Circular No. 01/2017/TT-BQP stipulates the declaration, investigation, statistics, and reporting of workplace accidents within the Ministry of National Defense.

CIRCULAR

Regulations on reporting, investigation, statistics, and reporting

work-related accidents within the Ministry of National Defense

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government promulgating regulations on functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2015 of the Government detailing implementation of certain provisions of the Labor Safety and Health Law;

Considering the proposal of the Director of the General Technical Department;

The Minister of National Defense hereby stipulates the reporting, investigation, statistics, and reporting of work-related accidents within the Ministry of National Defense.Article 1. Reporting, investigation, statistics, and reporting of work-related accidents within the Ministry of National Defense.1. Organs, units, enterprises, public administrative and service organizations, and mass organizations within the Ministry of National Defense performing training, instruction, and standing combat readiness duties when engaged in production and business activities involving labor (hereinafter referred to collectively as employers), including:2. Military personnel, defense workers, and civil servants, employees working under contracts, including civilian self-defense forces and reservists when performing national defense and security tasks (hereinafter referred to collectively as employees).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Work-related accidents

Article 2. Applicability

A work-related accident is an incident causing injury to any part or function of the body or resulting in death of an employee occurring during the course of work, closely associated with the performance of work tasks, including:

1. Accidents occurring during the course of work closely associated with the performance of tasks such as: training, duty, study, production work, or other tasks as prescribed by the Ministry of National Defense.

2. Accidents occurring during the performance of other tasks assigned by a commander (employer) or a person authorized in writing by the employer.

3. Accidents occurring to employees at the workplace and during working hours, including when carrying out necessary living needs permitted by the Labor Code and unit regulations (rest breaks, mid-shift meals, physical nourishment supplements, menstrual hygiene, bathing, breastfeeding, using the restroom, and other activities).

4. Accidents occurring to employees traveling from their residence to the workplace or from the workplace back to their residence within a reasonable time frame and route.

5. Accidents occurring to employees while performing tasks abroad pursuant to a decision of the Minister of National Defense (attending conferences, seminars, short-term studies, practical research; going abroad for work, internship to improve skills according to the Law on Vietnamese Workers Going Abroad for Employment under Contracts).

Article 4. Classification of work-related accidents

Classification of work-related accidents shall be carried out in accordance with the provisions of Article 9 of Decree No. 39/2016/NĐ-CP, specifically as follows:

1. Work-related accidents resulting in the death of an employee (hereinafter referred to as fatal work-related accidents) are work-related accidents where the employee dies in one of the following circumstances:

c) Death during treatment or due to the recurrence of injuries caused by the work-related accident as concluded in the forensic medical examination report;

d) The employee is declared dead by the court's conclusion in cases of disappearance.

2. Work-related accidents resulting in serious injury to an employee (hereinafter referred to as serious work-related accidents) are work-related accidents causing at least one of the injuries specified in Appendix I attached hereto.

c) Death during treatment or due to recurrence of injuries caused by the seafaring workplace accident as concluded in the forensic medical report;

d) The crew member is declared dead by a court in cases of disappearance.

3. Work-related accidents resulting in minor injury to an employee (hereinafter referred to as minor work-related accidents) are work-related accidents not falling under the circumstances stipulated in Clause 1 and Clause 2 of this Article.

REPORTING, INVESTIGATION, STATISTICS, AND REPORTING OF WORK-RELATED ACCIDENTS

2. A work-related accident causing serious injury to a worker (hereinafter referred to as a serious work-related accident) is a work-related accident causing at least one of the injuries specified in Appendix I attached hereto.

3. A work-related accident causing minor injury to a worker (hereinafter referred to as a minor work-related accident) is a work-related accident not falling under the cases stipulated in Clause 1 and Clause 2 of this Article.

Chapter II

REPORTING, INVESTIGATION, STATISTICAL ANALYSIS AND REPORTING OF WORK-RELATED ACCIDENTS

Article 5. Time and Content of Reporting Work-Related Accidents

1. When receiving information about a work-related accident resulting in death or causing serious injury to two or more people, the unit commander directly responsible for the work-related accident must report it immediately (directly, by telephone, fax, telegram, email) to the Technical Office (or the office managing safety and labor protection work), Criminal Investigation Office, and relevant functional agencies under the direct subordinates of the Ministry of National Defense (in accordance with the management hierarchy). The direct subordinates must report immediately to the Ministry of National Defense through the General Department of Technology, Criminal Investigation Bureau, and relevant functional agencies of the Ministry of National Defense, according to the following principles:

a) If a work-related accident occurs within the jurisdiction of a unit, that unit must report it.

b) In cases where a worker dies during treatment or due to the recurrence of the original work-related injury (as concluded in the forensic medical examination report), the unit commander directly managing the worker must report to the functional agency that participated in the investigation of the work-related accident.

c) The content of the report shall be in accordance with the form prescribed in Appendix II issued together with this Circular.

2. When receiving information about a work-related accident resulting in death or causing serious injury to two or more people in fields such as radiation, exploration, oil and gas extraction, railway transportation, waterway transportation, air transportation, in addition to the reporting content prescribed in Clause 1 of this Article, the unit commander directly responsible for the work-related accident must report immediately to the agency responsible for state management in those fields under the Ministry of National Defense to coordinate in organizing the investigation.

3. For work-related accidents resulting in death or causing serious injury to two or more workers occurring abroad for Vietnamese workers as stipulated in Clause 5, Article 3 of this Circular, the unit commander directly managing those workers must implement reporting according to the following principles:

a) Within five working days from the date of receiving information about the work-related accident, report immediately to the Technical Office (or the office managing safety and labor protection work), Criminal Investigation Office, and relevant functional agencies under the direct subordinates of the Ministry of National Defense (in accordance with the management hierarchy). The direct subordinates must report immediately to the Ministry of National Defense through the General Department of Technology, Criminal Investigation Bureau, and relevant functional agencies of the Ministry of National Defense;

b) In cases where workers participating in a group organized by another unit die or suffer serious work-related injuries, within five working days from the date of receiving information about the work-related accident, the unit organizing the group must inform the unit directly managing the injured workers so they can carry out the reporting according to Point a, Clause 3 of this Article;

c) The content of the report shall be in accordance with the form prescribed in Appendix III issued together with this Circular.

Article 6. Decision to Establish the Accident Investigation Team

1. The Basic Level Accident Investigation Team (at the division level; independent regiment or battalion or equivalent).

a) Upon receiving information about a minor work-related accident or a work-related accident causing serious injury to one worker under their management authority, the unit commander decides to immediately establish a Basic Level Accident Investigation Team according to the form prescribed in Appendix III issued together with this Circular;

b) The composition of the Basic Level Accident Investigation Team includes: The unit commander or a person authorized to head the team; representatives from the following offices: the Trade Union Committee at the basic level (or representatives of the workforce when the unit has not yet established a basic level trade union); military medical personnel; military training (for work-related accidents occurring during training, competitions, exercises); personnel engaged in safety and labor protection work of the unit; personnel engaged in specialized work related to the work-related accident;

c) For work-related accidents occurring within the jurisdiction but involving victims from other units, the unit commander where the accident occurred is responsible for establishing a Basic Level Accident Investigation Team; the composition follows the provisions of Point b, Clause 1 of this Article, while inviting a representative from the unit commander of the injured worker to participate in the investigation team.

2. The Accident Investigation Team at the Direct Subordinate Level of the Ministry of National Defense (military region, corps, branch, border guard, general department, academy, school, and other units directly subordinate to the Ministry of National Defense).

a) Upon receiving information about a work-related accident resulting in death or causing serious injury to two or more people under their management authority, the unit commander (at the direct subordinate level of the Ministry of National Defense) decides to establish an Accident Investigation Team based on the proposal of the Chief of the Technical Office or the head of the office managing safety and labor protection work according to the form prescribed in Appendix III issued together with this Circular;

b) The composition of the Accident Investigation Team at the Direct Subordinate Level of the Ministry of National Defense includes: The Commander of the Technical Office (or the office managing safety and labor protection work) at the direct subordinate level of the Ministry of National Defense as the head of the team; representatives from the following offices: Trade Union, Military Medical Personnel, Policy Office, Military Training (for work-related accidents occurring during training, competitions, exercises) at the same level and representatives from the unit where the accident occurred (when deemed necessary). For serious and complex cases, the Head of the Accident Investigation Team invites a representative from the Criminal Investigation Office at the same level to participate;

c) For work-related accidents as stipulated in Clause 3, Article 5 of this Circular, after receiving all required files and documents, the unit commander (at the direct subordinate level of the Ministry of National Defense) decides to establish an Accident Investigation Team at the Direct Subordinate Level of the Ministry of National Defense according to the provisions of Point b, Clause 2 of this Article, conducts the investigation, and prepares a verification record of the work-related accident.

3. The Accident Investigation Team at the Ministry of National Defense Level

a) The Chief of the General Department of Technology decides to establish based on the proposal of the head of the Safety and Labor Protection Office of the Military according to the form prescribed in Appendix IV issued together with this Circular;

b) The members of the Ministry of National Defense's Accident Investigation Team include representatives from the following agencies: the Safety and Labor Protection Agency of the Military serving as the team leader; the National Defense Trade Union Board; the Medical Service Department; the Policy Department; the Training Department (for accidents occurring during training, competitions, or sports events); and other relevant functional agencies of the unit where the accident occurred (if deemed necessary). In cases of serious and complex accidents, the Head of the Accident Investigation Team may invite representatives from the Criminal Investigation Department to participate.

c) For accidents specified in Clause 2, Article 5 of this Circular, the Accident Investigation Team shall be established by the head of the agency or unit with the function of assisting the Ministry of National Defense in managing the relevant sector upon the proposal of the competent agency, and notify the General Department of Technology to send representatives to join the investigation team, while also inviting representatives from the agencies stipulated in point b, Clause 3, Article 5 of this Circular to participate (if deemed necessary).

Article 7. Duties of members of the Accident Investigation Team

1. The Head of the Accident Investigation Team has the following duties:

a) To decide to immediately conduct the investigation, even in the absence of one of the members of the Accident Investigation Team.

b) To assign specific tasks to each member of the Accident Investigation Team.

c) To organize discussions on the results of the accident investigation; to make decisions and bear responsibility for those decisions regarding the results of the accident investigation.

d) To organize and chair the meeting to announce the accident investigation report.

2. Members of the Accident Investigation Team have the following duties:

a) To carry out the tasks assigned by the team leader and participate in the common activities of the Accident Investigation Team.

b) To have the right to raise and retain their opinions; in case of disagreement with the decision of the Head of the Accident Investigation Team, they must report to their immediate commanding officer.

c) Not to disclose information or documents during the investigation process before the accident investigation report is announced.

Article 8. Procedures and formalities for investigating accidents at the grassroots level

The Accident Investigation Team at the grassroots unit investigates according to the following procedures and formalities:

1. Collecting traces, evidence, and related documents concerning the accident.

2. Taking statements from the victim, witnesses, or persons related to the accident according to the model prescribed in Appendix V attached to this Circular.

3. Requesting technical appraisal or forensic medical examination (if deemed necessary).

4. Analyzing conclusions about: the course of the accident; causes of the accident; conclusions about the accident; the degree of violation and recommendations for handling those responsible for the accident; measures to rectify and prevent similar accidents from recurring.

5. Preparing the accident investigation report according to the model prescribed in Appendix VI attached to this Circular.

6. Organizing a meeting and preparing the minutes of the meeting announcing the accident investigation report according to the model prescribed in Appendix VIII attached to this Circular.

7. The participants in the meeting to announce the accident investigation report include:

a) The Head of the Accident Investigation Team.

b) The commander of the unit where the accident occurred.

c) Members of the Accident Investigation Team.

d) The person who suffered the accident or a representative of the family of the person who suffered the accident, a witness, or a person related to the accident.

đ) A representative of the Grassroots Trade Union Committee or the Trade Union Committee of the direct superior body where the Grassroots Trade Union Committee has not been established.

e) A representative of the directly superior management agency of the unit (if deemed necessary).

8. Participants in the meeting who disagree with the contents of the accident investigation report may record their opinions and sign the minutes of the meeting announcing the accident investigation report.

9. Within three working days from the date of announcing the accident investigation report, the grassroots Accident Investigation Team shall submit the accident investigation report and the minutes of the meeting announcing the accident investigation report to the person who suffered the accident or the family of the person who suffered the accident; the technical agency or the agency managing safety and labor protection work under the Ministry of National Defense.

Article 9. Procedure and formalities for investigating workplace accidents at subordinate levels under the Ministry of National Defense

The workplace accident investigation team at the subordinate level under the Ministry of National Defense shall conduct investigations according to the following procedures and formalities:

1. Implement the contents prescribed in Clauses 1, 2, 3, and 4 of Article 8 of this Circular.

2. Prepare the Workplace Accident Investigation Report in accordance with the model specified in Appendix VII attached to this Circular.

3. Organize a meeting and prepare the minutes of the meeting to announce the Workplace Accident Investigation Report in accordance with the model specified in Appendix VIII attached to this Circular at the unit where the workplace accident occurred.

4. Participants in the meeting to announce the Workplace Accident Investigation Report include:

a) The head of the workplace accident investigation team (to chair the meeting);

b) Members of the workplace accident investigation team;

c) Commanding officer of the unit where the workplace accident occurred;

d) The person who was injured or a representative of the family member of the injured worker, or a person who knows about the incident or is related to the accident;

đ) A representative of the Grassroots Trade Union Committee or the Trade Union Committee of the direct superior body where the Grassroots Trade Union Committee has not been established.

e) Invite representatives from the Criminal Investigation Agency and the Military Prosecutor's Office at the same level that participated in the investigation in cases involving fatal workplace accidents.

5. If members attending the meeting have objections to the contents of the Workplace Accident Investigation Report, they may record their opinions and sign on the minutes of the meeting announcing the Workplace Accident Investigation Report; the commanding officer signs and stamps (if applicable) on the minutes of the meeting announcing the Workplace Accident Investigation Report.

6. Within three working days from the date of the meeting to announce the Workplace Accident Investigation Report, the workplace accident investigation team at the subordinate level under the Ministry of National Defense shall send the Workplace Accident Investigation Report and the minutes of the meeting announcing the Workplace Accident Investigation Report to the agencies with members in the workplace accident investigation team, the General Department of Technical Services, the commanding officer of the unit where the workplace accident occurred, and the victims or family members of the injured workers.

Article 10. Procedure and formalities for investigating workplace accidents at the Ministry of National Defense level

The workplace accident investigation team at the Ministry of National Defense level shall conduct investigations according to the following procedures and formalities:

1. After issuing the decision to establish the team, the head of the workplace accident investigation team immediately notifies the agencies included in the composition of the workplace accident investigation team as prescribed in Clause 3 of Article 6 of this Circular to join the workplace accident investigation team.

2. The workplace accident investigation team arrives at the location of the accident, requests the commanding officer of the unit and the competent authority to provide relevant documents, files, and means related to the accident, and cooperates with the local Criminal Investigation Agency to conduct on-site investigations to prepare the report on the examination of the scene, examination of injuries, collection of evidence and relevant documents related to the accident.

3. Implement the contents as prescribed in Clauses 2, 3, and 4 of Article 9 of this Circular.

4. If participants in the meeting have objections to the contents of the Workplace Accident Investigation Report, they may record their opinions and sign on the minutes of the meeting announcing the Workplace Accident Investigation Report; the commanding officer signs and stamps (if applicable) on the minutes of the meeting announcing the Workplace Accident Investigation Report.

5. Within three working days from the date of the meeting to announce the Workplace Accident Investigation Report, the workplace accident investigation team at the Ministry of National Defense level shall send the Workplace Accident Investigation Report and the minutes of the meeting announcing the Workplace Accident Investigation Report to the agencies with members in the workplace accident investigation team, the commanding officer of the unit where the workplace accident occurred, and the victims or family members of the injured workers; in cases of investigating workplace accidents as prescribed in point c of Clause 3 of Article 6 of this Circular, the General Department of Technical Services must also be notified simultaneously.

Article 11. Time limit for investigating workplace accidents

1. The time limit for investigating a workplace accident is calculated from the moment of receiving information about the accident to the date of publishing the investigation report on the workplace accident:

a) Not exceeding four days for minor workplace accidents;

b) Not exceeding seven days for workplace accidents causing serious injury to one person;

c) Not exceeding twenty days for workplace accidents causing serious injury to two or more persons;

d) Not exceeding thirty days for workplace accidents resulting in death; not exceeding sixty days for workplace accidents requiring technical appraisal or forensic examination.

In cases where workplace accidents have criminal elements investigated by criminal investigation agencies but subsequently decide not to initiate criminal proceedings, the time limit for investigation shall be counted from the moment when the workplace accident investigation team receives all relevant materials, objects, and means related to the accident.

2. For workplace accidents with complex circumstances, the investigation may be extended once, but the extension period shall not exceed the time specified in Clause 1 of this Article; five working days before the end of the investigation period, the head of the workplace accident investigation team must report the extension and obtain approval from the decision-making authority for establishing the workplace accident investigation team.

Article 12. Documentation for Workplace Accidents

1. The commander of the unit where the workplace accident occurred is responsible for preparing the documentation for the workplace accident. The documentation for the workplace accident includes original or copies of the following documents:

a) The scene examination report (if any);

b) Diagram of the scene;

c) Scene photos, victim photos;

d) Autopsy report or examination report of injuries, except in cases of disappearance declared by the Court;

đ) Technical appraisal report, forensic examination report, judicial appraisal report (if applicable);

e) Statement-taking record of the victim, witness, or person related to the workplace accident;

g) Workplace accident investigation report;

h) Minutes of the meeting announcing the workplace accident investigation report;

i) Medical injury certificate issued by the treating hospital (if applicable);

k) Discharge certificate issued by the treating hospital (if applicable).

2. In cases where multiple people are involved in a workplace accident, each injured person shall have their own separate documentation.

3. Storage of Workplace Accident Documentation

a) The commander of the unit where the workplace accident occurred shall store the workplace accident documentation at the unit for fifteen years in the case of fatal workplace accidents or until the injured person retires in other cases;

b) The agency responsible for establishing the workplace accident investigation team at the level directly under the Ministry of National Defense and at the Ministry of National Defense level shall store the workplace accident documentation according to the regulations stipulated in the Law on Archives.

Article 13. Reinvestigation of Workplace Accidents upon Complaints or Allegations

1. Within ninety days from the date of publication of the workplace accident investigation report, if there are complaints or allegations in accordance with the provisions of the law, the reinvestigation shall be conducted as follows:

a) Within ten working days from the receipt of the complaint or allegation, the agency responsible for establishing the workplace accident investigation team shall examine and resolve the complaint or allegation in accordance with the procedures, formalities, and jurisdiction prescribed in the Law on Complaints and the Law on Allegations;

b) If the complainant or accuser does not agree with the response of the responsible agency or organization as stated in Point a, Clause 1 of this Article and continues to complain or allege, then the higher authority with jurisdiction shall establish a workplace accident investigation team to conduct the reinvestigation, and simultaneously notify the complainant or accuser of the results of the reinvestigation in writing; if reinvestigation is not conducted, the reasons must be clearly stated;

c) The unit where the workplace accident occurred and the grassroots workplace accident investigation team shall be responsible for providing all relevant materials, objects, and means related to the workplace accident to the workplace accident reinvestigation team at the level directly under the Ministry of National Defense;

d) The workplace accident investigation team at the level directly under the Ministry of National Defense shall be responsible for providing all relevant materials, objects, and means related to the workplace accident to the workplace accident reinvestigation team at the Ministry of National Defense level;

đ) The conclusion of the workplace accident reinvestigation team at the Ministry of National Defense level is the final conclusion.

2. The previous workplace accident investigation report will lose its legal effect when the reinvestigation report is published.

Article 14. Responsibilities of the unit commander in case of workplace accidents

1. Timely organize first aid and emergency care for injured persons.

2. Report workplace accidents in accordance with Article 5 of this Circular;

3. Maintain the accident scene in cases of fatal workplace accidents and serious workplace accidents according to the following principles:

a) In cases where immediate medical assistance is required for the injured person, and preventing potential risks and losses to others that may disrupt the scene, the unit commander must be responsible for redrawing the accident scene diagram, preparing a record, taking photographs, and filming the scene (if possible);

b) The accident scene can only be cleared and burials carried out (if applicable) after completing the investigation of the workplace accident as stipulated in this Circular and obtaining written consent from the investigation team of the competent military department or criminal investigation agency.

4. Immediately provide relevant materials, objects, and means related to the workplace accident upon request by the superior accident investigation team or authorized criminal investigation agency and bear legal responsibility for those materials, objects, and means.

5. Create conditions for workers involved in the workplace accident to provide information to the accident investigation team or authorized criminal investigation agency when requested.

6. Establish a grassroots-level accident investigation team to investigate workplace accidents in accordance with the provisions of Clause 1, Article 6 of this Circular.

7. Fully inform all personnel in the unit about the workplace accident.

8. Complete and store the accident records for workers in accordance with the provisions of Clause 3, Article 12 of this Circular.

9. Pay for expenses incurred in investigating workplace accidents, including re-investigating workplace accidents as stipulated in Article 18 of this Circular.

10. Implement measures to address and resolve consequences caused by workplace accidents; organize lessons learned; implement and report on the results of implementing recommendations recorded in the accident investigation record; handle those responsible for causing the workplace accident within their authority.

11. Investigate and verify workplace accidents involving Vietnamese workers working abroad as stipulated in Clause 5, Article 3 of this Circular:

a) For fatal workplace accidents or those resulting in two or more seriously injured persons, within five days from the end of the investigation, the unit commander must provide relevant files and materials concerning the workplace accident as specified in point b, Clause 11 of this Article to the Technical Agency or the safety and labor protection management agency of subordinate departments under the Ministry of National Defense for review and verification of the workplace accident according to the model prescribed in Appendix XII attached to this Circular;

b) The unit commander with workers involved in the accident must establish and retain relevant files and materials concerning the workplace accident, including: Decision of the Head of the Ministry of National Defense dispatching workers to work abroad (to attend conferences, seminars, short-term training, practical research; to work, intern, and improve skills abroad under the Law on Vietnamese Workers Working Abroad under Contracts); certified translation and copy of the site inspection record by the authorized foreign agency; certified translation and copy of the site diagram by the authorized foreign agency, site photos, victim photos; certified translation and copy of the autopsy or injury examination record; certified translation and copy of the statement-taking record of the victim, witness, or person related to the accident (if applicable); certified translation and copy of the accident certificate issued by the authorized foreign agency; certified translation and copy of the injury certificate issued by the foreign healthcare facility or Vietnamese healthcare facility; certified translation and copy of the discharge certificate issued by the foreign hospital or Vietnamese healthcare facility (if treated in Vietnam).

Article 15. Coordination between accident investigations resulting in death and other work accidents with signs of criminal offenses

1. The coordination in investigating work accidents resulting in death shall be carried out as follows:

a) Upon discovering or receiving information about a work accident resulting in death, the accident investigation team under the Ministry of National Defense at the relevant level shall be responsible for coordinating with the competent criminal investigation agency to conduct preliminary investigation: examining the scene, autopsy, taking statements, collecting relevant files and materials; simultaneously notifying the Military Prosecutor's Office at the same level to supervise the examination of the scene and autopsy;

b) The agency arriving at the accident site first shall be responsible for informing the subsequent arriving agency (the criminal investigation agency shall inform the accident investigation team under the Ministry of National Defense through the technical agency or the safety and labor protection management agency). After notification, if the accident investigation team under the Ministry of National Defense has not arrived in time, the criminal investigation agency shall still proceed with examining the scene, autopsy, taking statements, collecting relevant files and materials in accordance with the provisions of the Law and shall be responsible for informing the accident investigation team under the Ministry of National Defense about the tasks that the criminal investigation agency has carried out within the scope of the coordination relationship stipulated in Point a Clause 1 of this Article;

c) When requested by the criminal investigation agency and the Military Prosecutor's Office, the accident investigation team under the Ministry of National Defense shall be responsible for providing specialized information and materials on safety and hygiene at work and information and materials serving the investigation and resolution of the work accident;

d) After completing the examination of the scene and autopsy, the criminal investigation agency shall provide copies of the examination records of the scene and autopsy to the accident investigation team under the Ministry of National Defense;

đ) Within ten working days from the completion of the initial investigation coordination, the accident investigation team under the Ministry of National Defense shall send a letter to the criminal investigation agency and the Military Prosecutor's Office participating in the coordination, clearly stating the viewpoint on the cause, fault of the person involved, and whether this is a work accident or not;

e) Within ten working days from the date of receipt of the letter from the accident investigation team under the Ministry of National Defense, the criminal investigation agency shall issue a document responding whether this is a work accident or not or not yet clearly determined;

g) In case the criminal investigation agency determines it to be a work accident, the accident investigation team under the Ministry of National Defense shall conduct the investigation and conclusion according to the provisions of Article 8 of this Circular and notify the results to the criminal investigation agency and the Military Prosecutor's Office at the same level;

h) In case the criminal investigation agency has not determined it to be a work accident, the accident investigation team under the Ministry of National Defense shall suspend the investigation of the accident until there is a conclusion from the criminal investigation agency;

2. The coordination in investigating work accidents with signs of criminal offenses shall be carried out as follows:

a) During the investigation of work accidents according to the authority prescribed in Articles 8, 9, 10, 13, and 16 of this Circular, if circumstances indicating signs of criminal offenses are discovered, the accident investigation team shall submit a document requesting prosecution along with the original documents and transfer related items and means (if any) to the criminal investigation agency according to the model prescribed in Appendix IX issued together with this Circular for consideration and initiation of a criminal case in accordance with the provisions of the Law; simultaneously submitting a document requesting prosecution to the Military Prosecutor's Office at the same level;

b) The criminal investigation agency shall be responsible for handling the request for prosecution and reporting the result of handling in accordance with the provisions of the Law;

3. Responsibilities of the criminal investigation agency in cases where a decision is made not to initiate a criminal case against a work accident are as follows:

a) Within twenty-four hours from the issuance of the decision not to initiate a criminal case against the work accident, the criminal investigation agency shall be responsible for sending the decision not to initiate a criminal case and related documents to the Military Prosecutor's Office at the same level;

b) Within three days from the date of receipt of the document agreeing not to initiate a case from the Military Prosecutor's Office, the criminal investigation agency shall send the decision not to initiate a criminal case against the work accident, while transferring the related documents, items, and means of the case to the accident investigation team for the case proposed in Point a Clause 2 of this Article or to the agency with the authority to establish an accident investigation team corresponding to the work accident as prescribed in Article 8 of this Circular;

4. Responsibilities of the criminal investigation agency in cases where a decision is made to initiate a criminal case against a work accident are as follows:

a) Within twenty-four hours from the issuance of the decision to initiate a criminal case against the work accident, the criminal investigation agency shall send the decision to initiate the case along with related documents to the Military Prosecutor's Office at the same level; simultaneously sending a copy of the decision to initiate the criminal case to the technical agency or the safety and labor protection management agency of the main-level unit under the Ministry of National Defense;

b) Within two days from the date of the investigative conclusion, the criminal investigation agency shall send the investigative conclusion to the Military Prosecutor's Office at the same level, the technical agency or the safety and labor protection management agency of the main-level unit under the Ministry of National Defense;

c) Within twenty days from the date of the decision to terminate the investigation, the criminal investigation agency shall transfer the related documents, items, and means of the case to the accident investigation team for the case proposed in Point a Clause 2 of this Article or to the agency with the authority to establish an accident investigation team corresponding to the work accident as prescribed in Article 8 of this Circular.

5. When conducting the handover of documents, items, and means related to the labor accident as specified in Point a Clause 2, Point b Clause 3, and Point c Clause 4 of this Article, a handover protocol must be established according to the model prescribed in Appendix IX issued together with this Circular. The documents, items, and means for handover include:

a) Decision not to initiate criminal proceedings in cases as stipulated in Point b Clause 3 of this Article;

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 applicable);

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) Items and means related to the labor accident (if applicable) that are permitted to be transferred according to the provisions of the Law, accompanied by a record of seizure and temporary detention.

6. Annually, the Criminal Investigation Bureau shall notify in writing to the Technical General Department about the situation of labor accidents suspected of criminal offenses that have been initiated, not initiated, suspended, and recommended for prosecution.

7. Annually, the Central Military Procuracy shall be responsible for notifying in writing to the Technical General Department about the situation of initiation, prosecution, and trial of criminal cases related to labor accidents throughout the military.

Article 16. Investigation of Labor Accidents Resulting in Worker Injury That Later Become Fatal

For labor accidents resulting in worker injury under the jurisdiction of unit commanders (basic-level accident investigation teams), but where the worker dies during treatment or due to recurrence of the injury caused by the labor accident, the coordination of investigations shall proceed as follows:

1. The basic-level accident investigation team shall be responsible for transferring all relevant files concerning the ongoing labor accident investigation to the higher-level accident investigation team under the Ministry of National Defense.

2. In cases where the basic-level accident investigation team has not yet commenced or completed the investigation, the higher-level accident investigation team under the Ministry of National Defense shall continue the investigation according to the procedures and investigation processes for fatal labor accidents as prescribed in Article 8 of this Circular.

3. In cases where the basic-level accident investigation team has completed the investigation of the labor accident, the higher-level accident investigation team under the Ministry of National Defense shall review the labor accident file and assess the investigation results of the basic-level accident investigation team; if necessary, they shall conduct a re-investigation and establish an investigation record for the labor accident as prescribed in Article 8 of this Circular.

Article 17. Investigation of Traffic Accidents Related to Labor Accidents

In cases where workers suffer traffic accidents while performing work tasks or duties, or when traveling from their residence to their workplace and vice versa, the authorized accident investigation team as stipulated in Article 6 of this Circular shall verify and establish an investigation record based on one of the following documents or materials:

1. Traffic accident resolution files of traffic police agencies or investigative agencies.

2. Confirmation of being involved in a traffic accident issued by local public security agencies or authorities at the location of the traffic accident.

Article 18. Costs of investigating workplace accidents

1. The costs of investigating workplace accidents include: On-site examination, reconstruction of the scene, autopsy, forensic examination fees, photographing, printing copies of medical records, printing relevant documents, transportation expenses for investigating workplace accidents, meetings to publish accident investigation reports, and other reasonable costs as prescribed.

2. The competent authority investigating workplace accidents and the agencies sending personnel to participate in the investigation shall pay travel expenses to the members of the accident investigation team.

3. The costs of investigating workplace accidents are recorded as production and business expenses and are considered reasonable costs for calculating and paying corporate income tax according to the provisions of the Corporate Income Tax Law. For administrative units and public institutions, the costs of investigating workplace accidents are allocated within their regular operational budgets.

Article 19. Statistics and Reporting of Workplace Accidents

1. For grassroots units: Within two working days from the date of receiving the accident investigation report and the minutes of the meeting announcing the accident investigation report, the unit managing the injured worker must compile statistics and report workplace accidents as prescribed:

a) Each unit must maintain a workplace accident record book according to the model specified in Appendix X attached to this Circular and must record all information about the occurred workplace accidents in the workplace accident record book based on the principle that all workplace accidents involving workers under its management must be recorded; if a worker suffers more than one workplace accident, each accident must be recorded separately;

b) All units must submit consolidated reports on workplace accidents every six months and annually to the Technical Office (or the office managing safety and labor protection work) of the directly subordinate Ministry of National Defense according to the model specified in Appendix XI attached to this Circular: Submit a consolidated report on workplace accidents for the first six months before July 5th each year; submit a consolidated report on workplace accidents for the entire year before January 10th of the following year. All workplace accidents causing workers under management to take at least one day off work must be recorded and reported. If there are no workplace accidents, it must be clearly stated in the report as "no workplace accidents."

2. For the Technical Office (or the office managing safety and labor protection work) of the directly subordinate units of the Ministry of National Defense:

a) Compile the situation of workplace accidents occurring in six months and a year for all units under management; report the situation of workplace accidents occurring in six months and a year to the Ministry of National Defense (through the General Department of Technology) according to the model specified in Appendix XII attached to this Circular;

b) Submit a consolidated report on workplace accidents for the first six months before July 15th each year; submit a consolidated report on workplace accidents for the entire year before January 25th of the following year.

Chapter III

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from February 20, 2017, and replaces Circular No. 147/2012/TT-BQP dated December 27, 2012, issued by the Minister of National Defense, stipulating the procedures for reporting, investigating, compiling statistics, and reporting workplace accidents in the Military.

Article 21. Responsibility for Implementation

1. The Director of the General Department of Technology, heads of agencies, units, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. The Director of the General Department of Technology shall take the lead, coordinate with relevant agencies to organize implementation, monitor, inspect, grasp the situation, and promptly report any difficulties to the head of the Ministry of National Defense./.