Vietnam: Process of maritime occupational accident investigation

1. The maritime occupational accident investigation commission shall request the employer or competent authorities to provide documents, records and materials related to the accident that causes death or seriously hurt two or more seafarers; cooperate with domestic and foreign authorities in collecting trails, evidence, documents related to the occupational accident.

2. Processing, analyzing the testimony and evidence collected in order to discover the following contents:

- The maritime occupational accident happening;

- The cause of the maritime occupational accident;

- Drawing conclusion about the maritime occupational accident (specifying whether or not the accident is a maritime occupational accident or an accident considered a maritime occupational accident);

- The measures to remedy and prevent the reoccurrence or the occurrence of similar maritime occupational accidents.

3. Making the maritime occupational accident investigation record under the form in the Appendix VII promulgated together with this Circular.

4. Holding meeting and making the minute of the meeting about the disclosure of the maritime occupational accident investigation record under the form in the Appendix VIII promulgated together with this Circular right after the investigation. The meeting about the disclosure of the maritime occupational accident investigation record is attended by:

- The Chief investigation commissioner or his/her authorized representative (Chairperson);

- The representative of the members of the maritime occupational accident investigation commission;

- The employer;

- The victim or the representative being the victim's relative, the persons that know the incident and the persons relating to the maritime occupational accident;

- The representatives of the Steering Committee of the Union.

5. The members participating in the meeting that are not unanimous in the content of the maritime occupational accident investigation record are entitled to put down their opinion and append their signatures to the minute of the meeting about the disclosure of the maritime occupational accident investigation record; the employer must sign and append their seal (if any) to the minute of the meeting about the disclosure of the maritime occupational accident investigation record and implement the proposals of the maritime occupational accident investigation commission.

6. Within 05 working days as from completing the minute of the meeting about the disclosure of the maritime occupational accident investigation record, the maritime occupational accident investigation commission must send (directly or by post) the maritime occupational accident investigation record and the minute of the meeting about the disclosure of the maritime occupational accident investigation record to the agencies belonging to the maritime occupational accident investigation commission, Vietnam Maritime Administration, the Ministry of Transport, the Ministry of Labor, War Invalids and Social Affairs (the Ministerial Inspectorate and the Department of Work Safety), the employer’s head office where the accident happens and the victims or the victims’ relatives.

View more details at Circular No. 13/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam, effective from July 01, 2017.

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