Joint Circular No. 14/2005/TTLT/BLDTBXH-BYT-TLDDVN guiding the declaration, investigation, record-keeping, statistics, and regular reporting of workplace accidents.

JOINT CIRCULAR

Guidelines for reporting, investigating, preparing records,statistics, and regular accident reports in the workplace

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Pursuant to Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health, and Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government, the Ministry of Labor - Invalids and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor issue guidelines for reporting, investigating, preparing records, statistics, and regular accident reports in the workplace as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

This Circular applies to enterprises, agencies, organizations, and individuals employing labor, including:

1.1. State-owned Enterprise established and operating under the Law on Enterprises;

1.2. Enterprise established and operating under the Law on Enterprises;

1.3. Foreign-invested Enterprise established and operating under the Law on Investment;

1.4. Enterprises of political organizations and socio-political organizations;

1.5. Individual households engaged in production and business, cooperative groups;

1.6. Cooperative established and operating under the Law on Cooperatives;

1.7. Administrative agencies, public institutions, political organizations, socio-political organizations, socio-political professional organizations, other social organizations, including those permitted to engage in production, business, and services within administrative agencies, public institutions, Party, mass organizations, and self-financed people's associations;

1.8. Semi-public and private establishments in cultural, health, education, training, scientific, sports, and other public service sectors;

1.9. Commune, ward, town health stations;

1.10. Foreign organizations or international organizations located on the territory of the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise;

The above entities shall be referred to hereinafter as establishments.

2. Workplace accidents and classification of workplace accidents

2.1. Workplace accidents

a) A workplace accident is an incident caused by hazardous or harmful factors during work that results in injury to any part or function of a worker's body or death during the course of work, including while performing tasks, duties, or activities such as rest breaks, meal breaks, nutritional supplements, menstrual hygiene, bathing, breastfeeding, using the restroom, preparing for, or concluding work at the workplace.

b) The following incidents are considered workplace accidents: Accidents occurring to workers when traveling from their residence to the workplace or returning from the workplace to their residence at reasonable times and locations (on the usual daily route) or accidents due to external causes such as natural disasters, fires, and other risks associated with performing work-related tasks or duties.

2.2. Classification of workplace accidents

a) Fatal workplace accident: The person involved in the accident dies immediately at the scene of the accident; dies en route to emergency care; dies during emergency care; dies during treatment; dies due to recurrence of the original injury caused by the workplace accident within the time period specified in Clause i, Point 3.1, Section II of this Circular.

b) Serious workplace accident: The person involved in the accident suffers at least one of the injuries listed in the Appendix attached to this Circular.

c) Minor workplace accident: The person involved in the accident does not fall into either of the two categories of workplace accidents mentioned above.

II. SPECIFIC PROVISIONS

1. Reporting workplace accidents

1.1. All workplace accidents that occur must be reported immediately by the injured worker or co-workers (employees, managers), or anyone who knows about the incident to the employer of the establishment to report according to the provisions of this Circular.

1.2. In case of fatal workplace accidents or serious workplace accidents, the establishment where the accident occurred (except for establishments in the fields mentioned in Point 1.3 below) must report the accident as quickly as possible (by telephone, fax, telegraph...) to the Inspectorate of the Department of Labor - Invalids and Social Affairs, the local police agency where the accident occurred, and the direct superior management agency (if applicable). Workplace accidents occurring in a particular locality must be reported in that locality.

If the injured worker dies during treatment or dies due to the recurrence of the original injury caused by the workplace accident (as concluded in the autopsy report), the establishment must report to the Inspectorate of the Department of Labor - Invalids and Social Affairs immediately after the death of the injured worker to handle the benefits according to the law.

1.3. Workplace accidents occurring in the following fields: Radiation, oil exploration and extraction; rail, waterway, road, air transport; enterprises under military forces must be reported to the relevant management agency.

1.4. The content of the report shall be in Form No. 01 issued together with this Circular.

2. Investigation and preparation of investigation records for workplace accidents.

2.1. Composition of the investigation team

a) The establishment-level workplace accident investigation team includes:

- The employer (establishment owner) or the authorized representative as the team leader;

- A representative of the establishment-level trade union committee or provisional trade union committee or a person chosen by the workforce to be a member if the establishment has not yet met the conditions to establish a trade union;

- A representative of the establishment's occupational safety and health department as a member.

b) The provincial-level workplace accident investigation team, established upon the proposal of the provincial Department of Labor - Invalids and Social Affairs Inspectorate by the Director of the provincial Department of Labor - Invalids and Social Affairs (in accordance with Form No. 02 issued together with this Circular), includes:

- A representative of the provincial Department of Labor - Invalids and Social Affairs as the team leader;

- A representative of the provincial Federation of Trade Unions as a member; in cases where the injured worker is hired for agricultural work, an additional representative of the provincial Farmers' Association should be invited as a member;

- A representative of the provincial Department of Health as a member.

c) The Central Accident Investigation Team for Labor Incidents shall be established by the Minister of Labor, Invalids, and Social Affairs upon the proposal of the Inspector General of the Ministry of Labor, Invalids, and Social Affairs (in accordance with Model No. 03 issued together with this Circular), including:

- A representative from the Inspectorate of the Ministry of Labor, Invalids, and Social Affairs serving as the team leader; a representative from the Vietnam General Confederation of Labor as a member; in cases where the injured person was employed in agriculture, an additional representative from the Vietnam Farmers' Association shall be invited to join as a member;

- A representative from the Ministry of Health as a member.

2.2. Investigative Authority

a) The grassroots-level accident investigation team is responsible for investigating and preparing records for minor and serious labor accidents occurring at workplaces under the management of the grassroots-level entity (except for the cases specified in sub-items b, c below).

b) The provincial-level accident investigation team is responsible for investigating and preparing records for fatal labor accidents occurring within the local administrative area (except for the cases specified in sub-items c, e, and g below); for serious labor accidents, the team will only investigate when the decision-maker deems it necessary; re-investigate according to the provisions of point 2.7, clause 2, Section II of this Circular any labor accidents that have already been investigated by the grassroots-level accident investigation team.

c) The central accident investigation team is responsible for investigating and preparing records for fatal labor accidents when the decision-maker deems it necessary; during the investigation, coordination with relevant agencies belonging to the provincial-level accident investigation team is required; re-investigate according to the provisions of point 2.7, clause 2, Section II of this Circular any labor accidents that have already been investigated by the provincial-level accident investigation team.

d) In cases where the health authority, trade union organization, or farmers' association cannot appoint representatives to participate in the investigation team, the investigation team must still proceed with the investigation to ensure timely completion of the investigation.

e) Traffic accidents considered as labor accidents shall be investigated and recorded by the public security agency at the location where the accident occurred, except for those occurring on internal roads within the grassroots-level entity.

g) Labor accidents occurring in the fields specified in point 1.3, clause 1, Section II of this Circular shall be investigated and recorded by the relevant management agencies which decide to establish the investigation team and conduct the investigation according to the provisions of this Circular.

h) When a worker suffers a labor accident caused by another entity, the entity causing the accident must conduct the investigation and record according to the provisions of this Circular, and within five working days from the date of completing the investigation and recording, must send copies of the accident file to the entity managing the injured worker to coordinate in handling the aftermath of the accident and implement regular statistics, retention, and reporting as stipulated in clause 4, Section II of this Circular.

2.3. Responsibilities of Investigation Team Members

a) The head of the labor accident investigation team is responsible for:

- Activities of the investigation team, assigning tasks to members of the investigation team;

- Organizing discussions within the team to reach consensus when there are unresolved issues among team members. If consensus cannot be reached, the head decides and takes responsibility for the decision;

- Publishing the investigation record of the labor accident.

b) Members are responsible for:

- Carrying out tasks assigned by the head;

- Contributing to the common activities of the investigation team, having the right to reserve their opinions and report to the leadership of their directly managing agency.

c) They may not disclose information or documents during the investigation until the investigation record is published.

2.4. Investigation and Record-Keeping Time Limits

a) All labor accidents must be investigated and recorded within the following time limits from the occurrence of the accident:

- Not exceeding 24 hours for minor labor accidents;

- Not exceeding 48 hours for serious labor accidents;

- Not exceeding ten working days for serious labor accidents resulting in injuries to two or more people;

- Not exceeding twenty working days for fatal labor accidents;

- Not exceeding forty working days for labor accidents requiring technical appraisal.

b) For fatal labor accidents and serious labor accidents requiring an extension of the investigation period, the head of the labor accident investigation team must report and request permission from the decision-maker establishing the investigation team five working days before the end of the investigation period. The extended investigation period shall not exceed the time limit specified in sub-item a of point 2.4.

2.5. Investigation Procedure and Record-Keeping

a) Upon receiving notification of a labor accident, the Labor, Invalids, and Social Affairs Inspectorate of the local department shall immediately notify the relevant agencies belonging to the provincial-level labor accident investigation team to appoint representatives to join the labor accident investigation team.

b) The investigation team promptly arrives at the site of the labor accident and conducts the investigation and record-keeping according to the following procedure:

- Examining the scene;

- Collecting evidence and documents related to the labor accident;

- Taking statements from victims, witnesses, and other relevant persons according to Model No. 04 issued together with this Circular;

- Requesting technical appraisal (if necessary);

- Based on the collected statements and evidence, processing and analyzing to determine the following key issues:

+ The course of the labor accident;

+ The cause of the labor accident;

+ The level of violation, fault, responsibility of the person at fault, and proposed form of handling;

+ Measures to prevent recurrence of labor accidents.

- Preparing the investigation record according to Model No. 05 (for grassroots-level labor accident investigation teams) and Model No. 06 (for provincial-level or central labor accident investigation teams) issued together with this Circular.

c) The provincial-level labor accident investigation team leads and coordinates with the county-level public security agency to conduct on-site investigations to prepare records of scene examinations, autopsy examinations, injury examinations, and collection of evidence for fatal labor accidents and serious labor accidents.

d) During the investigation process, if it is found that the workplace accident has signs of criminal offenses, the provincial or central workplace accident investigation team shall recommend the competent public security agency at the district or provincial level to examine and initiate criminal proceedings for serious workplace accidents. The workplace accident investigation team is responsible for providing relevant materials related to the workplace accident to the public security agency upon request for investigation and handling.

e) Publish the workplace accident investigation record

- The grassroots workplace accident investigation team shall organize the publication of the investigation record immediately after completing the investigation for workplace accidents within their jurisdiction to the injured person and those related to the workplace accident.

- The provincial or central workplace accident investigation team shall organize a meeting immediately after completing the investigation to publish the workplace accident investigation record for fatal accidents and severe workplace accidents occurring at the workplace, the meeting participants include:

+ The head of the investigation team, chairing the meeting;

+ Members of the investigation team;

+ The employer or a person authorized in writing;

+ A representative of the grassroots trade union committee or the provisional trade union committee or a person chosen by the workers' collective when the workplace has not yet met the conditions to establish a trade union;

+ The injured person, representatives of the deceased's relatives, witnesses, and persons with rights and interests related to the workplace accident;

+ A representative of the direct superior management agency of the workplace (if any).

- If the employer disagrees with the content of the workplace accident investigation record, the employer may note their comments on the record but must still sign and stamp (if applicable) the investigation record and comply with the recommendations of the workplace accident investigation team.

- Record the meeting minutes according to Model No. 07 issued together with this Circular. The meeting minutes must have signatures of all attendees.

- The provincial workplace accident investigation team must send the workplace accident investigation record and the meeting minutes announcing the workplace accident investigation record to the agencies belonging to the provincial workplace accident investigation team, the Ministry of Labor, Invalids and Social Affairs, the local social insurance agency, the workplace where the accident occurred, and the victims or relatives of the deceased within five working days from the date of publishing the investigation record.

2.6. Workplace Accident File

a) The workplace accident file includes:

- The scene examination record;

- The scene diagram;

- Scene photos, victim photos (if available);

- Autopsy or injury examination record;

- Technical appraisal record (if available);

- Statements of the victim, witnesses, and persons with rights and obligations related to the workplace accident;

- The workplace accident investigation record;

- Meeting minutes announcing the workplace accident investigation record;

- Other relevant documents related to the workplace accident.

b) In a workplace accident, each injured person has a separate file.

c) The retention period for the workplace accident file at the workplace where the accident occurred and the member agencies of the investigation team is stipulated in item i point 3.1 clause 3 Section II of this Circular.

2.7. Re-investigation of Workplace Accidents

a) Within the time frame specified in item i point 3.1 clause 3 Section II of this Circular, if there is a complaint or accusation, then within ten working days from the date of receipt of the complaint or accusation, the competent authority must conduct a review and re-investigate and notify the complainant or accuser in writing of the results of the re-investigation; in cases where re-investigation is not conducted, the reasons must be clearly stated.

b) The workplace where the accident occurred and the provincial workplace accident investigation team are responsible for providing complete accident files and evidence to the re-investigation team.

c) The previous workplace accident investigation record will lose its legal effect when the re-investigation record is published.

d) The re-investigation period shall not exceed twenty working days from the date of announcing the decision to re-investigate.

3. Responsibilities of the Workplace Where the Accident Occurred

3.1. Responsibilities of the Employer:

a) Timely first aid and emergency care for the injured;

b) Report workplace accidents in accordance with clause 1 Section II of this Circular;

c) Maintain the scene of fatal accidents and severe workplace accidents;

In cases where emergency care for the injured is required, preventing potential risks and losses to workers that may disrupt the scene, the workplace must draw a scene diagram, prepare a scene examination record according to current regulations, take photographs, and film the scene (if possible);

The scene can only be cleared and the body buried (if applicable) after completing the on-site investigation and obtaining written agreement from the workplace accident investigation team;

d) Immediately provide evidence and documents related to the workplace accident upon request of the workplace accident investigation team and bear legal responsibility for such evidence and documents;

e) Create conditions for witnesses and persons related to the workplace accident to provide information to the workplace accident investigation team when requested;

f) Organize investigations and prepare records for workplace accidents in accordance with the decision in clause 2 Section II of this Circular;

g) Send the workplace accident investigation record prepared by the workplace to the injured persons, the social insurance agency, and the agencies belonging to the provincial workplace accident investigation team within five working days from the date of publishing the workplace accident investigation record;

h) Fully inform the workers under their own workplace about the workplace accident to prevent similar accidents from recurring;

i) Retain files of fatal workplace accidents for fifteen years and retain files of other workplace accidents until the injured person retires;

k) Pay costs for investigating workplace accidents including re-investigations, including:

- Reconstructing the scene;

- Photographing, printing, and enlarging scene and victim photos;

- Printing related documents concerning the workplace accident;

- Technical examination (if any);

- Autopsy;

- Organize a meeting to announce the investigation report on the workplace accident.

These expenses shall be recorded in the cost of production or circulation fees of the entity. For administrative and public service agencies, they shall be included in the regular budget of the agency. For households and individuals, they shall bear the responsibility for paying these expenses.

l) Implement measures to address and resolve consequences caused by workplace accidents; organize lessons learned; implement and report on the implementation of recommendations recorded in the workplace accident investigation report; handle according to their authority those responsible for causing the workplace accident.

3.2. Responsibilities of the injured party, witnesses, and parties with rights and obligations related to the workplace accident.

The injured party, witnesses, and parties with rights and obligations related to the workplace accident have the responsibility to truthfully and fully disclose all circumstances known about issues related to the workplace accident as requested by the workplace accident investigation team and must bear legal responsibility for the information disclosed or concealed.

4. Statistics and periodic reporting on workplace accidents

4.1. Within five working days from the date of announcing the workplace accident investigation report, the entity must record all workplace accidents that cause workers under its management to take leave for one day or more in the Workplace Accident Statistics Book according to Form No. 08 issued together with this Circular;

Workers who suffer multiple workplace accidents during the statistical period must be recorded separately for each incident.

4.2. If the entity's main office is located within the jurisdiction of a local area, the employer must periodically report workplace accidents to the Department of Labor, Invalids, and Social Affairs of that locality and other agencies belonging to the provincial workplace accident investigation team.

4.3. The Public Security Agency shall send copies of the traffic accident case file, which is considered a workplace accident, to the entity where the accident occurred to carry out periodic statistics and reporting on workplace accidents. When requested by the entity or the injured party, the copy of the file shall be sent within twenty working days.

4.4. For workplace accidents occurring in the fields specified in Point 1.3 Clause 1 Section II of this Circular, the entity must conduct periodic statistics and reporting on workplace accidents in accordance with Clause 4 Section II of this Circular.

4.5. The entity must compile and report periodically every six months and annually on the situation of workplace accidents according to Form No. 09 issued together with this Circular, to be submitted to the Department of Labor, Invalids, and Social Affairs and other agencies belonging to the provincial workplace accident investigation team before July 5 for the first half-year report and before January 10 of the following year for the annual report. If there are no workplace accidents, the entity must clearly state "no workplace accidents."

4.6. The Department of Labor, Invalids, and Social Affairs must compile and report periodically every six months and annually on the situation of workplace accidents according to Form No. 10 issued together with this Circular, to be submitted to the Ministry of Labor, Invalids, and Social Affairs (Department of Occupational Safety and Health and Inspectorate of the Ministry of Labor, Invalids, and Social Affairs) and the Provincial Statistical Office before July 15 for the first half-year report and before January 20 of the following year for the annual report.

III. IMPLEMENTATION

1. All entities must strictly comply with the provisions of this Circular, while strengthening measures to improve working conditions, preventive measures against workplace accidents; review internal rules and procedures for occupational safety and health; promote education to raise awareness among employers and workers to minimize workplace accidents as much as possible.

2. The Department of Labor, Invalids, and Social Affairs, the Department of Health, and the Trade Union Federation of the Central City must disseminate, guide, and implement this Circular to all entities operating in their respective localities.

3. Ministries, ministerial-level agencies, People's Committees of provinces and centrally governed cities must direct, inspect, and urge entities under their management to comply with the provisions of this Circular.

4. The Ministry of Labor, Invalids, and Social Affairs will periodically report every six months and annually on the situation of workplace accidents nationwide.

IV. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. Repeal Circular No. 28/LDTBXH-TT dated November 18, 1996, guiding the implementation of the system of statistics and periodic reporting on workplace accidents issued by the Ministry of Labor, Invalids, and Social Affairs, and Joint Circular No. 08/1998/TTLT-BLDTBXH-BYT-TLĐLĐVN dated March 26, 1998, guiding the reporting and investigation of workplace accidents issued jointly by the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor.

3. Any difficulties encountered during implementation should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Health, and the Vietnam General Confederation of Labor for consideration and resolution./.