Is it mandatory to have a record of scene examination in dossier of occupational accident in Vietnam?

Is it mandatory to have a record of scene examination in dossier of occupational accident in Vietnam?

Pursuant to Article 16 of Decree 39/2016/ND-CP stipulating dossier of occupational accident as follows:

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;

g) Record of occupational accident investigation;

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.

Thus, when your company records the occupational accident, it must include the documents specified above. The record of the scene examination is not required to be included in the dossier of occupational accident. In case the investigating agency has a record of the scene examination, your company can ask for a copy to include in the dossier as prescribed above in Vietnam.

What is period for retainment of dossier of occupational accident for the employee in Vietnam?

According to Article 18 of Decree 39/2016/ND-CP stipulating responsibility of employer of facility where the occupational accident occurs as follows:

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:

a) 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)

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.

10. 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.

According to this Article, the time to retain dossiers of occupational accident for employees is prescribed as above in Vietnam.

Best Regards!