What are the regulations on time and content of notification of occupational accident occurring to the employee not working under employment contract in Vietnam?
- What are the regulations on time and content of notification of occupational accident occurring to the employee not working under employment contract in Vietnam?
- Which authorities have power to establish investigation groups to investigate fatal accidents in Vietnam?
- What are the duties of member of occupational accident investigation groups in Vietnam?
What are the regulations on time and content of notification of occupational accident occurring to the employee not working under employment contract in Vietnam?
Pursuant to Clause 2 and Clause 3, Article 10 of Decree 39/2016/ND-CP stipulates as follows:
Time and content of notification of occupational accident
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3. When the occupational accident occurs to the employee not working under employment contract, the notification specified under Point dd, Clause 1, Article 34 of the Law on occupational safety and hygiene is made as follows:
a) Immediately after learning the workers is dead or seriously injured due to occupational accident, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets (hereinafter referred to as the commune-level People's Committee) where the occupational accident occurs.
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
When the occupational accident causing death or seriously injures occurs to the employee not working under employment contract, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets (hereinafter referred to as the commune-level People's Committee) where the occupational accident occurs.
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.
When the occupational accident occurs to the employee not working under employment contract, the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets, and the the notification is made under Article 19 and Article 36 of the Law on occupational safety and hygiene 2015
Time of notification: Immediately after learning the workers is dead or seriously injured due to occupational accident, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes where the occupational accident occurs.
Content of notification: 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 Download.
What are the regulations on time and content of notification of occupational accident occurring to the employee not working under employment contract in Vietnam? (Image from the Internet)
Which authorities have power to establish investigation groups to investigate fatal accidents in Vietnam?
Pursuant to Clause 2, Article 35 of the Law on Occupational Safety and Hygiene 2015, the investigation into occupational accidents or safety threat or serious safety threat is as follows:
- Each labor authority of province shall establish a provincial investigation group to investigate fatal accidents or accidents that cause serious injuries to at least two employees, including employees without employment contracts, excluding the cases prescribed in Clause 4 Article 35 of the Law on Occupational Safety and Hygiene 2015; and re-investigate occupational accidents that were investigated by the internal investigation group in case of complaints, denunciations, or where necessary..
- Composition of the provincial investigation group shall include representative of Occupational Safety and Hygiene Inspectorate affiliated to a provincial authority who is the group leader and representatives of the Service of Health, Confederation of Labor, etc., who are group members.
What are the duties of member of occupational accident investigation groups in Vietnam?
Pursuant to Article 12 of Decree 39/2016/ND-CP, the duties of member of occupational accident investigation groups include:
- The Head of occupational accident investigation group is responsible for:
+ Deciding the immediate investigation, even in case of absence of one of the members of investigation group;
+ Assigning specific duties to each member of the group;
+ Discussing the result of investigation of occupational accident; deciding and taking responsibility for his decision on the result of investigation of occupational accident;
+ Holding meeting to announce the Record of occupational accident investigation;
- The members of occupational accident investigation group are responsible for:
+ Performing duties assigned by the Head of the group and participating in the general activities of the investigation group;
+ Having the right to give and reserve their comments; in case of disagreement with the decision of the Head of the group, the member can report to the Leader of bodies appointing employees to participate in the investigation group;
+ Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;
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