Time and content of notification of occupational accident in Vietnam

Regulations on classification of occupational accidents in Vietnam

Based on the provisions of Article 9 of Decree 39/2016/ND-CP, occupational accidents are classified into the following types:

(1) Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:

- Death at the scene of accident;

- Death on the way to an emergency or during an emergency;

- Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;

- The employee is declared dead according to the conclusion of the Court for missing case.

(2) Occupational accident causing serious injury to employee (hereafter referred to as serious occupational accident) is the one which causes at least one of injury to the employee as stipulated in Appendix II issued with Decree 39/2016/ND-CP,.

(3) Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in (1) and (2).

 Time and content of notification of occupational accident in Vietnam (Internet image) 

Regulations on time and content of notification of occupational accident in Vietnam

Pursuant to Article 10 of Decree 39/2016/ND-CP, time and content of notification of occupational accident in Vietnam as follows:

- When notified of occupational accident which causes death or injures 02 employees or more, the employer of the facility where the accident occurs must make notification as specified under Point b, Paragraph 1, Article 34 of the Law on occupational safety and hygiene 2015 as follows:

+ Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence; case of fatal accident while informing the police agency of district, town, provincial city, city of centrally-run city (hereafter referred to as district-level Police);

+ The content of notification is under the Form specified in Appendix III issued with Decree 39/2016/ND-CP,.

- When notified of occupational accident which causes death or injures 02 employees or more in the fields of radioactivity, exploration and extraction of oil and gas, means of transport of railway, waterway, roadway, airway and the units of the people’s armed forces as specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and hygiene 2015, the employer of the facility where the accident occurs must give notice as follows:

+ Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence and to the Ministry managing such sector or field under authority specified in Paragraph 2, Article 21 of Decree 39/2016/ND-CP,, unless otherwise specified by the specialized law; in case of fatal accident, notifies the district-level police;

+ The content of notification is under the Form specified in Appendix III issued with Decree 39/2016/ND-CP,.

- When the occupational accident occurs to the employee not working under labor contract, the notification specified under Point Article, Paragraph 1, Article 34 of the Law on occupational safety and hygiene 2015 is made as follows:

+ Immediately after learning the workers is dead or seriously injured due to occupational accident, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets (hereinafter referred to as the commune-level People's Committee) where the occupational accident occurs.

+ When notified of occupational accident which causes death or seriously injures 02 employees or more, the communal People’s Committee where the accident occurs must notify by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs and district-level police under the Form specified in Appendix IV issued with Decree 39/2016/ND-CP,.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE