What is the classification of occupational accidents in Vietnam? What are the expenses of occupational accident investigation?
What is the classification of occupational accidents in Vietnam?
Article 9 of Decree 39/2016/ND-CP stipulates the classification of occupational accidents including:
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.
2. Occupational accident causing serious injury to employee (hereafter referred to as serious occupational accident) is the one which causes at least one of injury to the employee as stipulated in Appendix II issued with this Decree.
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.
What is the classification of occupational accidents in Vietnam? What are the expenses of occupational accident investigation?
What are the expenses of occupational accident investigation in Vietnam?
Expenses of occupational accident investigation are specified in Article 27 of Decree 39/2016/ND-CP as follows:
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.
Thus, according to the above regulations, the expenses of occupational accident investigation for the employees working under labor contract are stipulated as follows:
- 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;
In addition, the agency competent to investigate occupational accidents and the agency sending people to participate in the investigation of occupational accidents shall pay per diem expenses for participants according to the provisions of law of members of the Investigation Team. Investigate occupational accidents.
In cases where employees work without a labor contract, costs related to the investigation of occupational accidents will be paid by the commune-level People's Committee and the state agency competent to investigate occupational accidents. paid and accounted for in regular operating expenses of agencies and units.
Accordingly, employees do not have to pay the costs of investigating occupational accidents.
Vietnam: What are the responsibility of employer of facility where the occupational accident occurs?
According to the provisions of Article 18 of Decree 39/2016/ND-CP regulating the responsibility of employer of facility where the occupational accident occurs as follows:
- Promptly provides first-aid and emergency to the victim.
- Notifies the occupational accident under the provisions of Article 10 of this Decree.
- Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:
+ In case of required emergency to the victim and preventing risks and damages potentially occurring to other people which disturbs the scene, the employer of the facility where the occupational accident occurs must draw the scene outline, make a record, take photos or film the scene (if possible)
+ 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.
- 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.
- Creates the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.
- 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.
- Provides all relevant information on occupational accident for all employees of his facility.
- Completes and retain dossier of occupational accident for the employee during the period of time as follows:
+ 15 years for fatal occupational accidents;
+ Until the employee’s retirement for other occupational accidents.
- 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.
- Takes remedial measures and settle the consequences due to occupational accident; learns from experience; implements and reports the result of implementation of recommendations specified in the record of occupational accident investigation; handles under authority the persons at fault for occupational accident.
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