Circular No. 37/2018/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;

CamendWHEREAS, the Labor Safety Law on June 25, 2015;

WHEREAS, Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing implementation of certain articles of the Labor Safety Law; WHEREAS, Decree No. 14/2017/NĐ-CP dated February 17, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

CamendWHEREAS, at the request of the Director of the Labor Safety Administration,amendTHE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR

TO REGULATE REPORTING, INVESTIGATION, STATISTICS AND REPORTING OF SEAFARING WORKPLACE ACCIDENTS.

This Circular applies to:This Decree stipulates the regulations on seniority allowances for teachers.ng Bộ Lao động - Thương binh và Xã hội ban hành Thông tưconcerning the classification and determination of state management authority in the field of crop production seafaring vessels of Vietnam, ship owners, and crew members working on Vietnamese seafaring vessels;n l.

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

1. 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 crew members working on military vessels, public service vessels, or fishing vessels.

Article 3. Seafaring Workplace Accidents

A seafaring workplace accident is an accident occurring during vessel operation that causes injury to any part or function of the body or results in the death of a crew member while performing work duties or other tasks assigned by the ship owner or their authorized representative.

Article 4. Classification of Seafaring Workplace Accidents

1. Seafaring workplace accidents resulting in the death of a crew member (hereinafter referred to as fatal seafaring workplace accidents) are seafaring workplace accidents where the injured crew member dies under one of the following circumstances:

a) Death at the scene of the accident;

b) Death during transportation to medical care or during medical treatment;

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.

2. Seafaring workplace accidents causing serious injury to a crew member (hereinafter referred to as serious seafaring workplace accidents) are seafaring workplace accidents causing at least one of the injuries specified in Appendix I attached hereto.

3. Seafaring workplace accidents causing minor injury to a crew member (hereinafter referred to as minor seafaring workplace accidents) are seafaring workplace accidents not falling within the categories specified in Clause 1 and Clause 2 of this Article.

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

Article 5. Reporting of Seafaring Workplace Accidents

Chapter II

The reporting of seafaring workplace accidents as prescribed in Clause 1, Article 70 of the Vietnamese Maritime Code shall be carried out as follows:

1. When a seafaring workplace accident occurs, the injured crew member or person who knows about it must immediately inform the ship owner or the captain.

2. Upon receiving information about a fatal seafaring workplace accident or a serious seafaring workplace accident causing serious injury to two or more crew members, the ship owner or captain shall have the responsibility to report it promptly (directly or by telephone, fax, telegraph, email) to the competent authorities as follows:

a) Port Maritime Office if the vessel is operating in port waters;

b) Vietnam Maritime Administration if the vessel is operating in Vietnamese waters or international waters;

c) Vietnamese representative office if the seafaring vessel is operating in foreign waters;

d) In case of a fatal seafaring workplace accident occurring in Vietnamese waters, immediate notification must also be made to the Public Security Bureau of the district where the seafaring workplace accident occurred or the nearest location.

3. The contents of the report shall be in accordance with the form prescribed in Appendix II attached hereto.

c) Cơ quan đại diện của Việt Nam nếu tàu biển đang hoạt động ở vùng biển nước ngoài;

d) Trường hợp tai nạn lao động hàng hải làm chết người xảy ra trong vùng biển Việt Nam thì đồng thời phải báo ngay cho Công an cấp huyện nơi xảy ra tai nạn lao động hàng hải hoặc nơi gần nhất.

3. Nội dung bản khai báo theo mẫu quy định tại Phụ lục II ban hành kèm theo Thông tư này.

Article 6. Investigation of Maritime Labour Accidents

1. Basic-level maritime labour accident investigation team

The ship owner or the captain, when authorized in writing by the ship owner, shall be responsible for establishing a basic-level maritime labour accident investigation team to investigate minor maritime labour accidents and serious maritime labour accidents causing severe injuries to seafarers under their management authority. The composition of the basic-level maritime labour accident investigation team shall comply with the relevant labour laws.

2. Provincial-level maritime labour accident investigation team

Upon receiving information about a maritime labour accident resulting in death or a serious maritime labour accident causing severe injuries to two or more seafarers, the Marine Port Control Office in the region shall decide to establish a provincial-level maritime labour accident investigation team according to the model set out in Appendix III issued together with this Circular, coordinating with related agencies and units at the local level to conduct the investigation and prepare the investigation report on maritime labour accidents. The composition of the provincial-level maritime labour accident investigation team includes:

a) A representative from the Marine Port Control Office, Team Leader;

b) A representative from the Labour Inspectorate of the Department of Labour, Invalids and Social Affairs, Member;

c) A representative from the Health Department, Member;

d) A representative from the Provincial Trade Union, Member;

e) Inviting other members (if deemed necessary).

3. Central-level maritime labour accident investigation team

Upon receiving information about a maritime labour accident resulting in death or a serious maritime labour accident causing severe injuries to two or more seafarers occurring abroad or particularly serious accidents with complex nature if deemed necessary, the Vietnam Maritime Administration shall decide to establish a central-level maritime labour accident investigation team according to the model set out in Appendix IV issued together with this Circular, coordinating with related agencies and units to conduct the investigation and prepare the investigation report on maritime labour accidents. In cases where it is difficult to move to the location of the maritime labour accident abroad, the investigation team may request support and provide files for the investigation from the competent authorities of the foreign country or the Vietnamese representative office abroad. The composition of the central-level maritime labour accident investigation team includes:

a) A representative from the Vietnam Maritime Administration, Team Leader;

b) A representative from the Labour Inspectorate of the Ministry of Labour, Invalids and Social Affairs, Member;

c) A representative from the Ministry of Health, Member;

d) A representative from the General Confederation of Labour of Vietnam, Member;

e) Inviting other members (if deemed necessary).

4. The time limit for investigation, powers, duties, and procedures of the maritime labour accident investigation team shall comply with the relevant labour laws and occupational safety regulations.

Article 7. File of Maritime Labour Accident Case

1. The ship owner shall be responsible for preparing the file of the maritime labour accident case. If there are multiple seafarers injured in a maritime labour accident, each injured seafarer shall have a separate file.

2. The file shall include original or certified copies of documents as prescribed in Clause 1, Article 16 of Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labour Safety and Hygiene Law.

3. The storage of maritime labour accident files shall be regulated as follows:

a) The ship owner shall store the maritime labour accident files in accordance with Clause 8, Article 18 of Decree No. 39/2016/NĐ-CP;

b) The agency that establishes the provincial-level or central-level maritime labour accident investigation team shall store the maritime labour accident case files in accordance with the legal regulations on archiving.

Article 8. Responsibilities of Seafarers Involved in Accidents, Those Who Know About the Incident, and Those Related to Maritime Labor Accidents

Seafarers involved in accidents (except those who have died), persons who know about the incident, and those related to maritime labor accidents shall truthfully and fully report all circumstances they know regarding matters related to maritime labor accidents at the request of the Maritime Labor Accident Investigation Team and shall bear legal responsibility for their declarations.

Article 9. Responsibilities of Ship Owners and Captains When a Maritime Labor Accident Occurs on Board

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

2. Report maritime labor accidents in accordance with Article 5 of this Circular.

3. Maintain the accident scene intact for fatal maritime labor accidents and serious maritime labor accidents according to the following principles:

a) In cases where it is necessary to provide emergency care to the injured, prevent potential risks and losses to others that may occur, thereby disrupting the scene, the relevant entity must redraw the scene diagram, prepare a record, take photographs, and film the scene (if possible).

b) The scene can only be cleared and the deceased buried (if applicable) after completing the investigation steps as stipulated in this Circular and obtaining written approval from the Provincial Maritime Labor Accident Investigation Team or the police authority.

4. Immediately provide relevant documents, items, and means related to the accident upon request of the higher-level Maritime Labor Accident Investigation Team and bear legal responsibility for these documents, items, and means.

5. Create conditions for persons related to the accident to provide information to the Maritime Labor Accident Investigation Team when requested.

6. Establish a Maritime Labor Accident Investigation Team to investigate maritime labor accidents within their jurisdiction as prescribed in Clause 1, Article 6 of this Circular.

7. Provide full information related to maritime labor accidents to all seafarers on board.

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;

e) Printing documents related to maritime labor accidents;

f) Means of transportation at the location of the maritime labor accident to facilitate the investigation process;

g) Organizing a meeting to announce the investigation record of the maritime labor accident.

9. Implement measures to address and resolve consequences caused by maritime labor accidents; organize lessons learned; implement and report the results of implementing recommendations recorded in the Maritime Labor Accident Investigation Record; handle, within their authority, those responsible for causing the maritime labor accident.

Article 10. Statistics and Reporting of Maritime Labor Accidents

1. Responsibilities of ship owners in statistics and reporting of labor accidents concerning the subjects specified in Point a, Clause 1, Article 2 of this Circular are as follows:

a) Organize the statistical situation of maritime labor accidents in the model bookkeeping form prescribed in Appendix I issued together with Circular No. 08/2016/TT-BLDTBXH dated May 15, 2016, by the Minister of Labor, Invalids, and Social Affairs guiding the collection, storage, consolidation, provision, publication, evaluation of the situation of labor accidents and serious technical incidents causing occupational safety and health hazards.

b) Regularly report every six months and annually on maritime labor accidents causing their seafarers to take leave for one day or more to the Port Maritime Authority where the labor accident occurred. Reports must be sent before July 5 each year for the mid-year report and before January 5 of the following year for the annual report, using the format prescribed in Appendix V of this Circular. Reports should be sent via one of the following methods: directly, fax, postal service, email.

2. Port Maritime Authorities compile the situation of maritime labor accidents occurring in the first half of the year and throughout the year within their management area and submit consolidated reports on the situation of maritime labor accidents according to the format prescribed in Appendix VI 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. The Vietnam Maritime Administration compiles the situation of maritime labor accidents occurring in the first half of the year and throughout the year nationwide and submits consolidated reports on the situation of maritime labor accidents according to the format prescribed in Appendix V issued together with this Circular to the Ministry of Transport and the 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 11. Costs of investigating maritime labor accidents

1. The expenses under the responsibility of the ship owner as stipulated in Clause 8, Article 9 of this Circular shall be recorded as production costs, business costs, or service activity costs, or regular operating costs of administrative agencies as prescribed by law.

2. The competent authority investigating maritime labor accidents, the agency dispatching personnel to participate in the investigation of maritime labor accidents shall pay travel expenses for participants according to the provisions of the law for members of the maritime labor accident investigation team.

Article 12. Re-investigation of maritime labor accidents upon complaints and denunciations

The re-investigation of maritime labor accidents shall be carried out in accordance with the provisions of the law on complaints and denunciations and Article 17 of Decree No. 39/2016/NĐ-CP.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Responsibility for Implementation

1. The ship owner shall strictly comply with the provisions of this Circular, enhance measures to improve working conditions; regularly organize and evaluate occupational hazards; promote education to raise seafarers' awareness to prevent labor accidents.

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

3. Provincial Departments of Labor, Invalids and Social Affairs shall be responsible for disseminating and guiding the implementation of this Circular to ship owners, captains, and employers related to labor on their respective territories.

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 14. Effective Date

1. This Circular takes effect from January 1, 2019, replacing Circular No. 13/2017/TT-BLDTBXH dated May 15, 2017 of the Minister of Labor, Invalids and Social Affairs on the reporting, investigation, statistics, and reporting of maritime labor accidents.

2. In case of difficulties during implementation, they should be promptly reported to the Ministry of Transport for comments and guidance from the Ministry of Labor, Invalids and Social Affairs to consider and resolve.