Regulations on the time and form of occupational accident report of enterprises in Vietnam

Regulations on the time and form of occupational accident report of enterprises in Vietnam (Internet image)

Statistical reports on occupational accidents and serious safety threat in Vietnam

Pursuant to Article 36 of the Law on occupational safety and hygiene 2015, statistical reports on occupational accidents and serious safety threat are as follows:

- Every 6 month and every year, each employer shall send statistical reports on occupational accidents and serious safety threat to the labor authority of province, unless otherwise prescribed by specialized legislation.

- Every 6 month and every year, each People’s Committee of commune shall send statistical reports on occupational accidents and serious safety threat related to employees without labor contracts prescribed in Point d Clause 1 Article 34 of the Law on occupational safety and hygiene 2015 to the People’s Committee of district, then it shall be synthesized and reported to the labor authority of province.

- Each labor authority of province shall send reports on occupational accidents and serious safety threat prescribed in Clause 1 and Clause 2 of Article 36 of the Law on occupational safety and hygiene 2015 to the Ministry of Labor, War Invalids and Social Affairs as follows:

= The labor authority shall send quick reports on occupational accidents that cause deaths or serious safety threat or serious safety threat in the province;

= Every 06 months and every year, the labor authority shall send reports on occupational accidents or serious safety threat and occupational safety in the province.

- Every 06 months and every year, the Ministry of Health shall release statistics on cases in which victims of occupational accidents undergone medical examinations and treatment and send to the Ministry of Labor, War Invalids and Social Affairs.

Investigation of occupational accidents involving people working without employment contracts in Vietnam

More details can be found here.

Regulations on the time and form of occupational accident report of enterprises in Vietnam

According to Article 24 of Decree 39/2016/ND-CP stipulating the time and form of occupational accident report:

The occupational accident report as stipulated in Article 36 of the Law on occupational safety and hygiene 2015 is made as follows:

- The employer shall send the general report on the reality of occupational accident to the Department of Labor – Invalids and Social Affairs where the employer’s head office is situated; the report must be sent before the 5th of July annually for the first 06 months and before the 10th of January of the subsequent year of the annual report under the Form specified in Appendix XII issued with Decree 39/2016/ND-CP.

The report is sent by one of the following forms: directly, fax, post, email.

- The communal People’s Committee shall report the occupational accident and technical incident which causes serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area specified in Paragraph 2, Article 36 of the Law on occupational safety and hygiene 2015 to the district People’s Committee under the Form specified in the Appendix XVI issued with Decree 39/2016/ND-CP before the 5th of July for the first 06 month report and before the 5th of January of subsequent year for the annual report.

- The district People’s Committee shall summarize the occupational accidents and technical incidents causing serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area and report to the Department of Labor – Invalids and Social Affairs under the Form specified in Appendix XVI issued with Decree 39/2016/ND-CP before the 10th of July for the first 06 month report and before the 10th of January of subsequent year for the annual report.

- Reporting responsibility of the Department of Labor – Invalids and Social Affairs:

= Rapidly reports the fatal occupational accidents and serious occupational accidents which injure 02 employees or more to the Ministry of Labor – Invalids and Social Affairs under the Form specified in the Appendix XIII issued with Decree 39/2016/ND-CP.

= Summarizes the reality of occupational accidents in the first 06 months and 01 year in the provincial areas; sends the general report on reality of occupational accident under the Form specified in Appendix XIV and Appendix XV issued with Decree 39/2016/ND-CP to the Ministry of Labor – Invalids and Social Affairs (Bureau for safe work) and the provincial Department of Statistics before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report.

- The bodies in charge of occupational accident investigation in the particular fields as stipulated in Paragraph 4, Article 35 of the Law on occupational safety and hygiene 2015 and Article 21 of Decree 39/2016/ND-CP must report the reality of occupational accident under their investigation authority and send it to the Ministry of Labor – Invalids and Social Affairs before the 15th of July for the first 06 month report and before the 25h of January of subsequent year for the annual report under the Form specified in Appendix XVII issued with Decree 39/2016/ND-CP.

Nguyen Pham Nhut Tan

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