree shall establish the central occupational accident investigation Team to investigate the cases of occupational accident which occur in the areas specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;
c) The decision on establishing the central occupational accident investigation Team is made under the Form specified in Appendix VII issued with this Decree.
Article 12. Duties of member of occupational accident investigation Team
1. The Head of occupational accident investigation Team is responsible for:
a) Deciding the immediate investigation, even in case of absence of one of the members of investigation Team;
b) Assigning specific duties to each member of the Team;
c) Discussing the result of investigation of occupational accident; deciding and taking responsibility for his decision on the result of investigation of occupational accident;
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2. The members of occupational accident investigation Team are responsible for:
a) Performing duties assigned by the Head of the Team and participating in the general activities of the investigation Team;
b) Having the right to give and reserve their comments; in case of disagreement with the decision of the Head of the Team, the member can report to the Leader of bodies appointing employees to participate in the investigation Team;
c) Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;
The grassroots occupational accident investigation Team shall perform the investigation by the following procedures:
1. Collects traces, evidence and documents related to occupational accident.
2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with this Decree.
3. Requests the technical inspection or forensic examination (if needed).
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5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with this Decree.
6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree.
7. Participants of meeting to announce the Record of occupational accident investigation:
a) Head of occupational accident investigation Team;
b) Employer and person authorized in writing by the employer;
c) Members of occupational accident investigation Team;
d) Victim or victim’s representative, person who knows the facts or person concerned;
dd) Representative of the grassroots trade union executive committee or the direct superior trade union executive committee in case there is no grassroots trade union executive committee at such units.
8. If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.
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The provincial occupational accident investigation Team performs its investigation by the following procedures:
1. Performs the contents specified in Paragraphs 1, 2, 3 and 4, Article 13 of this Decree.
2. Makes Record of occupational accident investigation under the Form specified in Appendix X issued with this Decree.
3. Holds meeting and prepares the Minutes of meeting to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree at the unit or the communal People’s Committee at the place of accident occurrence.
4. Participants of meeting to announce the Record of occupational accident investigation:
a) Head of occupational accident investigation Team;
b) Member of occupational accident investigation Team;
c) Employer and person authorized in writing by the employer in case the employee having accident works under labor contract; representative of communal People’s Committee at the place of accident occurrence in case the employee having accident does not work under labor contract;
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Representative of the grassroots trade union executive committee or the direct superior trade union executive committee at the place having no grassroots trade union executive committee in case the victim works under labor contract;
e) Invites the representatives of police agency and People's Procuracy which have joined the investigation in the event of fatal occupational accident.
5. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.
6. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the Ministry of Labor – Invalid and Social Affairs, the employers, victim or victim’s relative.
The central occupational accident investigation Team performs its investigation by the following procedures:
1. After the decision on establishing the occupational accident investigation Team, the Head of occupational accident investigation Team must notify immediately the bodies whose employees are members of occupational accident investigation Team.
2. The occupational accident investigation Team shall come to the place of accident occurrence and require the employer and the competent authorities to provide documents and means related to the accident and coordinate with the district or provincial Police to conduct the on-the-spot investigation to make a record of scene examination, injury examination, collection of trace, evidence and documents related to the accident.
3. Performs the contents specified in Paragraph 2, 3 and 4, Article 14 of this Decree.
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5. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the central occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the employer, the victim or the victim’s relative or the Ministry of Labor – Invalid and Social Affairs where the occupational accident is investigated under the provisions of Paragraph 1 and 2 of Article 21 of this Decree.
Article 16. Dossier of occupational accident
1. The employer must prepare the occupational accident. The dossier comprises of the original or copy of the following documents:
a) Record of scene examination (if any);
b) Scene outline;
c) Photos of scene and victim;
d) Record of autopsy or injury examination, except for missing case as declared by the Court;
dd) Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);
e) Record of testimony of the victim, the person who knows the facts or person concerned;
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h) Minutes of meeting to announce the Record of occupational accident investigation;
i) Certificate of injury of the medical facility which has treated the victim’s injury (if any);
k) Certificate of discharge of the medical facility which has treated the victim’s injury (if any);
2. In a case of occupational accident, if there are many persons having occupational accident, each person shall have a separate dossier.
3. Retention of dossiers of occupational accident;
a) The employer shall retain the dossiers of occupational accident in accordance with the provisions in Paragraph 8, Article 18 of this Decree.
b) The body establishing the provincial or central occupational accident investigation Team shall retain the dossiers of occupational accident in accordance with regulations of law on retention.
Article 17. Occupational accident re-investigation upon complaint or denunciation
1. Within 90 days after announcement of Record of occupational accident investigation, if there is any complaint or denunciation in accordance with regulations of law, the occupational accident re-investigation is done as follows:
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b) Where the person making complaint or denunciation does not agree with the answer of the body or organization in charge of settlement specified under Point a of this Paragraph and continues making complaint or denunciation, the body having the authority to investigate in accordance with the provisions in Paragraph 2 and 3, Article 35 of the Law on occupational safety and sanitation shall establish the occupational accident investigation Team to conduct the occupational accident re-investigation while informing in writing the result of re-investigation to the complainant or denouncer or stating the reasons in case of failure to conduct the re-investigation.
c) The establishment where the accident occurs and the grassroots occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the provincial occupational accident investigation Team;
d) The occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the central occupational accident investigation Team;
dd) Conclusion of the central occupational accident investigation Team is occupational accident final conclusion.
2. The previous Record of occupational accident investigation shall be invalidated when the Record of occupational accident re-investigation is announced.
Article 18. Responsibility of employer of facility where the occupational accident occurs
1. Promptly provides first-aid and emergency to the victim.
2. Notifies the occupational accident under the provisions of Article 10 of this Decree.
3. Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:
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b) Only removes the scene and bury the corpse (if any) after finishing the investigation steps in accordance with regulations of this Decree with the written consent of the provincial occupational accident investigation Team or police agency.
4. Immediately provides documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.
5. Creates the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.
6. Establishes the grassroots occupational accident investigation Team to investigate the occupational accidents under the authority specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation and Paragraph 1, Article 11 of this Decree.
7. Provides all relevant information on occupational accident for all employees of his facility.
8. Completes and retain dossier of occupational accident for the employee during the period of time as follows:
a) 15 years for fatal occupational accidents;
b) Until the employee’s retirement for other occupational accidents.
9. Makes payment of expenses for occupational accident investigation including the re-investigation as stipulated under Point a, Paragraph 1, Article 27 of this Decree, except for case of occupational accident re-investigation as required by the social insurance body.
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1. In addition to compliance with the law of the host country, the employers and employees working abroad still have to follow the notification, investigation and report as stipulated in this Article upon occurrence of occupational accident towards the employees in the following cases:
a) The employees going to work abroad under the contract of sending the employee to work abroad with the winning and contracting enterprises or organizations or individuals making investment abroad and sending employees to work abroad according to the Law on Vietnamese employees working abroad under labor contract;
b) The employees going to work abroad under the contract to send employees abroad to work in the form of internship for skill improvement with the enterprises sending employees abroad to work in the form of internship for skill improvement according to the Law on Vietnamese employees working abroad under labor contract;
c) The Vietnamese employees who perform duties abroad as assigned by the employers in accordance with the laws of Vietnam for the following duties: seminar or conference attendance, short-term study, reality study abroad.
2. The notification in cases specified in Paragraph 1 of this Article is specified as follows:
a) When the occupational accident occurs, the victim or the Vietnamese employee working abroad with the victim knowing the facts must notify the employer.
b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after receiving the notification of accident, the employer must notify by the fastest way (directly, phone, fax, telegram, email) the Inspectorate of Labor- Invalids and Social Affairs at the place of employer’s head office; the content of notification is under the Form specified in Appendix III issued with this Decree.
3. The investigation and verification for cases specified in Paragraph 1 of this Article are defined as follows:
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b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after finishing the investigation, the employer must provide dossier and documents related to the occupational accident as stipulated in Paragraph 4 of this Article for the Inspectorate of Labor- Invalids and Social Affairs in Vietnam at the place of employer’s head office for reviewing and making record of verification of occupational accident under the Form specified in Appendix X issued with this Decree.
4. The employer must prepare and retain dossier and documents related to the occupational accident, including:
a) Decision of the facility sending the employee to work abroad;
b) Certified translation copy and copy of record of scene examination of foreign competent authorities;
c) Translation copy of copy of scene outline of the foreign competent authorities; scene photo; victim’s photo;
d) Certified translation copy and copy of record of autopsy or injury examination;
Certified translation copy of record of testimony of the victim, person knowing the facts or person concerned (if any);
e) Certified translation copy and copy of accident certificate of foreign competent authorities.
g) Certified translation copy and copy of injury certificate of foreign medical facility or injury certificate of Vietnam medical facility;
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1. The coordinated investigation of fatal occupational accident is done as follows:
a) When detecting or receiving information on fatal occupational accident, the provincial occupational accident Team shall coordinate with the investigation police agency having the authority for the initial investigation to carry out the following: scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents while informing the People’s Procuracy at the same level to control the scene examination and autopsy;
b) The body which come to the place of occupational accident occurrence in advance shall notify the body coming later (the investigation police agency shall inform the provincial occupational accident investigation Team through the Inspectorate of Labor- Invalids and Social Affairs). After informing, if the provincial occupational accident investigation Team, the investigation police agency still conducts the scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents as prescribed by law and notifies the provincial occupational accident investigation Team of the activities which the investigation police agency has done within the range of coordinated relation specified under Point a of this Paragraph;
c) As required by the investigation police agency and the People’s Procuracy, the provincial occupational accident investigation Team must provide the specialized information and documents on occupational safety and sanitation and information and documents for the purpose of investigation and settlement of occupational accident;
d) After finishing the making of record of scene examination and autopsy, the investigation police agency shall provide the copy of record of scene examination and copy of record of autopsy for the provincial occupational accident investigation Team;
dd) Within 10 working days after finishing the coordinated initial investigation, the provincial occupational accident investigation Team shall send the official letter to the investigation police agency and the People’s Procuracy with coordinate participation, specifying the viewpoint of cause and fault of persons concerned and if such accident is an occupational accident or not;
e) Within 10 working days after receiving the official letter from the provincial occupational accident investigation Team, the investigation police agency shall reply in writing if such accident is an occupational accident or not or not yet defined;
g) Where the investigation police agency defined it as occupational accident, the provincial occupational accident investigation Team shall conduct the investigation and draw conclusion as stipulated in Article 14 of this Decree and inform the result to the investigation police agency and the People’s Procuracy at the same level;
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2. The coordinated occupational accident investigation with criminal sign is done as follows:
a) During the occupational accident investigation under the authority specified in Paragraphs 1, 2 and 3, Article 35 of the Law on occupational safety and sanitation and the Articles 13, 14, 15, 17, 19, 21 and 22 of this Decree, if detecting the circumstances with criminal signs, the occupational accident investigation Team shall send document to recommend the prosecution, enclosed with the original documents, transfer of relevant objects and means (if any) to the investigation police agency for review and prosecution of criminal case as prescribed by law while sending document to the People’s Procuracy at the same level;
b) The investigation police agency must settle the recommendations of prosecution and inform the settlement result as prescribed by law.
3. Responsibility of investigation police agency in case of deciding not to prosecute the criminal case to the occupational accident is as follows:
a) Within 24 hours after issuing the decision on non-prosecution of criminal case to the occupational accident, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level;
b) Within 03 days, after receiving the written consent to no prosecution of the People’s Procuracy, the investigation police agency shall send this decision on non-prosecution of criminal case and hand over the objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.
4. Responsibility of investigation police agency in case of deciding to prosecute the criminal case to the occupational accident is as follows:
a) Within 24 hours after issuing the decision on prosecution of criminal case, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level while sending the copy of this decision to the Department of Labor – Invalids and Social Affairs;
b) Within 02 days after the conclusion of investigation, the investigation police agency shall send the investigation conclusion to the People’s Procuracy at the same level and the Department of Labor – Invalids and Social Affairs;
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5. When handing over the documents, objects and means related to the occupational accident as specified under Point a, Paragraph 2, Point b, Paragraph 3, Point c, Paragraph 4 of this Article, there must be a document of handover. The documents, objects and means handed over comprise of:
a) Decision on non-prosecution of criminal case in case specified under Point b, Paragraph 3 of this Article;
b) Record of scene examination;
c) Scene outline;
d) Photos of scene and victim (if any);
dd) Record of examination of traces on the body; record of autopsy (if any);
e) Record of testimony of the victim (if any), the witness and the persons having interests and obligations related to the occupational accident;
g) Result of judicial expertise (if any);
h) Objects and means related to the occupational accident (if any) subject to be handed over as prescribed by law and the record of seizure.
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7. The Department of Labor – Invalids and Social Affairs, the provincial police agency and the provincial People’s Procuracy shall develop the regulation on coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs.
Article 21. Occupational accident investigation in particular fields
Where the occupational accidents occur in the fields of radioactivity, exploration and oil and gas extraction, the means of transportation of railway, waterway, roadway, airway and units of the people’s armed forces, the occupational accident investigation is done as follows:
1. Accident investigation according to regulations of specialized law.
2. For fatal occupational accidents and occupational accidents which seriously injure two employees or more but the specialized law does not define the occupational accident, the investigation bodies shall conduct the investigation under their authority as follows:
a) The Ministry of Science and Technology shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of radioactivity;
b) The Ministry of Transport shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred on the means of transportation of railway, waterway, roadway, airway; means and equipment of oil and gas exploration and extraction at sea;
c) The Ministry of Industry and Trade shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of oil and gas exploration and extraction; except for case of occurrence on means and equipment of oil and gas exploration and extraction at sea;
d) The Ministry of Defense and the Ministry of Public Security shall set up the occupational accident investigation Team to investigate the occupational accidents occurring in the units of the people’s armed force under their management.
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3. For mild occupational accidents or the ones which seriously injure one employee but the specialized law does not define the occupational accident investigation, the employer shall conduct the occupational accident investigation as stipulated in Paragraph 1, Article 11 and 13 of this Decree.
4. The Record of occupational accident investigation under the Form specified in Appendix IX and X issued with this Decree.
For occupational accidents which injure the employee under the employer’s investigation authority, but after that, the employee died during the treatment or due to the recurrence of injury caused by the occupational accident, the coordinated investigation is stipulated as follows:
1. The grassroots occupational accident investigation Team must hand over all documents related to the occupational accident under investigation to the provincial occupational accident investigation Team;
2. Where the grassroots occupational accident investigation Team has not yet conducted its investigation, the provincial occupational accident investigation Team shall continue its investigation by the procedures for fatal occupational accident specified in Article 14 of this Decree;
3. Where the grassroots occupational accident investigation Team has finished its investigation of occupational accident, the provincial occupational accident investigation Team shall review the dossier of occupational accident which it receives and assess the result of investigation of the grassroots occupational accident investigation Team; in case of necessity, it shall conduct the re-investigation and make a record of investigation for this occupational accident as stipulated in Article 17 of this Decree.
Article 23. Traffic accident investigation related to labor
Where the employee has traffic accident while performing the occupational work or duties or while going from his residence to workplace or vice versa, the occupational accident investigation Team having the authority specified in Paragraphs 1, 2, 3 and 4, Article 35 of the Law on occupational safety and sanitation, Article 11 and 21 of this Decree shall conduct its verification and make record of occupational accident investigation based on one of the following documents:
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2. Written certification of the accident of the communal police agency where the accident occurs.
3. Written certification of accident of local government where the accident occurs.
Article 24. Time and form of occupational accident report
The occupational accident report as stipulated in Article 36 of the Law on occupational safety and sanitation is made as follows:
1. The employer shall send the general report on the reality of occupational accident to the Department of Labor – Invalids and Social Affairs where the employer’s head office is situated; the report must be sent before the 5th of July annually for the first 06 months and before the 10th of January of the subsequent year of the annual report under the Form specified in Appendix XII issued with this Decree. The report is sent by one of the following forms: directly, fax, post, email.
2. The communal People’s Committee shall report the occupational accident and technical incident which causes serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area specified in Paragraph 2, Article 36 of the Law on occupational safety and sanitation to the district People’s Committee under the Form specified in the Appendix XVI issued with this Decree before the 5th of July for the first 06 month report and before the 5th of January of subsequent year for the annual report.
3. The district People’s Committee shall summarize the occupational accidents and technical incidents causing serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area and report to the Department of Labor – Invalids and Social Affairs under the Form specified in Appendix XVI issued with this Decree before the 10th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report.
4. Reporting responsibility of the Department of Labor – Invalids and Social Affairs:
a) Rapidly reports the fatal occupational accidents and serious occupational accidents which injure 02 employees or more to the Ministry of Labor – Invalids and Social Affairs under the Form specified in the Appendix XIII issued with this Decree.
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5. The bodies in charge of occupational accident investigation in the particular fields as stipulated in Paragraph 4, Article 35 of the Law on occupational safety and sanitation and Article 21 of this Decree must report the reality of occupational accident under their investigation authority and send it to the Ministry of Labor – Invalids and Social Affairs before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report under the Form specified in Appendix XVII issued with this Decree.
1. The medical facility shall make statistics of cases of occupational accident which are examined and treated at the facility and sends it to the Department of Health before the 5th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report under the Form specified in Appendix XVIII issued with this Decree.
2. The Department of Health shall make a summary of victims of occupational accident who are examined and treated at the medical facility in the areas under the Form specified in Appendix XIX issued with this Decree and send it to the Ministry of Health before the 15th of July for the first 06 month report and before the 25th of January of subsequent year for the annual report.
3. The Ministry of Health shall send the summary of victims of occupational accident who are examined and treated at the medical facility to the Ministry of Labor – Invalids and Social Affairs before the 31st of July for data of the first 06 month and before the 15th of February of the subsequent year for the annual data under the Form specified in Appendix XX issued with this Decree.
1. Upon occurrence of incident which causes death or serious injury to 02 persons or more but the victims are not the employees under the employer’s management or when the employee is in distress but the casualty is unknown, the employer of the facility where the incident occurs must notify it by the fastest way to the Inspectorate of Department of Labor – Invalids and Social Affairs where the incident occurs and to the district Police if the victim is dead under the Form specified in Appendix III issued with this Decree.
2. In addition to the notification specified in Paragraph 1 of this Article, the technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation must be notified, investigated, counted and reported in accordance with the specialized laws.
3. For the technical incident causing serious occupational unsafety and insanitation but the specialized laws have not yet defined the notification, the following provisions must be observed:
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b) For technical incident causing serious occupational unsafety and insanitation pertaining to the many business and production establishments and localities, the employer and locality where the incident has occurred must notify immediately the district and provincial People’s Committee.
4. After conducting the investigation of technical incident causing serious occupational unsafety and insanitation in accordance with the specialized laws, the competent state authorities shall take responsibility for investigation and send the result, conclusion and investigation record to the provincial Department of Labor – Invalids and Social Affairs where the incident has occurred, the Ministry of Labor – Invalids and Social Affairs and the relevant bodies.
Article 27. Expenses of occupational accident investigation
1. The expenses of occupational accident investigation for the employees working under labor contract are stipulated as follows:
a) The employer is responsible for paying all expenses, including: scene reconstruction, shooting, printing, photo enlargement of scene and victim; technical inspection solicitation and forensic examination (in case of necessity); autopsy, printing of documents related to the occupational accident; vehicles at the place of occupational accident occurrence for the investigation of occupational accident; meeting to announce the record of occupational accident investigation;
b) The body having the authority to investigate the occupational accident and the body appointing its employee to participate in occupational accident investigation shall pay the traveling expenses to the participants under the current laws.
c) The expenses of occupational accident investigation from the employer shall be accounted in the costs of business and production and are the rational expenses to calculate and pay the corporate income tax in accordance with the provisions of the Law on corporate income tax; where the employer is a non-business enterprise, these expenses shall be accounted in the expenses and price of non-business services and are the rational expenses to calculate and pay tax according to regulation; where the employer is an administrative body, these expenses shall be allocated in its regular operational costs of the units and bodies.
2. The rational expenses pertaining to the occupational accident investigation of the employee who does not work under labor contract shall be paid by the communal People’s Committee and the state body having the authority to investigate the occupational accident in the regular operational costs of the units and bodies.
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1. Where the time limit for investigation is over but the investigation police agency cannot identify the person who causes the accident or the criminal case is suspended, the employer and the social insurance body must fully implement the responsibility to the affected person as stipulated in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.
2. Where the investigation police agency issues a decision on prosecuting the accused but the affected employee is not the accused, the employer and the social insurance body still have to fully implement the responsibilities to the affected employee as prescribed in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.
1. Only employ the elderly employees to perform the heavy, dangerous and hazardous trades and jobs which badly affect their health when meeting the following conditions:
a) The elderly employee must have experience with seniority of full 15 years or more in which there is at least 10 consecutive years of practice before the time of signing labor contract with the elderly employee;
b) The elderly employee must have high professional skills and certificate or be recognized as artisan according to the regulations of law; the employer must carry out the examination and testing before signing labor contract;
c) The elderly employees must be physically fit according to health standards issued by the Ministry of Health after the comments of the specialized ministry corresponding to the heavy, hazardous and dangerous trades and jobs and their health must be checked up at least 02 times 01 year;
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dd) There must be 01 employee who is not the elderly employee to work together with the elderly employee when performing work at a workplace;
e) The elderly employee has to submit application for voluntary work to the employer to review before signing labor contract.
2. The employer has a need to employ the elderly employee for heavy, dangerous or hazardous trades and jobs must make a plan and send it to the Ministry having authority to manage the sector with the following basic contents:
a) Title of trades and jobs with the description of characteristics and working conditions of trades and jobs employing elder employees;
b) Recommendations and evaluation of each specific condition for employing elder employees specified in Paragraph 1 of this Article.
3. The line ministry stipulates the title of heavy, hazardous and dangerous trades and jobs which can employ elderly employees and specific conditions in the sectors and areas under its management.
4. The employment of elderly people for heavy, dangerous or hazardous trades and jobs must follow the provisions in Paragraphs 1, 2 and 3 of this Article like the employment of elderly employees for heavy, hazardous and dangerous trades and jobs.
1. In the re-employment contract between the re-employment provider and the re-employment party as stipulated under Point a, Paragraph 1, Article 65 of the Law on occupational safety and sanitation including the following main contents:
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b) Training about occupational safety and sanitation;
c) Occupational personal protection equipment
d) Notification, investigation, statistics and report on occupational accident or occupational disease;
dd) Benefits for the re-employed employee who has occupational accident or occupational disease;
e) Coordinate and inspect the re-employment party to ensure the occupational safety and sanitation for the re-employed employee;
2. The contents of occupational safety and sanitation in the re-employment contract must ensure the following principles:
a) There must not the rights and interests lower than the contents specified in the labor contract which the re-employment provider has signed with the re-employed employee;
b) The contents to ensure the occupational safety and sanitation for the re-employed employee must not be lower than the employee of the re-employment party in the same working conditions.
Article 31. Responsibility of re-employment provider
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1. Must ensure all rights and interests of the re-employed employees under the responsibility of the employer as stipulated in the Law on occupational safety and sanitation. Where the re-employment party does not commit or fully follow its commitment about ensuring the occupational safety and sanitation in the signed re-employment contract, the re-employment provider must take responsibility in ensuring all rights and interests of the re-employed employees.
2. Coordinates with the re-employment party in investigating the occupational accident which injure mildly or seriously 01 re-employed employee under the authority of the grassroots occupational accident investigation Team; carries out the benefits for the employee who has occupational accident or occupational disease as specified in Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 38 and 39 of the Law on occupational safety and sanitation;
3. Retains dossiers of occupational safety and sanitation related to the re-employed employee; reports the occupational accident or occupational disease in accordance with the provisions in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree;
4. Informs the re-employed employee of the contents to ensure the occupational safety and sanitation in the re-employment contract; appoints employee to regularly monitor, coordinate and inspect the occupational safety and sanitation assurance for the re-employed employee of the re-employment party;
5. Fully follows other commitments about the occupational safety and sanitation under the responsibility of the re-employment provider specified in the re-employment contract.
The responsibility for ensuring the occupational safety and sanitation of the re-employment party is stipulated as follows:
1. Implements the employer’s responsibility and power for the occupational safety and sanitation in accordance with the provisions in Article 17 of the Law on occupational safety and sanitation and the guiding contents in this Decree; do not discriminate on occupational safety and sanitation to the re-employed employee compared with its employees.
2. Follows the regulation on personal protection equipment in work; general checkup and checkup for detection of occupational disease for the re-employed employee as stipulated in Article 21 and 22 of the Law on occupational safety and sanitation.
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4. Provides training on occupational safety and sanitation for the re-employed employee as stipulated in Article 14 of the Law on occupational safety and sanitation. Where the re-employment provider has provided the training for the re-employed employee, the re-employment party shall provide additional training of contents in line with the reality and working conditions at the re-employed employee workplace like the instructions to the re-employment party’s employees.
5. Upon the occurrence of occupational accident or technical incident causing the occupational unsafety and sanitation for the re-employed employee, the re-employment party must:
a) Provides timely first-aid and emergency for the victim:
b) Notifies the accident as stipulated in Article 34 of the Law on occupational safety and sanitation and Paragraph 1, Article 10 of this Decree.
c) Establishes the grassroots occupational accident investigation Team for the accidents under the authority as stipulated in Paragraph 1, Article 11 of this Decree; coordinates with the re-employment provider for occupational accident investigation; implements the benefits for the affected employee in line with the commitments in the re-employment contract.
6. When detecting the re-employed employee has occupational disease, the re-employment party must notify immediately the re-employment provider to implement the benefits for such re-employed employee in line with the commitments in the re-employment contract.
7. Summarizes the reality of occupational accident and occupational disease of the re-employed employees and sends it to the re-employment provider to make periodical report as stipulated in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree.
8. Retains, copies and sends dossiers of occupational safety and sanitation related to the re-employed employee to the re-employment enterprise;
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1. Promptly provide first-aid and emergency for affected pupils and students.
2. Pays medical fees from first-aid and emergency to stable treatment for the affected pupils and students as follows:
a) Pays in advance and pays the co-payments and the expenses not included in the list paid by the health insurance for pupils and students who participate in health insurance;
b) Pays all medical expenses for pupils and students who do not participate in health insurance;
3. Introduces the affected pupils and students for medical examination to determine the body injury at the medical examination Council and pays the fees of consultation and examination of body injury.
4. Provides one-time assistance in cash for the affected pupils and students as follows:
a) At least equal to 0.6 time of base salary in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive additional 0.16 time of base salary in case of working capacity reduction from 11% to 80%;
b) At least equal to 12 times of base salary for pupils and students with working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accident;
c) Implements the assistance to the affected pupils and students within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to accident.
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6. In case the pupils and students are the employees who are sent to study by the employer, the educational establishments and vocational establishments must:
a) Implement the responsibility for the pupils and students as stipulated in Paragraph 1 of this Article;
b) Coordinate with the employer to notify, investigate and report the occupational accident in accordance with the provisions in the Law on occupational safety and sanitation and this Decree.
Article 34. Occupational safety and sanitation for employees working in the field of arts and sports
1. The occupational safety and sanitation assurance, development and compliance with policies and benefits of occupational accident or occupational disease for the employee working in the field of arts and sports must be in line with the occupational characteristics according to the following basic factors:
a) Age, seniority, process of trade learning and apprenticeship;
b) Time and location of practice, training, competition, performance;
c) Salary, remuneration, social insurance;
d) Other objective conditions such as weather and audiences.
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OCCUPATIONAL SAFETY AND SANITATION FOR BUSINESS AND PRODUCTION ESTABLISHMENTS
The responsibility of management of economic zones, industrial parks, export processing zones, high-tech zones for occupational safety and sanitation as specified in Paragraph 2, Article 71 of the Law on occupational safety and sanitation is as follows:
1. Propagate, disseminate and urge the business and production establishments under their management to comply with the regulations of law on occupational safety and sanitation.
2. Inspect the implementation of occupational safety and sanitation towards the business and production establishments under their management, unless otherwise specified by the specialized law;
3. Coordinate with occupational safety and sanitation inspection Teams and occupational accident investigation Teams as required;
4. Summarize and report the occupational safety and sanitation and reality of occupational accident and occupational disease of the business and production establishments under their management to the Department of Labor - Invalids and Social Affairs as authorized in accordance with regulations of law;
Article 36. Organization of occupational safety and sanitation division
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1. For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;
b) The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;
c) The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
d) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;
b) The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;
c) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
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a) Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.
b) Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.
c) Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.
4. The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:
a) Have university level of engineering specialties;
b) Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.
c) Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.
Article 37. Organization of medical division
The organization of medical division specified in Paragraph 1, Article 73 of the Law on occupational safety and sanitation is provided for as follows:
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a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the medical activities with intermediate educational level;
b) The business and production establishments which employ between 300 and 500 persons must have at least 01 doctor/physician and 01 person to carry out the medical activities with intermediate educational level;
c) The business and production establishments which employ between 500 and under 1000 persons must have at least 01 doctor and each shift must have 01 person to carry out the medical activities with intermediate educational level;
d) The business and production establishments which employ 1000 persons or more must establish the medical facility in the form and structure in accordance with regulations of law on health examination and treatment.
2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 500 persons must have at least 01 person to carry out the medical activities with intermediate educational level;
b) The business and production establishments which employ between 500 and 1000 persons must have at least 01 physician and 01 person to carry out the medical activities with intermediate educational level;
c) The business and production establishments which employ over 1000 persons must have at least 01 doctor and 01 person to carry out other medical activities.
3. The persons performing the medical activities at the establishments specified in Paragraph 1 and 2 of this Article must meet all following conditions:
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b) Have occupational health certificate.
4. The employer must notify the information of the grassroots health workers under the Form XXI issued with this Decree with the provincial Department of Health where the head office of the establishment is situated.
5. Where the establishment does not arrange the health workers or does not set up its medical division as stipulated in Paragraphs 1, 2 and 3 of this Article, the business and production establishment shall:
a) Sign contract with the qualified medical facility in accordance with the following regulations: providing a sufficient number of health workers prescribed in Paragraphs 1, 2 and 3 of this Article; promptly be present at the business and production establishment upon the occurrence of emergency within 30 minutes for the plain, towns, cities and 60 minutes for mountainous areas and remote areas;
b) Notify the information of the medical facility under the Form in the Appendix XXII issued with this Decree to the provincial Department of Health where the head office of the establishment is situated.
Article 38. Organization of grassroots occupational safety and sanitation Council
The organization of grassroots occupational safety and sanitation Council specified in Paragraph 1, Article 75 of the Law on occupational safety and sanitation is provided as follows:
1. The employer must set up the grassroots occupational safety and sanitation Council in the following cases:
a) The business and production establishments which belong to the areas and business lines specified in Paragraph 1, Article 36 of this Decree and employ 300 persons or more;
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c) State economic groups and corporations.
2. The business and production establishments which are different from those specified in Paragraph 1 of this Article should set up the occupational safety and sanitation Council in case of necessity and eligibility for operation.
STATE MANAGEMENT OVER OCCUPATIONAL SAFETY AND SANITATION
Assigning the development and issuance of national regulations on occupational safety and sanitation of the Ministries as specified in Paragraph 3, Article 87 of the Law on occupational safety and sanitation as follows:
1. Ministry of Health
a) Occupational safety and sanitation for the occupational sanitary factors in working environment, except for radioactive and radiative factors specified under Point a, Paragraph 6 of this Article.
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2. Ministry of Agriculture and Rural Development
a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for: agricultural products, forestry products, aquatic products, salt, livestock, poultry and livestock; agricultural, forestry and aquatic materials, fertilizer; products in farming, harvesting, processing, storage and transportation of agricultural products, forestry products, aquatic products, salt, additive and chemical used in agriculture, forestry and fisheries; plant and animal protection products, irrigation works and dykes.
b) Occupational safety for equipment, machine and materials with strict requirements on occupational safety in the group of machine, equipment and materials of agriculture, forestry, salt production and fisheries.
3. Ministry of Transport
a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for means of transportation, means and equipment of loading and unloading, specialized performance in transportation (except for means used for national defense, security and fishing boat); technical equipment of transportation; means and equipment for exploration and exploitation at sea;
b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: means of transportation must be registered in accordance with regulations of law in the field of transportation; means and equipment of loading and unloading and specialized performance in transportation; means and equipment for exploration and exploitation at sea;
4. Ministry of Industry and Trade
a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for mechanical industry, metallurgy; production, transmission and distribution of electricity, new energy and renewable energy; coal mining; mining, processing, transportation, distribution and storage of oil and gas and petroleum products, except for means and equipment for exploration and exploitation at sea;
b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: industrial explosive materials, pressure equipment, industrial lifting equipment; equipment used for mining, oil and gas extraction, excluding equipment and means for exploration and exploitation at sea.
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5. Ministry of Construction
a) Occupational safety and sanitation in developing technical measures and organization of works construction.
b) Occupational safety for machine and equipment with strict requirements on occupational safety used in construction.
6. Ministry of Science and Technology
a) Occupational safety and sanitation for nuclear reactors, nuclear materials, nuclear source materials, radioactive substances and radiative equipment.
b) Assessment of draft of national technical regulations on occupational safety and sanitation as stipulated in the Law on technical regulations and standards.
7. Ministry of Information and Communications
a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for telecommunication works; telecommunication networks, electronics and information technology.
b) Occupational safety and sanitation for machine and equipment with strict in the requirements on occupational safety in the group of telecommunication machine and equipment; radio transmitters and transceivers.
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8. Ministry of Defense
a) Occupational safety and sanitation for military means and equipment, weapons and ammunition, products for national defense and national defense works not subject to state secrets.
b) Occupational safety for machine, equipment and materials with strict requirements on occupational safety specially used for the purpose of national defense and military characteristics.
9. Ministry of Public Security
a) Occupational safety and sanitation for technical equipment, weapons and ammunition, military equipment, explosive materials and other products used for people police forces not subject to state secrets unless otherwise specified under Point a, Paragraph 8 of this Article.
b) Occupational safety for machine and equipment used for fire prevention and fighting with strict requirements on occupational safety.
10. Ministry of Labor - Invalids and Social Affairs
a) Occupational safety and sanitation for personal protection equipment for the employees; technical equipment in vocational establishment; products, goods, services, process and environment not specified under Point a of Paragraph 1, Point a of Paragraph 2, Point a of Paragraph 3, Point a of Paragraph 4, Point a of Paragraph 5, Point a of Paragraph 6, Point a of Paragraph 7, Point a of Paragraph 8, Point a of Paragraph 9 of this Article, except for products, goods, services, process and environment not assigned by the Prime Minister under the provisions of Point Article of this Paragraph;
b) Occupational safety for machine, equipment and materials with strict requirement on occupational safety, except for machine and equipment specified under Point b of Paragraph 1, Point b of Paragraph 2, Point b of Paragraph 3, Point b of Paragraph 4, Point b of Paragraph 5, Point b of Paragraph 6, Point b of Paragraph 7, Point b of Paragraph 9 of this Article excluding machine, equipment and materials with strict requirements on occupational safety not assigned by the Prime Minister according to the provisions under Point d of this Paragraph;
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d) Coordinates with the ministries and ministerial agencies to request the Prime Minister to assign the tasks of development and issuance of national technical regulations on occupational safety and sanitation for new products, goods, services, process and environment or related to the range of management of ministries and ministerial agencies arising during operation and management.
11. During the development of draft of national technical regulations on occupational safety and sanitation, the ministries and ministerial agencies must gather the opinions publicly and widely from relevant organizations and individuals and opinions from the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health before sending it the Ministry of Science and Technology for assessment;
12. The development of national technical regulations on occupational safety and sanitation must ensure the consistency and uniformity in the entire system.
13. The information providing bodies and inquiry points concerning the technical barriers in trade of the Ministries are responsible for giving information on legal normative documents related to the quality measurement standards in the field of occupational safety and sanitation to the Ministry of Science and Technology to ensure the implementation of transparency in WTO and other free trade Agreements in which Vietnam is a member.
Article 40. Development of national standards on occupational safety and sanitation
1. The ministries and heads of ministerial agencies are responsible for developing the draft of national standards on occupational safety and sanitation within the sectors and areas assigned for management.
2. The organizations and individuals have the right to make suggestions or give comments about the plan for development of national standards on occupational safety and sanitation; give comments about the draft of standards of national standards on occupational safety and sanitation; develop or participate in development of draft of standards of national standards on occupational safety and sanitation to request the Ministry of Science and Technology to conduct the assessment and announcement.
Article 41. National council for occupational safety and sanitation
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1. The Prime Minister shall decide on the establishment of national Council for occupational safety and sanitation based on the recommendations of the Minister of Labor - Invalids and Social Affairs.
2. The national Council for occupational safety and sanitation is the organization which shall give advice to the Government about new development, amendment or addition of policies and laws on occupational safety and sanitation.
3. The national Council for occupational safety and sanitation comprises of the following members:
a) Council Chairman is the Minister of Labor - Invalids and Social Affairs;
b) Council Vice Chairmen: Deputy Minister of Labor - Invalids and Social Affairs; Deputy Minister of Health and Vice Chairman of Vietnam General Confederation of Labor;
c) Council Members: Leadership representatives of the Ministries of Science and Technology, Public Security, Defense, Interior, Industry and Trade, Construction, Transport, Agriculture and Rural Development, Vietnam Cooperative Alliance, Vietnam Farmer’s Association, Chamber of Commerce and Industry of Vietnam and a number of agencies, organizations, experts and scientists under the decision of the Prime Minister.
4. The national Council for occupational safety and sanitation operates in accordance with the following provisions:
a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in new development, amendment and addition of policies and laws on occupational safety and sanitation operates in accordance with the following provisions:
b) The Council Chairman shall provide for the working regulation of the Council and its standing unit and secretary division.
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d) The funding for operation of the national Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the central budget, aggregated and allocated in the annual budget estimate of the Ministry of Labor - Invalids and Social Affairs.
Article 42. Provincial Council for occupational safety and sanitation
The establishment, functions, duties, organization and operation of the provincial Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:
1. The Chairman of provincial People’s Committee shall decide on the establishment of provincial Council for occupational safety and sanitation based on the recommendations of Director of Department of Labor - Invalids and Social Affairs.
2. The provincial Council for occupational safety and sanitation is the organization which shall give advice to the provincial People’s Committee about implementation of policies and laws on occupational safety and sanitation with the following main contents:
a) Measures to direct and run the implementation of guidelines and policies of the Party and laws of State on occupational safety and sanitation at localities;
b) Development of occupational safety and sanitation Program within localities and insertion in the social-economic development plan;
c) Polices on supporting the employees who do not work under labor contract at localities.
3. The provincial Council for occupational safety and sanitation comprises of the following members:
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b) Council Vice Chairmen are the Director or Deputy Director of Department of Labor - Invalids and Social Affairs, leadership representative of Department of Health and leadership representative of provincial Federation of Labor;
c) Council Members are the leadership representatives of Departments: Industry and Trade, Construction, Agriculture and Rural Development, Transport, Science and Technology; leadership of provincial Social Insurance body, Vietnam Cooperative Alliance, Provincial Farmer’s Association and representatives of businesses, agencies, organizations, experts and other scientists by decision of the Chairman of provincial People’s Committee.
4. Operation of the Council includes the following basic contents:
a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in implementation of policies and laws on occupational safety and sanitation at localities;
b) The Chairman of provincial Council for occupational safety and sanitation provides for the working regulation of the Council, the assisting body and secretary division of the Council.
c) The Chairman of Council can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;
d) The funding for operation of the provincial Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the local budget as decentralized by the law of state budget.
Section 3. COORDINATED INSPECTION AND EXAMINATION OF OCCUPATIONAL SAFETY AND SANITATION
Article 43. Coordinated inspection and examination of occupational safety and sanitation
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2. The state management agency over the areas of radioactivity, exploration and extraction of oil and gas, means of transportation of railway, waterway, roadway, airway and units of armed forces shall announce the plan for inspection and examination of occupational safety and sanitation in these fields to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs of localities where the inspection is held for coordinated implementation.
3. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall carry out the irregular inspection of occupational safety and sanitation in the areas specified in Paragraph 2 of this Article in the following cases:
a) Under the direction of the Prime Minister;
b) Upon detection of risks of occupational unsafety and insanitation causing serious accident or effect on the employee’s health;
c) At the request of the line ministries.
4. The ministries and ministerial agencies carrying out the inspection of occupational safety and sanitation within their duties and powers of state management shall invite the representative of the Ministry of Labor - Invalids and Social Affairs to participate and send the result of inspection and recommendations to the Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs.
5. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall handle and settle the result of inspection and recommendations of occupational safety and sanitation of the ministries and ministerial agencies under its authority and announce the result to the agency sending the recommendations.
6. The provincial People’s Committee shall provide for the coordination between the Departments and Sectors of localities in inspection or examination of occupational safety and sanitation at localities.
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1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies of the Government, provincial People’s Committee and the relevant agencies to develop the national Program of occupational safety and sanitation by each phase of 05 years and submit it to the Prime Minister for approval.
2. The development of national Program of occupational safety and sanitation must have the consultation from the Vietnam General Confederation of Labor.
1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries, ministerial agencies, provincial People’s Committees, political organizations, social – political organizations, occupational – social organizations and relevant agencies to annually develop, update and announce the national Dossier of occupational safety and sanitation for every 05 years/01 time. The national Dossier of occupational safety and sanitation is annually updated and at least comprises of the following information:
a) Guidelines and policies of the Party and State in occupational safety and sanitation;
b) System of legal normative documents on occupational safety and sanitation;
c) Organization of apparatus performing the state management over the occupational safety and sanitation; system of bodies which study and provide the training about the occupational safety and sanitation;
d) Coordinated mechanism of state management bodies, trade union organization, employer’s representative organization and relevant organizations;
dd) Programs and events of occupational safety and sanitation at national and provincial level;
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g) Services in the field of occupational safety and sanitation;
h) Data of occupational accident and occupational disease and technical incident causing the occupational unsafety and insanitation;
2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies, governmental agencies and provincial People’s Committee to organize the activities of information and propagation on occupational safety and sanitation.
Section 5. TECHNICAL AND SCIENTIFIC STUDY AND APPLICATION IN OCCUPATIONAL SAFETY AND SANITATION
Article 46. Technical and scientific study and application in occupational safety and sanitation
1. The Ministry of Science and Technology uniformly manages the technical and scientific study and application in occupational safety and sanitation.
2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the Ministry of Science and Technology and the relevant agencies to study and recommend the building of laboratory and testing of national standards in service of occupational safety and sanitation.
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1. This Decree takes effect from 01/07/2016.
2. The provisions in Articles 9, 10, 11, 12, 13 and 14 of Decree No. 45/2013/ND-CP dated 10/5/2013 of the Government detailing some Articles of the Labor Code on working time, break time and occupational safety and sanitation, Point a, b and c, Paragraph, Article 34 of Decree No. 59/2015/ND-CP dated 18/6/2015 of the Government on management of construction investment project shall be invalidated from the effective date of this Decree.
Article 48. Responsibility for implementation
1. The Minister of Labor - Invalids and Social Affairs provides the instructions on implementation of this Decree.
2. The Ministers and Heads of ministerial agencies provide the instructions on implementation of Article and Paragraphs assigned in this Decree and measures to implement the state management over the occupational safety and sanitation within their duties and powers.
3. The Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chairmen of People’s Committees of provinces and centrally-run cities are liable to execute this Decree./.
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APPENDIX I
SAMPLE DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEALTH FOR HARMFUL
FACTORS AND OCCUPATIONAL DISEASE PREVENTION AND CONTROL
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Section I. Sample document on environmental and occupational health for harmful factors and occupational disease prevention and control
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
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DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEATLH
Workplace name: ____________________________________________________
Production industry: ____________________________________________________
Host institution: ____________________________________________________
Address: ____________________________________________________
Phone number: ______________________________ Fax number: ___________________
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Date of formulation of the document on environmental and occupational health: _________
Year:________
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Part I
GENERAL OVERVIEW
1. Workplace name: ____________________________________________________
- Institution in charge: __________________________________________________
- Address: ____________________________________________________
- Products in the manufacturing, trading (main products) and service industry: _________
_____________________________________________________________________
- Year of incorporation:___________________________________________________
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- Number of direct employees: _____________________________________________
- Number of employees in contact with harmful or hazardous factors: _________________
- Number of workers engaged in extremely arduous, harmful or hazardous occupations or work, and in arduous, harmful or hazardous occupations or work: _____________________________
2. Scale (Production output):
_____________________________________________________________________
_____________________________________________________________________
3. Brief description of technology or service process:
_____________________________________________________________________
_____________________________________________________________________
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+ Raw materials:_________________________________________________________
+ Fuels: _______________________________________________________________
+ Energy:_______________________________________________________________
- Volume and types of industrial/production/healthcare/other (liquid, solid, gaseous, dusty, microbiological) wastes within 24 hours:
_____________________________________________________________________
_____________________________________________________________________
- Facilities and equipment used for treating industrial/production/healthcare/other wastes:
_____________________________________________________________________
_____________________________________________________________________
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- Harmful factors that may be produced during workplace operations (sources of pollution and affected areas)1
_____________________________________________________________________
_____________________________________________________________________
- Currently available measures to treat harmful factors existing in work environment:
_____________________________________________________________________
_____________________________________________________________________
5. Ambient environment sanitation:
- Shortest distance from sources of waste discharge to residential areas: ___________
- Shortest distance from sources of waste discharge to the centralized drinking water source (water supply stations, borewells, dug wells, lakes or ponds): ___________________
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- Wastewater treatment system at workplace:
+ Wastewater is treated in accordance with applicable laws: ___________________
+ Wastewater is not treated in accordance with applicable laws: ___________________
- Percent of land area under cultivation of plants within the precincts of the workplace: ____
6. Welfare facilities for employees:
+ Sanitation facilities (Average number of employees/1 pit/1 shift): ___________________
+ Bathroom (Average number of employees/1 tap/1 shift):___________________________
+ Mid-shift rest house: No [ ] Yes [ ] Number of spaces: ________________
+ Eating facility: No [ ] Yes [ ] Number of seats: ___________________
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7. Healthcare service providers:
- Healthcare division: Yes [ ] No [ ] Contract: ___________________
- + Medical bed: Yes [ ] No [ ] Number of beds: ……….
- Total number of health officers: ...., including: Doctor:.......... Pharmacist: .......
Nurse: …. Other: …..
- Office of a healthcare organization at workplace (Describe and give address if it is a party to a healthcare service agreement):
_____________________________________________________________________
_____________________________________________________________________
- Amount of drugs, equipment and instruments used for on-site first aid and medical emergency services:
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...
_____________________________________________________________________
- On-site medical emergency plans:
_____________________________________________________________________
_____________________________________________________________________
Part II
OCCUPATIONAL SANITATION FOR PRODUCTION WORKSHOPS OR WORK SITES
(Each production workshop, work site or department filling in 1 page)
1. Name of production workshop, work site or department: _________________________
2. Scale and duties: ___________________________________________________
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3. Alteration, improvement or expansion: _______________________________________
_______________________________________________________________________
4. Work environment and number of employees in contact with harmful or hazardous factors at workplace:
Harmful factors to be monitored (Employer must fill in this field according to the appendix ...)2
Number of employees exposed to harmful factors
Including number of female employees
Remark
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INVENTORY LIST OF EQUIPMENT FOR OCCUPATIONAL HEALTH ASSURANCE
(Each production workshop, work site or department filling in 1 page as equivalent to part II)
Year
Method
Environmental and occupational health equipment and type (specify quantity)
Operating condition (in use or out of order)
Ventilation
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...
Lighting
...
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...
Noise or vibration resistance
Dust resistance
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Poisonous gas resistance
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Resistance to microbiological agents
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Others
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Part IV
GENERAL LIST OF HARMFUL FACTORS AT WORKPLACE TO BE MONITORED
No.
Harmful factors to be monitored
Number of positions to be monitored
Sample quantity
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DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEATLH
Part I. General overview
1. Workplace name.
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3. Brief description of technology or service process.
4. Harmful factors existing in work environment and remedial actions.
5. Ambient environment sanitation.
6. Welfare facilities for employees.
7. Healthcare service providers:
Part II: Occupational sanitation for production workshops or work sites
Part III: Inventory list of equipment for occupational health assurance
Part IV: General list of harmful factors at workplace to be monitored
Remark:
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- Occupational health document is considered as the basis for employer’s formulation of the plan for work environment monitoring, work condition improvement and prevention of occupational accidents or diseases.
- Work environment monitoring results shall be updated and additionally included in the occupational health document.
Section II. List of harmful factors existing in work environment
HARMFUL FACTORS EXISTING IN WORK ENVIRONMENT
1. Harmful microclimate agents:
- Temperature:
- Humidity:
- Wind flow velocity:
...
...
...
2. Physical agents:
- Light:
- Noise classified by the frequency bandwidths:
- Noise classified by the frequency bandwidths:
- Vertical or horizontal vibration velocity:
- Radioactive agents:
- Electromagnetic fields at the industrial frequency:
- High-frequency electromagnetic fields:
- Ultraviolet radiation:
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3. Dust of different types:
- Total dust:
- Respirable dust:
- Normal dust:
- Silica dust: analyzing concentration of free silica:
- Asbestos dust:
- Metal dust (lead, manganese, cadmium, etc. which should be clarified):
- Coal dust:
- Talc dust:
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- Dust of other kinds (give details):
4. Poisonous gases (Describe in detail agents to which limits on exposure conform to occupational health regulations), including:
- Mercury:
- Arsenic:
- Carbon monoxide:
- Benzene and compounds (Toluene, Xylene):
- Trinitrotoluene (TNT):
- Nicotine:
- Pesticide chemicals:
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5. Psychological, physiological and ergonomic agents
- Neuropsychological burden assessment:
- Ergonomic assessment:
6. Assessment of occupational contact factors
- Microbiological agents:
- Allergy or sensitivity-inducing agents:
- Solvents:
APPENDIX II
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CODE
INJURY NAME
01
Head, face, neck
011.
Open or closed head injuries;
012.
Cerebral contusion;
013.
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...
014.
Skull fracture;
015.
Scalp laceration;
016.
Iris trauma;
017.
Turbinate bone fracture and bruise;
018.
...
...
...
019.
Injury to facial soft tissue on a vast area;
0110.
Penetrating injury to the neck, harmful effects on larynx and esophagus.
02
Chest and abdomen
021.
Rib injury causing damage to internal organs;
022.
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...
023.
Rib contusion or highly compressed rib;
024.
Rib fracture;
025.
Injury to abdominal soft tissue on a vast area;
026.
Abdominal injury and contusion causing damage to internal organs;
027.
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...
028.
Collision or contusion injury to spine causing effects on spinal mobility;
029.
Vertebral fracture or displacement;
0210.
Hip fracture;
0211.
Hip injury causing effects on mobility of lower body and pelvic limbs;
0212.
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03
Pectoral limbs
031.
Bone, nerve and blood vessel injury causing effects on mobility of pectoral limbs;
032.
Injury to soft tissue of pectoral limbs on a vast area;
033.
Injury to shoulders, arms, palms or wrists causing effects on tendons;
034.
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035.
Joint dislocation or deformation.
04
Pelvic limbs
041.
Injury to pelvic limbs causing damage to blood vessels, nerves or bones which affects mobility of pelvic limbs;
042.
Injury to pelvic limbs on a vast area;
043.
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05
Burn injury
051.
Third-degree burn;
052.
Second or third-degree thermal burn covering a vast area of body;
053.
Serious second or third-degree chemical burn;
054.
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055.
Third-degree cold burn;
056.
Second or third-degree cold burn covering a vast area of body.
06
Severe poisoning by the following agents
061.
Carbon monoxide poisoning with symptoms such as collapse, unconsciousness, nutritional disorder of skin, lung tissue swelling, confusion, weakness, tiredness, memory deficit and significant changes in the circulatory system organs;
062.
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063.
Hydrogen sulfide poisoning causing strong irritant reaction, epilepsy state and likely to cause swelling of lungs and unconsciousness;
064.
High-concentration carbon dioxide poisoning causing symptoms such as stopped or slowed breathing, bleeding in the nose, mouth and intestine, asthenia or collapse;
065.
Chronic poisoning caused by exposure to pesticide chemicals;
066.
Poisoning caused by exposure to other chemicals in the classification of chemicals subject to declaration and registration.
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SAMPLE REPORT ON OCCUPATIONAL ACCIDENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HIGHER-LEVEL
REGULATORY AUTHORITY (IF ANY)
OCCUPATIONAL ACCIDENT-CAUSING ESTABLISHMENT
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
Address: ……………………….....
Tel/fax:………………………….
Email:…………………………….
……, date……..
REPORT ON OCCUPATIONAL ACCIDENTS
...
...
...
- Inspectorate of the Department of Labour, War Invalids and Social Affairs …1…
- Police department of the district …2…
1. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Summary of events that have occurred/ consequences:……………………………………
………………………………………………………………………………………………………
2. Information about victims:
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...
Full name
Birth year
Gender
Occupation3
Post-accident condition (dead/slightly or severely injured)
1
...
...
...
2
3
...
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...
4
….
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...
PREPARED
BY
(Sign, write
full name and title)
_______________
1 Give name of the administrative subdivision at the provincial level.
2 Give name of the administrative subdivision at the district level.
3 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
APPENDIX IV
SAMPLE
FAST REPORT ON OCCUPATIONAL ACCIDENTS FOR NON-CONTRACT EMPLOYEES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
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...
...
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………, date ….
Dear
- Inspectorate of the Department of Labour, War Invalids and Social Affairs …
- Police department of the district …
1. Information about commune/ward:
- Commune/ward where an occupational accident takes place:……………………………………………………………………………….
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- Tel/fax:………………………….; Fax:…………………..;
2. Information about an occupational accident
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
3. Brief information about victims:
- Full name:…………………………..Male/female:………………………………………….
- Date of birth:………………………………………………………………….
4. Brief information about the occupational accident:
5. Victim’s injury assessment:
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...
Addressee:
- As mentioned
above;
- For archival purposes.
PP.
PEOPLE’S COMMITTEE
PRESIDENT
(Sign and
seal)
APPENDIX V
SAMPLE DECISION ON ESTABLISHMENT OF THE GRASSROOTS-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
ESTABLISHMENT’S
NAME
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: .... /QD-DTTNLD
…………., date …….
...
...
...
DECISION
Regarding establishment of the commission for investigation into occupational accident
TITLE OF EMPLOYER
Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain articles of the Law on Labor Safety and Health;
Upon the request of…….,
HEREBY DECIDES:
Article 1. Establish the commission for investigation into occupational accident of1…………………………….
The commission is composed of the following persons:
1. Full name…………………………, Title……………………………, holding the post as the Head;
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...
3. ..................................................................................................................................
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The persons defined in Article 1 and those involved in an occupational accident shall be responsible for implementing this Decision./.
Addressee:
- As mentioned
above;
- For archival purposes.
EMPLOYER
(Sign, write
full name and stamp)
__________________
1 Specify the establishment’s name.
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SAMPLE DECISION ON ESTABLISHMENT OF THE PROVINCIAL-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE'S COMMITTEE OF PROVINCE (CITY)...........
DEPARTMENT
OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……. /QD-LDTBXH
………., date……
DECISION
Regarding establishment of the commission for investigation into occupational accident
DIRECTOR OF THE DEPARTMENT OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
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...
...
Upon the request of the Chief Inspector of the Department of Labour, War Invalids and Social Affairs,
HEREBY DECIDES:
Article 1. Establish the commission for investigation into occupational accident of province (city)…………1………….
The commission is composed of the following persons:
1. Full name…………………………, Title……………………………, holding the post as the Head;
2. Full name…………………………, Title……………………………, Host institution……………, holding the post as the Member;
3. ……………………………………………………………………………………………….
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The Chief Inspector, the persons defined in Article 1, Director (owner of an establishment) and those involved in an occupational accident shall be responsible for implementing this Decision./.
...
...
...
Addressee:
- As mentioned
above;
- Department of Health;
- Labor Confederation of province, city;
- Deposited in archives and Inspectorate of the Department of Labor, War
Invalids and Social Affairs
DIRECTOR
(Sign, write
full name and stamp)
___________________
1 Give name of the administrative subdivision at the provincial level.
APPENDIX VII
SAMPLE DECISION ON ESTABLISHMENT OF THE CENTRAL-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
MINISTRY……………..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
…………, date …..
DECISION
Regarding establishment of the commission for investigation into occupational accident
MINISTER/HEAD OF MINISTRY-LEVEL AGENCY ………….
Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain articles of the Law on Labor Safety and Health;
Upon the request of…….,
HEREBY DECIDES:
Article 1. Establish the central-level commission for investigation into occupational accident which is composed of the following persons:
...
...
...
2. Full name…………………………, Title……………………………, Host institution……………, holding the post as the Member;
3. .......................................................................................................................................
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The persons defined in Article 1, Director (owner of an establishment) and ……… involved in an occupational accident shall be responsible for implementing this Decision./.
Addressee:
- As mentioned
above;
- ………..
For archival purposes, …..
MINISTER/HEAD
(Sign, write
full name and stamp)
APPENDIX VIII
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...
...
COMMISSION
FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./
SAMPLE WRITTEN ACCOUNT
At (time)......on (date)……….
At ……………………………………………………………………………………………………
I (full name)…………………………, title……………………………
...
...
...
Are writing the account given by:
Mr./Mrs.:…………………………………………………………………………………………….;
Also known as:………………………………………………………………………………………
Date of birth:………………..; Place of birth:…………………………………………
Registered permanent residence:…………………………………………………………………
Current residence:…………………………………………………………………………………..
Occupation:…………………………………………………………………………………………..
Workplace:……………………………………………………………………………………………
ID card (or Passport, Citizen Identification Card) number:………….., issue date:…………………, issue place:……………………..
...
...
...
Status of account giver: Accident victim/ Witness/ Person involved.
Mr./ Mrs. …………………………….has been informed of legal rights and obligations and signed his/her name hereunder:
QUESTION AND ANSWER
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Writing this account is completed at (time)........on (date)............
This account is orally read again to the account giver who then is required to give his/her attestation and signature hereunder.
ACCOUNT
GIVER
(sign and
write full name)
...
...
...
_____________
1 Specify the central level or name of the administrative subdivision at the provincial or grassroots level.
APPENDIX IX
SAMPLE REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT OF THE
GRASSROOTS-LEVEL COMMISSION FOR INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
(Establishment’s name)…
No.: ………./
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT (Slight or serious degree)…………
1. Occupational accident-causing establishment:
- Establishment's name:…………………………………………………………………………
- Address: …………………………………………………………………………………
Located within the city/province:………………………………………………………………..
- Phone number, Fax and Email: ………………………………………………………………
- Scope of operation:…………….2………………………………………………………………
- Total number of employees (manufacturing scale): …………………………………………
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...
...
- Name and address of direct higher-level authority (if any):…………………………………
2. Composition of the commission for investigation (Full name, host institution and title of each member):
………………………………………………………………………………………………………..
3. Participants in investigation (Full name, host institution and title of each participant):
……………………………………………………………………………………………………….
4. Background information about accident victims:
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………….
- Birth place: ………………………………………………………………………………………
...
...
...
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Workplace (name of work group/workshop or name and address of establishment):........
- Occupation:……………4………………………………………………………………………….
- Work duration:……………….(year)
- Occupational experience: …………………..(year); Attainment of engineering grade (if any):................................
- Employment type:
Having an employment contract:…………..5……………/ Having none of employment contract.
- Have been trained for labor safety and health: …………………yes/no.
5. Information about an occupational accident:
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...
...
- Occurrence place:……………………………………………………………………………….
- Work commencement time:………………………………………………………………………
- Number of hours of work determined as of occurrence time:………(hours)……(minutes).
6. Accident description:………………………………………………………………………….
7. Causes of accident: (clearly define the occupational accident occurring due to the following causes: employer’s faults; employee’s faults; faults of both employer and employee; causes other than faults of either employer or employee).
8. Conclusion of accident: (clearly define whether that accident occurs in one of the following cases: occupational accident; accidents of which victims are entitled to benefits referred to in Clause 2 Article 39 of the Law on Labor Safety and Health; non-occupational accident).
9. Determination of persons at fault and recommendation of disciplinary actions: .....
10. Suggested actions to preventing similar occupational accidents or those that may recur:
- Workload:……………………………………………………………………………….
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...
...
- Completion time:………………………………………………………………………
11. Injury condition:
- Injured body part:…………………………………………………………………………………
- Injury degree:………………………………………………………………………………………
12. Medical treatment service provider and primary approach: …………………………
13. Loss or expenses incurred due to occupational accident:
- Costs covered by employer (if any):
Total amount: VND…………….., including:
+ Medical cost: VND…………….;
...
...
...
+ Compensation or subsidy amount: VND ……………………;
- Value of loss of or damage to assets/equipment: VND………………
OTHER
MEMBERS OF THE INVESTIGATION COMMISSION
(sign and
write full name)
HEAD
OF THE INVESTIGATION COMMISSION
(Employer or
person given authorization in writing)
(Sign, write full name and stamp(if any))
PARTICIPANTS
IN INVESTIGATION
(sign and
write full name)
_______________
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...
2 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law.
3 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
4 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
5 Clearly specify indefinite term, definite term ranging from 12 months to 36 months, seasonal or specified employment with under-12-month term.
APPENDIX X
SAMPLE INVESTIGATION INTO OCCUPATIONAL ACCIDENT OF THE
PROVINCIAL/CENTRAL-LEVEL COMMISSION FOR INVESTIGATION INTO OCCUPATIONAL
ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Form No.10a - Report on investigation into occupational accidents for contract employees
COMMISSION FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
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...
...
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………., date……
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
…..2….. (provincial/central-level commission for investigation into occupational accident)……….
1. Accident-causing establishment:
- Establishment's name:…………………………………………………………………………………………………
- Address: …………………………………………………………………………………
...
...
...
- Phone number, Fax and Email: ………………………………………………………………….
- Scope of operation:………………3…………………………………………………………….
- Total number of employees (manufacturing scale): ……………………………………………
- Type of establishment:……………4………………………………………………………………
- Name and address of direct higher-level authority (if any):……………………………………
2. Composition of the commission for investigation (Full name, title and host institution of each member):
………………………………………………………………………………………………………..
3. Participants in investigation (Full name, host institution and title of each participant):
………………………………………………………………………………………………………
...
...
...
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………….
- Birth place: ………………………………………………………………………………………
- Registered permanent residence:………………………………………………………………
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Workplace (name of work group/workshop or name and address of establishment):.......
- Occupation:……………5…………………………………………………………………………
- Work duration:……………….(year)
- Occupational experience: …………………..(year); Attainment of engineering grade (if any):.....................................
...
...
...
Having an employment contract:……………………….6………………………/ Having none of employment contract.
- Have been trained for labor safety and health: yes/no.
5. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Work commencement time:
- Number of hours of work determined as of occurrence time:……(hours)………(minutes).
6. Accident description:…………………………………………………………………………
7. Causes of accident: (clearly define the occupational accident occurring due to the following causes: employer’s faults; employee’s faults; faults of both employer and employee; causes other than faults of either employer or employee).
...
...
...
9. Determination of persons at fault and recommendation of disciplinary actions: ...................................
10. Suggested actions to preventing similar occupational accidents or those that may recur: ……………………..
11. Injury condition: Dead or injured (specify the injury position referred to in the classification of injuries).
12. Medical treatment service provider and primary approach:
- Workload:……………………………………………………………………………….
- Persons responsible for implementing these actions:……………………………………………………………………
- Completion time:………………………………………………………………………
13. Loss or expenses incurred due to occupational accident:
- Costs covered by employer (if any): Total amount: VND………., comprising:
...
...
...
+ Salary paid during medical treatment period: VND...................;
+ Compensation or subsidy amount: VND ……………………;
+ Other costs (burial or visit, etc.): VND…………….
- Value of loss of or damage to assets/equipment: VND………………
EMPLOYER
(Sign, write
full name and stamp(if any))
HEAD
OF THE INVESTIGATION COMMISSION
(Sign, write
full name and stamp(if any))
_______________
1 Specify the central level or name of the administrative subdivision at the provincial level.
...
...
...
3 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law;
4 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
5 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
6 Clearly specify indefinite term, definite term ranging from 12 months to 36 months, seasonal or specified employment with under-12-month term.
Form No.10b - Report on investigation into occupational accidents for non-contract employees
COMMISSION
FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: …………/
...
...
...
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
……..2……. (Provincial/central-level commission for investigation into occupational accident)……….
1. Location where the occupational accident took place:
- Name of the administrative subdivision where the occupational accident took place (commune level):…………………………………………………………………………….
- Located within the city/province:…………………………………………………………………
- Phone number, Fax and Email: …………………………………………………………………
2. Composition of the commission for investigation (Full name, title and host institution of each member):
…………………………………………………………………………………………………………
...
...
...
…………………………………………………………………………………………………………
4. Background information about accident victims:
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………………………………
- Birth place: ………………………………………………………………………………………
- Registered permanent residence:………………………………………………………………
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Occupation:……………3…………………………………………………………………………
………………………………………………………………..
...
...
...
5. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Work commencement time:………………………………………………………………………
- Number of hours of work determined as of occurrence time:……(hours)………(minutes).
6. Accident description:…………………………………………………………………………
Causes of accident: (clearly define the occupational accident occurring due to the following causes: employee victim’s faults; faults of other person; faults of both employee victim and other person; other cause).
8. Accident conclusion: (occupational accident or non-occupational accident).
9. Determination of persons at fault and recommendation of disciplinary actions: ......
...
...
...
11. Injury condition: Dead or injured (specify the injury position referred to in the classification of injuries).
12. Medical treatment service provider and primary approach:
- Workload:……………………………………………………………………………….
- Persons responsible for implementing these actions:……………………………………………………………………
- Completion time:………………………………………………………………………
13. Loss or expenses incurred due to occupational accident:
- Total amount: VND…………….., including:
+ Medical cost: VND…………….;
+ Other costs (burial or visit, etc.): VND…………….
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(Sign, write
full name and stamp(if any))
_______________
1 Specify the central level or name of the administrative subdivision at the provincial level.
2 Refer to the classification of injury-causing factors.
3 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XI
...
...
...
Form No. 11a – Minutes of the meeting on public disclosure of report on investigation into occupational accident for contract employees
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------
MINUTES OF THE MEETING ON PUBLIC DISCLOSURE OF REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
At (time)…..(date)……….
At ……………………………………………………………………………………………………
The commission for investigation into occupational accident held the meeting on public disclosure of report on investigation into occupational accident.
I. Participants in the meeting:
...
...
...
2. Accident-causing establishment:…………………………...2……………………………….
3. Direct higher-level authority (if any):………………………………………………………….
4. Establishment (or individual) involved: ………………………3……………………………….
II. Meeting contents
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
The meeting ends at (time)………..on the same date, and the meeting minutes have been orally read again to participants and signed hereunder./.
EMPLOYER
(Sign, write
full name and stamp (if any))
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
MEMBER
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
ESTABLISHMENT
(OR INDIVIDUAL) ATTENDING THE MEETING
(sign and
write full name)
MEETING
MINUTES RECORDER
(sign and
write full name)
____________
1 Specify full name, title and host institution of each participant.
2 Specify full name and title of:
...
...
...
- Representatives of the Trade Union or persons assigned by an employee collective.
3 Specify full name of accident victims, witnesses or persons involved.
Form No. 11b – Minutes of the meeting on public disclosure of report on investigation into occupational accident for non-contract employees
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
MINUTES OF THE MEETING ON PUBLIC DISCLOSURE OF REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
At (time)…..(date)……….
At ……………………………………………………………………………………………………
...
...
...
I. Participants in the meeting:
1. The commission for investigation into occupational accident: ………………………………1………………………………….
2. People’s Committee of the commune where an occupational accident took place:……………………………2……………………………………….
3. Establishment (or individual) involved: ………………………3……………………………….
II. Meeting contents
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
MEMBER
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
ESTABLISHMENT
(OR INDIVIDUAL) INVOLVED ATTENDING THE MEETING
(sign and
write full name)
MEETING
MINUTES RECORDER
(sign and write
full name)
...
...
...
1 Specify full name, title and host institution of each participant.
2 Representative of the People’s Committee of the commune where an occupational accident took place.
3 Specify full name of accident victims, witnesses or persons involved.
APPENDIX XII
SAMPLE GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS AT THE
GRASSROOTS LEVEL (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report-making establishment: (specify the name of the establishment)
Address:
Code of the (rural) urban district1:
...
...
...
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date: ……………..
Type of establishment2 (enterprise):…………… Code of establishment type:
...
...
...
Report recipient: Department of Labour, War Invalids and Social Affairs.
Main activity scope of the establishment: ……..3…….Code of activity:
Total number of employees: ………, out of which female employees are........
Total payroll: VND……….million.
...
...
...
Name of statistical indicators
Code
Classification of occupational accidents by injury levels
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
...
...
...
Number of deaths
Number of severely injured victims
Total
Victims outside of its scope of authority
Total
Victims outside of its scope of authority
Total
Victims outside of its scope of authority
Total
...
...
...
1
2
3
4
5
6
7
8
9
...
...
...
11
12
13
1. Occupational accident
...
...
...
1.1. Classification of occupational accidents by causes4
a. Employer’s faults
Do not provide safety equipment or provide equipment that fail to meet safety standards
...
...
...
...
...
...
Do not have personal safety equipment or provide personal safety equipment that fail to meet quality standards
...
...
...
Organize work in an inappropriate manner
...
...
...
Have yet to provide labor safety and health training or do not fully provide such training
...
...
...
...
...
...
...
...
...
Create unacceptable work environment
...
...
...
b. Employee’s faults
...
...
...
Violate safe work rules, regulations, processes and methods
...
...
...
...
...
...
Do not use personal safety equipment
...
...
...
c. Unavoidable causes/ Unknown causes
...
...
...
1. 2. Classification of occupational accidents by injury-causing factors5
...
...
...
...
...
...
…
...
...
...
1.3. Classification of occupational accidents by occupations6
...
...
...
....
...
...
...
...
...
...
...
...
...
3. Aggregation (3=1+2)
...
...
...
II. Loss or damage incurred due to occupational accidents
Total number of days off due to occupational accidents (including paid leaves)
Expenses expressed in cash (VND 1,000)
Asset loss or damage (VND 1,000)
...
...
...
Specific expenses
Medical expenses
Salary or wage payments made during the medical treatment period
Compensation/ Benefit
1
2
3
4
5
...
...
...
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
_______________
1 Give name and code specified in the classification of administrative subdivisions adopted by the Prime Minister under regulations laid down in the Statistics Law.
2 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
3 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law.
4 Specify 01 main cause of occupational accident.
5 Give name and code specified in the classification of injury-causing factors.
...
...
...
APPENDIX XIII
SAMPLE FAST REPORT ON OCCUPATIONAL ACCIDENTS INVOLVING DEATHS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE’S
COMMITTEE
DEPARTMENT OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
PROVINCE ……………..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
............., date………..
Dear Ministry of
Labour, War Invalids and Social Affairs,
1. Information about an
occupational accident:
- Occupational accident-causing establishment:
- Address:
- Telephone: Fax:
- Higher-level regulatory authority (if any):
2. Information about an
occupational accident:
- Accident occurrence time:
- Accident occurrence place:
3. Brief information
about victims:
- Full name:
- Birth date:
Male/female
4. Brief description of
the occupational accident:
5. Victim's injury or
wound conditions:
Addressee:
- As mentioned above;
- ………….
- For depositing
purposes:……..
...
...
...
APPENDIX XIV
SAMPLE CONSOLIDATION OF REPORTS ON OCCUPATIONAL ACCIDENTS PREPARED BY
EMPLOYERS IN CITIES OR PROVINCES (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report preparer: Department of Labour, War Invalids and Social Affairs of the city/province……..Provincial code:
GENERAL EVALUATION
REPORT ON OCCUPATIONAL ACCIDENTS
REPORT PERIOD (6
months or entire year)…of the YEAR…
Report date: ……………..
Recipient of the
report:
- Ministry of Labour, War Invalids and Social Affairs
- Statistical Office of………….
I. General
information
Establishment type
...
...
...
Establishment
Workforce
Total number of occupational accidents
Occupational accident frequency1
Remark
Total
Number of establishment submitting reports
Total number of employees
Number of employees working for establishment submitting reports
...
...
...
Number of accident victims
KTNLD
Kchet
Total
Number of deaths
Number of severely injured victims
1
2
3
...
...
...
5
6
7
8
9
10
11
12
13
...
...
...
...
...
...
Classified by establishment types
...
...
...
II. Classification of occupational accidents
Name of statistical indicators
Code
Classification by injury levels
...
...
...
Number of occupational accident cases
Number of occupational accident victims
Total number of days off due to occupational accidents
Expenses expressed in cash (VND 1,000)
Asset loss or damage (VND 1,000)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
...
...
...
Number of deaths
Number of severely injured victims
Total
Specific expenses
Medical expense
Salary or wage payments made during the medical treatment period
Compensation/Benefit
1
2
...
...
...
4
5
6
7
8
9
10
11
12
...
...
...
14
15
Total
...
...
...
Classified by sectors2
...
...
...
...
...
...
Classified by causes3
...
...
...
Classified by injury-causing factors4
...
...
...
...
...
...
Classified by occupations5
...
...
...
REPORT
MAKER
(sign and
write full name)
...
...
...
_______________
1 Occupational accident
frequency measured by the formula: 
Where: N refers to number of
occupational accident victims or number of deaths reported during a report
period; P refers to total number of employees working for establishments
submitting reports.
2 Give name and code in
the classification of economic activities adopted by the Prime Minister under
regulations laid down in the Statistics Law.
3 Specify 01 main cause
of occupational accident.
4 Give name and code
specified in the classification of injury-causing factors.
5 Give name and code of
the occupation according to the classification of occupations adopted by the
Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XV
SAMPLE REPORT ON OCCUPATIONAL ACCIDENTS FOR NON-CONTRACT EMPLOYEES IN
CITIES OR PROVINCES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report maker: Department of Labour, War Invalids and Social Affair…..
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date:
……………..
Dear Ministry of Labour, War Invalids and Social Affairs,
Name of statistical indicators
...
...
...
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
Number of female employees
Number of deaths
Number of severely injured victims
...
...
...
2
3
4
5
6
7
8
9
Classified by occupations1
...
...
...
2
...
...
...
3
...
...
...
4
...
...
...
5
...
...
...
……
...
...
...
Total:
...
...
...
REPORT
MAKER
(sign and
write full name)
DIRECTOR
(Sign, write
full name, title and stamp)
___________
1 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
...
...
...
PEOPLE’S COMMITTEE OF THE COMMUNE/WARD…1
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date:
……………..
Dear People’s Committee of the district/district-level town/city2
Name of statistical indicators
Classification of occupational accidents by injury levels
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
...
...
...
Total
Number of female employees
Number of deaths
Number of severely injured victims
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Total
...
...
...
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Classified by occupations3
...
...
...
1
...
...
...
2
...
...
...
...
...
...
...
...
...
...
Total
...
...
...
REPORT
MAKER
(sign and
write full name)
PP.
PEOPLE’S COMMITTEE…
PRESIDENT
(Sign, write
full name, title and stamp)
______________
1 If the People’s Committee of the
rural or urban district submits reports to the Department of Labour, War
Invalids and Social Affair, specify the name of that People’s Committee.
2 If the People’s Committee of the
rural or urban district submits reports to the Department of Labour, War
Invalids and Social Affair, specify the name of that Department.
3 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
4 Specify number of non-contract
employees involved in occupational accidents at the employer’s workplace in
that subdivision.
APPENDIX XVII
SAMPLE CONSOLIDATION OF EVALUATION REPORTS ON OCCUPATIONAL ACCIDENTS
PREPARED BY SECTORAL REGULATORY AGENCIES CONDUCTING INVESTIGATION INTO
OCCUPATIONAL ACCIDENTS (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
...
...
...
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
REPORT PERIOD (6
months or entire year)…of the YEAR…
Report date: ……………..
Report recipient: Ministry of Labour, War Invalids and Social Affairs
I. General information
Establishment type
Code
Establishment
Workforce
Total number of occupational accidents
Occupational accident frequency1
...
...
...
Total
Number of establishment submitting reports
Total number of employees
Number of employees working for establishment submitting reports
Number of female employees
Number of accident victims
KTNLD
Kchet
Total
...
...
...
Number of severely injured victims
1
2
3
4
5
6
7
8
...
...
...
10
11
12
13
Total
...
...
...
Classified by establishment types
...
...
...
...
...
...
II. Classification of occupational accidents
Name of statistical indicators
Code
Classification by injury levels
Loss or damage caused by occupational accidents
Number of occupational accident cases
Number of occupational accident victims
Total number of days off due to occupational accidents
Expenses expressed in cash (VND 1,000)
...
...
...
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
Number of female employees
Number of deaths
Number of severely injured victims
Total
Specific expenses
...
...
...
Salary or wage payments made during the medical treatment period
Compensation/Benefit
1
2
3
4
5
6
7
...
...
...
9
10
11
12
13
14
15
Total
...
...
...
...
...
...
Classified by sectors2
...
...
...
Classified by causes3
...
...
...
...
...
...
Classified by injury-causing factors4
...
...
...
Classified by occupations5
...
...
...
...
...
...
REPORT
MAKER
(sign and
write full name)
HEAD
OF THE ESTABLISHMENT
(Sign, write
full name, title and stamp)
_______________
1 Occupational accident
frequency measured by the formula: 
Where: N refers to number of
occupational accident victims or number of deaths reported during a report
period; P refers to total number of employees working for establishments
submitting reports.
2 Give name and code in
the classification of economic activities adopted by the Prime Minister under
regulations laid down in the Statistics Law.
3 Specify 01 main cause
of occupational accident.
4 Give name and code
specified in the classification of injury-causing factors.
5 Give name and code of
the occupation according to the classification of occupations adopted by the
Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XVIII
SAMPLE REPORT ON CASES OF OCCUPATIONAL ACCIDENTS OF WHICH VICTIMS HAVE
ACCESS TO MEDICAL EXAMINATION AND TREATMENT SERVICES AT HEALTHCARE SERVICE
ESTABLISHMENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
...
...
...
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./BC-...
……….., date …..
REPORT
Cases of
occupational accidents of which victims have access to medical examination and
treatment services at healthcare service establishments
Dear Department of
Health of the city/province…1
No.
Full name
Age
Gender
Date on which occupational accident took place
...
...
...
Injured organ
Are you provided with on-site first aid services
Transport equipment used for transfer to healthcare service establishments
Medical treatment duration
Medical treatment results
Remark
Male
Female
Yes
...
...
...
Recovered
Recovered with sequelae
Deceased
1
2
3
4
5
6
...
...
...
8
9
10
11
12
13
14
15
16
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Addressee:
- As mentioned above;
- ………..
- For archival
purposes, …..
DIRECTOR
(Sign and
seal)
_____________
1 As for hospitals
belonging to the conglomeration of public service entities directly affiliated
to the Ministry of Health, send it directly to the Ministry of Health.
APPENDIX XIX
SAMPLE GENERAL REPORT ON CASES OF OCCUPATIONAL ACCIDENTS OF WHICH
VICTIMS HAVE ACCESS TO MEDICAL EXAMINATION AND TREATMENT SERVICES AT HEALTHCARE
SERVICE ESTABLISHMENTS IN CITIES OR PROVINCES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE'S
COMMITTEE OF THE CITY/PROVINCE....
SỞ Y TẾ
-------
...
...
...
No.: ………./BC-...
………….., date…..
REPORT
Cases of
occupational accidents of which victims have access to medical examination and
treatment services at healthcare service establishments
Dear Ministry of Health
No.
Full name
Age
Gender
Date on which occupational accident took place
Occupation
...
...
...
Are you provided with on-site first aid services
Transport equipment used for transfer to healthcare service establishments
Medical treatment duration
Medical treatment results
Remark
Male
Female
Yes
No
...
...
...
Recovered with sequelae
Deceased
1
2
3
4
5
6
7
...
...
...
9
10
11
12
13
14
15
16
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Addressee:
- As mentioned above;
- …………
- For archival
purposes, …..
DIRECTOR
(Sign and
seal)
APPENDIX XX
SAMPLE NOTIFICATION OF CASES INVOLVING VICTIMS OF OCCUPATIONAL ACCIDENTS
PROVIDED MEDICAL EXAMINATION AND TREATMENT SERVICES BY NATIONWIDE HEALTHCARE
SERVICE ESTABLISHMENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
MINISTRY
OF HEALTH
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……..
...
...
...
REPORT ON CASES INVOLVING VICTIMS OF OCCUPATIONAL ACCIDENTS
PROVIDED MEDICAL EXAMINATION AND TREATMENT SERVICES BY NATIONWIDE HEALTHCARE
SERVICE ESTABLISHMENTS
Report period (6 months or entire year)…of the year…
Dear Ministry of Labour, War Invalids and Social Affairs,
I. Overview of cases involving victims of occupational accidents provided medical examination and treatment services by nationwide healthcare service establishments
Indicator
Number of victims (person)
Remark
1
...
...
...
Statistical data do not include the repeated number of victims provided with medical first aid, emergency and treatment services by multiple healthcare service establishments
2
Number of victims provided with initial medical treatment services within a given year in an occupational accident
3
Total number of occupational accident victims hospitalized
II. Classification of cases of occupational accident victims provided with medical examination and treatment services at nationwide healthcare service establishments by medical first aid, emergency and treatment services
...
...
...
Administrative subdivision
Number of victims provided with on-site medical first aid services
Number of victims cured
Remark
Total
Recovered
Recovered with sequelae
Deceased
1
...
...
...
3
4
5
6
7
8
...
...
...
...
...
...
...
...
...
III. Classification of cases of occupational accident victims provided with medical examination and treatment services at nationwide healthcare service establishments by occupations
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Administrative subdivision
Number of occupational accident victims hospitalized, classified by main occupations
Remark
Occupation: … 1
Occupation: …
Occupation: …
….
1
2
...
...
...
5
….
…
….
...
...
...
REPORT
MAKER
(sign and
write full name)
MINISTRY
OF HEALTH’S HEAD
(Sign, write
full name, title and stamp)
__________
1 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
APPENDIX XXI
SAMPLE NOTICE OF INFORMATION ABOUT GRASSROOTS-LEVEL HEALTH WORKERS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HOST
INSTITUTION
ENTITY NAME
-------
...
...
...
No.:…….. /TB-....
………….., date …..
NOTICE
Regarding information about grassroots-level health workers
Dear Department of Health of……….
Pursuant to the Government’s Decree
No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain
articles of the Law on Labor Safety and Health.
Name of the business
entity: …………………….Representative: Mr. (Mrs.)……………………
Address:
…………………………………………………………………………………
Telephone:………………………….
Fax:…………………..
Provides the following
information about health workers assigned duties related to healthcare and
occupational disease prevention and control activities for this business entity
(name of the business entity):
- Full name:…………………………………………………………………………………………….
- Professional qualification:……………………………………………………………………………
- Telephone contact
number:………………………………………………..…………………..
- Occupational healthcare certificates or
licenses:………………………………………………
Addressee:
- As mentioned above;
- …………
- For archival
purposes, …..
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
...
...
...
APPENDIX XXII
SAMPLE NOTICE OF
INFORMATION ABOUT HEALTHCARE SERVICE ESTABLISHMENTS PROVIDING HEALTH CARE AND
MANAGEMENT SERVICES FOR EMPLOYEES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HOST
INSTITUTION
ENTITY NAME
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./TB-....
…………, date…..…..
NOTICE
Regarding information about healthcare service establishments providing health care and management services for employees
Dear Department of Health.
...
...
...
Addressee:
- As mentioned
above;
- ………….
- For archival purposes, …..
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
1 According to the List of harmful
factors existing in work environment, Section II of this Appendix.
2 According to the List of harmful
factors existing in work environment, Section II of this Appendix.
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|
THE
GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
|
No.: 39/2016/ND-CP |
Hanoi, 15 May 2016 |
DETAILING THE IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON OCCUPATIONAL SAFETY AND SANITATION
Pursuant to the Law on organization of Government dated 19/6/2015;
Pursuant to the Code of Labor dated 18/6/2012;
Pursuant to the Law on occupational safety and sanitation dated 25/6/2015;
At the request of the Minister of Labor, Invalids and Social Affairs;
The Government issues this Decree detailing the implementation of some articles of the Law on occupational safety and sanitation.
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Article 1. Scope of regulation
This Decree details some articles of the Law on occupational safety and sanitation on control of some dangerous and harmful factors at workplace; notification, investigation, statistics and report on occupational accidents and technical incidents causing occupational unsafety and insanitation and technical incidents causing serious occupational unsafety and insanitation; occupational safety and sanitation form some specific labor; occupational safety and sanitation for business and production establishment; state management over occupational safety and sanitation.
Article 2. Subject of application
1. Employees working under labor contract, probationers, apprentices to work for employers.
2. Employees not working under labor contract.
3. Vietnamese employees working abroad under labor contract and foreign employees working in Vietnam.
4. Employers
5. Other bodies, organizations and individuals pertaining to the occupational safety and sanitation.
Persons specified in Paragraphs 1, 2 and 3 of this Article are generally referred to as employees.
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CONTROL OVER DANGEROUS AND HARMFUL FACTORS AT WORKPLACE
Article 3. Principle of control over dangerous and harmful factors at workplace
To control the dangerous and harmful factors at workplace as specified in Article 18 of the Law on occupational safety and sanitation, the employers must ensure the following principles:
1. Regularly monitor and supervise the dangerous and harmful factors at workplace;
2. There must be person or department assigned to take responsibility for control over dangerous and harmful factors at workplace; for business and production establishments, the control over dangerous and harmful factors must be stipulated to each group, team and workshop.
3. Retain dossier for control over dangerous and harmful factors in accordance with the provisions in the Law on occupational safety and sanitation, the Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.
4. Publicize the result of control over dangerous and harmful factors to the employees for information;
5. There must be procedure for control over dangerous and harmful factors at workplace in accordance with the Article 18 of the Law on occupational safety and sanitation and Articles 4, 5, 6 and 7 of this Decree and specialized legal regulations.
Article 4. Contents of control over dangerous and harmful factors at workplace
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2. Determine the objectives and measures to prevent and control dangerous and harmful factors.
3. Implement and assess the effectiveness of measures to prevent and control dangerous and harmful factors.
Article 5. Identification and assessment of dangerous and harmful factors
1. Analyze the relevant labor characteristics and conditions and working procedures and result of inspection at workplace.
2. Survey the employees about the factors which can cause injury, disease impairing their health at their workplace.
3. In case of failure to identify and assess completely and correctly perceptibly, use appropriate machine or equipment to measure or test the dangerous and harmful factors; set up dossier of labor environment sanitation for harmful factors and occupational disease prevention and control under the Form specified in Appendix I issued with this Decree..
1. Based on the identification and assessment of dangerous and harmful factors, the employer shall determine the appropriate objectives and measures to prevent and control the damaging effects of dangerous and harmful factors at workplace in the prioritized order as follows:
a) Eliminate the dangerous and harmful factors right from the phase of workshop design, choice of technology, equipment and raw materials;
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2. Determine the time, location and resources to achieve the objectives and take measures to prevent and control the dangerous and harmful factors.
Article 7. Implement and assess the effectiveness of measures to prevent and control the dangerous and harmful factors
1. The employers shall instruct their employees on the measures to prevent and control the dangerous and harmful factors at their workplace.
2. The employers shall make plan and organize the inspection and assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at least 01 time/year; for the business and production establishments, the inspection and assessment must be done to the level of group, team and workshop.
3. The inspection of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) Condition of occupational safety and sanitation of machine, equipment, workshop, warehouse and workplace;
b) Use and storage of personal protection equipment, equipment of fire prevention and fighting, essential medications and first-aid facilities in place;
c) Use and management of machine, equipment, materials and substances with strict requirements on occupational safety and sanitation;
d) Employees’ knowledge and ability in urgent incident response and handling.
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e) Compliance with recommendations of inspection teams over occupational safety and sanitation and investigation of occupational accident.
4. The assessment of effectiveness of measures to prevent and control the dangerous and harmful factors at workplace comprises of the following contents:
a) The implementation of measures to prevent and control the dangerous and harmful factors at workplace;
b) Result of occupational condition improvement.
1. Plan to handle the technical incidents causing serious occupational unsafety and insanitation is specified in Paragraph 1, Article 19 of the Law on occupational safety and sanitation must have the following contents:
a) Forces involved in on-the-spot handling and duties of each participant; supporting forces from the surrounding business and production establishments.
b) Technical equipment is required according to regulations of specialized law; necessary measurement equipment used in incident handling (such equipment must be tested and calibrated under the current regulation of law on measurement);
c) Mode and order to handle incidents
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3. Promptly inform the local government upon occurrence of technical incidents causing serious occupational unsafety and insanitation as stipulated in Article 26 of this Decree.
Article 9. Classification of occupational accidents
1. Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:
a) Death at the scene of accident;
b) Death on the way to an emergency or during an emergency;
c) Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;
d) The employee is declared dead according to the conclusion of the Court for missing case.
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3. Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in Paragraph 1 and 2 of this Article.
Article 10. Time and content of notification of occupational accident
1. When notified of occupational accident which causes death or injures 02 employees or more, the employer of the facility where the accident occurs must make notification as specified under Point b, Paragraph 1, Article 34 of the Law on occupational safety and sanitation as follows:
a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence; case of fatal accident while informing the police agency of district, town, provincial city, city of centrally-run city (hereafter referred to as district-level Police);
b) The content of notification is under the Form specified in Appendix III issued with this Decree.
2. When notified of occupational accident which causes death or injures 02 employees or more in the fields of radioactivity, exploration and extraction of oil and gas, means of transport of railway, waterway, roadway, airway and the units of the people’s armed forces as specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation, the employer of the facility where the accident occurs must give notice as follows:
a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence and to the Ministry managing such sector or field under authority specified in Paragraph 2, Article 21 of this Decree, unless otherwise specified by the specialized law; in case of fatal accident, notifies the district-level police;
b) The content of notification is under the Form specified in Appendix III issued with this Decree.
3. When the occupational accident occurs to the employee not working under labor contract, the notification specified under Point Article, Paragraph 1, Article 34 of the Law on occupational safety and sanitation is made as follows:
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b) When notified of occupational accident which causes death or seriously injures 02 employees or more, the communal People’s Committee where the accident occurs must notify by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs and district-level police under the Form specified in Appendix IV issued with this Decree.
Article 11. Decision on establishing occupational accident investigation Team
1. Grassroots occupational accident investigation Team
a) When notified of mild or serious occupational accident which causes serious injury to 01 employee under the management of the employer specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation, the employer must immediately establish a grassroots occupational accident investigation Team under the Form specified in Appendix V issued with this Decree.
b) For occupational accidents which occur at the place under the management of the employer, but the victim is the employee under the management of another employer, the employer at the place of accident occurrence must establish a grassroots occupational accident investigation Team while inviting the employer’s representative of the victim to participate in the Team.
2. Provincial occupational accident investigation Team
a) When notified of occupational accident which causes death or seriously injures 02 employees or more under the investigation authority, the Inspectorate of Department of Labor – Invalids and Social Affairs shall appoint its inspector within 02 hours and notify the bodies to appoint their employees to participate in the provincial occupational accident investigation Team.
b) For accidents specified under Point b, Paragraph 3, Article 19 of this Decree, after fully receiving dossier and documents related to the accident, the Inspectorate of Department of Labor – Invalids and Social Affairs shall notify the bodies which appoint their employees to participate in the provincial occupational accident investigation Team to conduct their investigation and make a record to verify the occupational accident.
c) Director of Department of Labor – Invalids and Social Affairs shall decide on establishing the provincial occupational accident investigation Team at the request of the Chief Inspector of Department of Labor - Invalids and Social Affairs under the Form specified in Appendix VI issued with this Decree.
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The establishment of central occupational accident investigation Team is specified in Paragraph 3, Article 35 of the Law on occupational safety and sanitation as follows:
a) The Minister of Labor – Invalids and Social Affairs shall decide to establish a central occupational accident investigation Team, except for occupational accidents specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;
b) The Head of competent authorities according to the specialized law or the Minister of the Ministries specified in Paragraph 1 and 2, Article 21 of this Decree shall establish the central occupational accident investigation Team to investigate the cases of occupational accident which occur in the areas specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;
c) The decision on establishing the central occupational accident investigation Team is made under the Form specified in Appendix VII issued with this Decree.
Article 12. Duties of member of occupational accident investigation Team
1. The Head of occupational accident investigation Team is responsible for:
a) Deciding the immediate investigation, even in case of absence of one of the members of investigation Team;
b) Assigning specific duties to each member of the Team;
c) Discussing the result of investigation of occupational accident; deciding and taking responsibility for his decision on the result of investigation of occupational accident;
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2. The members of occupational accident investigation Team are responsible for:
a) Performing duties assigned by the Head of the Team and participating in the general activities of the investigation Team;
b) Having the right to give and reserve their comments; in case of disagreement with the decision of the Head of the Team, the member can report to the Leader of bodies appointing employees to participate in the investigation Team;
c) Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;
The grassroots occupational accident investigation Team shall perform the investigation by the following procedures:
1. Collects traces, evidence and documents related to occupational accident.
2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with this Decree.
3. Requests the technical inspection or forensic examination (if needed).
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5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with this Decree.
6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree.
7. Participants of meeting to announce the Record of occupational accident investigation:
a) Head of occupational accident investigation Team;
b) Employer and person authorized in writing by the employer;
c) Members of occupational accident investigation Team;
d) Victim or victim’s representative, person who knows the facts or person concerned;
dd) Representative of the grassroots trade union executive committee or the direct superior trade union executive committee in case there is no grassroots trade union executive committee at such units.
8. If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.
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The provincial occupational accident investigation Team performs its investigation by the following procedures:
1. Performs the contents specified in Paragraphs 1, 2, 3 and 4, Article 13 of this Decree.
2. Makes Record of occupational accident investigation under the Form specified in Appendix X issued with this Decree.
3. Holds meeting and prepares the Minutes of meeting to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree at the unit or the communal People’s Committee at the place of accident occurrence.
4. Participants of meeting to announce the Record of occupational accident investigation:
a) Head of occupational accident investigation Team;
b) Member of occupational accident investigation Team;
c) Employer and person authorized in writing by the employer in case the employee having accident works under labor contract; representative of communal People’s Committee at the place of accident occurrence in case the employee having accident does not work under labor contract;
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Representative of the grassroots trade union executive committee or the direct superior trade union executive committee at the place having no grassroots trade union executive committee in case the victim works under labor contract;
e) Invites the representatives of police agency and People's Procuracy which have joined the investigation in the event of fatal occupational accident.
5. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.
6. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the Ministry of Labor – Invalid and Social Affairs, the employers, victim or victim’s relative.
The central occupational accident investigation Team performs its investigation by the following procedures:
1. After the decision on establishing the occupational accident investigation Team, the Head of occupational accident investigation Team must notify immediately the bodies whose employees are members of occupational accident investigation Team.
2. The occupational accident investigation Team shall come to the place of accident occurrence and require the employer and the competent authorities to provide documents and means related to the accident and coordinate with the district or provincial Police to conduct the on-the-spot investigation to make a record of scene examination, injury examination, collection of trace, evidence and documents related to the accident.
3. Performs the contents specified in Paragraph 2, 3 and 4, Article 14 of this Decree.
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5. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the central occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the employer, the victim or the victim’s relative or the Ministry of Labor – Invalid and Social Affairs where the occupational accident is investigated under the provisions of Paragraph 1 and 2 of Article 21 of this Decree.
Article 16. Dossier of occupational accident
1. The employer must prepare the occupational accident. The dossier comprises of the original or copy of the following documents:
a) Record of scene examination (if any);
b) Scene outline;
c) Photos of scene and victim;
d) Record of autopsy or injury examination, except for missing case as declared by the Court;
dd) Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);
e) Record of testimony of the victim, the person who knows the facts or person concerned;
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h) Minutes of meeting to announce the Record of occupational accident investigation;
i) Certificate of injury of the medical facility which has treated the victim’s injury (if any);
k) Certificate of discharge of the medical facility which has treated the victim’s injury (if any);
2. In a case of occupational accident, if there are many persons having occupational accident, each person shall have a separate dossier.
3. Retention of dossiers of occupational accident;
a) The employer shall retain the dossiers of occupational accident in accordance with the provisions in Paragraph 8, Article 18 of this Decree.
b) The body establishing the provincial or central occupational accident investigation Team shall retain the dossiers of occupational accident in accordance with regulations of law on retention.
Article 17. Occupational accident re-investigation upon complaint or denunciation
1. Within 90 days after announcement of Record of occupational accident investigation, if there is any complaint or denunciation in accordance with regulations of law, the occupational accident re-investigation is done as follows:
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b) Where the person making complaint or denunciation does not agree with the answer of the body or organization in charge of settlement specified under Point a of this Paragraph and continues making complaint or denunciation, the body having the authority to investigate in accordance with the provisions in Paragraph 2 and 3, Article 35 of the Law on occupational safety and sanitation shall establish the occupational accident investigation Team to conduct the occupational accident re-investigation while informing in writing the result of re-investigation to the complainant or denouncer or stating the reasons in case of failure to conduct the re-investigation.
c) The establishment where the accident occurs and the grassroots occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the provincial occupational accident investigation Team;
d) The occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the central occupational accident investigation Team;
dd) Conclusion of the central occupational accident investigation Team is occupational accident final conclusion.
2. The previous Record of occupational accident investigation shall be invalidated when the Record of occupational accident re-investigation is announced.
Article 18. Responsibility of employer of facility where the occupational accident occurs
1. Promptly provides first-aid and emergency to the victim.
2. Notifies the occupational accident under the provisions of Article 10 of this Decree.
3. Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:
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b) Only removes the scene and bury the corpse (if any) after finishing the investigation steps in accordance with regulations of this Decree with the written consent of the provincial occupational accident investigation Team or police agency.
4. Immediately provides documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.
5. Creates the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.
6. Establishes the grassroots occupational accident investigation Team to investigate the occupational accidents under the authority specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation and Paragraph 1, Article 11 of this Decree.
7. Provides all relevant information on occupational accident for all employees of his facility.
8. Completes and retain dossier of occupational accident for the employee during the period of time as follows:
a) 15 years for fatal occupational accidents;
b) Until the employee’s retirement for other occupational accidents.
9. Makes payment of expenses for occupational accident investigation including the re-investigation as stipulated under Point a, Paragraph 1, Article 27 of this Decree, except for case of occupational accident re-investigation as required by the social insurance body.
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1. In addition to compliance with the law of the host country, the employers and employees working abroad still have to follow the notification, investigation and report as stipulated in this Article upon occurrence of occupational accident towards the employees in the following cases:
a) The employees going to work abroad under the contract of sending the employee to work abroad with the winning and contracting enterprises or organizations or individuals making investment abroad and sending employees to work abroad according to the Law on Vietnamese employees working abroad under labor contract;
b) The employees going to work abroad under the contract to send employees abroad to work in the form of internship for skill improvement with the enterprises sending employees abroad to work in the form of internship for skill improvement according to the Law on Vietnamese employees working abroad under labor contract;
c) The Vietnamese employees who perform duties abroad as assigned by the employers in accordance with the laws of Vietnam for the following duties: seminar or conference attendance, short-term study, reality study abroad.
2. The notification in cases specified in Paragraph 1 of this Article is specified as follows:
a) When the occupational accident occurs, the victim or the Vietnamese employee working abroad with the victim knowing the facts must notify the employer.
b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after receiving the notification of accident, the employer must notify by the fastest way (directly, phone, fax, telegram, email) the Inspectorate of Labor- Invalids and Social Affairs at the place of employer’s head office; the content of notification is under the Form specified in Appendix III issued with this Decree.
3. The investigation and verification for cases specified in Paragraph 1 of this Article are defined as follows:
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b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after finishing the investigation, the employer must provide dossier and documents related to the occupational accident as stipulated in Paragraph 4 of this Article for the Inspectorate of Labor- Invalids and Social Affairs in Vietnam at the place of employer’s head office for reviewing and making record of verification of occupational accident under the Form specified in Appendix X issued with this Decree.
4. The employer must prepare and retain dossier and documents related to the occupational accident, including:
a) Decision of the facility sending the employee to work abroad;
b) Certified translation copy and copy of record of scene examination of foreign competent authorities;
c) Translation copy of copy of scene outline of the foreign competent authorities; scene photo; victim’s photo;
d) Certified translation copy and copy of record of autopsy or injury examination;
Certified translation copy of record of testimony of the victim, person knowing the facts or person concerned (if any);
e) Certified translation copy and copy of accident certificate of foreign competent authorities.
g) Certified translation copy and copy of injury certificate of foreign medical facility or injury certificate of Vietnam medical facility;
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1. The coordinated investigation of fatal occupational accident is done as follows:
a) When detecting or receiving information on fatal occupational accident, the provincial occupational accident Team shall coordinate with the investigation police agency having the authority for the initial investigation to carry out the following: scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents while informing the People’s Procuracy at the same level to control the scene examination and autopsy;
b) The body which come to the place of occupational accident occurrence in advance shall notify the body coming later (the investigation police agency shall inform the provincial occupational accident investigation Team through the Inspectorate of Labor- Invalids and Social Affairs). After informing, if the provincial occupational accident investigation Team, the investigation police agency still conducts the scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents as prescribed by law and notifies the provincial occupational accident investigation Team of the activities which the investigation police agency has done within the range of coordinated relation specified under Point a of this Paragraph;
c) As required by the investigation police agency and the People’s Procuracy, the provincial occupational accident investigation Team must provide the specialized information and documents on occupational safety and sanitation and information and documents for the purpose of investigation and settlement of occupational accident;
d) After finishing the making of record of scene examination and autopsy, the investigation police agency shall provide the copy of record of scene examination and copy of record of autopsy for the provincial occupational accident investigation Team;
dd) Within 10 working days after finishing the coordinated initial investigation, the provincial occupational accident investigation Team shall send the official letter to the investigation police agency and the People’s Procuracy with coordinate participation, specifying the viewpoint of cause and fault of persons concerned and if such accident is an occupational accident or not;
e) Within 10 working days after receiving the official letter from the provincial occupational accident investigation Team, the investigation police agency shall reply in writing if such accident is an occupational accident or not or not yet defined;
g) Where the investigation police agency defined it as occupational accident, the provincial occupational accident investigation Team shall conduct the investigation and draw conclusion as stipulated in Article 14 of this Decree and inform the result to the investigation police agency and the People’s Procuracy at the same level;
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2. The coordinated occupational accident investigation with criminal sign is done as follows:
a) During the occupational accident investigation under the authority specified in Paragraphs 1, 2 and 3, Article 35 of the Law on occupational safety and sanitation and the Articles 13, 14, 15, 17, 19, 21 and 22 of this Decree, if detecting the circumstances with criminal signs, the occupational accident investigation Team shall send document to recommend the prosecution, enclosed with the original documents, transfer of relevant objects and means (if any) to the investigation police agency for review and prosecution of criminal case as prescribed by law while sending document to the People’s Procuracy at the same level;
b) The investigation police agency must settle the recommendations of prosecution and inform the settlement result as prescribed by law.
3. Responsibility of investigation police agency in case of deciding not to prosecute the criminal case to the occupational accident is as follows:
a) Within 24 hours after issuing the decision on non-prosecution of criminal case to the occupational accident, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level;
b) Within 03 days, after receiving the written consent to no prosecution of the People’s Procuracy, the investigation police agency shall send this decision on non-prosecution of criminal case and hand over the objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.
4. Responsibility of investigation police agency in case of deciding to prosecute the criminal case to the occupational accident is as follows:
a) Within 24 hours after issuing the decision on prosecution of criminal case, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level while sending the copy of this decision to the Department of Labor – Invalids and Social Affairs;
b) Within 02 days after the conclusion of investigation, the investigation police agency shall send the investigation conclusion to the People’s Procuracy at the same level and the Department of Labor – Invalids and Social Affairs;
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5. When handing over the documents, objects and means related to the occupational accident as specified under Point a, Paragraph 2, Point b, Paragraph 3, Point c, Paragraph 4 of this Article, there must be a document of handover. The documents, objects and means handed over comprise of:
a) Decision on non-prosecution of criminal case in case specified under Point b, Paragraph 3 of this Article;
b) Record of scene examination;
c) Scene outline;
d) Photos of scene and victim (if any);
dd) Record of examination of traces on the body; record of autopsy (if any);
e) Record of testimony of the victim (if any), the witness and the persons having interests and obligations related to the occupational accident;
g) Result of judicial expertise (if any);
h) Objects and means related to the occupational accident (if any) subject to be handed over as prescribed by law and the record of seizure.
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7. The Department of Labor – Invalids and Social Affairs, the provincial police agency and the provincial People’s Procuracy shall develop the regulation on coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs.
Article 21. Occupational accident investigation in particular fields
Where the occupational accidents occur in the fields of radioactivity, exploration and oil and gas extraction, the means of transportation of railway, waterway, roadway, airway and units of the people’s armed forces, the occupational accident investigation is done as follows:
1. Accident investigation according to regulations of specialized law.
2. For fatal occupational accidents and occupational accidents which seriously injure two employees or more but the specialized law does not define the occupational accident, the investigation bodies shall conduct the investigation under their authority as follows:
a) The Ministry of Science and Technology shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of radioactivity;
b) The Ministry of Transport shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred on the means of transportation of railway, waterway, roadway, airway; means and equipment of oil and gas exploration and extraction at sea;
c) The Ministry of Industry and Trade shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of oil and gas exploration and extraction; except for case of occurrence on means and equipment of oil and gas exploration and extraction at sea;
d) The Ministry of Defense and the Ministry of Public Security shall set up the occupational accident investigation Team to investigate the occupational accidents occurring in the units of the people’s armed force under their management.
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3. For mild occupational accidents or the ones which seriously injure one employee but the specialized law does not define the occupational accident investigation, the employer shall conduct the occupational accident investigation as stipulated in Paragraph 1, Article 11 and 13 of this Decree.
4. The Record of occupational accident investigation under the Form specified in Appendix IX and X issued with this Decree.
For occupational accidents which injure the employee under the employer’s investigation authority, but after that, the employee died during the treatment or due to the recurrence of injury caused by the occupational accident, the coordinated investigation is stipulated as follows:
1. The grassroots occupational accident investigation Team must hand over all documents related to the occupational accident under investigation to the provincial occupational accident investigation Team;
2. Where the grassroots occupational accident investigation Team has not yet conducted its investigation, the provincial occupational accident investigation Team shall continue its investigation by the procedures for fatal occupational accident specified in Article 14 of this Decree;
3. Where the grassroots occupational accident investigation Team has finished its investigation of occupational accident, the provincial occupational accident investigation Team shall review the dossier of occupational accident which it receives and assess the result of investigation of the grassroots occupational accident investigation Team; in case of necessity, it shall conduct the re-investigation and make a record of investigation for this occupational accident as stipulated in Article 17 of this Decree.
Article 23. Traffic accident investigation related to labor
Where the employee has traffic accident while performing the occupational work or duties or while going from his residence to workplace or vice versa, the occupational accident investigation Team having the authority specified in Paragraphs 1, 2, 3 and 4, Article 35 of the Law on occupational safety and sanitation, Article 11 and 21 of this Decree shall conduct its verification and make record of occupational accident investigation based on one of the following documents:
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2. Written certification of the accident of the communal police agency where the accident occurs.
3. Written certification of accident of local government where the accident occurs.
Article 24. Time and form of occupational accident report
The occupational accident report as stipulated in Article 36 of the Law on occupational safety and sanitation is made as follows:
1. The employer shall send the general report on the reality of occupational accident to the Department of Labor – Invalids and Social Affairs where the employer’s head office is situated; the report must be sent before the 5th of July annually for the first 06 months and before the 10th of January of the subsequent year of the annual report under the Form specified in Appendix XII issued with this Decree. The report is sent by one of the following forms: directly, fax, post, email.
2. The communal People’s Committee shall report the occupational accident and technical incident which causes serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area specified in Paragraph 2, Article 36 of the Law on occupational safety and sanitation to the district People’s Committee under the Form specified in the Appendix XVI issued with this Decree before the 5th of July for the first 06 month report and before the 5th of January of subsequent year for the annual report.
3. The district People’s Committee shall summarize the occupational accidents and technical incidents causing serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area and report to the Department of Labor – Invalids and Social Affairs under the Form specified in Appendix XVI issued with this Decree before the 10th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report.
4. Reporting responsibility of the Department of Labor – Invalids and Social Affairs:
a) Rapidly reports the fatal occupational accidents and serious occupational accidents which injure 02 employees or more to the Ministry of Labor – Invalids and Social Affairs under the Form specified in the Appendix XIII issued with this Decree.
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5. The bodies in charge of occupational accident investigation in the particular fields as stipulated in Paragraph 4, Article 35 of the Law on occupational safety and sanitation and Article 21 of this Decree must report the reality of occupational accident under their investigation authority and send it to the Ministry of Labor – Invalids and Social Affairs before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report under the Form specified in Appendix XVII issued with this Decree.
1. The medical facility shall make statistics of cases of occupational accident which are examined and treated at the facility and sends it to the Department of Health before the 5th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report under the Form specified in Appendix XVIII issued with this Decree.
2. The Department of Health shall make a summary of victims of occupational accident who are examined and treated at the medical facility in the areas under the Form specified in Appendix XIX issued with this Decree and send it to the Ministry of Health before the 15th of July for the first 06 month report and before the 25th of January of subsequent year for the annual report.
3. The Ministry of Health shall send the summary of victims of occupational accident who are examined and treated at the medical facility to the Ministry of Labor – Invalids and Social Affairs before the 31st of July for data of the first 06 month and before the 15th of February of the subsequent year for the annual data under the Form specified in Appendix XX issued with this Decree.
1. Upon occurrence of incident which causes death or serious injury to 02 persons or more but the victims are not the employees under the employer’s management or when the employee is in distress but the casualty is unknown, the employer of the facility where the incident occurs must notify it by the fastest way to the Inspectorate of Department of Labor – Invalids and Social Affairs where the incident occurs and to the district Police if the victim is dead under the Form specified in Appendix III issued with this Decree.
2. In addition to the notification specified in Paragraph 1 of this Article, the technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation must be notified, investigated, counted and reported in accordance with the specialized laws.
3. For the technical incident causing serious occupational unsafety and insanitation but the specialized laws have not yet defined the notification, the following provisions must be observed:
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b) For technical incident causing serious occupational unsafety and insanitation pertaining to the many business and production establishments and localities, the employer and locality where the incident has occurred must notify immediately the district and provincial People’s Committee.
4. After conducting the investigation of technical incident causing serious occupational unsafety and insanitation in accordance with the specialized laws, the competent state authorities shall take responsibility for investigation and send the result, conclusion and investigation record to the provincial Department of Labor – Invalids and Social Affairs where the incident has occurred, the Ministry of Labor – Invalids and Social Affairs and the relevant bodies.
Article 27. Expenses of occupational accident investigation
1. The expenses of occupational accident investigation for the employees working under labor contract are stipulated as follows:
a) The employer is responsible for paying all expenses, including: scene reconstruction, shooting, printing, photo enlargement of scene and victim; technical inspection solicitation and forensic examination (in case of necessity); autopsy, printing of documents related to the occupational accident; vehicles at the place of occupational accident occurrence for the investigation of occupational accident; meeting to announce the record of occupational accident investigation;
b) The body having the authority to investigate the occupational accident and the body appointing its employee to participate in occupational accident investigation shall pay the traveling expenses to the participants under the current laws.
c) The expenses of occupational accident investigation from the employer shall be accounted in the costs of business and production and are the rational expenses to calculate and pay the corporate income tax in accordance with the provisions of the Law on corporate income tax; where the employer is a non-business enterprise, these expenses shall be accounted in the expenses and price of non-business services and are the rational expenses to calculate and pay tax according to regulation; where the employer is an administrative body, these expenses shall be allocated in its regular operational costs of the units and bodies.
2. The rational expenses pertaining to the occupational accident investigation of the employee who does not work under labor contract shall be paid by the communal People’s Committee and the state body having the authority to investigate the occupational accident in the regular operational costs of the units and bodies.
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1. Where the time limit for investigation is over but the investigation police agency cannot identify the person who causes the accident or the criminal case is suspended, the employer and the social insurance body must fully implement the responsibility to the affected person as stipulated in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.
2. Where the investigation police agency issues a decision on prosecuting the accused but the affected employee is not the accused, the employer and the social insurance body still have to fully implement the responsibilities to the affected employee as prescribed in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.
1. Only employ the elderly employees to perform the heavy, dangerous and hazardous trades and jobs which badly affect their health when meeting the following conditions:
a) The elderly employee must have experience with seniority of full 15 years or more in which there is at least 10 consecutive years of practice before the time of signing labor contract with the elderly employee;
b) The elderly employee must have high professional skills and certificate or be recognized as artisan according to the regulations of law; the employer must carry out the examination and testing before signing labor contract;
c) The elderly employees must be physically fit according to health standards issued by the Ministry of Health after the comments of the specialized ministry corresponding to the heavy, hazardous and dangerous trades and jobs and their health must be checked up at least 02 times 01 year;
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dd) There must be 01 employee who is not the elderly employee to work together with the elderly employee when performing work at a workplace;
e) The elderly employee has to submit application for voluntary work to the employer to review before signing labor contract.
2. The employer has a need to employ the elderly employee for heavy, dangerous or hazardous trades and jobs must make a plan and send it to the Ministry having authority to manage the sector with the following basic contents:
a) Title of trades and jobs with the description of characteristics and working conditions of trades and jobs employing elder employees;
b) Recommendations and evaluation of each specific condition for employing elder employees specified in Paragraph 1 of this Article.
3. The line ministry stipulates the title of heavy, hazardous and dangerous trades and jobs which can employ elderly employees and specific conditions in the sectors and areas under its management.
4. The employment of elderly people for heavy, dangerous or hazardous trades and jobs must follow the provisions in Paragraphs 1, 2 and 3 of this Article like the employment of elderly employees for heavy, hazardous and dangerous trades and jobs.
1. In the re-employment contract between the re-employment provider and the re-employment party as stipulated under Point a, Paragraph 1, Article 65 of the Law on occupational safety and sanitation including the following main contents:
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b) Training about occupational safety and sanitation;
c) Occupational personal protection equipment
d) Notification, investigation, statistics and report on occupational accident or occupational disease;
dd) Benefits for the re-employed employee who has occupational accident or occupational disease;
e) Coordinate and inspect the re-employment party to ensure the occupational safety and sanitation for the re-employed employee;
2. The contents of occupational safety and sanitation in the re-employment contract must ensure the following principles:
a) There must not the rights and interests lower than the contents specified in the labor contract which the re-employment provider has signed with the re-employed employee;
b) The contents to ensure the occupational safety and sanitation for the re-employed employee must not be lower than the employee of the re-employment party in the same working conditions.
Article 31. Responsibility of re-employment provider
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1. Must ensure all rights and interests of the re-employed employees under the responsibility of the employer as stipulated in the Law on occupational safety and sanitation. Where the re-employment party does not commit or fully follow its commitment about ensuring the occupational safety and sanitation in the signed re-employment contract, the re-employment provider must take responsibility in ensuring all rights and interests of the re-employed employees.
2. Coordinates with the re-employment party in investigating the occupational accident which injure mildly or seriously 01 re-employed employee under the authority of the grassroots occupational accident investigation Team; carries out the benefits for the employee who has occupational accident or occupational disease as specified in Paragraphs 2, 3, 4, 5, 6, 7, 8, 9 and 10, Article 38 and 39 of the Law on occupational safety and sanitation;
3. Retains dossiers of occupational safety and sanitation related to the re-employed employee; reports the occupational accident or occupational disease in accordance with the provisions in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree;
4. Informs the re-employed employee of the contents to ensure the occupational safety and sanitation in the re-employment contract; appoints employee to regularly monitor, coordinate and inspect the occupational safety and sanitation assurance for the re-employed employee of the re-employment party;
5. Fully follows other commitments about the occupational safety and sanitation under the responsibility of the re-employment provider specified in the re-employment contract.
The responsibility for ensuring the occupational safety and sanitation of the re-employment party is stipulated as follows:
1. Implements the employer’s responsibility and power for the occupational safety and sanitation in accordance with the provisions in Article 17 of the Law on occupational safety and sanitation and the guiding contents in this Decree; do not discriminate on occupational safety and sanitation to the re-employed employee compared with its employees.
2. Follows the regulation on personal protection equipment in work; general checkup and checkup for detection of occupational disease for the re-employed employee as stipulated in Article 21 and 22 of the Law on occupational safety and sanitation.
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4. Provides training on occupational safety and sanitation for the re-employed employee as stipulated in Article 14 of the Law on occupational safety and sanitation. Where the re-employment provider has provided the training for the re-employed employee, the re-employment party shall provide additional training of contents in line with the reality and working conditions at the re-employed employee workplace like the instructions to the re-employment party’s employees.
5. Upon the occurrence of occupational accident or technical incident causing the occupational unsafety and sanitation for the re-employed employee, the re-employment party must:
a) Provides timely first-aid and emergency for the victim:
b) Notifies the accident as stipulated in Article 34 of the Law on occupational safety and sanitation and Paragraph 1, Article 10 of this Decree.
c) Establishes the grassroots occupational accident investigation Team for the accidents under the authority as stipulated in Paragraph 1, Article 11 of this Decree; coordinates with the re-employment provider for occupational accident investigation; implements the benefits for the affected employee in line with the commitments in the re-employment contract.
6. When detecting the re-employed employee has occupational disease, the re-employment party must notify immediately the re-employment provider to implement the benefits for such re-employed employee in line with the commitments in the re-employment contract.
7. Summarizes the reality of occupational accident and occupational disease of the re-employed employees and sends it to the re-employment provider to make periodical report as stipulated in Article 36 and 37 of the Law on occupational safety and sanitation and Article 24 of this Decree.
8. Retains, copies and sends dossiers of occupational safety and sanitation related to the re-employed employee to the re-employment enterprise;
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1. Promptly provide first-aid and emergency for affected pupils and students.
2. Pays medical fees from first-aid and emergency to stable treatment for the affected pupils and students as follows:
a) Pays in advance and pays the co-payments and the expenses not included in the list paid by the health insurance for pupils and students who participate in health insurance;
b) Pays all medical expenses for pupils and students who do not participate in health insurance;
3. Introduces the affected pupils and students for medical examination to determine the body injury at the medical examination Council and pays the fees of consultation and examination of body injury.
4. Provides one-time assistance in cash for the affected pupils and students as follows:
a) At least equal to 0.6 time of base salary in case of reduction between 5% and 10% of working capacity; then increase by 1% in working capacity reduction, the pupils and students shall receive additional 0.16 time of base salary in case of working capacity reduction from 11% to 80%;
b) At least equal to 12 times of base salary for pupils and students with working capacity reduction by 8% or more or for their relatives of pupils and students who died from occupational accident;
c) Implements the assistance to the affected pupils and students within 05 days after the conclusion of the medical examination Council on the working capacity reduction or from the date of death certificate in case of death due to accident.
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6. In case the pupils and students are the employees who are sent to study by the employer, the educational establishments and vocational establishments must:
a) Implement the responsibility for the pupils and students as stipulated in Paragraph 1 of this Article;
b) Coordinate with the employer to notify, investigate and report the occupational accident in accordance with the provisions in the Law on occupational safety and sanitation and this Decree.
Article 34. Occupational safety and sanitation for employees working in the field of arts and sports
1. The occupational safety and sanitation assurance, development and compliance with policies and benefits of occupational accident or occupational disease for the employee working in the field of arts and sports must be in line with the occupational characteristics according to the following basic factors:
a) Age, seniority, process of trade learning and apprenticeship;
b) Time and location of practice, training, competition, performance;
c) Salary, remuneration, social insurance;
d) Other objective conditions such as weather and audiences.
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OCCUPATIONAL SAFETY AND SANITATION FOR BUSINESS AND PRODUCTION ESTABLISHMENTS
The responsibility of management of economic zones, industrial parks, export processing zones, high-tech zones for occupational safety and sanitation as specified in Paragraph 2, Article 71 of the Law on occupational safety and sanitation is as follows:
1. Propagate, disseminate and urge the business and production establishments under their management to comply with the regulations of law on occupational safety and sanitation.
2. Inspect the implementation of occupational safety and sanitation towards the business and production establishments under their management, unless otherwise specified by the specialized law;
3. Coordinate with occupational safety and sanitation inspection Teams and occupational accident investigation Teams as required;
4. Summarize and report the occupational safety and sanitation and reality of occupational accident and occupational disease of the business and production establishments under their management to the Department of Labor - Invalids and Social Affairs as authorized in accordance with regulations of law;
Article 36. Organization of occupational safety and sanitation division
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1. For the business and production establishments operating the fields and business lines of mining, coke production, making of refined petroleum products, chemical production, production of metal and metal products, production of non-metallic mineral products, construction works performance, ship building and repairment, power production and transmission, the employer must organize the occupational safety and sanitation division to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 50 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;
b) The business and production establishments which employ between 50 and fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;
c) The business and production establishments which employ between 300 and less than 1000 persons must have at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
d) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 03 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must set up the occupational safety and sanitation division at the establishment to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of part-time;
b) The business and production establishments which employ between 300 and 1000 persons must have at least 01 person to carry out the activities of occupational safety and sanitation in the form of full-time;
c) The business and production establishments which employ over 1000 persons must form the occupational safety and sanitation department or must be arranged at least 02 persons to carry out the activities of occupational safety and sanitation in the form of full-time;
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a) Have university level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.
b) Have college level of engineering specialties; have at least 03 years of experience working in the field of business and production of the establishment.
c) Have intermediate level of engineering specialties or directly perform technical work; have at least 05 years of experience working in the field of business and production of the establishment.
4. The persons performing the activities of occupational safety and sanitation in the form of part-time specified in Paragraph 1 and 2 of this Article must meet one of the following conditions:
a) Have university level of engineering specialties;
b) Have college level of engineering specialties; have at least 01 year of experience working in the field of business and production of the establishment.
c) Have intermediate level of engineering specialties or directly perform technical work; have 03 years of experience working in the field of business and production of the establishment.
Article 37. Organization of medical division
The organization of medical division specified in Paragraph 1, Article 73 of the Law on occupational safety and sanitation is provided for as follows:
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a) The business and production establishments which employ fewer than 300 persons must have at least 01 person to carry out the medical activities with intermediate educational level;
b) The business and production establishments which employ between 300 and 500 persons must have at least 01 doctor/physician and 01 person to carry out the medical activities with intermediate educational level;
c) The business and production establishments which employ between 500 and under 1000 persons must have at least 01 doctor and each shift must have 01 person to carry out the medical activities with intermediate educational level;
d) The business and production establishments which employ 1000 persons or more must establish the medical facility in the form and structure in accordance with regulations of law on health examination and treatment.
2. For the business and production establishments operating the fields and business lines different from the ones specified in Paragraph 1 of this Article, the employer must organize the medical division at the establishment to ensure the minimum requirements as follows:
a) The business and production establishments which employ fewer than 500 persons must have at least 01 person to carry out the medical activities with intermediate educational level;
b) The business and production establishments which employ between 500 and 1000 persons must have at least 01 physician and 01 person to carry out the medical activities with intermediate educational level;
c) The business and production establishments which employ over 1000 persons must have at least 01 doctor and 01 person to carry out other medical activities.
3. The persons performing the medical activities at the establishments specified in Paragraph 1 and 2 of this Article must meet all following conditions:
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b) Have occupational health certificate.
4. The employer must notify the information of the grassroots health workers under the Form XXI issued with this Decree with the provincial Department of Health where the head office of the establishment is situated.
5. Where the establishment does not arrange the health workers or does not set up its medical division as stipulated in Paragraphs 1, 2 and 3 of this Article, the business and production establishment shall:
a) Sign contract with the qualified medical facility in accordance with the following regulations: providing a sufficient number of health workers prescribed in Paragraphs 1, 2 and 3 of this Article; promptly be present at the business and production establishment upon the occurrence of emergency within 30 minutes for the plain, towns, cities and 60 minutes for mountainous areas and remote areas;
b) Notify the information of the medical facility under the Form in the Appendix XXII issued with this Decree to the provincial Department of Health where the head office of the establishment is situated.
Article 38. Organization of grassroots occupational safety and sanitation Council
The organization of grassroots occupational safety and sanitation Council specified in Paragraph 1, Article 75 of the Law on occupational safety and sanitation is provided as follows:
1. The employer must set up the grassroots occupational safety and sanitation Council in the following cases:
a) The business and production establishments which belong to the areas and business lines specified in Paragraph 1, Article 36 of this Decree and employ 300 persons or more;
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c) State economic groups and corporations.
2. The business and production establishments which are different from those specified in Paragraph 1 of this Article should set up the occupational safety and sanitation Council in case of necessity and eligibility for operation.
STATE MANAGEMENT OVER OCCUPATIONAL SAFETY AND SANITATION
Assigning the development and issuance of national regulations on occupational safety and sanitation of the Ministries as specified in Paragraph 3, Article 87 of the Law on occupational safety and sanitation as follows:
1. Ministry of Health
a) Occupational safety and sanitation for the occupational sanitary factors in working environment, except for radioactive and radiative factors specified under Point a, Paragraph 6 of this Article.
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2. Ministry of Agriculture and Rural Development
a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for: agricultural products, forestry products, aquatic products, salt, livestock, poultry and livestock; agricultural, forestry and aquatic materials, fertilizer; products in farming, harvesting, processing, storage and transportation of agricultural products, forestry products, aquatic products, salt, additive and chemical used in agriculture, forestry and fisheries; plant and animal protection products, irrigation works and dykes.
b) Occupational safety for equipment, machine and materials with strict requirements on occupational safety in the group of machine, equipment and materials of agriculture, forestry, salt production and fisheries.
3. Ministry of Transport
a) Occupational safety and sanitation (except for machine, equipment and materials with strict requirements on occupational safety) for means of transportation, means and equipment of loading and unloading, specialized performance in transportation (except for means used for national defense, security and fishing boat); technical equipment of transportation; means and equipment for exploration and exploitation at sea;
b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: means of transportation must be registered in accordance with regulations of law in the field of transportation; means and equipment of loading and unloading and specialized performance in transportation; means and equipment for exploration and exploitation at sea;
4. Ministry of Industry and Trade
a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for mechanical industry, metallurgy; production, transmission and distribution of electricity, new energy and renewable energy; coal mining; mining, processing, transportation, distribution and storage of oil and gas and petroleum products, except for means and equipment for exploration and exploitation at sea;
b) Occupational safety for machine and equipment with strict requirements on occupational safety in the group of machine and equipment: industrial explosive materials, pressure equipment, industrial lifting equipment; equipment used for mining, oil and gas extraction, excluding equipment and means for exploration and exploitation at sea.
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5. Ministry of Construction
a) Occupational safety and sanitation in developing technical measures and organization of works construction.
b) Occupational safety for machine and equipment with strict requirements on occupational safety used in construction.
6. Ministry of Science and Technology
a) Occupational safety and sanitation for nuclear reactors, nuclear materials, nuclear source materials, radioactive substances and radiative equipment.
b) Assessment of draft of national technical regulations on occupational safety and sanitation as stipulated in the Law on technical regulations and standards.
7. Ministry of Information and Communications
a) Occupational safety and sanitation (except for machine and equipment with strict requirements on occupational safety) for telecommunication works; telecommunication networks, electronics and information technology.
b) Occupational safety and sanitation for machine and equipment with strict in the requirements on occupational safety in the group of telecommunication machine and equipment; radio transmitters and transceivers.
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8. Ministry of Defense
a) Occupational safety and sanitation for military means and equipment, weapons and ammunition, products for national defense and national defense works not subject to state secrets.
b) Occupational safety for machine, equipment and materials with strict requirements on occupational safety specially used for the purpose of national defense and military characteristics.
9. Ministry of Public Security
a) Occupational safety and sanitation for technical equipment, weapons and ammunition, military equipment, explosive materials and other products used for people police forces not subject to state secrets unless otherwise specified under Point a, Paragraph 8 of this Article.
b) Occupational safety for machine and equipment used for fire prevention and fighting with strict requirements on occupational safety.
10. Ministry of Labor - Invalids and Social Affairs
a) Occupational safety and sanitation for personal protection equipment for the employees; technical equipment in vocational establishment; products, goods, services, process and environment not specified under Point a of Paragraph 1, Point a of Paragraph 2, Point a of Paragraph 3, Point a of Paragraph 4, Point a of Paragraph 5, Point a of Paragraph 6, Point a of Paragraph 7, Point a of Paragraph 8, Point a of Paragraph 9 of this Article, except for products, goods, services, process and environment not assigned by the Prime Minister under the provisions of Point Article of this Paragraph;
b) Occupational safety for machine, equipment and materials with strict requirement on occupational safety, except for machine and equipment specified under Point b of Paragraph 1, Point b of Paragraph 2, Point b of Paragraph 3, Point b of Paragraph 4, Point b of Paragraph 5, Point b of Paragraph 6, Point b of Paragraph 7, Point b of Paragraph 9 of this Article excluding machine, equipment and materials with strict requirements on occupational safety not assigned by the Prime Minister according to the provisions under Point d of this Paragraph;
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d) Coordinates with the ministries and ministerial agencies to request the Prime Minister to assign the tasks of development and issuance of national technical regulations on occupational safety and sanitation for new products, goods, services, process and environment or related to the range of management of ministries and ministerial agencies arising during operation and management.
11. During the development of draft of national technical regulations on occupational safety and sanitation, the ministries and ministerial agencies must gather the opinions publicly and widely from relevant organizations and individuals and opinions from the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health before sending it the Ministry of Science and Technology for assessment;
12. The development of national technical regulations on occupational safety and sanitation must ensure the consistency and uniformity in the entire system.
13. The information providing bodies and inquiry points concerning the technical barriers in trade of the Ministries are responsible for giving information on legal normative documents related to the quality measurement standards in the field of occupational safety and sanitation to the Ministry of Science and Technology to ensure the implementation of transparency in WTO and other free trade Agreements in which Vietnam is a member.
Article 40. Development of national standards on occupational safety and sanitation
1. The ministries and heads of ministerial agencies are responsible for developing the draft of national standards on occupational safety and sanitation within the sectors and areas assigned for management.
2. The organizations and individuals have the right to make suggestions or give comments about the plan for development of national standards on occupational safety and sanitation; give comments about the draft of standards of national standards on occupational safety and sanitation; develop or participate in development of draft of standards of national standards on occupational safety and sanitation to request the Ministry of Science and Technology to conduct the assessment and announcement.
Article 41. National council for occupational safety and sanitation
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1. The Prime Minister shall decide on the establishment of national Council for occupational safety and sanitation based on the recommendations of the Minister of Labor - Invalids and Social Affairs.
2. The national Council for occupational safety and sanitation is the organization which shall give advice to the Government about new development, amendment or addition of policies and laws on occupational safety and sanitation.
3. The national Council for occupational safety and sanitation comprises of the following members:
a) Council Chairman is the Minister of Labor - Invalids and Social Affairs;
b) Council Vice Chairmen: Deputy Minister of Labor - Invalids and Social Affairs; Deputy Minister of Health and Vice Chairman of Vietnam General Confederation of Labor;
c) Council Members: Leadership representatives of the Ministries of Science and Technology, Public Security, Defense, Interior, Industry and Trade, Construction, Transport, Agriculture and Rural Development, Vietnam Cooperative Alliance, Vietnam Farmer’s Association, Chamber of Commerce and Industry of Vietnam and a number of agencies, organizations, experts and scientists under the decision of the Prime Minister.
4. The national Council for occupational safety and sanitation operates in accordance with the following provisions:
a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in new development, amendment and addition of policies and laws on occupational safety and sanitation operates in accordance with the following provisions:
b) The Council Chairman shall provide for the working regulation of the Council and its standing unit and secretary division.
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d) The funding for operation of the national Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the central budget, aggregated and allocated in the annual budget estimate of the Ministry of Labor - Invalids and Social Affairs.
Article 42. Provincial Council for occupational safety and sanitation
The establishment, functions, duties, organization and operation of the provincial Council for occupational safety and sanitation are provided for in Article 88 of the Law on occupational safety and sanitation as follows:
1. The Chairman of provincial People’s Committee shall decide on the establishment of provincial Council for occupational safety and sanitation based on the recommendations of Director of Department of Labor - Invalids and Social Affairs.
2. The provincial Council for occupational safety and sanitation is the organization which shall give advice to the provincial People’s Committee about implementation of policies and laws on occupational safety and sanitation with the following main contents:
a) Measures to direct and run the implementation of guidelines and policies of the Party and laws of State on occupational safety and sanitation at localities;
b) Development of occupational safety and sanitation Program within localities and insertion in the social-economic development plan;
c) Polices on supporting the employees who do not work under labor contract at localities.
3. The provincial Council for occupational safety and sanitation comprises of the following members:
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b) Council Vice Chairmen are the Director or Deputy Director of Department of Labor - Invalids and Social Affairs, leadership representative of Department of Health and leadership representative of provincial Federation of Labor;
c) Council Members are the leadership representatives of Departments: Industry and Trade, Construction, Agriculture and Rural Development, Transport, Science and Technology; leadership of provincial Social Insurance body, Vietnam Cooperative Alliance, Provincial Farmer’s Association and representatives of businesses, agencies, organizations, experts and other scientists by decision of the Chairman of provincial People’s Committee.
4. Operation of the Council includes the following basic contents:
a) Annually, the Council shall organize dialogues to share information and strengthen the understanding between employers and employees, trade union, representative organization of employers and state agencies in implementation of policies and laws on occupational safety and sanitation at localities;
b) The Chairman of provincial Council for occupational safety and sanitation provides for the working regulation of the Council, the assisting body and secretary division of the Council.
c) The Chairman of Council can invite experts, scientists or researchers for consultation or participation in the Council’s meetings;
d) The funding for operation of the provincial Council for occupational safety and sanitation (excluding salary and other allowances of the Council’s members) shall be supported by the local budget as decentralized by the law of state budget.
Section 3. COORDINATED INSPECTION AND EXAMINATION OF OCCUPATIONAL SAFETY AND SANITATION
Article 43. Coordinated inspection and examination of occupational safety and sanitation
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2. The state management agency over the areas of radioactivity, exploration and extraction of oil and gas, means of transportation of railway, waterway, roadway, airway and units of armed forces shall announce the plan for inspection and examination of occupational safety and sanitation in these fields to the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs of localities where the inspection is held for coordinated implementation.
3. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall carry out the irregular inspection of occupational safety and sanitation in the areas specified in Paragraph 2 of this Article in the following cases:
a) Under the direction of the Prime Minister;
b) Upon detection of risks of occupational unsafety and insanitation causing serious accident or effect on the employee’s health;
c) At the request of the line ministries.
4. The ministries and ministerial agencies carrying out the inspection of occupational safety and sanitation within their duties and powers of state management shall invite the representative of the Ministry of Labor - Invalids and Social Affairs to participate and send the result of inspection and recommendations to the Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs.
5. The Inspectorate of occupational safety and sanitation of the Ministry of Labor - Invalids and Social Affairs shall handle and settle the result of inspection and recommendations of occupational safety and sanitation of the ministries and ministerial agencies under its authority and announce the result to the agency sending the recommendations.
6. The provincial People’s Committee shall provide for the coordination between the Departments and Sectors of localities in inspection or examination of occupational safety and sanitation at localities.
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1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies of the Government, provincial People’s Committee and the relevant agencies to develop the national Program of occupational safety and sanitation by each phase of 05 years and submit it to the Prime Minister for approval.
2. The development of national Program of occupational safety and sanitation must have the consultation from the Vietnam General Confederation of Labor.
1. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries, ministerial agencies, provincial People’s Committees, political organizations, social – political organizations, occupational – social organizations and relevant agencies to annually develop, update and announce the national Dossier of occupational safety and sanitation for every 05 years/01 time. The national Dossier of occupational safety and sanitation is annually updated and at least comprises of the following information:
a) Guidelines and policies of the Party and State in occupational safety and sanitation;
b) System of legal normative documents on occupational safety and sanitation;
c) Organization of apparatus performing the state management over the occupational safety and sanitation; system of bodies which study and provide the training about the occupational safety and sanitation;
d) Coordinated mechanism of state management bodies, trade union organization, employer’s representative organization and relevant organizations;
dd) Programs and events of occupational safety and sanitation at national and provincial level;
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g) Services in the field of occupational safety and sanitation;
h) Data of occupational accident and occupational disease and technical incident causing the occupational unsafety and insanitation;
2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the ministries and ministerial agencies, governmental agencies and provincial People’s Committee to organize the activities of information and propagation on occupational safety and sanitation.
Section 5. TECHNICAL AND SCIENTIFIC STUDY AND APPLICATION IN OCCUPATIONAL SAFETY AND SANITATION
Article 46. Technical and scientific study and application in occupational safety and sanitation
1. The Ministry of Science and Technology uniformly manages the technical and scientific study and application in occupational safety and sanitation.
2. The Ministry of Labor - Invalids and Social Affairs shall coordinate with the Ministry of Science and Technology and the relevant agencies to study and recommend the building of laboratory and testing of national standards in service of occupational safety and sanitation.
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1. This Decree takes effect from 01/07/2016.
2. The provisions in Articles 9, 10, 11, 12, 13 and 14 of Decree No. 45/2013/ND-CP dated 10/5/2013 of the Government detailing some Articles of the Labor Code on working time, break time and occupational safety and sanitation, Point a, b and c, Paragraph, Article 34 of Decree No. 59/2015/ND-CP dated 18/6/2015 of the Government on management of construction investment project shall be invalidated from the effective date of this Decree.
Article 48. Responsibility for implementation
1. The Minister of Labor - Invalids and Social Affairs provides the instructions on implementation of this Decree.
2. The Ministers and Heads of ministerial agencies provide the instructions on implementation of Article and Paragraphs assigned in this Decree and measures to implement the state management over the occupational safety and sanitation within their duties and powers.
3. The Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chairmen of People’s Committees of provinces and centrally-run cities are liable to execute this Decree./.
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APPENDIX I
SAMPLE DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEALTH FOR HARMFUL
FACTORS AND OCCUPATIONAL DISEASE PREVENTION AND CONTROL
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Section I. Sample document on environmental and occupational health for harmful factors and occupational disease prevention and control
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEATLH
Workplace name: ____________________________________________________
Production industry: ____________________________________________________
Host institution: ____________________________________________________
Address: ____________________________________________________
Phone number: ______________________________ Fax number: ___________________
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Date of formulation of the document on environmental and occupational health: _________
Year:________
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Part I
GENERAL OVERVIEW
1. Workplace name: ____________________________________________________
- Institution in charge: __________________________________________________
- Address: ____________________________________________________
- Products in the manufacturing, trading (main products) and service industry: _________
_____________________________________________________________________
- Year of incorporation:___________________________________________________
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- Number of direct employees: _____________________________________________
- Number of employees in contact with harmful or hazardous factors: _________________
- Number of workers engaged in extremely arduous, harmful or hazardous occupations or work, and in arduous, harmful or hazardous occupations or work: _____________________________
2. Scale (Production output):
_____________________________________________________________________
_____________________________________________________________________
3. Brief description of technology or service process:
_____________________________________________________________________
_____________________________________________________________________
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+ Raw materials:_________________________________________________________
+ Fuels: _______________________________________________________________
+ Energy:_______________________________________________________________
- Volume and types of industrial/production/healthcare/other (liquid, solid, gaseous, dusty, microbiological) wastes within 24 hours:
_____________________________________________________________________
_____________________________________________________________________
- Facilities and equipment used for treating industrial/production/healthcare/other wastes:
_____________________________________________________________________
_____________________________________________________________________
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- Harmful factors that may be produced during workplace operations (sources of pollution and affected areas)1
_____________________________________________________________________
_____________________________________________________________________
- Currently available measures to treat harmful factors existing in work environment:
_____________________________________________________________________
_____________________________________________________________________
5. Ambient environment sanitation:
- Shortest distance from sources of waste discharge to residential areas: ___________
- Shortest distance from sources of waste discharge to the centralized drinking water source (water supply stations, borewells, dug wells, lakes or ponds): ___________________
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- Wastewater treatment system at workplace:
+ Wastewater is treated in accordance with applicable laws: ___________________
+ Wastewater is not treated in accordance with applicable laws: ___________________
- Percent of land area under cultivation of plants within the precincts of the workplace: ____
6. Welfare facilities for employees:
+ Sanitation facilities (Average number of employees/1 pit/1 shift): ___________________
+ Bathroom (Average number of employees/1 tap/1 shift):___________________________
+ Mid-shift rest house: No [ ] Yes [ ] Number of spaces: ________________
+ Eating facility: No [ ] Yes [ ] Number of seats: ___________________
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7. Healthcare service providers:
- Healthcare division: Yes [ ] No [ ] Contract: ___________________
- + Medical bed: Yes [ ] No [ ] Number of beds: ……….
- Total number of health officers: ...., including: Doctor:.......... Pharmacist: .......
Nurse: …. Other: …..
- Office of a healthcare organization at workplace (Describe and give address if it is a party to a healthcare service agreement):
_____________________________________________________________________
_____________________________________________________________________
- Amount of drugs, equipment and instruments used for on-site first aid and medical emergency services:
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_____________________________________________________________________
- On-site medical emergency plans:
_____________________________________________________________________
_____________________________________________________________________
Part II
OCCUPATIONAL SANITATION FOR PRODUCTION WORKSHOPS OR WORK SITES
(Each production workshop, work site or department filling in 1 page)
1. Name of production workshop, work site or department: _________________________
2. Scale and duties: ___________________________________________________
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3. Alteration, improvement or expansion: _______________________________________
_______________________________________________________________________
4. Work environment and number of employees in contact with harmful or hazardous factors at workplace:
Harmful factors to be monitored (Employer must fill in this field according to the appendix ...)2
Number of employees exposed to harmful factors
Including number of female employees
Remark
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INVENTORY LIST OF EQUIPMENT FOR OCCUPATIONAL HEALTH ASSURANCE
(Each production workshop, work site or department filling in 1 page as equivalent to part II)
Year
Method
Environmental and occupational health equipment and type (specify quantity)
Operating condition (in use or out of order)
Ventilation
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Lighting
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Noise or vibration resistance
Dust resistance
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Poisonous gas resistance
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Resistance to microbiological agents
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Others
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Part IV
GENERAL LIST OF HARMFUL FACTORS AT WORKPLACE TO BE MONITORED
No.
Harmful factors to be monitored
Number of positions to be monitored
Sample quantity
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DOCUMENT ON ENVIRONMENTAL AND OCCUPATIONAL HEATLH
Part I. General overview
1. Workplace name.
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3. Brief description of technology or service process.
4. Harmful factors existing in work environment and remedial actions.
5. Ambient environment sanitation.
6. Welfare facilities for employees.
7. Healthcare service providers:
Part II: Occupational sanitation for production workshops or work sites
Part III: Inventory list of equipment for occupational health assurance
Part IV: General list of harmful factors at workplace to be monitored
Remark:
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- Occupational health document is considered as the basis for employer’s formulation of the plan for work environment monitoring, work condition improvement and prevention of occupational accidents or diseases.
- Work environment monitoring results shall be updated and additionally included in the occupational health document.
Section II. List of harmful factors existing in work environment
HARMFUL FACTORS EXISTING IN WORK ENVIRONMENT
1. Harmful microclimate agents:
- Temperature:
- Humidity:
- Wind flow velocity:
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2. Physical agents:
- Light:
- Noise classified by the frequency bandwidths:
- Noise classified by the frequency bandwidths:
- Vertical or horizontal vibration velocity:
- Radioactive agents:
- Electromagnetic fields at the industrial frequency:
- High-frequency electromagnetic fields:
- Ultraviolet radiation:
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3. Dust of different types:
- Total dust:
- Respirable dust:
- Normal dust:
- Silica dust: analyzing concentration of free silica:
- Asbestos dust:
- Metal dust (lead, manganese, cadmium, etc. which should be clarified):
- Coal dust:
- Talc dust:
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- Dust of other kinds (give details):
4. Poisonous gases (Describe in detail agents to which limits on exposure conform to occupational health regulations), including:
- Mercury:
- Arsenic:
- Carbon monoxide:
- Benzene and compounds (Toluene, Xylene):
- Trinitrotoluene (TNT):
- Nicotine:
- Pesticide chemicals:
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5. Psychological, physiological and ergonomic agents
- Neuropsychological burden assessment:
- Ergonomic assessment:
6. Assessment of occupational contact factors
- Microbiological agents:
- Allergy or sensitivity-inducing agents:
- Solvents:
APPENDIX II
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CODE
INJURY NAME
01
Head, face, neck
011.
Open or closed head injuries;
012.
Cerebral contusion;
013.
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...
014.
Skull fracture;
015.
Scalp laceration;
016.
Iris trauma;
017.
Turbinate bone fracture and bruise;
018.
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019.
Injury to facial soft tissue on a vast area;
0110.
Penetrating injury to the neck, harmful effects on larynx and esophagus.
02
Chest and abdomen
021.
Rib injury causing damage to internal organs;
022.
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023.
Rib contusion or highly compressed rib;
024.
Rib fracture;
025.
Injury to abdominal soft tissue on a vast area;
026.
Abdominal injury and contusion causing damage to internal organs;
027.
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028.
Collision or contusion injury to spine causing effects on spinal mobility;
029.
Vertebral fracture or displacement;
0210.
Hip fracture;
0211.
Hip injury causing effects on mobility of lower body and pelvic limbs;
0212.
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03
Pectoral limbs
031.
Bone, nerve and blood vessel injury causing effects on mobility of pectoral limbs;
032.
Injury to soft tissue of pectoral limbs on a vast area;
033.
Injury to shoulders, arms, palms or wrists causing effects on tendons;
034.
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035.
Joint dislocation or deformation.
04
Pelvic limbs
041.
Injury to pelvic limbs causing damage to blood vessels, nerves or bones which affects mobility of pelvic limbs;
042.
Injury to pelvic limbs on a vast area;
043.
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05
Burn injury
051.
Third-degree burn;
052.
Second or third-degree thermal burn covering a vast area of body;
053.
Serious second or third-degree chemical burn;
054.
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055.
Third-degree cold burn;
056.
Second or third-degree cold burn covering a vast area of body.
06
Severe poisoning by the following agents
061.
Carbon monoxide poisoning with symptoms such as collapse, unconsciousness, nutritional disorder of skin, lung tissue swelling, confusion, weakness, tiredness, memory deficit and significant changes in the circulatory system organs;
062.
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063.
Hydrogen sulfide poisoning causing strong irritant reaction, epilepsy state and likely to cause swelling of lungs and unconsciousness;
064.
High-concentration carbon dioxide poisoning causing symptoms such as stopped or slowed breathing, bleeding in the nose, mouth and intestine, asthenia or collapse;
065.
Chronic poisoning caused by exposure to pesticide chemicals;
066.
Poisoning caused by exposure to other chemicals in the classification of chemicals subject to declaration and registration.
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SAMPLE REPORT ON OCCUPATIONAL ACCIDENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HIGHER-LEVEL
REGULATORY AUTHORITY (IF ANY)
OCCUPATIONAL ACCIDENT-CAUSING ESTABLISHMENT
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
Address: ……………………….....
Tel/fax:………………………….
Email:…………………………….
……, date……..
REPORT ON OCCUPATIONAL ACCIDENTS
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- Inspectorate of the Department of Labour, War Invalids and Social Affairs …1…
- Police department of the district …2…
1. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Summary of events that have occurred/ consequences:……………………………………
………………………………………………………………………………………………………
2. Information about victims:
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Full name
Birth year
Gender
Occupation3
Post-accident condition (dead/slightly or severely injured)
1
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2
3
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4
….
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PREPARED
BY
(Sign, write
full name and title)
_______________
1 Give name of the administrative subdivision at the provincial level.
2 Give name of the administrative subdivision at the district level.
3 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
APPENDIX IV
SAMPLE
FAST REPORT ON OCCUPATIONAL ACCIDENTS FOR NON-CONTRACT EMPLOYEES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………, date ….
Dear
- Inspectorate of the Department of Labour, War Invalids and Social Affairs …
- Police department of the district …
1. Information about commune/ward:
- Commune/ward where an occupational accident takes place:……………………………………………………………………………….
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- Tel/fax:………………………….; Fax:…………………..;
2. Information about an occupational accident
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
3. Brief information about victims:
- Full name:…………………………..Male/female:………………………………………….
- Date of birth:………………………………………………………………….
4. Brief information about the occupational accident:
5. Victim’s injury assessment:
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Addressee:
- As mentioned
above;
- For archival purposes.
PP.
PEOPLE’S COMMITTEE
PRESIDENT
(Sign and
seal)
APPENDIX V
SAMPLE DECISION ON ESTABLISHMENT OF THE GRASSROOTS-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
ESTABLISHMENT’S
NAME
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: .... /QD-DTTNLD
…………., date …….
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DECISION
Regarding establishment of the commission for investigation into occupational accident
TITLE OF EMPLOYER
Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain articles of the Law on Labor Safety and Health;
Upon the request of…….,
HEREBY DECIDES:
Article 1. Establish the commission for investigation into occupational accident of1…………………………….
The commission is composed of the following persons:
1. Full name…………………………, Title……………………………, holding the post as the Head;
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3. ..................................................................................................................................
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The persons defined in Article 1 and those involved in an occupational accident shall be responsible for implementing this Decision./.
Addressee:
- As mentioned
above;
- For archival purposes.
EMPLOYER
(Sign, write
full name and stamp)
__________________
1 Specify the establishment’s name.
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SAMPLE DECISION ON ESTABLISHMENT OF THE PROVINCIAL-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE'S COMMITTEE OF PROVINCE (CITY)...........
DEPARTMENT
OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……. /QD-LDTBXH
………., date……
DECISION
Regarding establishment of the commission for investigation into occupational accident
DIRECTOR OF THE DEPARTMENT OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
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...
Upon the request of the Chief Inspector of the Department of Labour, War Invalids and Social Affairs,
HEREBY DECIDES:
Article 1. Establish the commission for investigation into occupational accident of province (city)…………1………….
The commission is composed of the following persons:
1. Full name…………………………, Title……………………………, holding the post as the Head;
2. Full name…………………………, Title……………………………, Host institution……………, holding the post as the Member;
3. ……………………………………………………………………………………………….
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The Chief Inspector, the persons defined in Article 1, Director (owner of an establishment) and those involved in an occupational accident shall be responsible for implementing this Decision./.
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...
...
Addressee:
- As mentioned
above;
- Department of Health;
- Labor Confederation of province, city;
- Deposited in archives and Inspectorate of the Department of Labor, War
Invalids and Social Affairs
DIRECTOR
(Sign, write
full name and stamp)
___________________
1 Give name of the administrative subdivision at the provincial level.
APPENDIX VII
SAMPLE DECISION ON ESTABLISHMENT OF THE CENTRAL-LEVEL COMMISSION FOR
INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
MINISTRY……………..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
…………, date …..
DECISION
Regarding establishment of the commission for investigation into occupational accident
MINISTER/HEAD OF MINISTRY-LEVEL AGENCY ………….
Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain articles of the Law on Labor Safety and Health;
Upon the request of…….,
HEREBY DECIDES:
Article 1. Establish the central-level commission for investigation into occupational accident which is composed of the following persons:
...
...
...
2. Full name…………………………, Title……………………………, Host institution……………, holding the post as the Member;
3. .......................................................................................................................................
Article 2. The commission for investigation into occupational accident shall be responsible for carrying out investigation in the occupational accident that took place at (place)............on (give specific time and date)................
Article 3. The persons defined in Article 1, Director (owner of an establishment) and ……… involved in an occupational accident shall be responsible for implementing this Decision./.
Addressee:
- As mentioned
above;
- ………..
For archival purposes, …..
MINISTER/HEAD
(Sign, write
full name and stamp)
APPENDIX VIII
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COMMISSION
FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./
SAMPLE WRITTEN ACCOUNT
At (time)......on (date)……….
At ……………………………………………………………………………………………………
I (full name)…………………………, title……………………………
...
...
...
Are writing the account given by:
Mr./Mrs.:…………………………………………………………………………………………….;
Also known as:………………………………………………………………………………………
Date of birth:………………..; Place of birth:…………………………………………
Registered permanent residence:…………………………………………………………………
Current residence:…………………………………………………………………………………..
Occupation:…………………………………………………………………………………………..
Workplace:……………………………………………………………………………………………
ID card (or Passport, Citizen Identification Card) number:………….., issue date:…………………, issue place:……………………..
...
...
...
Status of account giver: Accident victim/ Witness/ Person involved.
Mr./ Mrs. …………………………….has been informed of legal rights and obligations and signed his/her name hereunder:
QUESTION AND ANSWER
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Writing this account is completed at (time)........on (date)............
This account is orally read again to the account giver who then is required to give his/her attestation and signature hereunder.
ACCOUNT
GIVER
(sign and
write full name)
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_____________
1 Specify the central level or name of the administrative subdivision at the provincial or grassroots level.
APPENDIX IX
SAMPLE REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT OF THE
GRASSROOTS-LEVEL COMMISSION FOR INVESTIGATION INTO OCCUPATIONAL ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
(Establishment’s name)…
No.: ………./
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT (Slight or serious degree)…………
1. Occupational accident-causing establishment:
- Establishment's name:…………………………………………………………………………
- Address: …………………………………………………………………………………
Located within the city/province:………………………………………………………………..
- Phone number, Fax and Email: ………………………………………………………………
- Scope of operation:…………….2………………………………………………………………
- Total number of employees (manufacturing scale): …………………………………………
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...
...
- Name and address of direct higher-level authority (if any):…………………………………
2. Composition of the commission for investigation (Full name, host institution and title of each member):
………………………………………………………………………………………………………..
3. Participants in investigation (Full name, host institution and title of each participant):
……………………………………………………………………………………………………….
4. Background information about accident victims:
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………….
- Birth place: ………………………………………………………………………………………
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...
...
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Workplace (name of work group/workshop or name and address of establishment):........
- Occupation:……………4………………………………………………………………………….
- Work duration:……………….(year)
- Occupational experience: …………………..(year); Attainment of engineering grade (if any):................................
- Employment type:
Having an employment contract:…………..5……………/ Having none of employment contract.
- Have been trained for labor safety and health: …………………yes/no.
5. Information about an occupational accident:
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...
...
- Occurrence place:……………………………………………………………………………….
- Work commencement time:………………………………………………………………………
- Number of hours of work determined as of occurrence time:………(hours)……(minutes).
6. Accident description:………………………………………………………………………….
7. Causes of accident: (clearly define the occupational accident occurring due to the following causes: employer’s faults; employee’s faults; faults of both employer and employee; causes other than faults of either employer or employee).
8. Conclusion of accident: (clearly define whether that accident occurs in one of the following cases: occupational accident; accidents of which victims are entitled to benefits referred to in Clause 2 Article 39 of the Law on Labor Safety and Health; non-occupational accident).
9. Determination of persons at fault and recommendation of disciplinary actions: .....
10. Suggested actions to preventing similar occupational accidents or those that may recur:
- Workload:……………………………………………………………………………….
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- Completion time:………………………………………………………………………
11. Injury condition:
- Injured body part:…………………………………………………………………………………
- Injury degree:………………………………………………………………………………………
12. Medical treatment service provider and primary approach: …………………………
13. Loss or expenses incurred due to occupational accident:
- Costs covered by employer (if any):
Total amount: VND…………….., including:
+ Medical cost: VND…………….;
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...
...
+ Compensation or subsidy amount: VND ……………………;
- Value of loss of or damage to assets/equipment: VND………………
OTHER
MEMBERS OF THE INVESTIGATION COMMISSION
(sign and
write full name)
HEAD
OF THE INVESTIGATION COMMISSION
(Employer or
person given authorization in writing)
(Sign, write full name and stamp(if any))
PARTICIPANTS
IN INVESTIGATION
(sign and
write full name)
_______________
...
...
...
2 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law.
3 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
4 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
5 Clearly specify indefinite term, definite term ranging from 12 months to 36 months, seasonal or specified employment with under-12-month term.
APPENDIX X
SAMPLE INVESTIGATION INTO OCCUPATIONAL ACCIDENT OF THE
PROVINCIAL/CENTRAL-LEVEL COMMISSION FOR INVESTIGATION INTO OCCUPATIONAL
ACCIDENT
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Form No.10a - Report on investigation into occupational accidents for contract employees
COMMISSION FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
...
...
...
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………., date……
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
…..2….. (provincial/central-level commission for investigation into occupational accident)……….
1. Accident-causing establishment:
- Establishment's name:…………………………………………………………………………………………………
- Address: …………………………………………………………………………………
...
...
...
- Phone number, Fax and Email: ………………………………………………………………….
- Scope of operation:………………3…………………………………………………………….
- Total number of employees (manufacturing scale): ……………………………………………
- Type of establishment:……………4………………………………………………………………
- Name and address of direct higher-level authority (if any):……………………………………
2. Composition of the commission for investigation (Full name, title and host institution of each member):
………………………………………………………………………………………………………..
3. Participants in investigation (Full name, host institution and title of each participant):
………………………………………………………………………………………………………
...
...
...
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………….
- Birth place: ………………………………………………………………………………………
- Registered permanent residence:………………………………………………………………
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Workplace (name of work group/workshop or name and address of establishment):.......
- Occupation:……………5…………………………………………………………………………
- Work duration:……………….(year)
- Occupational experience: …………………..(year); Attainment of engineering grade (if any):.....................................
...
...
...
Having an employment contract:……………………….6………………………/ Having none of employment contract.
- Have been trained for labor safety and health: yes/no.
5. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Work commencement time:
- Number of hours of work determined as of occurrence time:……(hours)………(minutes).
6. Accident description:…………………………………………………………………………
7. Causes of accident: (clearly define the occupational accident occurring due to the following causes: employer’s faults; employee’s faults; faults of both employer and employee; causes other than faults of either employer or employee).
...
...
...
9. Determination of persons at fault and recommendation of disciplinary actions: ...................................
10. Suggested actions to preventing similar occupational accidents or those that may recur: ……………………..
11. Injury condition: Dead or injured (specify the injury position referred to in the classification of injuries).
12. Medical treatment service provider and primary approach:
- Workload:……………………………………………………………………………….
- Persons responsible for implementing these actions:……………………………………………………………………
- Completion time:………………………………………………………………………
13. Loss or expenses incurred due to occupational accident:
- Costs covered by employer (if any): Total amount: VND………., comprising:
...
...
...
+ Salary paid during medical treatment period: VND...................;
+ Compensation or subsidy amount: VND ……………………;
+ Other costs (burial or visit, etc.): VND…………….
- Value of loss of or damage to assets/equipment: VND………………
EMPLOYER
(Sign, write
full name and stamp(if any))
HEAD
OF THE INVESTIGATION COMMISSION
(Sign, write
full name and stamp(if any))
_______________
1 Specify the central level or name of the administrative subdivision at the provincial level.
...
...
...
3 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law;
4 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
5 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
6 Clearly specify indefinite term, definite term ranging from 12 months to 36 months, seasonal or specified employment with under-12-month term.
Form No.10b - Report on investigation into occupational accidents for non-contract employees
COMMISSION
FOR INVESTIGATION IN OCCUPATIONAL ACCIDENT ………1……..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: …………/
...
...
...
REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
……..2……. (Provincial/central-level commission for investigation into occupational accident)……….
1. Location where the occupational accident took place:
- Name of the administrative subdivision where the occupational accident took place (commune level):…………………………………………………………………………….
- Located within the city/province:…………………………………………………………………
- Phone number, Fax and Email: …………………………………………………………………
2. Composition of the commission for investigation (Full name, title and host institution of each member):
…………………………………………………………………………………………………………
...
...
...
…………………………………………………………………………………………………………
4. Background information about accident victims:
- Full name:…………………………; Gender:…………………………… Male/Female;
- Date of birth:………………………………………………………………………………………
- Birth place: ………………………………………………………………………………………
- Registered permanent residence:………………………………………………………………
- Family background (natural father, mother, spouse, son or daughter): ……………………
- Occupation:……………3…………………………………………………………………………
………………………………………………………………..
...
...
...
5. Information about an occupational accident:
- Occurrence time and date:………………;
- Occurrence place:……………………………………………………………………………….
- Work commencement time:………………………………………………………………………
- Number of hours of work determined as of occurrence time:……(hours)………(minutes).
6. Accident description:…………………………………………………………………………
Causes of accident: (clearly define the occupational accident occurring due to the following causes: employee victim’s faults; faults of other person; faults of both employee victim and other person; other cause).
8. Accident conclusion: (occupational accident or non-occupational accident).
9. Determination of persons at fault and recommendation of disciplinary actions: ......
...
...
...
11. Injury condition: Dead or injured (specify the injury position referred to in the classification of injuries).
12. Medical treatment service provider and primary approach:
- Workload:……………………………………………………………………………….
- Persons responsible for implementing these actions:……………………………………………………………………
- Completion time:………………………………………………………………………
13. Loss or expenses incurred due to occupational accident:
- Total amount: VND…………….., including:
+ Medical cost: VND…………….;
+ Other costs (burial or visit, etc.): VND…………….
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(Sign, write
full name and stamp(if any))
_______________
1 Specify the central level or name of the administrative subdivision at the provincial level.
2 Refer to the classification of injury-causing factors.
3 Give name and code of the occupation according to the classification of occupations adopted by the Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XI
...
...
...
Form No. 11a – Minutes of the meeting on public disclosure of report on investigation into occupational accident for contract employees
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------
MINUTES OF THE MEETING ON PUBLIC DISCLOSURE OF REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
At (time)…..(date)……….
At ……………………………………………………………………………………………………
The commission for investigation into occupational accident held the meeting on public disclosure of report on investigation into occupational accident.
I. Participants in the meeting:
...
...
...
2. Accident-causing establishment:…………………………...2……………………………….
3. Direct higher-level authority (if any):………………………………………………………….
4. Establishment (or individual) involved: ………………………3……………………………….
II. Meeting contents
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
The meeting ends at (time)………..on the same date, and the meeting minutes have been orally read again to participants and signed hereunder./.
EMPLOYER
(Sign, write
full name and stamp (if any))
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
MEMBER
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
ESTABLISHMENT
(OR INDIVIDUAL) ATTENDING THE MEETING
(sign and
write full name)
MEETING
MINUTES RECORDER
(sign and
write full name)
____________
1 Specify full name, title and host institution of each participant.
2 Specify full name and title of:
...
...
...
- Representatives of the Trade Union or persons assigned by an employee collective.
3 Specify full name of accident victims, witnesses or persons involved.
Form No. 11b – Minutes of the meeting on public disclosure of report on investigation into occupational accident for non-contract employees
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
MINUTES OF THE MEETING ON PUBLIC DISCLOSURE OF REPORT ON INVESTIGATION INTO OCCUPATIONAL ACCIDENT
At (time)…..(date)……….
At ……………………………………………………………………………………………………
...
...
...
I. Participants in the meeting:
1. The commission for investigation into occupational accident: ………………………………1………………………………….
2. People’s Committee of the commune where an occupational accident took place:……………………………2……………………………………….
3. Establishment (or individual) involved: ………………………3……………………………….
II. Meeting contents
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
…………………………………………………………………………………………………………
...
...
...
HEAD
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
MEMBER
OF THE INVESTIGATION COMMISSION
(sign and
write full name)
ESTABLISHMENT
(OR INDIVIDUAL) INVOLVED ATTENDING THE MEETING
(sign and
write full name)
MEETING
MINUTES RECORDER
(sign and write
full name)
...
...
...
1 Specify full name, title and host institution of each participant.
2 Representative of the People’s Committee of the commune where an occupational accident took place.
3 Specify full name of accident victims, witnesses or persons involved.
APPENDIX XII
SAMPLE GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS AT THE
GRASSROOTS LEVEL (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report-making establishment: (specify the name of the establishment)
Address:
Code of the (rural) urban district1:
...
...
...
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date: ……………..
Type of establishment2 (enterprise):…………… Code of establishment type:
...
...
...
Report recipient: Department of Labour, War Invalids and Social Affairs.
Main activity scope of the establishment: ……..3…….Code of activity:
Total number of employees: ………, out of which female employees are........
Total payroll: VND……….million.
...
...
...
Name of statistical indicators
Code
Classification of occupational accidents by injury levels
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
...
...
...
Number of deaths
Number of severely injured victims
Total
Victims outside of its scope of authority
Total
Victims outside of its scope of authority
Total
Victims outside of its scope of authority
Total
...
...
...
1
2
3
4
5
6
7
8
9
...
...
...
11
12
13
1. Occupational accident
...
...
...
1.1. Classification of occupational accidents by causes4
a. Employer’s faults
Do not provide safety equipment or provide equipment that fail to meet safety standards
...
...
...
...
...
...
Do not have personal safety equipment or provide personal safety equipment that fail to meet quality standards
...
...
...
Organize work in an inappropriate manner
...
...
...
Have yet to provide labor safety and health training or do not fully provide such training
...
...
...
...
...
...
...
...
...
Create unacceptable work environment
...
...
...
b. Employee’s faults
...
...
...
Violate safe work rules, regulations, processes and methods
...
...
...
...
...
...
Do not use personal safety equipment
...
...
...
c. Unavoidable causes/ Unknown causes
...
...
...
1. 2. Classification of occupational accidents by injury-causing factors5
...
...
...
...
...
...
…
...
...
...
1.3. Classification of occupational accidents by occupations6
...
...
...
....
...
...
...
...
...
...
...
...
...
3. Aggregation (3=1+2)
...
...
...
II. Loss or damage incurred due to occupational accidents
Total number of days off due to occupational accidents (including paid leaves)
Expenses expressed in cash (VND 1,000)
Asset loss or damage (VND 1,000)
...
...
...
Specific expenses
Medical expenses
Salary or wage payments made during the medical treatment period
Compensation/ Benefit
1
2
3
4
5
...
...
...
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
_______________
1 Give name and code specified in the classification of administrative subdivisions adopted by the Prime Minister under regulations laid down in the Statistics Law.
2 Specify name and code in the classification and code of economic establishments or public service or administrative units in accordance with applicable laws in the statistical report.
3 Give name and code in the classification of economic activities adopted by the Prime Minister under regulations laid down in the Statistics Law.
4 Specify 01 main cause of occupational accident.
5 Give name and code specified in the classification of injury-causing factors.
...
...
...
APPENDIX XIII
SAMPLE FAST REPORT ON OCCUPATIONAL ACCIDENTS INVOLVING DEATHS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE’S
COMMITTEE
DEPARTMENT OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
PROVINCE ……………..
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
............., date………..
Dear Ministry of
Labour, War Invalids and Social Affairs,
1. Information about an
occupational accident:
- Occupational accident-causing establishment:
- Address:
- Telephone: Fax:
- Higher-level regulatory authority (if any):
2. Information about an
occupational accident:
- Accident occurrence time:
- Accident occurrence place:
3. Brief information
about victims:
- Full name:
- Birth date:
Male/female
4. Brief description of
the occupational accident:
5. Victim's injury or
wound conditions:
Addressee:
- As mentioned above;
- ………….
- For depositing
purposes:……..
...
...
...
APPENDIX XIV
SAMPLE CONSOLIDATION OF REPORTS ON OCCUPATIONAL ACCIDENTS PREPARED BY
EMPLOYERS IN CITIES OR PROVINCES (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report preparer: Department of Labour, War Invalids and Social Affairs of the city/province……..Provincial code:
GENERAL EVALUATION
REPORT ON OCCUPATIONAL ACCIDENTS
REPORT PERIOD (6
months or entire year)…of the YEAR…
Report date: ……………..
Recipient of the
report:
- Ministry of Labour, War Invalids and Social Affairs
- Statistical Office of………….
I. General
information
Establishment type
...
...
...
Establishment
Workforce
Total number of occupational accidents
Occupational accident frequency1
Remark
Total
Number of establishment submitting reports
Total number of employees
Number of employees working for establishment submitting reports
...
...
...
Number of accident victims
KTNLD
Kchet
Total
Number of deaths
Number of severely injured victims
1
2
3
...
...
...
5
6
7
8
9
10
11
12
13
...
...
...
...
...
...
Classified by establishment types
...
...
...
II. Classification of occupational accidents
Name of statistical indicators
Code
Classification by injury levels
...
...
...
Number of occupational accident cases
Number of occupational accident victims
Total number of days off due to occupational accidents
Expenses expressed in cash (VND 1,000)
Asset loss or damage (VND 1,000)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
...
...
...
Number of deaths
Number of severely injured victims
Total
Specific expenses
Medical expense
Salary or wage payments made during the medical treatment period
Compensation/Benefit
1
2
...
...
...
4
5
6
7
8
9
10
11
12
...
...
...
14
15
Total
...
...
...
Classified by sectors2
...
...
...
...
...
...
Classified by causes3
...
...
...
Classified by injury-causing factors4
...
...
...
...
...
...
Classified by occupations5
...
...
...
REPORT
MAKER
(sign and
write full name)
...
...
...
_______________
1 Occupational accident
frequency measured by the formula: Where: N refers to number of
occupational accident victims or number of deaths reported during a report
period; P refers to total number of employees working for establishments
submitting reports.
2 Give name and code in
the classification of economic activities adopted by the Prime Minister under
regulations laid down in the Statistics Law.
3 Specify 01 main cause
of occupational accident.
4 Give name and code
specified in the classification of injury-causing factors.
5 Give name and code of
the occupation according to the classification of occupations adopted by the
Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XV
SAMPLE REPORT ON OCCUPATIONAL ACCIDENTS FOR NON-CONTRACT EMPLOYEES IN
CITIES OR PROVINCES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
Report maker: Department of Labour, War Invalids and Social Affair…..
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date:
……………..
Dear Ministry of Labour, War Invalids and Social Affairs,
Name of statistical indicators
...
...
...
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
Number of female employees
Number of deaths
Number of severely injured victims
...
...
...
2
3
4
5
6
7
8
9
Classified by occupations1
...
...
...
2
...
...
...
3
...
...
...
4
...
...
...
5
...
...
...
……
...
...
...
Total:
...
...
...
REPORT
MAKER
(sign and
write full name)
DIRECTOR
(Sign, write
full name, title and stamp)
___________
1 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
...
...
...
PEOPLE’S COMMITTEE OF THE COMMUNE/WARD…1
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
Report period (6 months or entire year)…of the year…
Report date:
……………..
Dear People’s Committee of the district/district-level town/city2
Name of statistical indicators
Classification of occupational accidents by injury levels
Number of cases (case)
Number of victims (persons)
Total
Number of cases involving deaths
...
...
...
Total
Number of female employees
Number of deaths
Number of severely injured victims
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Total
...
...
...
Total
Number of occupational accidents taking place within the scope of authority of the employer4
Classified by occupations3
...
...
...
1
...
...
...
2
...
...
...
...
...
...
...
...
...
...
Total
...
...
...
REPORT
MAKER
(sign and
write full name)
PP.
PEOPLE’S COMMITTEE…
PRESIDENT
(Sign, write
full name, title and stamp)
______________
1 If the People’s Committee of the
rural or urban district submits reports to the Department of Labour, War
Invalids and Social Affair, specify the name of that People’s Committee.
2 If the People’s Committee of the
rural or urban district submits reports to the Department of Labour, War
Invalids and Social Affair, specify the name of that Department.
3 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
4 Specify number of non-contract
employees involved in occupational accidents at the employer’s workplace in
that subdivision.
APPENDIX XVII
SAMPLE CONSOLIDATION OF EVALUATION REPORTS ON OCCUPATIONAL ACCIDENTS
PREPARED BY SECTORAL REGULATORY AGENCIES CONDUCTING INVESTIGATION INTO
OCCUPATIONAL ACCIDENTS (6 MONTHS OR ENTIRE YEAR)
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
...
...
...
GENERAL EVALUATION REPORT ON OCCUPATIONAL ACCIDENTS
REPORT PERIOD (6
months or entire year)…of the YEAR…
Report date: ……………..
Report recipient: Ministry of Labour, War Invalids and Social Affairs
I. General information
Establishment type
Code
Establishment
Workforce
Total number of occupational accidents
Occupational accident frequency1
...
...
...
Total
Number of establishment submitting reports
Total number of employees
Number of employees working for establishment submitting reports
Number of female employees
Number of accident victims
KTNLD
Kchet
Total
...
...
...
Number of severely injured victims
1
2
3
4
5
6
7
8
...
...
...
10
11
12
13
Total
...
...
...
Classified by establishment types
...
...
...
...
...
...
II. Classification of occupational accidents
Name of statistical indicators
Code
Classification by injury levels
Loss or damage caused by occupational accidents
Number of occupational accident cases
Number of occupational accident victims
Total number of days off due to occupational accidents
Expenses expressed in cash (VND 1,000)
...
...
...
Total
Number of cases involving deaths
Number of cases involving at least 2 victims
Total
Number of female employees
Number of deaths
Number of severely injured victims
Total
Specific expenses
...
...
...
Salary or wage payments made during the medical treatment period
Compensation/Benefit
1
2
3
4
5
6
7
...
...
...
9
10
11
12
13
14
15
Total
...
...
...
...
...
...
Classified by sectors2
...
...
...
Classified by causes3
...
...
...
...
...
...
Classified by injury-causing factors4
...
...
...
Classified by occupations5
...
...
...
...
...
...
REPORT
MAKER
(sign and
write full name)
HEAD
OF THE ESTABLISHMENT
(Sign, write
full name, title and stamp)
_______________
1 Occupational accident
frequency measured by the formula: Where: N refers to number of
occupational accident victims or number of deaths reported during a report
period; P refers to total number of employees working for establishments
submitting reports.
2 Give name and code in
the classification of economic activities adopted by the Prime Minister under
regulations laid down in the Statistics Law.
3 Specify 01 main cause
of occupational accident.
4 Give name and code
specified in the classification of injury-causing factors.
5 Give name and code of
the occupation according to the classification of occupations adopted by the
Prime Minister under regulations laid down in the Statistics Law.
APPENDIX XVIII
SAMPLE REPORT ON CASES OF OCCUPATIONAL ACCIDENTS OF WHICH VICTIMS HAVE
ACCESS TO MEDICAL EXAMINATION AND TREATMENT SERVICES AT HEALTHCARE SERVICE
ESTABLISHMENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
...
...
...
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./BC-...
……….., date …..
REPORT
Cases of
occupational accidents of which victims have access to medical examination and
treatment services at healthcare service establishments
Dear Department of
Health of the city/province…1
No.
Full name
Age
Gender
Date on which occupational accident took place
...
...
...
Injured organ
Are you provided with on-site first aid services
Transport equipment used for transfer to healthcare service establishments
Medical treatment duration
Medical treatment results
Remark
Male
Female
Yes
...
...
...
Recovered
Recovered with sequelae
Deceased
1
2
3
4
5
6
...
...
...
8
9
10
11
12
13
14
15
16
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Addressee:
- As mentioned above;
- ………..
- For archival
purposes, …..
DIRECTOR
(Sign and
seal)
_____________
1 As for hospitals
belonging to the conglomeration of public service entities directly affiliated
to the Ministry of Health, send it directly to the Ministry of Health.
APPENDIX XIX
SAMPLE GENERAL REPORT ON CASES OF OCCUPATIONAL ACCIDENTS OF WHICH
VICTIMS HAVE ACCESS TO MEDICAL EXAMINATION AND TREATMENT SERVICES AT HEALTHCARE
SERVICE ESTABLISHMENTS IN CITIES OR PROVINCES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
PEOPLE'S
COMMITTEE OF THE CITY/PROVINCE....
SỞ Y TẾ
-------
...
...
...
No.: ………./BC-...
………….., date…..
REPORT
Cases of
occupational accidents of which victims have access to medical examination and
treatment services at healthcare service establishments
Dear Ministry of Health
No.
Full name
Age
Gender
Date on which occupational accident took place
Occupation
...
...
...
Are you provided with on-site first aid services
Transport equipment used for transfer to healthcare service establishments
Medical treatment duration
Medical treatment results
Remark
Male
Female
Yes
No
...
...
...
Recovered with sequelae
Deceased
1
2
3
4
5
6
7
...
...
...
9
10
11
12
13
14
15
16
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
...
Addressee:
- As mentioned above;
- …………
- For archival
purposes, …..
DIRECTOR
(Sign and
seal)
APPENDIX XX
SAMPLE NOTIFICATION OF CASES INVOLVING VICTIMS OF OCCUPATIONAL ACCIDENTS
PROVIDED MEDICAL EXAMINATION AND TREATMENT SERVICES BY NATIONWIDE HEALTHCARE
SERVICE ESTABLISHMENTS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
MINISTRY
OF HEALTH
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……..
...
...
...
REPORT ON CASES INVOLVING VICTIMS OF OCCUPATIONAL ACCIDENTS
PROVIDED MEDICAL EXAMINATION AND TREATMENT SERVICES BY NATIONWIDE HEALTHCARE
SERVICE ESTABLISHMENTS
Report period (6 months or entire year)…of the year…
Dear Ministry of Labour, War Invalids and Social Affairs,
I. Overview of cases involving victims of occupational accidents provided medical examination and treatment services by nationwide healthcare service establishments
Indicator
Number of victims (person)
Remark
1
...
...
...
Statistical data do not include the repeated number of victims provided with medical first aid, emergency and treatment services by multiple healthcare service establishments
2
Number of victims provided with initial medical treatment services within a given year in an occupational accident
3
Total number of occupational accident victims hospitalized
II. Classification of cases of occupational accident victims provided with medical examination and treatment services at nationwide healthcare service establishments by medical first aid, emergency and treatment services
...
...
...
Administrative subdivision
Number of victims provided with on-site medical first aid services
Number of victims cured
Remark
Total
Recovered
Recovered with sequelae
Deceased
1
...
...
...
3
4
5
6
7
8
...
...
...
...
...
...
...
...
...
III. Classification of cases of occupational accident victims provided with medical examination and treatment services at nationwide healthcare service establishments by occupations
...
...
...
Administrative subdivision
Number of occupational accident victims hospitalized, classified by main occupations
Remark
Occupation: … 1
Occupation: …
Occupation: …
….
1
2
...
...
...
5
….
…
….
...
...
...
REPORT
MAKER
(sign and
write full name)
MINISTRY
OF HEALTH’S HEAD
(Sign, write
full name, title and stamp)
__________
1 Give name and code of the
occupation according to the classification of occupations adopted by the Prime
Minister under regulations laid down in the Statistics Law.
APPENDIX XXI
SAMPLE NOTICE OF INFORMATION ABOUT GRASSROOTS-LEVEL HEALTH WORKERS
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HOST
INSTITUTION
ENTITY NAME
-------
...
...
...
No.:…….. /TB-....
………….., date …..
NOTICE
Regarding information about grassroots-level health workers
Dear Department of Health of……….
Pursuant to the Government’s Decree
No. 39/2016/ND-CP dated May 15, 2016 specifying implementation of certain
articles of the Law on Labor Safety and Health.
Name of the business
entity: …………………….Representative: Mr. (Mrs.)……………………
Address:
…………………………………………………………………………………
Telephone:………………………….
Fax:…………………..
Provides the following
information about health workers assigned duties related to healthcare and
occupational disease prevention and control activities for this business entity
(name of the business entity):
- Full name:…………………………………………………………………………………………….
- Professional qualification:……………………………………………………………………………
- Telephone contact
number:………………………………………………..…………………..
- Occupational healthcare certificates or
licenses:………………………………………………
Addressee:
- As mentioned above;
- …………
- For archival
purposes, …..
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
...
...
...
APPENDIX XXII
SAMPLE NOTICE OF
INFORMATION ABOUT HEALTHCARE SERVICE ESTABLISHMENTS PROVIDING HEALTH CARE AND
MANAGEMENT SERVICES FOR EMPLOYEES
(Issued together with the Government’s Decree No. 39/2016/ND-CP dated May
15, 2016)
HOST
INSTITUTION
ENTITY NAME
-------
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………./TB-....
…………, date…..…..
NOTICE
Regarding information about healthcare service establishments providing health care and management services for employees
Dear Department of Health.
...
...
...
Addressee:
- As mentioned
above;
- ………….
- For archival purposes, …..
REPRESENTATIVE
OF THE EMPLOYER
(Sign, write
full name, title and stamp)
1 According to the List of harmful
factors existing in work environment, Section II of this Appendix.
2 According to the List of harmful
factors existing in work environment, Section II of this Appendix.