Vietnam: In what cases will occupational accident investigation teams be established? What is the time limit for the investigation of occupational accidents?
In what cases will occupational accident investigation teams in Vietnam be established?
Pursuant to Article 11 of Decree 39/2016/ND-CP as follows:
For grassroots occupational accident investigation team
- When notified of a mild or serious occupational accident that 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.
- For occupational accidents which occur at a 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.
For provincial occupational accident investigation team
+ When notified of an occupational accident that causes death or seriously injures 02 employees or more under the investigation authority, the Inspectorate of the 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.
+ In case of an occupational accident that causes death or seriously injures 02 or more Vietnamese employees working abroad, after fully receiving the dossier and documents related to the accident, the Inspectorate of the 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.
For central occupational accident investigation team
The team shall be established to investigate occupational accidents so serious and complicated that they are beyond the capacity of the provincial team of the investigation into occupational accidents; and re-investigate occupational accidents that were investigated by the provincial team of the investigation into occupational accidents.
What are the duties of members of occupational accident investigation teams in Vietnam?
Pursuant to Article 12 of Decree 39/2016/ND-CP, the duties of members of occupational accident investigation teams in Vietnam are:
- Heads of occupational accident investigation teams are responsible for:
+ Deciding the immediate investigation, even in case of the absence of one of the members of the investigation team;
+ Assigning specific duties to each member of the Team;
+ Discussing the result of the investigation of an occupational accident; deciding and taking responsibility for his decision on the result of the investigation of the occupational accident;
+ Holding meeting to announce the Record of occupational accident investigation;
- Members of occupational accident investigation teams are responsible for:
+ Performing duties assigned by the Head of the Team and participating in the general activities of the investigation team;
+ 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;
+ Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;
What is the time limit for the investigation of occupational accidents in Vietnam?
Pursuant to Clause 6, Article 35 of the Law on occupational safety and hygiene as follows:
Investigation into occupational accidents or safety threats or serious safety threat
...
6. Time limit for investigation of occupational accidents within competence of internal, provincial or central investigation team prescribed in Clause 1, 2 and 3 of this Article from the date on which the report on the occupational accident is received to the date on which the report on investigation into the occupational accident is published is:
a) 04 days if the accident only causes minor injuries to employees;
b) 07 days if the accident causes major injuries to an employee;
c) 20 days if the accident causes major injuries to at least two employees;
d) 30 days if the accident is fatal; 60 days if the accident requires technical assessment or forensic examination. If the accident is suspected to be a crime and investigated by an investigating agency but there is no decision on criminal prosecution, the time limit for investigation shall begin from the date on which the investigation team receives adequate materials, objects, or vehicles related to the accident.
If the accident mentioned in Points b, c, and d of this Clause has complicated facts, it shall be granted an extension provided that it does not exceed the time limit prescribed in those Points; the extension must be reported and concurred with by the person issuing the decision on establishment of the investigation team regarding occupational accidents prescribed in Points b, c and d of this Clause by the investigation team leader.
Accordingly, the time limit for the investigation of occupational accidents is prescribed as follows:
- 04 days if the accident only causes minor injuries to employees;
- 07 days if the accident causes major injuries to an employee;
- 20 days if the accident causes major injuries to at least two employees;
- 30 days if the accident is fatal; 60 days if the accident requires technical assessment or forensic examination. If the accident is suspected to be a crime and investigated by an investigating agency but there is no decision on criminal prosecution, the time limit for investigation shall begin from the date on which the investigation team receives adequate materials, objects, or vehicles related to the accident.
Note: This time limit is from the date on which the report on the occupational accident is received to the date on which the report on the investigation into the occupational accident is published.
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