Circular No. 13/2017/TT-BLDTBXH on reporting, investigation, statistics, and reporting of maritime labor accidents

CIRCULAR

REGULATIONS ON REPORTING, INVESTIGATION, STATISTICS AND REPORTING OF SEAFARING WORKPLACE ACCIDENTS

Pursuant to the Vietnam Maritime Code on November 25, 2015;

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

BASED ON Decree No. 121/2014/NĐ-CP dated December 24, 2014 of the Government detailing certain provisions of the 2006 Maritime Labor Convention regarding the labor regime of seafarers working on ships.development4. Reserve officer trainees undergoing training for three months or more without participating in social insurance or health insurance; defense workers and civil servants serving in the military when seeking medical examination and treatment.

BASED ON Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Law on Occupational Safety and Health;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the Director of the Department of Occupational Safety and Health,

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;iAND Social Ministry issues this Circular to regulate the declaration, investigation, statistics, and reporting of maritime labor accidents.June 2024;b) Foreign sea vessels, ship owners, and seafarers working on foreign sea vessels operating at Vietnamese seaports;No.c) Vietnamese organizations and individuals; organizations and individuals from other countries related to the matter.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

seafaring vessels of foreign countries, ship owners, and crew members working on foreign seafaring vessels operating in Vietnamese waters;

Article 2. Applicability

This Circular applies to:

Vietnamese organizations and individuals; foreign organizations and individuals related to seafaring workplace accidents.

2. This Circular does not apply to ship owners and seafarers working on the following types of vessels:

a) Military vessels, public service vessels, fishing vessels;

b) Vietnamese sea vessels not operating international routes.

1. Vietnamese seafarers are Vietnamese citizens recruited or hired to work on ships that meet the conditions, standards, and job titles stipulated by law.

2. The time spent on board is counted from the day the seafarer starts their duty until the day they return home.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

3. An employer refers to organizations or individuals managing and operating ships; organizations or individuals managing and providing seafarers; or persons directly managing seafarers authorized by organizations or individuals managing and operating ships, or organizations or individuals managing and providing seafarers.

Article 4. Maritime Labor Accidents

1. A maritime labor accident is an accident occurring during the time spent on board causing injury to any part or function of the body or resulting in the death of a seafarer while performing work or tasks assigned by the ship owner or a person authorized by the ship owner.

2. Accidents involving seafarers occurring at reasonable locations and times shall also be reported, investigated, statistically recorded, and reported in accordance with the provisions of this Circular, including accidents occurring when seafarers travel from their residence to the ship or from the ship back to their residence.

Article 5. Classification of Maritime Labor Accidents

1. A fatal maritime labor accident is an accident where the injured seafarer dies immediately at the scene, dies en route to receiving medical care, dies during medical treatment, dies due to the recurrence of injuries caused by the maritime labor accident (as concluded in the forensic medical report or the conclusion of a health authority), or is declared dead according to the court's decision in cases of disappearance.

2. A serious maritime labor accident causing severe injury to seafarers (hereinafter referred to as a serious maritime labor accident) is a labor accident causing at least one of the injuries specified in Appendix I attached to this Circular.

3. A minor maritime labor accident causing slight injury to seafarers (hereinafter referred to as a minor maritime labor accident) is a labor accident where the injured seafarer does not fall under the provisions of Clause 1 or Clause 2 of this Article.

Article 6. Objectives and Requirements for Investigating Maritime Labor Accidents

1. To determine the cause or potential causes of maritime labor accidents to implement effective measures to prevent and limit similar accidents.

2. To support the resolution of labor rights for Vietnamese seafarers.

1. Determine the cause or potential causes of a maritime labor accident to implement effective measures to prevent and limit similar accidents.

2. Support the resolution of labor conditions for Vietnamese seafarers.

Chapter II

REGULATIONS ON REPORTING, INVESTIGATION, STATISTICS AND REPORTING OF SEAFARING WORKPLACE ACCIDENTS

Article 7. Reporting of Seafarer Work Accidents

1. When a seafarer suffers an accident on a ship or while performing other tasks assigned by the employer, the injured seafarer or anyone who knows about the incident must immediately report it to the employer.

2. In cases where a seafarer dies or two seafarers suffer serious injuries due to a work accident occurring within the territory and territorial waters of Vietnam, the employer must send the Seafarer Work Accident Report to the nearest Maritime Port Authority, the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs, and the local police authority at the place where the accident occurred, using the fastest method possible (directly or via telephone, fax, telegram, email).

3. In cases where a seafarer dies or two seafarers suffer serious injuries due to a work accident occurring outside the territory of Vietnam, the employer must send the Seafarer Work Accident Report (directly or via telephone, fax, email) to the diplomatic representative of Vietnam in that country (where the vessel docks), the Vietnam Maritime Administration, and the Labor Inspectorate of the Ministry of Labor, Invalids and Social Affairs.

4. The content of the Seafarer Work Accident Report shall be in accordance with the form prescribed in Appendix II attached to this Circular.

Article 8. Investigation Team for Seafarer Work Accidents

1. Basic-level maritime labour accident investigation team

Upon receiving information about an accident involving their seafarers, the employer must immediately establish a basic-level Seafarer Work Accident Investigation Team to investigate the accident. The composition of the investigation team, its powers, duties, and procedures shall comply with the relevant labor laws, except for the cases specified in Clause 2 and Clause 3 of this Article.

2. Provincial-level maritime labour accident investigation team

Upon receiving information about a seafarer work accident resulting in death or serious injury to two or more seafarers occurring within Vietnam, the Maritime Port Authority in charge shall promptly decide to establish a provincial-level Seafarer Work Accident Investigation Team according to the model set out in Appendix III attached to this Circular, coordinating with related agencies and units at the local level to conduct the investigation and prepare the investigation record of the seafarer work accident.

The composition of the provincial-level Seafarer Work Accident Investigation Team includes:

a) A representative from the Maritime Port Authority, serving as the team leader;

b) A representative from the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs, serving as a member;

c) A representative from the Health Department, serving as a member;

d) A representative from the Provincial Trade Union, serving as a member;

e) Inviting other members (if deemed necessary).

3. Central-level maritime labour accident investigation team

Upon receiving information about a seafarer work accident resulting in death or serious injury to two or more seafarers occurring abroad or in particularly serious accidents with complex nature if deemed necessary, the Vietnam Maritime Administration shall promptly decide to establish a central-level Seafarer Work Accident Investigation Team according to the model set out in Appendix IV attached to this Circular, coordinating with related agencies and units to conduct the investigation and prepare the investigation record of the seafarer work accident. If it is difficult to move to the location of the accident abroad, the investigation team may request assistance and provide files for investigation from the competent authorities of the foreign country or the diplomatic mission of Vietnam in that country.

The composition of the central-level Seafarer Work Accident Investigation Team includes:

a) A representative from the Vietnam Maritime Administration, serving as the team leader;

b) A representative from the Labor Inspectorate of the Ministry of Labor, Invalids and Social Affairs, serving as a member;

c) A representative from the Ministry of Health, serving as a member;

d) A representative from the General Confederation of Trade Unions of Vietnam, serving as a member;

e) Inviting other members (if deemed necessary).

4. Duties of the Seafarer Work Accident Investigation Team

Requesting the employer to provide relevant materials, records, and means related to the accident and coordinating with related agencies and units to take statements according to the model set out in Appendix V attached to this Circular and conducting the investigation based on collected evidence related to the accident.

5. The Leader of the Seafarer Work Accident Investigation Team has the following responsibilities:

a) Deciding to proceed with the investigation to ensure timely investigation when a representative of one of the agencies mentioned in Clause 2 and Clause 3 of Article 8 of this Circular is absent;

b) Assigning specific tasks to members of the investigation team;

c) When members of the investigation team have unresolved issues, the leader organizes discussions within the team to reach a consensus. If a consensus cannot be reached, the leader makes a decision and bears responsibility for it;

d) Announcing the investigation record of the seafarer work accident.

6. Members of the Seafarer Work Accident Investigation Team have the following responsibilities:

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 disclosing any information or materials during the investigation before the investigation record of the seafarer work accident is announced.

Article 9. Procedure for investigating maritime labor accidents

1. The maritime labor accident investigation team shall conduct work with the employer to request the employer to provide relevant documents, files, and means related to fatal maritime labor accidents or maritime labor accidents causing two or more crew members to suffer serious injuries, or to request relevant authorities to provide such information; cooperate with domestic and foreign authorities having jurisdiction to collect evidence, traces, and relevant materials related to the accident.

2. Based on the collected evidence, proceed to process and analyze to determine the following basic contents:

a) The course of events of the maritime labor accident;

b) The cause of the maritime labor accident;

c) Conclusions about the maritime labor accident (including clearly stating whether it is a maritime labor accident, a case considered as a maritime labor accident, or not a maritime labor accident);

d) Measures to remedy and prevent similar maritime labor accidents from recurring.

3. Prepare the maritime labor accident investigation report according to the model prescribed in Appendix VII issued together with this Circular.

4. Organize a meeting and prepare a record of the meeting to announce the maritime labor accident investigation report according to the model prescribed in Appendix VIII issued together with this Circular immediately after completing the investigation. The participants in the meeting to announce the maritime labor accident investigation report include:

a) The head of the investigation team or a representative authorized by the head of the maritime labor accident investigation team (to chair the meeting);

b) Representatives of members of the maritime labor accident investigation team;

c) The employer;

d) Crew members who were injured or their representatives, persons who know the incident, or those related to the maritime labor accident;

đ) A representative of the grassroots trade union committee.

5. Members participating in the meeting who have objections to the content of the maritime labor accident investigation report may record their opinions and sign the record of the meeting announcing the maritime labor accident investigation report; the employer must sign and stamp (if applicable) the record of the meeting announcing the maritime labor accident investigation report and implement the recommendations of the maritime labor accident investigation team.

6. Within five working days from the date of completing the record of the meeting announcing the maritime labor accident investigation report, the maritime labor accident investigation team must send (directly or through postal service) the maritime labor accident investigation report and the record of the meeting announcing the maritime labor accident investigation report to the agencies with members in the maritime labor accident investigation team, the Vietnam Maritime Administration, the Ministry of Transport, the Ministry of Labor - Invalids and Social Affairs (Ministry Inspectorate and the Department of Occupational Safety), the headquarters of the employer where the crew member suffered the maritime labor accident, and the victims or relatives of the injured crew members.

Article 10. File of the maritime labor accident

1. The file of the maritime labor accident includes:

a) The scene examination report (if any);

b) Diagram of the scene;

c) Scene photos, victim photos;

d) Copy of the autopsy report or injury examination report, except in cases of disappearance declared by the Court;

đ) Copy of the technical appraisal report, forensic medical examination report, or judicial appraisal conclusion (if any);

e) Statement-taking record of the victim (according to the model at Appendix V), person who knows the incident, or person related to the maritime labor accident;

g) Maritime labor accident investigation report;

h) Record of the meeting announcing the maritime labor accident investigation report;

i) Medical injury certificate from the treating facility (if any);

k) Discharge certificate from the treating facility (if any);

l) Certified copy of the documents mentioned in points a, point b, point d, point đ, and point e of Clause 1 of this Article if the maritime labor accident occurs outside the territory of Vietnam (if any).

2. In cases of disappearance, the file includes:

a) Statement-taking record of the person who knows the incident (according to the model at Appendix V) or person related to the maritime labor accident;

b) Decision declaring a person missing by the Court;

c) Maritime labor accident investigation report;

d) Record of the meeting announcing the maritime labor accident investigation report.

3. In a maritime labor accident involving multiple injured individuals, each injured individual must have a separate file.

Article 11. Responsibilities of Seafarers Involved in Accidents, Persons Aware of the Incident, and Parties Related to Maritime Labor Accidents

1. Truthfully and fully report all circumstances known about incidents related to maritime labor accidents as requested by the Maritime Labor Accident Investigation Team and bear legal responsibility for their declarations.

2. Declarations of victims, persons aware of the incident, or parties related to maritime labor accidents shall be recorded according to the form prescribed in Appendix V issued together with this Circular.

Article 12. Responsibilities of employers

1. Promptly provide first aid and emergency care to injured persons.

2. Report labor accidents in accordance with Article 7 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 medical assistance must be provided to the injured, preventing potential risks and losses to others that may disrupt the scene, the entity must redraw the scene diagram, prepare a record, take photographs, and film the scene (if possible).

b) The scene can only be cleared after completing the investigation steps as stipulated in this Circular and obtaining written consent from the Police Authority or the Maritime Labor Accident Investigation Team.

4. Immediately provide relevant documents, objects, and means as required by the higher-level Maritime Labor Accident Investigation Team and bear legal responsibility for those documents, 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 investigations of labor accidents in accordance with Clause 1, Article 8 of this Circular.

7. Provide full information related to labor accidents to all workers under their own entity.

8. Cover costs associated with investigating maritime labor accidents, including re-investigating maritime labor accidents, which include:

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 expenses shall be accounted for as regular operating costs, production and business costs of the entity and are reasonable costs when calculating and paying corporate income tax, in accordance with current laws on Corporate Income Tax.

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

Article 13. Statistics and Reporting of Maritime Labor Accidents

1. Port Authorities, Vietnam Maritime Administration shall statistically monitor maritime labor accidents according to the form prescribed in Appendix IX issued together with this Circular.

2. Port Authorities shall compile the situation of maritime labor accidents occurring in the first six months and one year within their jurisdiction and submit the consolidated report on the situation of maritime labor accidents according to the form prescribed in Appendix X issued together with this Circular to the Vietnam Maritime Administration before July 10 for the mid-year report and before January 10 of the following year for the annual report.

3. Vietnam Maritime Administration shall compile the situation of maritime labor accidents occurring in the first six months and one year nationwide and submit the consolidated report on the situation of maritime labor accidents according to the form prescribed in Appendix X issued together with this Circular to the Ministry of Transport, Ministry of Labor, Invalids and Social Affairs before July 15 for the mid-year report and before January 25 of the following year for the annual report.

Article 14. Costs of investigating maritime labor accidents

The costs for investigating maritime labor accidents, excluding the expenses already paid by the employer in accordance with Clause 8, Article 12 of this Circular, shall be covered from the non-recurring funds of the Maritime Branch Office.

Article 15. Complaints and reports

Any complaints or reports related to the investigation of maritime labor accidents shall be resolved in accordance with the laws on handling complaints and reports.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Responsibility for Implementation

1. Employers are responsible for strictly implementing the provisions of this Circular, enhancing measures to improve working conditions; regularly organizing and evaluating occupational hazards; promoting education to raise seafarers' awareness to prevent labor accidents.

2. The Vietnam Maritime Administration is responsible for directing units under its maritime sector to disseminate and guide the implementation of this Circular to organizations, individuals, businesses engaged in marine transportation management and operation within their jurisdiction.

3. Provincial Departments of Labor, Invalids and Social Affairs are responsible for disseminating and guiding the implementation of this Circular to relevant employers within their province.

4. The Ministry of Transport and the Ministry of Labor, Invalids and Social Affairs shall be responsible for directing, inspecting, and urging subordinate agencies and units to implement the provisions of this Circular.

Article 17. Effective Date

This Circular takes effect from July 1, 2017. During the implementation period, if there are any difficulties, they should be promptly reported to the Ministry of Transport for comments and guidance from the Ministry of Labor, Invalids and Social Affairs to resolve them./.