When should the time of occupational accident reporting be? How is the company penalized for delayed reporting of occupational accident situations?
When must labor accidents be reported?
Based on the provisions of Article 36 of the 2015 Law on Occupational Safety and Health, employers are required to compile, report labor accidents, technical incidents causing serious loss of safety and hygiene at their establishments, and periodically every 6 months and annually report to the provincial labor management agency, unless other specialized laws stipulate otherwise.
The time when employers must submit a comprehensive report on labor accident situations to the Department of Labor - Invalids and Social Affairs, where the employer's head office is located, is as follows:
- Before July 5 every year for the first 6-month report;- Before January 10 of the following year for the annual report according to the prescribed form.
Thus, annually, employers must compile, report labor accidents or periodically every 6 months.
When must labor accidents be reported? How is the company penalized if it delays reporting labor accidents?
How is the reporting of labor accidents conducted?
According to the provisions of Clause 1, Article 24 of Decree 39/2016/ND-CP, the reporting of labor accidents is conducted as follows:
Time, form of labor accident report
The reporting of labor accidents as stipulated in Article 36 of the Law on Occupational Safety and Health is conducted as follows:
1. The employer sends a comprehensive report on labor accident situations to the Department of Labor - Invalids and Social Affairs, where the employer's head office is located; the report is sent before July 5 every year for the first 6-month report and before January 10 of the following year for the annual report according to the form prescribed in Appendix XII attached to this Decree. The report can be sent via one of the following forms: directly, fax, mail, email.
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The employer can send a comprehensive report on labor accident situations to the Department of Labor - Invalids and Social Affairs via one of the following forms:
- Directly;- Fax;- Mail;- Email.
In cases where employees do not work under a labor contract, periodically 6 months, annually, the Commune People's Committee compiles, reports labor accidents, technical incidents causing serious loss of safety and hygiene, and reports to the District People's Committee to summarize, report to the provincial labor management agency.
Then, the provincial labor management agency is responsible for reporting labor accidents, technical incidents causing serious loss of safety and hygiene that have been compiled and reported according to the provisions of Clauses 1 and 2, Article 24 of Decree 39/2016/ND-CP to the Ministry of Labor - Invalids and Social Affairs.
What are the latest forms for reporting labor accident situations?
Currently, the latest forms for reporting labor accident situations use the following forms:
- The comprehensive report form of labor accidents of the employer prescribed in Appendix XII attached to Decree 39/2016/ND-CP as follows:
Download the form here.
- The report form of the Commune, District People’s Committee on labor accidents involving workers not under labor contracts occurring in the area as prescribed in Appendix XVI attached to Decree 39/2016/ND-CP as follows:
Download the form here.
How is the company penalized if it reports labor accidents after July 5?
Based on Article 20 of Decree 12/2022/ND-CP stipulates as follows:
Violations of regulations on reporting occupational safety and hygiene
1. A fine of from 500,000 VND to 1,000,000 VND will be imposed on employees who do not promptly report to responsible persons when they detect a risk of technical incidents causing loss of safety and hygiene, labor accident, or occupational disease.
2. A fine of from 1,000,000 VND to 3,000,000 VND will be imposed on employers who do not report or report untimely about occupational safety and hygiene as stipulated by law.
3. A fine of from 5,000,000 VND to 10,000,000 VND will be imposed on employers who: do not compile labor accidents; do not report periodically or report incompletely or inaccurately or untimely report labor accidents, occupational diseases; do not report periodically or report incompletely or inaccurately or report untimely about technical incidents causing serious loss of safety and hygiene according to the regulations of the law.
Note: The above-mentioned fine levels are for individuals. The fine level for organizations is 2 times the fine level for individuals.
Thus, companies that report untimely about labor accidents or occupational diseases will be administratively fined from 10 to 20 million VND.
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