Joint Circular No. 01/2007/TTLT/BLDTBXH-BCA-VKSNDTC guiding cooperation in handling fatal workplace accident cases and other workplace accidents with signs of criminal offenses

JOINT CIRCULAR

Guidelines for cooperation in handling cases of fatal workplace accidents and other workplace accidents with signs of criminal offenses

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Pursuant to the Criminal Procedure Code, Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Law on occupational safety and health, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and the Supreme People's Procuracy hereby issue guidelines for cooperation in handling cases of fatal workplace accidents and other workplace accidents with signs of criminal offenses as follows:

I. SCOPE AND APPLICABLE SUBJECTS

This Circular guides the coordination between the Workplace Accident Investigation Team (excluding Teams investigating workplace accidents occurring in enterprises under military forces) and the Criminal Investigation Agency and the People's Procuracy at the same level in handling cases of fatal workplace accidents and other workplace accidents with signs of criminal offenses.

II. CONTENTS OF COOPERATION IN HANDLING CASES OF FATAL WORKPLACE ACCIDENTS AND OTHER WORKPLACE ACCIDENTS WITH SIGNS OF CRIMINAL OFFENSES

1. General responsibilities

1.1. When discovering or receiving information about a fatal workplace accident or another workplace accident with signs of criminal offenses, the Workplace Accident Investigation Team and the authorized Criminal Investigation Agency must immediately go to the scene to coordinate in handling the workplace accident; simultaneously, the Criminal Investigation Agency shall notify the People's Procuracy at the same level to supervise the examination of the scene and autopsy.

1.2. In case the Workplace Accident Investigation Team or the Criminal Investigation Agency has not yet arrived at the location of the workplace accident, the agency that arrives first shall be responsible for notifying the agency that has not yet arrived (the Criminal Investigation Agency shall notify the Workplace Accident Investigation Team through the Provincial Labor Inspectorate). After notification, if the Workplace Accident Investigation Team does not arrive in time, the Criminal Investigation Agency shall still conduct the examination of the scene, autopsy, collect information and materials according to the law, and have the responsibility to inform the Workplace Accident Investigation Team of the matters within the scope of coordination as guided by this Circular that the Criminal Investigation Agency has carried out.

1.3. When the Workplace Accident Investigation Team and the Criminal Investigation Agency hand over materials, objects, and means related to the workplace accident as stipulated in Sections 2.2; 3.1; 3.2 of this Circular, they must prepare a record according to the model record issued together with this Circular.

2. Responsibilities of the Workplace Accident Investigation Team

2.1. Coordinate with the Criminal Investigation Agency in examining the scene and conducting autopsies of workplace accidents in accordance with the law. Upon request from the Criminal Investigation Agency, the Workplace Accident Investigation Team shall provide specialized information and materials on occupational safety and health and other relevant information and materials to serve the investigation and resolution of the workplace accident.

2.2. During the process of handling the workplace accident within its authority, if new circumstances with signs of criminal offenses are discovered, the Workplace Accident Investigation Team shall submit a written recommendation along with the original copies of the relevant materials and transfer related objects and means (if any) to the Criminal Investigation Agency for consideration and initiation of criminal proceedings according to the law; simultaneously, it shall send the recommendation for prosecution to the People's Procuracy at the same level.

3. Responsibilities of the Criminal Investigation Agency

3.1. In case the Criminal Investigation Agency issues a decision not to initiate criminal proceedings, upon request from the Workplace Accident Investigation Team, within five working days from the date of issuing the decision not to initiate criminal proceedings and with the consent of the People's Procuracy at the same level, the Criminal Investigation Agency shall be responsible for providing and transferring to the Workplace Accident Investigation Team copies of the following documents, objects, and means:

a) Decision not to initiate criminal proceedings;

b) Inspection record of the scene;

c) Diagram of the scene;

d) Scene photographs, victim photographs (if applicable);

đ) Record of examination of marks on the body; autopsy report (if any);

e) Statement-taking record of the victim (if applicable), witnesses, and parties with rights and obligations related to the labor accident;

g) Forensic examination results (if applicable);

h) Objects and means related to the workplace accident (if any) permitted to be transferred according to the law, accompanied by the record of seizure and temporary detention.

3.2. In case the Criminal Investigation Agency issues a decision to initiate criminal proceedings, upon request from the Workplace Accident Investigation Team, the Criminal Investigation Agency shall be responsible for sending a copy of the decision to initiate criminal proceedings to the Workplace Accident Investigation Team; simultaneously, when concluding the investigation, it shall send a copy of the investigative conclusion to the Workplace Accident Investigation Team. In case of suspension of investigation, the Criminal Investigation Agency shall be responsible for sending copies of the relevant documents and transferring related objects and means as stipulated in points b, c, d, đ, e, g, h of Section 3.1 of this Circular, along with a copy of the decision to suspend investigation and a copy of the investigative conclusion to the Workplace Accident Investigation Team.

3.3. Within twenty days from the date of receipt of the recommendation for prosecution accompanied by relevant materials from the Workplace Accident Investigation Team, the Criminal Investigation Agency shall be responsible for checking, verifying, and informing in writing the results of the handling of the recommendation for prosecution to the Workplace Accident Investigation Team. In case the workplace accident involves many complex circumstances or requires verification and checking at multiple locations, the response period may be extended but not exceeding two months.

4. Responsibilities of the People's Procuracy

4.1. The People's Procuracy shall be responsible for supervising the handling of recommendations for prosecution by the Workplace Accident Investigation Team; supervising the examination of the scene and autopsy, and supervising other investigative activities of the Criminal Investigation Agency during the process of handling the workplace accident in accordance with the law.

4.2. Annually, upon the proposal of the Ministry of Labor, Invalids and Social Affairs, the Supreme People's Procuracy provides the Ministry of Labor, Invalids and Social Affairs with the situation regarding the prosecution and indictment of criminal cases related to labor accidents nationwide.

III. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 08/TT-LB dated April 7, 1982 of the Joint Ministry of Labor and Internal Affairs (now the Ministry of Public Security and the Supreme People's Procuracy guiding the coordination relationship between the labor and internal affairs agencies (now the Ministry of Public Security) and the People's Procuracy in investigating and handling serious labor accidents.

2. In the course of implementation, if there are any difficulties, they should be reported to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and the Supreme People's Procuracy for study and resolution./.