Vietnam’s Circular No. 13/2017/TT-BLĐTBXH: Responsibilities of employer

Circular No. 13/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam on providing for statement, statistical investigation and reporting on occupational accidents in maritime sector was issued on May 15, 2017. According to this Circular, employers have the following responsibilities:

1. Timely giving first-aid to the victim.

2. Making statement about occupational accidents as prescribed in Article 7 of this Circular.

3. Preserving the scene of fatal accidents and serious accidents under the following principles:

- In case the scene is muddled while giving first aid to the victim and preventing risks, damage to other people, the employer must draw the diagram of the scene, make records, photograph and film the scene (if possible);

- The scene shall only be cleaned after the investigation is done as prescribed in this Circular and after obtaining the written consent from the Police Department or the occupational accident investigation commission.

4. Promptly providing the documents, items and equipment related to the occupational accident at the request of the superior occupational accident investigation commission and bearing responsibilities before the law for those documents, items and equipment.

5. Assisting the persons related to the accident in providing information for the occupational accident investigation commission when being requested.

6. Holding the occupational accident investigation as prescribed in Clause 1 Article 8 of this Circular.

7. Sufficiently notifying the occupational accident to the employees within the employer’s facility.

8. Paying the expenses on occupational accident investigation, including re-investigation, including:

- The accident scene simulation;

- Photographing and printing scene pictures and victim’s picture;

- Technical, forensic examination (if necessary);

- Post-mortem examination;

- Printing documents relating to the occupational accident;

- Transport serving the occupational accident investigation;

- Holding the meeting about disclosure of the occupational accident investigation record;

- The expenses stated above shall be recorded into the regular operation expenses, production and business expenses of the employer and shall be reasonable expenses when calculating and paying enterprise income tax as prescribed by the Law on Enterprise Income Tax.

9. Implementing the measures for remedying the consequences caused by the occupational accidents; holding experience-learning meetings; implementing and reporting the results of the implementation of the recommendations stated in the occupational accident investigation record; disciplining the persons at fault.

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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