Joint Circular No. 12/2012/TTLT-BLDTBXH-BYT guides the reporting, investigation, statistics, and reporting of workplace accidents. It applies to enterprises, agencies, organizations using labor in Vietnam and abroad. It provides detailed regulations on reporting, investigation, classification, deadlines, accident case files, responsibilities of employers, and bases for accidents occurring.
适用范围
Enterprises, agencies, organizations, and individuals using labor in Vietnam (excluding armed forces) and abroad.
要点
- Enterprises, agencies, organizations must report workplace accidents immediately upon occurrence; reporting can be done via telephone, fax, telegram, or email to the Labor Inspectorate of the Department of Labor, Invalids, and Social Affairs of the province, the police station at the district level, and the direct supervisory authority.
- Workplace accidents are classified into three levels: fatal, serious, and minor. The investigation period ranges from 2 to 40 days depending on the severity of the accident.
- Employers must maintain the accident scene intact in cases of fatal or serious accidents; provide all necessary documents, objects, and means to the Investigation Team.
- The accident site must organize a meeting to announce the investigation record and send the investigation record to relevant authorities within 3 days.
- Accidents must be statistically analyzed and reported according to the prescribed form, submitted to the Department of Labor, Invalids, and Social Affairs of the province before July 5 each year (mid-year report) and January 10 of the following year (annual report).
🌐 本文件的社会影响
- Positive impact: Reducing workplace accidents, protecting workers' rights.
- Negative impact: Increasing workload for businesses during the process of reporting and investigating workplace accidents.
❓ 常见问题
What should enterprises do when a workplace accident occurs?
Upon occurrence of an accident, the injured person or anyone who knows about it must immediately inform the employer. In cases of fatal accidents or two or more serious injuries, the enterprise must report to the Labor Inspectorate of the Department of Labor, Invalids, and Social Affairs of the province, the police station at the district level, and the direct supervisory authority.
How long is the investigation period for workplace accidents?
The investigation period ranges from 2 to 40 days depending on the severity of the accident: 2 days for minor accidents, 5 days for serious accidents, 15 days for accidents involving two or more serious injuries, and 20 days for fatal accidents.
What are the responsibilities of employers when an accident occurs?
Employers must provide immediate first aid and emergency care; report the accident as required; maintain the accident scene intact in cases of fatal or serious accidents; provide all necessary documents, objects, and means to the Investigation Team.
What must the accident site do after completing the meeting record announcing the investigation record?
Within 3 days, the accident site must submit (either directly or through postal service) the accident investigation record and the meeting record announcing the investigation record to related organizations and individuals.
How must the accident site conduct statistical analysis and reporting of workplace accidents?
Within 2 days of receiving the accident investigation record, the management body of the injured person must conduct statistical analysis and report according to the prescribed form. Reports must be submitted to the Department of Labor, Invalids, and Social Affairs of the province before July 5 each year (mid-year report) and January 10 of the following year (annual report).
全文
JOINT CIRCULAR
Guidelines for reporting, investigating, statistics, and reporting on workplace accidents
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Based on the Labour Code dated June 23, 1994; Law Amending and Supplementing Certain Articles of the Labour Code dated April 2, 2002; Law Amending and Supplementing Certain Articles of the Labour Code dated June 29, 2006;
Based on Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labour Code on occupational safety and health, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government;
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Based on Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health, and Decree No. 22/2010/NĐ-CP dated March 9, 2010 amending and supplementing Article 3 of Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government;
The Ministry of Labour, Invalids and Social Affairs and the Ministry of Health issue guidelines for reporting, investigating, statistics, and reporting on workplace accidents as follows:
Article 1. Scope of Regulation
This Circular guides the reporting, investigation, statistics, and reporting on workplace accidents by relevant parties within the country and abroad.
Article 2. Applicability
This Circular applies to enterprises, agencies, organizations, and individuals using labour (hereinafter referred to as the premises):
1. Enterprises, agencies, organizations, and individuals using labour operating on the territory of Vietnam (excluding units under the armed forces);
2. Vietnamese enterprises winning bids or taking on contracts for projects abroad sending Vietnamese workers to work at those projects;
3. Agencies, organizations, and individuals from foreign countries or international organizations using labour operating on the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party or international agreements signed by competent authorities of Vietnam provide otherwise.
2. Accidents occurring during the performance of other tasks assigned by a commander (employer) or a person authorized in writing by the employer.
1. Workplace accident means an accident causing injury to any part or function of a worker's body or resulting in death, including:
a) A workplace accident occurring during the course of work closely linked to performing job duties;
b) A workplace accident occurring during the performance of other tasks assigned by the employer or a person authorized in writing by the employer to directly manage labour;
c) A workplace accident occurring to a worker when carrying out necessary living activities permitted by the Labour Code and internal regulations of the premises (rest breaks, mid-shift meals, physical nourishment supplements, menstrual hygiene, breastfeeding, bathing, using the toilet).
2. Cases of accidents considered workplace accidents occurring at reasonable locations and times include:
a) Accidents occurring to workers when traveling from their residence to their workplace or from their workplace back to their residence;
b) Accidents occurring to Vietnamese workers while performing tasks abroad assigned by the employer (attending conferences, seminars, short-term training, practical research).
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;
1. Fatal workplace accident means an accident where the victim dies immediately at the scene of the accident, dies en route to emergency care, dies during emergency care, dies during treatment, or dies due to the recurrence of the original injury caused by the workplace accident (as concluded in the forensic medical examination report).
2. Serious workplace accident means an accident where the victim suffers at least one of the injuries specified in Appendix No. 01 issued together with this Circular.
3. Minor workplace accident means an accident where the victim does not fall under the provisions of Clause 1 or Clause 2 of this Article.
Article 5. Reporting of Work-Related Accidents
1. When a work-related accident occurs to a worker at a workplace under the management of a facility or when performing other tasks or duties assigned by the employer or a person authorized in writing by the employer to directly manage workers, the injured person or the person who knows about the incident (worker, manager) must immediately inform the employer.
2. In cases where accidents mentioned in Clause 1 of this Article result in death or involve two or more seriously injured persons, the facility where the accident occurred must report it as quickly as possible (directly or by telephone, fax, telegram, email) to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province or centrally governed city (hereinafter referred to as "province"), the public security agency of the district where the accident occurred, and the direct superior management agency of the facility (if any) according to the following principles:
a) The accident occurring in which province shall be reported in that province;
b) In cases where the injured person dies during treatment or due to the recurrence of the injury caused by the work-related accident (as concluded in the forensic medical examination report), the facility with the deceased person must report to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province where the Accident Investigation Team participated in investigating the accident, for handling according to the provisions of the law;
c) For accidents occurring in the fields of radiation; oil and gas exploration and exploitation; railway, waterway, and air transport vehicles, in addition to reporting to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province where the facility's main office is located, they must also report to the ministry or sector managing that field;
d) The content of the report shall be in accordance with the form prescribed in Appendix No. 02 issued together with this Circular.
3. In cases where a work-related accident involving traffic participation (excluding incidents occurring on internal facility roads) results in death or involves two or more seriously injured persons, the facility with the injured person must base their report on the accident resolution file processed by the Traffic Police handling the traffic accident or a confirmation letter from the local authority or a confirmation letter from the police station in the area where the accident occurred, to report to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province.
The reporting must be carried out strictly in accordance with the principles stipulated in Clause 2 of this Article.
4. In cases where Vietnamese workers die or suffer serious injuries while performing tasks abroad, the facility directly managing those workers must report according to the following principles:
a) Within three working days from receiving news of the accident, they must report as quickly as possible (directly or by telephone, fax, telegram, email) to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province where the facility sent the workers' main office is located;
b) In cases where workers sent by another facility suffer death or serious injury, within three working days from receiving news of the accident, the sending facility must inform the managing facility of the injured worker. Within three working days from receiving news of the accident, the managing facility must report to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province where the managing facility's main office is located;
c) The content of the report shall be in accordance with the form prescribed in Appendix No. 02 issued together with this Circular.
Article 6. Establishment of Accident Investigation Teams
1. Accident Investigation Team at the grassroots level
a) Upon receiving information about an accident occurring at their workplace, the employer must immediately establish an Accident Investigation Team at the grassroots level to investigate the accident.
b) The composition of the Accident Investigation Team at the grassroots level includes:
- The employer (head of the establishment) or a person authorized in writing by the employer, serving as the team leader;
- A representative from the Grassroots Trade Union Committee or the Temporary Trade Union Committee or a representative from the workers' collective when the establishment has not yet established a trade union, as a member;
- A person responsible for occupational safety and health work, as a member;
- Medical staff of the establishment, as a member;
- Inviting other members if deemed necessary.
2. Accident Investigation Team at the provincial level
Immediately upon receiving reports from establishments regarding accidents resulting in death or serious injury to two or more people, or upon receiving complete files and documents as stipulated in point c, Clause 2, Article 7 of this Circular, the Director of the Provincial Department of Labor, Invalids and Social Affairs shall issue a decision to establish an Accident Investigation Team based on the proposal of the Inspector General of the Provincial Department of Labor, Invalids and Social Affairs (in accordance with the model specified in Appendix No. 03 issued together with this Circular). The composition of the team includes:
a) A representative from the Inspectorate of the Provincial Department of Labor, Invalids and Social Affairs, serving as the team leader;
b) A representative from the Provincial Health Department, as a member;
c) A representative from the Provincial Federation of Trade Unions, as a member;
d) Inviting a representative from the Provincial Farmers' Association, as a member (in cases where the accident involves workers in the agricultural sector).
e) Inviting other members (if deemed necessary).
3. Accident Investigation Team at the central level:
Established by the Minister of Labor, Invalids and Social Affairs based on the proposal of the Inspector General of the Ministry of Labor, Invalids and Social Affairs (in accordance with the model specified in Appendix No. 04 issued together with this Circular).
The composition of the team includes:
a) A representative from the Inspectorate of the Ministry of Labor, Invalids and Social Affairs, serving as the team leader;
b) A representative from the Ministry of Health, as a member;
c) A representative from the Vietnam General Confederation of Labor, as a member;
d) Inviting a representative from the Vietnam Farmers' Association, as a member (in cases where the accident involves workers in the agricultural sector).
e) Inviting other members (if deemed necessary).
Article 7. Authority of Accident Investigation Teams
1. Accident Investigation Team at the grassroots level:
a) Responsible for investigating accidents occurring at their workplace, except for cases stipulated in Clauses 2 and 3 of this Article. If the worker involved in the accident is under the management of another establishment, the establishment where the accident occurred shall take the lead and cooperate with the managing establishment to conduct the investigation in accordance with this Circular;
b) Take the lead and cooperate with competent authorities of the host country (countries where Vietnamese enterprises have won bids or contracts) in investigating fatal accidents or accidents causing serious injuries to two or more people involving Vietnamese workers at construction sites of Vietnamese enterprises abroad (except for cases where workers are employed under the Law on Vietnamese Workers Working Abroad Under Contracts). The Accident Investigation Team at the grassroots level must comply with the laws of the host country during the investigation.
2. Accident Investigation Team at the provincial level:
a) Responsible for investigating fatal accidents or accidents causing serious injuries to two or more people occurring within the province;
b) Reinvestigate accidents that have been investigated by the Accident Investigation Team at the grassroots level within the province; reinvestigate accidents involving Vietnamese workers at construction sites of Vietnamese enterprises abroad (for enterprises headquartered in the province) based on compliance with the laws of the host country, except when international treaties or agreements signed or acceded to by the Socialist Republic of Vietnam provide otherwise; reinvestigation according to Article 12 of this Circular.
c) In cases where Vietnamese workers suffer fatal accidents or serious injuries to two or more people while performing tasks abroad (participating in conferences, seminars, short-term training, practical research), the managing establishment must provide relevant files and documents related to the accident to the Inspectorate of the Provincial Department of Labor, Invalids and Social Affairs for review and preparation of the accident investigation report within five working days, following the model specified in Appendix No. 07 issued together with this Circular.
Relevant files and documents related to the accident include:
- Decision of the establishment dispatching the worker and the program for participation in conferences, seminars, short-term training, practical research abroad;
- Certified copy of the scene examination record by the competent authority of the foreign country (accompanied by a photocopy of the original);
- Certified copy of the scene diagram by the competent authority of the foreign country (accompanied by a photocopy of the original); photos of the scene; photos of the victim;
- Certified copy of the autopsy or injury examination record by the competent authority of the foreign country (accompanied by a photocopy of the original);
- Certified copy of the statement-taking record of the victim, witness, or person related to the accident (if available);
- Certified copy of the accident certificate by the competent authority of the foreign country (accompanied by a photocopy of the original);
- Certified copy of the injury certificate by a foreign hospital (accompanied by a photocopy of the original) or an injury certificate by a Vietnamese hospital (if treated in Vietnam);
- Certified copy of the discharge certificate by a foreign hospital (accompanied by a photocopy of the original) or a discharge certificate by a Vietnamese hospital (if treated in Vietnam).
3. Accident Investigation Team at the central level:
Responsible for investigating fatal accidents when the Minister of Labor, Invalids and Social Affairs deems it necessary, based on the proposal of the Inspector General of the Ministry; reinvestigating labor accidents that have been investigated by the provincial-level accident investigation team, according to the provisions of Article 12 of this Circular.
4. In case of fatal workplace accidents or accidents causing serious injuries to two or more workers occurring in areas specified in point c, Clause 2, Article 5 of this Circular, the Ministries or sectors managing such areas shall issue decisions to establish accident investigation teams with the cooperation of the Labor Inspection Department of the provincial Department of Labor, Invalids and Social Affairs (or the Labor Inspection Department of the Ministry of Labor, Invalids and Social Affairs) where the main office of the entity involved in the accident is located, and carry out the investigation and prepare the accident investigation report according to the model prescribed in Appendix No. 07 issued together with this Circular.
Article 8. Duties of the Accident Investigation Team
1. Upon receiving reports of fatal accidents or accidents causing serious injuries to two or more workers, the provincial Department of Labor, Invalids and Social Affairs' Labor Inspection Department shall immediately notify the agencies that are part of the accident investigation team as stipulated in Clause 2, Article 6 of this Circular to join the accident investigation team.
2. The accident investigation team shall promptly go to the site of the accident, request the employer to provide relevant documents, files, and materials related to the accident, and cooperate with the police department at the district or provincial level to conduct on-site investigations to prepare the accident scene examination record, injury examination record, collect evidence, and gather relevant materials related to the accident.
3. The head of the accident investigation team has the following duties:
a) To decide to proceed with the investigation to ensure timely investigation when a representative of one of the agencies mentioned in points b, c, d of Clause 2 and points b, c, d of Clause 3, Article 6 of this Circular is absent;
b) Assigning specific tasks to members of the investigation team;
c) When members of the accident investigation team have unresolved issues, the head organizes discussions within the team to reach a consensus. If consensus cannot be reached, the head makes the decision and bears responsibility for it;
d) Publish the accident investigation report.
4. Members of the accident investigation team have the following duties:
a) Carrying out tasks assigned by the leader and participating in the common activities of the investigation team;
b) Having the right to reserve opinions and report to the leadership of their directly managing agency;
c) Not to disclose information or documents during the investigation process before the accident investigation report is published.
Article 9. Procedures for Investigating Workplace Accidents
1. For the accident investigation team at the grassroots level:
a) Collect evidence, physical evidence, and documents related to the workplace accident;
b) Take statements from victims, witnesses, or persons related to the workplace accident according to the model prescribed in Appendix No. 05 issued together with this Circular;
c) Request technical and forensic medical examinations if deemed necessary;
d) Based on collected statements and evidence, analyze and determine the following key contents:
- The course of the workplace accident;
- The cause of the workplace accident (including whether the accident was caused by the employer's fault, the worker's fault, or both, or other causes not due to the fault of either party);
- Conclusions about the workplace accident (including whether the incident is classified as a workplace accident, a situation considered a workplace accident, or not a workplace accident);
- The degree of violation and proposed measures to deal with those responsible for the workplace accident;
- Measures to prevent similar or recurring workplace accidents.
đ) Prepare the accident investigation report according to the model prescribed in Appendix No. 06 issued together with this Circular;
e) Organize a meeting and prepare the meeting minutes to publish the accident investigation report according to the model prescribed in Appendix No. 08 issued together with this Circular, immediately after completing the investigation.
Participants in the meeting to publish the accident investigation report include:
- Head of the investigation team (Chairing the meeting);
- Employer (Owner of the entity) or a person authorized in writing by the employer;
- Members of the accident investigation team;
- Victims or representatives of the victims' relatives, witnesses, or persons related to the accident;
- Representative of the grassroots-level trade union committee or temporary trade union committee when the entity has not established a trade union organization;
- Representative of the direct supervisory authority of the entity (if deemed necessary);
- Members participating in the meeting who disagree with the content of the accident investigation report may record their opinions and sign their names on the meeting minutes to publish the accident investigation report.
2. For the accident investigation team at the provincial level:
a) Carry out the tasks as stated in points a, b, c, and d, Clause 1 of this Article.
b) Prepare the accident investigation report according to the model prescribed in Appendix No. 07 issued together with this Circular for each workplace accident;
c) Organize a meeting and prepare the meeting minutes to publish the accident investigation report according to the model prescribed in Appendix No. 08 issued together with this Circular at the location where the accident occurred.
Participants in the meeting to publish the accident investigation report include:
- Head of the accident investigation team (Chairing the meeting);
- Members of the accident investigation team;
- Employer (Owner of the entity) or a person authorized in writing by the employer;
- Victims or representatives of the victims' relatives, witnesses, or persons related to the accident;
- Representative of the grassroots-level trade union committee or temporary trade union committee when the entity has not established a trade union organization;
- Invite representatives of the police and the People's Procuratorate at the same level (in cases of fatal workplace accidents).
d) Members participating in the meeting who disagree with the content of the accident investigation report may record their opinions and sign their names on the meeting minutes to publish the accident investigation report; the employer or a person authorized in writing by the employer must sign and stamp (if applicable) the meeting minutes to publish the accident investigation report and implement the recommendations of the provincial accident investigation team.
d) Within three working days from the date of completing the minutes of the meeting to announce the accident investigation report, the provincial labor accident investigation team must send (directly or via postal service) the accident investigation report and the minutes of the meeting to announce the accident investigation report to the agencies with members in the labor accident investigation team, the Ministry of Labor, Invalids and Social Affairs (the Department of Occupational Safety and Labor Inspection), the workplace where the accident occurred, and the victims or relatives of the injured.
3. For the central labor accident investigation team:
a) After receiving the decision to establish the labor accident investigation team from the Minister of Labor, Invalids and Social Affairs, the head of the labor accident investigation team shall notify the agencies specified in Clause 3, Article 6 of this Circular to participate in the labor accident investigation team;
b) The labor accident investigation team shall immediately go to the location where the accident occurred, request the employer to provide relevant documents, files, and means related to the fatal accident, and cooperate with the county or provincial police agency to conduct on-site investigations to prepare the scene examination report, injury examination report, collect evidence and materials related to the accident;
c) Carry out the contents as stipulated in points b and c of Clause 2 of this Article;
d) Members attending the meeting who have not agreed with the content of the accident investigation report may record their opinions and sign their names on the minutes of the meeting to announce the accident investigation report; the employer or the person authorized in writing by the employer must sign and stamp (if applicable) the minutes of the meeting to announce the accident investigation report and implement the recommendations of the central labor accident investigation team;
d) Within three working days from the date of completing the minutes of the meeting to announce the accident investigation report, the central labor accident investigation team must send (directly or via postal service) the accident investigation report and the minutes of the meeting to announce the accident investigation report to the agencies with members in the labor accident investigation team, the Department of Occupational Safety (Ministry of Labor, Invalids and Social Affairs), the workplace where the accident occurred, and the victims or relatives of the injured.
Article 10. Time limit for investigating labor accidents
1. The time limit for investigating a labor accident is calculated from the date of the accident to the date of announcing the accident investigation report:
a) Not exceeding two working days for minor labor accidents;
b) Not exceeding five working days for serious labor accidents;
c) Not exceeding fifteen working days for labor accidents causing two or more seriously injured persons;
d) Not exceeding twenty working days for fatal labor accidents from the date the labor accident investigation team receives all relevant documents, items, and means from the criminal police agency. Not exceeding forty working days for labor accidents requiring technical appraisal or forensic medical examination.
2. For fatal accidents or serious labor accidents involving two or more seriously injured persons requiring an extension of the investigation period, the head of the labor accident investigation team must report and seek permission from the decision-maker to establish the investigation team at least five working days before the end of the investigation period. The extended investigation period shall not exceed the time limit prescribed in Clause 1 of this Article.
Article 11. Accident at Work File
1. The accident at work file includes:
a) On-site inspection record;
b) Diagram of the scene;
c) Scene photos, victim photos;
d) Autopsy report or injury examination report;
đ) Technical appraisal report or forensic medical appraisal report (if any);
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 from the treating hospital;
k) Discharge certificate issued by the treating hospital (if applicable).
2. In a workplace accident involving multiple injured parties, each injured party must have their own separate file.
3. The retention period for accident at work files at the accident site and member agencies of the investigation team is stipulated in Clause 9, Article 13 of this Circular.
Article 12. Re-investigation of Workplace Accidents upon Complaints or Allegations
1. Within ninety days from the date of publication of the accident investigation record, if there are complaints or allegations in accordance with the provisions of the law, re-investigation shall be conducted based on ensuring the following principles:
a) Within ten working days from the date of receipt of the complaint or allegation, the agency or organization that issues the decision to establish the accident investigation team shall be responsible for examining and resolving the complaint or allegation according to the procedures, formalities, and authority prescribed in the Law on Complaints and Allegations;
b) In cases where the complainant or accuser does not agree with the response of the agency or organization responsible for handling the matter as stated in Point a, Clause 1 of this Article and continues to make complaints or allegations, the higher authority agency shall establish a re-investigation team to conduct the investigation according to the following principle:
- The re-investigation team shall conduct the investigation according to the authority prescribed in Article 7 of this Circular, and simultaneously notify in writing the results of the re-investigation to the complainant or accuser; if no re-investigation is conducted, the reasons must be clearly stated;
- The provincial re-investigation team shall re-investigate accidents investigated by the grassroots-level accident investigation team;
- The central re-investigation team shall re-investigate accidents investigated by the provincial accident investigation team. The conclusion of the central re-investigation team is the final conclusion.
c) The accident site and the grassroots-level accident investigation team shall be responsible for providing all relevant materials, objects, and means related to the accident to the provincial re-investigation team;
d) The provincial re-investigation team shall be responsible for providing all relevant materials, objects, and means related to the accident to the central re-investigation team;
đ) The re-investigation period shall not exceed forty-five days from the date of publication of the re-investigation decision; it shall not exceed sixty days for complex accidents or those occurring in remote areas.
2. The previous accident investigation record will lose its legal effect when the re-investigation record is published.
Article 13. Responsibilities of the Employer of the Accident Site
1. Promptly provide first aid and emergency care to injured persons.
2. Reporting workplace accidents in accordance with Article 5 of this Circular.
3. Maintain the accident scene in cases involving fatal accidents or serious accidents according to the following principles:
a) In cases where emergency rescue, prevention of risks, and damage to others may occur, causing disruption to the scene, the employer must redraw the scene diagram, prepare a record, take photographs, and film the scene (if possible);
b) Removal of the scene and burial of the deceased (if applicable) can only be done after completing the investigation steps as prescribed in this Circular and obtaining written consent from the Public Security Agency or the provincial accident investigation team.
4. Immediately provide all relevant materials, objects, and means related to the accident upon request of the superior accident investigation team and bear legal responsibility for these materials, objects, and means.
5. Facilitate the provision of information by parties related to the accident to the Maritime Labor Accident Investigation Team when requested.
6. Organize the investigation of workplace accidents in accordance with Clause 1, Article 7 of this Circular.
7. Within three working days from the completion of the meeting record announcing the accident investigation record, the grassroots-level accident investigation team shall send (directly or through postal service) the accident investigation record and the meeting record announcing the accident investigation record to the following organizations and individuals:
a) The injured worker or the relative of the injured worker;
b) The Provincial Department of Labor, Invalids, and Social Affairs' Inspectorate where the employer's main office is located;
c) The provincial social insurance agency where the employer's main office is located to handle the accident benefits for workers in accordance with the law;
d) The direct supervisory agency of the employer (if any).
8. Provide full information related to the accident to all workers under their employment.
9. Complete and retain the accident at work file for workers for the following periods:
a) Fifteen years for fatal accidents;
b) Until the injured worker retires for other types of accidents.
10. Pay all costs incurred for accident investigations including re-investigations, including:
a) Reconstructing the scene;
b) Taking, printing, and enlarging photographs of the scene and victims;
c) Requesting technical and forensic medical examinations (when necessary);
d) Performing autopsy;
d) Print documents related to labor accidents;
e) Means of transportation for labor accident investigations;
g) Organize a meeting to announce the investigation record of labor accidents;
h) The aforementioned costs shall be recorded as regular operating expenses and production and business costs of the employer and are reasonable expenses when calculating corporate income tax, in accordance with current laws on Corporate Income Tax;
i) Implement measures to mitigate and resolve consequences caused by workplace accidents; organize lessons learned; implement and report the results of implementing recommendations recorded in the accident investigation record; handle according to their authority those responsible for causing the accident.
Article 14. Responsibilities of the injured person, persons who know about the incident, and persons related to the workplace accident
1. Truthfully and fully report all circumstances known regarding incidents related to the workplace accident as requested by the Accident Investigation Team and bear legal responsibility for their declarations. and shall bear legal responsibility for their declarations.
2. Declarations of the victim, persons who know about the incident, or persons related to the workplace accident shall be recorded according to the form prescribed in Appendix No. 05 issued together with this Circular.
Article 15. Statistics and Reporting of Workplace Accidents
1. For establishments:
Within two working days from receiving the accident investigation record and the meeting record announcing the accident investigation record, the establishment managing the injured person must conduct statistics and report on workplace accidents in accordance with the following provisions:
a) Each establishment must have a workplace accident statistics book according to the form prescribed in Appendix No. 09 issued together with this Circular and must record all information about occurred workplace accidents in the workplace accident statistics book based on the principle that:
- All workplace accidents occurring to workers under its management must be recorded in the workplace accident statistics book;
- When a worker suffers more than one workplace accident, each accident must be recorded separately;
- All workplace accidents causing workers under its management to take at least one day off work must be recorded. If there is no workplace accident, it must be clearly stated in the report as "no workplace accident";
b) All establishments must submit comprehensive reports on workplace accidents (every six months and annually) according to the form prescribed in Appendix No. 10 issued together with this Circular, based on the principle that:
- Establishments whose main office is located in a province must send the comprehensive report on workplace accidents to the Department of Labor, Invalids and Social Affairs of that province; the report must be sent before July 5th each year for the first half-year report and before January 10th of the following year for the annual report (directly or by fax, postal service, email);
2. For Departments of Labor, Invalids and Social Affairs of provinces:
a) Summarize the situation of workplace accidents occurring in the first half-year and annually of establishments whose main office is located within the provincial territory;
b) Send the comprehensive report on workplace accidents according to the form prescribed in Appendix No. 11 issued together with this Circular to the Ministry of Labor, Invalids and Social Affairs (Labor Safety Administration) and the Provincial General Statistics Office before July 15th for the first half-year report and before January 25th of the following year for the annual report. by July 15 for the mid-year report and before January 25 of the following year for the annual report.
Article 16. Responsibility for Implementation
1. Establishments are responsible for strictly implementing the provisions of this Circular, enhancing measures to improve working conditions; regularly organize and evaluate hazardous factors and occupational hazards in each work area and surrounding environment; promote education to raise awareness among employers and workers to prevent workplace accidents.
2. Departments of Labor, Invalids and Social Affairs of provinces are responsible for disseminating and guiding the implementation of this Circular to all establishments within the provincial territory.
3. Ministries, ministerial-level agencies, People's Committees ; are responsible for directing, inspecting, and urging establishments under their management to implement the provisions of this Circular.
4. The Ministry of Labor, Invalids and Social Affairs is responsible for periodically reporting on the situation of workplace accidents nationwide every six months and annually.
Article 17. Effective Date
1. This Circular takes effect from July 4, 2012.
2. Abolish Joint Circular No. 14/2005/TTLT-BLDTBXH-BYT-TLĐLĐVN dated March 8, 2005, jointly issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor guiding the declaration, investigation, record-keeping, statistics, and periodic reporting of workplace accidents from the date this Circular takes effect.
During the implementation process, if there are any difficulties, they should be promptly reflected to the Joint Ministries: the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Health for consideration and guidance on resolution. /./
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