Penalties for violations of regulations on reporting occupational accidents in Vietnam

Penalties for violations of regulations on reporting occupational accidents in Vietnam (Internet image)

What are forms of reporting occupational accidents in Vietnam?

Pursuant to Clause 1, Article 34 of the Law on occupational safety and hygiene 2015, an occupational accident or a safety threat shall be reported as follows:

- Upon the occurrence or possible occurrence of the occupational accident or safety threat at the workplace, the victim or the witness shall immediately inform the person in charge and the employer to promptly give responses and eliminate the consequences;

- If the accident prescribed in Point a of this Clause is fatal or causes serious injuries to at least two employees, the employer shall immediately report the accident to the labor authority of province where the accident occurred; and concurrently inform police security authority of the district, town, city affiliated to province, or city affiliated to central-affiliated city (hereinafter referred to as the district) regarding the accident resulting in death.

- If the accident or breakdown occurs in following fields: radioactivity, petroleum exploration and extraction, vehicles of rail transport, waterway, road transport, air transport, and units of People’s armed forces, the employer shall report the accident/breakdown as prescribed in specialized legislation;

- If the accident is fatal or causes serious injuries to an employee without labor contract, his/her family or the witness shall immediately report such accident to the People’s Committee of commune, ward and town (hereinafter referred to as the commune) where the accident occurred.

If the accident is fatal or causes serious injuries to at least two employees, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.

If the safety threat occurs relating to an employee without labor contract, the witness shall immediately report the breakdown to the People’s Committee of commune where the breakdown occurred as prescribed in Article 19 and Article 36 of the Law on occupational safety and hygiene 2015.

Penalties for violations of regulations on reporting occupational accidents in Vietnam

Pursuant to Article 12 of the Law on occupational safety and hygiene 2015, which provides for the prohibited acts in ensuring occupational safety and health, including:

- Concealing, providing false information about occupational accidents or occupational diseases; failing to conform to requests or implement measures for occupational safety and hygiene causing damage or threaten lives, assets and environment; compelling employees to work or prevent employees from leaving the workplace when there are hazards of occupational accidents threatening their health or lives or compelling employees to keep working even though such hazards have not been eliminated.

- Evading paying or delaying paying insurance premiums; appropriating the insurance premiums or the insurance payout; cheating or forging documents on the insurance; failing to pay the insurance premiums for employees; managing and using the insurance fund not in accordance with regulations of law; illegally assessing database of the insurance.

In addition, according to Clause 3, Article 21 of Decree 12/2022/ND-CP, the fines for violations against regulations on OSH measures are as follows:

A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Failing to carry out periodic inspection and maintenance of machinery, equipment, factories or other facilities as prescribed;

- Failing to provide equipment meeting OSH standards at the workplace as prescribed;

- Failing to develop and adopt workplace incident or emergency response plans;

- Failing to develop plans on implementation of OSH measures at workplace when building, expanding or renovating construction structures and facilities used for production, use, maintenance and storage of machines, equipment, supplies or substances subject to strict OSH requirements;

- Failing to investigate occupational accidents falling under their jurisdiction as prescribed by law; failing to declare, or lately or untruthfully declaring occupational accidents; failing to declare, or lately or untruthfully declaring serious technical incidents threatening OSH;

- Failing to provide adequate shower rooms and toilets at workplace as prescribed by law;

- Failing to equip technical and medical equipment to ensure response and first aid tasks to be performed on time in case of serious technical incidents threatening OSH or occupational accidents.

Thus, the fine for violating the regulations on reporting occupational accidents can be up to 25,000,000 VND for the employer who violates this act.

Nguyen Pham Nhut Tan

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