When will the time limit for investigating labor accidents in the Ministry of Defense of Vietnam start counting?

When will the time limit for investigating labor accidents in the Ministry of Defense of Vietnam start counting? (Internet image)

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

1. When will the time limit for investigating labor accidents in the Ministry of Defense of Vietnam start counting?

According to Article 11 of Circular 01/2017/TT-BQP on the time for investigating labor accidents in the Ministry of Defense:

- The time for investigating a labor accident is calculated from the receipt of the report or declaration of the labor accident until the announcement of the investigation report of the labor accident:

+ Not exceeding 04 days for minor labor accidents;

+ Not exceeding 07 days for labor accidents causing serious injuries to one person;

+ Not exceeding 20 days for labor accidents causing serious injuries to two or more persons;

+ Not exceeding 30 days for fatal labor accidents; not exceeding 60 days for labor accidents requiring technical or forensic examination.

In cases where labor accidents have criminal characteristics and are investigated by the criminal investigation agency but later a decision is made not to initiate a criminal case, the investigation time is calculated from the date the labor accident investigation team receives complete documents, materials, and relevant means related to the labor accident.

- In complex labor accidents, the investigation may be extended once, but the extension period must not exceed the time limit specified in Article 11 of Circular 01/2017/TT-BQP. Before the expiration of the 05 working days investigation period, the leader of the labor accident investigation team must report the extension and obtain the consent of the decision-maker who established the labor accident investigation team.

2. Dossiers on labor accidents in the Ministry of Defense of Vietnam

Based on Article 12, Clause 1 of Circular 01/2017/TT-BQP on dossiers on labor accidents in Vietnam:

- The commanding officer of the unit where the labor accident occurred is responsible for preparing the labor accident file. The labor accident file includes the original or copies of the following documents:

+ Scene examination report (if available);

+ Scene diagram;

+ Scene photos, victim photos;

+ Autopsy report or injury examination report, except for cases of missing persons as declared by the court;

+ Technical examination report, forensic examination report, judicial examination report (if available);

+ Testimony of the victim, witnesses, or individuals related to the labor accident;

+ Labor accident investigation report;

+ Meeting minutes announcing the labor accident investigation report;

+ Medical certificate of the hospital for treatment (if available);

+ Hospital discharge certificate (if available).

- In a labor accident involving multiple victims, a separate file is created for each victim.

- Storage of dossiers on labor accidents:

+ The commanding officer of the unit where the labor accident occurred keeps the dossiers on labor accidents at the unit for a period of 15 years for fatal labor accidents or until the victim of other labor accidents retires;

+ The subordinate agencies of the Ministry of Defense and the Ministry of Defense itself store the dossiers on labor accidents according to the regulations of the Law on Archives.

To Quoc Trinh

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