Regulations on reporting occupational accidents and safety threat in Vietnam

Regulations on reporting occupational accidents and safety threat in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on reporting occupational accidents and safety threat in Vietnam

Regulations on reporting occupational accidents and safety threat in Vietnam according to Article 34 of the Law on occupational safety and hygiene 2015 are as follows:

- 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 2015w.

- The competent agency shall consider and deal with declaration of occupational accidents and safety threat, inform results of the informer and apply necessary measures for protection of legitimate rights and interests of the informer.

2. Regulations on investigation into occupational accidents or safety threat or serious safety threat in Vietnam

Regulations on investigation into occupational accidents or safety threat or serious safety threat in Vietnam according to Article 35 of the Law on occupational safety and hygiene 2015 as follows:

- Each employer shall establish an internal investigation group to investigate occupational accidents that cause minor or major injuries to one employee with their management, unless such employee has undergone investigation as prescribed in Clause 2 and Clause 3 of Article 35 of the Law on occupational safety and hygiene 2015 or as prescribed in specialized legislation.

Composition of the internal investigation group includes: the employer or representative of the employer who is the group leader and representatives of the Executive board of internal trade union or employees (for business entity having no internal trade union), occupational safety officers, health officers, etc., who are group members.

If the accident causes serious injuries to an employee without labor contract, the People’s Committee of commune shall immediately report to police authority of the district and labor authority of province where the accident occurred.

- Each labor authority of province shall establish a provincial investigation group to investigate fatal accidents or accidents that cause serious injuries to at least two employees, including employees without labor contracts, excluding the cases prescribed in Clause 4 of Article 35 of the Law on occupational safety and hygiene 2015;

And re-investigate occupational accidents that were investigated by the internal investigation group in case of complaints, denunciations, or where necessary..

Composition of the provincial investigation group shall include representative of Occupational Safety and Hygiene Inspectorate affiliated to a provincial authority who is the group leader and representatives of the Service of Health, Confederation of Labor, etc., who are group members.

- The Minister of Labor, War Invalids and Social Affairs or competent agency in charge of establishment of the central investigation group shall investigate occupational accidents so serious and complicated that they are beyond the capacity of the provincial group of investigation into occupational accidents; and re-investigate occupational accidents that were investigated by the provincial group of investigation into occupational accidents.

Composition of the central investigation group shall include representatives of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, Vietnam General Confederation of Labor and other members.

- Regarding the accidents and breakdowns prescribed in Point c Clause 1 Article 34 of the Law on occupational safety and hygiene 2015, the investigation shall be carried out according to specialized legislation, legislation on labor with the cooperation of Occupational Safety and Hygiene Inspectorate.

- The employers and persons involved in occupational accidents or safety threat or serious safety threat must cooperate with the investigation group, provide sufficient information and relevant materials and may not refuse or obstruct the investigation process.

If the employee has the accident while commuting between home and work, the competent agency shall provide one of the following documents to the investigation group:

+ A report on scene examination and a diagram of accident scene;

+ A report on investigation into traffic accident;

+ If there is no document prescribed in Point a and Point b of Clause 6 of Article 35 of the Law on occupational safety and hygiene 2015, a written confirmation issued by the police authority of the commune, ward or town where the accident occurred is required at the request of the employee or their relatives.

- Time limit for investigation of occupational accidents within competence of internal, provincial or central investigation group prescribed in Clause 1, 2 and 3 of Article 35 of the Law on occupational safety and hygiene 2015 from the date on which the report on the occupational accident is received to the date on which the report on investigation into the occupational accident is published is:

+ 04 days if the accident only causes minor injuries to employees;

+ 07 days if the accident causes major injuries to an employee;

+ 20 days if the accident causes major injuries to at least two employees;

+ 30 days if the accident is fatal; 60 days if the accident requires technical assessment or forensic examination. If the accident is suspected to be a crime and investigated by an investigating agency but there is no decision on criminal prosecution, the time limit for investigation shall be begin from the date on which the investigation group receives adequate materials, objects, or vehicles related to the accident.

If the accident mentioned in Points b, c, and d of Clause 7 of Article 35 of the Law on occupational safety and hygiene 2015 has complicated facts, it shall be granted an extension provided that it does not exceed the time limit prescribed in those Points; the extension must be reported and concurred with by the person issuing the decision on establishment of the investigation group regarding occupational accidents prescribed in Points b, c and d of Clause 7 of Article 35 of the Law on occupational safety and hygiene 2015 by the investigation group leader.

- During the investigation process prescribed in Clauses 1, 2 and 3 of Article 35 of the Law on occupational safety and hygiene 2015, if there is any sign of crime, the investigation group shall send reports enclosed with materials, transfer relevant items and vehicles (if any) to the investigating agency for consideration, criminal prosecution as prescribed in legislation on criminal proceedings.

The time limit for criminal prosecution shall comply with legislation on criminal procedures; if the investigating agency decides not to initiate the prosecution, within 05 days, from the date on which the decision not to initiate criminal prosecution, the investigating agency shall provide and transfer materials, objects or vehicles related to the accident to the investigation group.

- The report on investigation into the occupational accident shall be announced in the meeting presided over by the group leader and group members, the employer or representative of the employer, representatives of trade union, victims or representative of victims’ relatives, witnesses or relevant parties in the accident; if the accident cause death to the employee, there are also representatives of police authority and People’s Procuracy at the same level.

The report on investigation into the accident and the meeting minutes shall be sent to agencies having the group members, the labor authority, and the employer of the business entity having the accident and victims or their relatives.

- Responsibility to publish the report on investigation into the accident and necessary information about the accident:

+ The employer shall publish information if it is required to investigate the occupational accident prescribed in Clause 1 of Article 35 of the Law on occupational safety and hygiene 2015; the People’s Committee of the commune shall publish information about the occupational accident in which the People’s Committee of the commune makes the report;

+ The investigation group leader or the competent agency in charge of the investigation into the occupational accidents prescribed in Clause 2 and Clause 2 of Article 35 of the Law on occupational safety and hygiene 2015 shall publish information;

+ The investigation group leader or the competent agency in charge of the investigation into the occupational accidents shall publish information, unless otherwise prescribed by specialized legislation.

The receiving the report on investigation into the occupational accidents and the meeting minutes, the employer shall post them on the bill publicly and sufficiently for all employees in the business entity; regarding occupational accidents occurring to employees without labor contracts, the People’s Committee of the commune shall post them on the bill for the people of the commune;

+ The investigation group leader or the competent agency in charge of the investigation into the occupational accidents or breakdowns prescribed in Clause 4 of Article 35 of the Law on occupational safety and hygiene 2015, or safety threat and serious safety threat shall publish the reports on investigation and relevant necessary information after the time limit for investigation expires, unless otherwise prescribed by specialized legislation.

- If the time for investigation into the occupational accident, safety threat and serious safety threat prescribed in Article 35 of the Law on occupational safety and hygiene 2015 expires the time limit as prescribed and cause damage to the lawful rights and interests of employees or employer, it is required to pay compensation as prescribed.

- The Government shall provide guidance on classification, reporting, investigation, and statistical reports on occupational accidents, safety threat or serious safety threat and provision of occupational accident benefits for employees in case there are decision on crime prosecution for occupational accidents.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE