Chương III Nghị định 39/2016/NĐ-CP: Khai báo, điều tra, báo cáo tai nạn lao động, sự cố kỹ thuật gây mất an toàn, vệ sinh lao động nghiêm trọng

Chapter III

NOTIFICATION, INVESTIGATION AND REPORT ON OCCUPATIONAL ACCIDENTS AND TECHNICAL INCIDENTS CAUSING SERIOUS OCCUPATIONAL UNSAFETY AND INSANITATION

Article 9. Classification of occupational accidents

1. Occupational accident causing employee’s death (hereafter referred to as fatal occupational accident) is the occupational accidents causing employee’s death in one of following cases:

a) Death at the scene of accident;

b) Death on the way to an emergency or during an emergency;

c) Death during treatment or death from wound recurrence caused by occupational accidents according to the conclusions in the record of forensic examination;

d) The employee is declared dead according to the conclusion of the Court for missing case.

2. Occupational accident causing serious injury to employee (hereafter referred to as serious occupational accident) is the one which causes at least one of injury to the employee as stipulated in Appendix II issued with this Decree.

3. Occupational accident causing light injury to employee (hereafter referred to as mild occupational accident) is the one not specified in Paragraph 1 and 2 of this Article.

Article 10. Time and content of notification of occupational accident

1. When notified of occupational accident which causes death or injures 02 employees or more, the employer of the facility where the accident occurs must make notification as specified under Point b, Paragraph 1, Article 34 of the Law on occupational safety and sanitation as follows:

a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence; case of fatal accident while informing the police agency of district, town, provincial city, city of centrally-run city (hereafter referred to as district-level Police);

b) The content of notification is under the Form specified in Appendix III issued with this Decree.

2. When notified of occupational accident which causes death or injures 02 employees or more in the fields of radioactivity, exploration and extraction of oil and gas, means of transport of railway, waterway, roadway, airway and the units of the people’s armed forces as specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation, the employer of the facility where the accident occurs must give notice as follows:

a) Notifies by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs of the place of accident occurrence and to the Ministry managing such sector or field under authority specified in Paragraph 2, Article 21 of this Decree, unless otherwise specified by the specialized law; in case of fatal accident, notifies the district-level police;

b) The content of notification is under the Form specified in Appendix III issued with this Decree.

3. When the occupational accident occurs to the employee not working under labor contract, the notification specified under Point Article, Paragraph 1, Article 34 of the Law on occupational safety and sanitation is made as follows:

a) Immediately after learning the workers is dead or seriously injured due to occupational accident, the family of the victim or the discoverer shall have to immediately make a notification to the People's Committee of communes, wards and townlets (hereinafter referred to as the commune-level People's Committee) where the occupational accident occurs.

b) When notified of occupational accident which causes death or seriously injures 02 employees or more, the communal People’s Committee where the accident occurs must notify by the fastest way (directly or phone, fax, telegram, electronic mail) to the Inspectorate of Department of Labor – Invalids and Social Affairs and district-level police under the Form specified in Appendix IV issued with this Decree.

Article 11. Decision on establishing occupational accident investigation Team

1. Grassroots occupational accident investigation Team

a) When notified of mild or serious occupational accident which causes serious injury to 01 employee under the management of the employer specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation, the employer must immediately establish a grassroots occupational accident investigation Team under the Form specified in Appendix V issued with this Decree.

b) For occupational accidents which occur at the place under the management of the employer, but the victim is the employee under the management of another employer, the employer at the place of accident occurrence must establish a grassroots occupational accident investigation Team while inviting the employer’s representative of the victim to participate in the Team.

2. Provincial occupational accident investigation Team

a) When notified of occupational accident which causes death or seriously injures 02 employees or more under the investigation authority, the Inspectorate of Department of Labor – Invalids and Social Affairs shall appoint its inspector within 02 hours and notify the bodies to appoint their employees to participate in the provincial occupational accident investigation Team.

b) For accidents specified under Point b, Paragraph 3, Article 19 of this Decree, after fully receiving dossier and documents related to the accident, the Inspectorate of Department of Labor – Invalids and Social Affairs shall notify the bodies which appoint their employees to participate in the provincial occupational accident investigation Team to conduct their investigation and make a record to verify the occupational accident.

c) Director of Department of Labor – Invalids and Social Affairs shall decide on establishing the provincial occupational accident investigation Team at the request of the Chief Inspector of Department of Labor - Invalids and Social Affairs under the Form specified in Appendix VI issued with this Decree.

3. Central occupational accident investigation Team

The establishment of central occupational accident investigation Team is specified in Paragraph 3, Article 35 of the Law on occupational safety and sanitation as follows:

a) The Minister of Labor – Invalids and Social Affairs shall decide to establish a  central occupational accident investigation Team, except for occupational accidents specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;

b) The Head of competent authorities according to the specialized law or the Minister of the Ministries specified in Paragraph 1 and 2, Article 21 of this Decree shall establish the central occupational accident investigation Team to investigate the cases of occupational accident which occur in the areas specified under Point c, Paragraph 1, Article 34 of the Law on occupational safety and sanitation;

c) The decision on establishing the central occupational accident investigation Team is made under the Form specified in Appendix VII issued with this Decree.

Article 12. Duties of member of occupational accident investigation Team

1. The Head of occupational accident investigation Team is responsible for:

a) Deciding the immediate investigation, even in case of absence of one of the members of investigation Team;

b) Assigning specific duties to each member of the Team;

c) Discussing the result of investigation of occupational accident; deciding and taking responsibility for his decision on the result of investigation of occupational accident;

d) Holding meeting to announce the Record of occupational accident investigation;

2. The members of occupational accident investigation Team are responsible for:

a) Performing duties assigned by the Head of the Team and participating in the general activities of the investigation Team;

b) Having the right to give and reserve their comments; in case of disagreement with the decision of the Head of the Team, the member can report to the Leader of bodies appointing employees to participate in the investigation Team;

c) Not disclosing information and documents during the investigation when the Record of occupational accident investigation has not yet been announced;

Article 13. Procedures for occupational accident investigation of the grassroots occupational accident investigation Team

The grassroots occupational accident investigation Team shall perform the investigation by the following procedures:

1. Collects traces, evidence and documents related to occupational accident.

2. Obtains the victim’s testimony, the person knowing the facts or person involved in the occupational accident under Form specified in Appendix VIII issued with this Decree.

3. Requests the technical inspection or forensic examination (if needed).

4. Analyzes the conclusion about: development and cause of occupational accident; conclusion about occupational accident; seriousness of violation and recommends the form of handling to the person who is at fault in the occupational accident; takes measures to remedy and prevent the recurrence of similar occupational accidents.

5. Makes record of occupational accident investigation under the Form specified in Appendix IV issued with this Decree.

6. Holds meetings to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree.

7. Participants of meeting to announce the Record of occupational accident investigation:

a) Head of occupational accident investigation Team;

b) Employer and person authorized in writing by the employer;

c) Members of occupational accident investigation Team;

d) Victim or victim’s representative, person who knows the facts or person concerned;

dd) Representative of the grassroots trade union executive committee or the direct superior trade union executive committee in case there is no grassroots trade union executive committee at such units.

8. If the participant attending the meeting does not agree with the content of the Record of occupational accident investigation, he can write his comments and sign in the Record.

9. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the grassroots occupational accident investigation Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the victim’s relative; Inspectorate of Department of Labor – Invalids and Social Affairs of employer’s head office; Inspectorate of Department of Labor – Invalids and Social Affairs at the place of accident occurrence.

Article 14. Procedures for occupational accident investigation of the provincial occupational accident investigation Team

The provincial occupational accident investigation Team performs its investigation by the following procedures:

1. Performs the contents specified in Paragraphs 1, 2, 3 and 4, Article 13 of this Decree.

2. Makes Record of occupational accident investigation under the Form specified in Appendix X issued with this Decree.

3. Holds meeting and prepares the Minutes of meeting to announce the Record of occupational accident investigation under the Form specified in Appendix XI issued with this Decree at the unit or the communal People’s Committee at the place of accident occurrence.

4. Participants of meeting to announce the Record of occupational accident investigation:

a) Head of occupational accident investigation Team;

b) Member of occupational accident investigation Team;

c) Employer and person authorized in writing by the employer in case the employee having accident works under labor contract; representative of communal People’s Committee at the place of accident occurrence in case the employee having accident does not work under labor contract;

d) Victim or victim’s representative, person who knows the facts or person concerned;

Representative of the grassroots trade union executive committee or the direct superior trade union executive committee at the place having no grassroots trade union executive committee in case the victim works under labor contract;

e) Invites the representatives of police agency and People's Procuracy which have joined the investigation in the event of fatal occupational accident.

5. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.

6. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the Ministry of Labor – Invalid and Social Affairs, the employers, victim or victim’s relative.

Article 15. Procedures for occupational accident investigation of the central occupational accident investigation Team

The central occupational accident investigation Team performs its investigation by the following procedures:

1. After the decision on establishing the occupational accident investigation Team, the Head of occupational accident investigation Team must notify immediately the bodies whose employees are members of occupational accident investigation Team.

2. The occupational accident investigation Team shall come to the place of accident occurrence and require the employer and the competent authorities to provide documents and means related to the accident and coordinate with the district or provincial Police to conduct the on-the-spot investigation to make a record of scene examination, injury examination, collection of trace, evidence and documents related to the accident.

3. Performs the contents specified in Paragraph 2, 3 and 4, Article 14 of this Decree.

4. If any participant of meeting does not agree with the content of the Record of occupational accident investigation, he can write comments and signs in the Minutes of meeting to announce the Record of occupational accident investigation; the employer or person authorized in writing by the employer shall sign and seal (if any) in the Minutes of meeting to announce the Record of occupational accident investigation.

5. Within 03 working days after the date of meeting to announce the Record of occupational accident investigation, the central occupational accident Team shall send the Record of occupational accident investigation and the Minutes of meeting to announce the Record of occupational accident investigation to the bodies having members in the occupational accident investigation Team, the employer, the victim or the victim’s relative or the Ministry of Labor – Invalid and Social Affairs where the occupational accident is investigated under the provisions of Paragraph 1 and 2 of Article 21 of this Decree.

Article 16. Dossier of occupational accident

1. The employer must prepare the occupational accident. The dossier comprises of the original or copy of the following documents:

a) Record of scene examination (if any);

b) Scene outline;

c) Photos of scene and victim;

d) Record of autopsy or injury examination, except for missing case as declared by the Court;

dd) Record of technical inspection, forensic examination and conclusion of judicial expertise (if any);

e) Record of testimony of the victim, the person who knows the facts or person concerned;

g) Record of occupational accident investigation;

h) Minutes of meeting to announce the Record of occupational accident investigation;

i) Certificate of injury of the medical facility which has treated the victim’s injury (if any);

k) Certificate of discharge of the medical facility which has treated the victim’s injury (if any);

2. In a case of occupational accident, if there are many persons having occupational accident, each person shall have a separate dossier.

3. Retention of dossiers of occupational accident;

a) The employer shall retain the dossiers of occupational accident in accordance with the provisions in Paragraph 8, Article 18 of this Decree.

b) The body establishing the provincial or central occupational accident investigation Team shall retain the dossiers of occupational accident in accordance with regulations of law on retention.

Article 17. Occupational accident re-investigation upon complaint or denunciation

1. Within 90 days after announcement of Record of occupational accident investigation, if there is any complaint or denunciation in accordance with regulations of law, the occupational accident re-investigation is done as follows:

a) Within 10 working days after receiving the complaint or denunciation, the body establishing the occupational accident investigation Team must review and handle such complaint or denunciation in accordance with the order, procedure and authority specified in the Law on Complaint and the Law on Denunciation;

b) Where the person making complaint or denunciation does not agree with the answer of the body or organization in charge of settlement specified under Point a of this Paragraph and continues making complaint or denunciation, the body having the authority to investigate in accordance with the provisions in Paragraph 2 and 3, Article 35 of the Law on occupational safety and sanitation shall establish the occupational accident investigation Team to conduct the occupational accident re-investigation  while informing in writing the result of re-investigation to the complainant or denouncer or stating the reasons in case of failure to conduct the re-investigation.

c) The establishment where the accident occurs and the grassroots occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the provincial occupational accident investigation Team;

d) The occupational accident investigation Team must provide all documents, objects and means related to the occupational accident to the central occupational accident investigation Team;

dd) Conclusion of the central occupational accident investigation Team is occupational accident final conclusion.

2. The previous Record of occupational accident investigation shall be invalidated when the Record of occupational accident re-investigation is announced.

Article 18. Responsibility of employer of facility where the occupational accident occurs

1. Promptly provides first-aid and emergency to the victim.

2. Notifies the occupational accident under the provisions of Article 10 of this Decree.

3. Keeps intact the scene of fatal occupational accident or serious occupational accident by the following principles:

a) In case of required emergency to the victim and preventing risks and damages potentially occurring to other people which disturbs the scene, the employer of the facility where the occupational accident occurs must draw the scene outline, make a record, take photos or film the scene (if possible)

b) Only removes the scene and bury the corpse (if any) after finishing the investigation steps in accordance with regulations of this Decree with the written consent of the provincial occupational accident investigation Team or police agency.

4. Immediately provides documents, objects and means related to the accident as required by the superior occupational accident investigation Team and takes responsibility before law for such documents, objects and means.

5. Creates the conditions for the employee related to the accident to provide information for the occupational accident investigation Team as required.

6. Establishes the grassroots occupational accident investigation Team to investigate the occupational accidents under the authority specified in Paragraph 1, Article 35 of the Law on occupational safety and sanitation and Paragraph 1, Article 11 of this Decree.

7. Provides all relevant information on occupational accident for all employees of his facility.

8. Completes and retain dossier of occupational accident for the employee during the period of time as follows:

a) 15 years for fatal occupational accidents;

b) Until the employee’s retirement for other occupational accidents.

9. Makes payment of expenses for occupational accident investigation including the re-investigation as stipulated under Point a, Paragraph 1, Article 27 of this Decree, except for case of occupational accident re-investigation as required by the social insurance body.

10. Takes remedial measures and settle the consequences due to occupational accident; learns from experience; implements and reports the result of implementation of recommendations specified in the record of occupational accident investigation; handles under authority the persons at fault for occupational accident.

Article 19. Notification, investigation and report on occupational accident towards Vietnamese employees working abroad

1. In addition to compliance with the law of the host country, the employers and employees working abroad still have to follow the notification, investigation and report as stipulated in this Article upon occurrence of occupational accident towards the employees in the following cases:

a) The employees going to work abroad under the contract of sending the employee to work abroad with the winning and contracting enterprises or organizations or individuals making investment abroad and sending employees to work abroad according to the Law on Vietnamese employees working abroad under labor contract;

b) The employees going to work abroad under the contract to send employees abroad to work in the form of internship for skill improvement with the enterprises sending employees abroad to work in the form of internship for skill improvement according to the Law on Vietnamese employees working abroad under labor contract;

c) The Vietnamese employees who perform duties abroad as assigned by the employers in accordance with the laws of Vietnam for the following duties: seminar or conference attendance, short-term study, reality study abroad.

2. The notification in cases specified in Paragraph 1 of this Article is specified as follows:

a) When the occupational accident occurs, the victim or the Vietnamese employee working abroad with the victim knowing the facts must notify the employer.

b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after receiving the notification of accident, the employer must notify by the fastest way (directly, phone, fax, telegram, email) the Inspectorate of Labor- Invalids and Social Affairs at the place of employer’s head office; the content of notification is under the Form specified in Appendix III issued with this Decree.

3. The investigation and verification for cases specified in Paragraph 1 of this Article are defined as follows:

a) The Vietnamese employee having accident while performing duties assigned by the employer at the rational location and time shall be entitled to the compensation and allowances as stipulated in Article 38 and 39 of the Law on occupational safety and sanitation.

b) In case of occupational accident which cause death or seriously injure 02 or more Vietnamese employees working abroad, within 05 working days after finishing the investigation, the employer must provide dossier and documents related to the occupational accident as stipulated in Paragraph 4 of this Article for the Inspectorate of Labor- Invalids and Social Affairs in Vietnam at the place of employer’s head office for reviewing and making record of verification of occupational accident under the Form specified in Appendix X issued with this Decree.

4. The employer must prepare and retain dossier and documents related to the occupational accident, including:

a) Decision of the facility sending the employee to work abroad;

b) Certified translation copy and copy of record of scene examination of foreign competent authorities;

c) Translation copy of copy of scene outline of the foreign competent authorities; scene photo; victim’s photo;

d) Certified translation copy and copy of record of autopsy or injury examination;

Certified translation copy of record of testimony of the victim, person knowing the facts or person concerned (if any);

e) Certified translation copy and copy of accident certificate of foreign competent authorities.

g) Certified translation copy and copy of injury certificate of foreign medical facility or injury certificate of Vietnam medical facility;

h) Certified translation copy and copy of certificate of discharge of foreign medical facility or injury certificate of Vietnam medical facility in case of treatment in Vietnam;

Article 20. Coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs

1. The coordinated investigation of fatal occupational accident is done as follows:

a) When detecting or receiving information on fatal occupational accident, the provincial occupational accident Team shall coordinate with the investigation police agency having the authority for the initial investigation to carry out the following: scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents while informing the People’s Procuracy at the same level to control the scene examination and autopsy;

b) The body which come to the place of occupational accident occurrence in advance shall notify the body coming later (the investigation police agency shall inform the provincial occupational accident investigation Team through the Inspectorate of Labor- Invalids and Social Affairs). After informing, if the provincial occupational accident investigation Team, the investigation police agency still conducts the scene examination, autopsy, testimony obtaining, collection of relevant dossier and documents as prescribed by law and notifies the provincial occupational accident investigation Team of the activities which the investigation police agency has done within the range of coordinated relation specified under Point a of this Paragraph;

c) As required by the investigation police agency and the People’s Procuracy, the provincial occupational accident investigation Team must provide the specialized information and documents on occupational safety and sanitation and information and documents for the purpose of investigation and settlement of occupational accident;

d) After finishing the making of record of scene examination and autopsy, the investigation police agency shall provide the copy of record of scene examination and copy of record of autopsy for the provincial occupational accident investigation Team;

dd) Within 10 working days after finishing the coordinated initial investigation, the provincial occupational accident investigation Team shall send the official letter to the investigation police agency and the People’s Procuracy with coordinate participation, specifying the viewpoint of cause and fault of persons concerned and if such accident is an occupational accident or not;

e) Within 10 working days after receiving the official letter from the provincial occupational accident investigation Team, the investigation police agency shall reply in writing if such accident is an occupational accident or not or not yet defined;

g) Where the investigation police agency defined it as occupational accident, the provincial occupational accident investigation Team shall conduct the investigation and draw conclusion as stipulated in Article 14 of this Decree and inform the result to the investigation police agency and the People’s Procuracy at the same level;

h) Where the investigation police agency has not defined it as occupational accident, the provincial occupational accident investigation Team shall suspend the occupational accident investigation until the conclusion of the investigation police agency.

2. The coordinated occupational accident investigation with criminal sign is done as follows:

a) During the occupational accident investigation under the authority specified in Paragraphs 1, 2 and 3, Article 35 of the Law on occupational safety and sanitation and the Articles 13, 14, 15, 17, 19, 21 and 22 of this Decree, if detecting the circumstances with criminal signs, the occupational accident investigation Team shall send document to recommend the prosecution, enclosed with the original documents, transfer of relevant objects and means (if any) to the investigation police agency for review and prosecution of criminal case as prescribed by law while sending document to the People’s Procuracy at the same level;

b) The investigation police agency must settle the recommendations of prosecution and inform the settlement result as prescribed by law.

3. Responsibility of investigation police agency in case of deciding not to prosecute the criminal case to the occupational accident is as follows:

a) Within 24 hours after issuing the decision on non-prosecution of criminal case to the occupational accident, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level;

b) Within 03 days, after receiving the written consent to no prosecution of the People’s Procuracy, the investigation police agency shall send this decision on non-prosecution of criminal case and hand over the objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.

4. Responsibility of investigation police agency in case of deciding to prosecute the criminal case to the occupational accident is as follows:

a) Within 24 hours after issuing the decision on prosecution of criminal case, the investigation police agency shall send this decision and relevant documents to the People’s Procuracy at the same level while sending the copy of this decision to the Department of Labor – Invalids and Social Affairs;

b) Within 02 days after the conclusion of investigation, the investigation police agency shall send the investigation conclusion to the People’s Procuracy at the same level and the Department of Labor – Invalids and Social Affairs;

c) Within 03 days after receiving the written consent to suspension of investigation from the People’s Procuracy, the investigation police agency shall hand over the documents, objects and means related to the case to the occupational accident investigation Team for case which is recommended under Point a, Paragraph 2 of this Article, or to the body having the authority to establish the occupational accident investigation Team corresponding to the occupational accident as stipulated in Paragraphs 1, 2 and 3 of the Law on occupational safety and sanitation and Article 21 of this Decree.

5. When handing over the documents, objects and means related to the occupational accident as specified under Point a, Paragraph 2, Point b, Paragraph 3, Point c, Paragraph 4 of this Article, there must be a document of handover. The documents, objects and means handed over comprise of:

a) Decision on non-prosecution of criminal case in case specified under Point b, Paragraph 3 of this Article;

b) Record of scene examination;

c) Scene outline;

d) Photos of scene and victim (if any);

dd) Record of examination of traces on the body; record of autopsy (if any);

e) Record of testimony of the victim (if any), the witness and the persons having interests and obligations related to the occupational accident;

g) Result of judicial expertise (if any);

h) Objects and means related to the occupational accident (if any) subject to be handed over as prescribed by law and the record of seizure.

6. On the basis of each year, the provincial police agency shall inform the Department of Labor – Invalids and Social Affairs of the reality of occupational accident with criminal signs with prosecution, non-prosecution, investigation suspension and prosecution.

7. The Department of Labor – Invalids and Social Affairs, the provincial police agency and the provincial People’s Procuracy shall develop the regulation on coordinated investigation of fatal occupational accident and other occupational accidents with criminal signs.

Article 21. Occupational accident investigation in particular fields

Where the occupational accidents occur in the fields of radioactivity, exploration and oil and gas extraction, the means of transportation of railway, waterway, roadway, airway and units of the people’s armed forces, the occupational accident investigation is done as follows:

1. Accident investigation according to regulations of specialized law.

2. For fatal occupational accidents and occupational accidents which seriously injure two employees or more but the specialized law does not define the occupational accident, the investigation bodies shall conduct the investigation under their authority as follows:

a) The Ministry of Science and Technology shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of radioactivity;

b) The Ministry of Transport shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred on the means of transportation of railway, waterway, roadway, airway; means and equipment of oil and gas exploration and extraction at sea;

c) The Ministry of Industry and Trade shall set up an occupational accident investigation Team to investigate the occupational accidents which have occurred in the field of oil and gas exploration and extraction; except for case of occurrence on means and equipment of oil and gas exploration and extraction at sea;

d) The Ministry of Defense and the Ministry of Public Security shall set up the occupational accident investigation Team to investigate the occupational accidents occurring in the units of the people’s armed force under their management.

dd) The occupational accident investigation Team specified under Points a, b, c and d of this Paragraph shall coordinate with the Inspectorate of Labor – Invalids and Social Affairs to investigate; the procedures for investigation shall comply with the provisions in Article 15 of this Decree.

3. For mild occupational accidents or the ones which seriously injure one employee but the specialized law does not define the occupational accident investigation, the employer shall conduct the occupational accident investigation as stipulated in Paragraph 1, Article 11 and 13 of this Decree.

4. The Record of occupational accident investigation under the Form specified in Appendix IX and X issued with this Decree.

Article 22. Investigate occupational accidents which injure one employee and turn into fatal occupational accident

For occupational accidents which injure the employee under the employer’s investigation authority, but after that, the employee died during the treatment or due to the recurrence of injury caused by the occupational accident, the coordinated investigation is stipulated as follows:

1. The grassroots occupational accident investigation Team must hand over all documents related to the occupational accident under investigation to the provincial occupational accident investigation Team;

2. Where the grassroots occupational accident investigation Team has not yet conducted its investigation, the provincial occupational accident investigation Team shall continue its investigation by the procedures for fatal occupational accident specified in Article 14 of this Decree;

3. Where the grassroots occupational accident investigation Team has finished its investigation of occupational accident, the provincial occupational accident investigation Team shall review the dossier of occupational accident which it receives and assess the result of investigation of the grassroots occupational accident investigation Team; in case of necessity, it shall conduct the re-investigation and make a record of investigation for this occupational accident as stipulated in Article 17 of this Decree.

Article 23. Traffic accident investigation related to labor

Where the employee has traffic accident while performing the occupational work or duties or while going from his residence to workplace or vice versa, the occupational accident investigation Team having the authority specified in Paragraphs 1, 2, 3 and 4, Article 35 of the Law on occupational safety and sanitation, Article 11 and 21 of this Decree shall conduct its verification and make record of occupational accident investigation based on one of the following documents:

1. Dossier for settlement of traffic accident of the traffic police agency;

2. Written certification of the accident of the communal police agency where the accident occurs.

3. Written certification of accident of local government where the accident occurs.

Article 24. Time and form of occupational accident report

The occupational accident report as stipulated in Article 36 of the Law on occupational safety and sanitation is made as follows:

1. The employer shall send the general report on the reality of occupational accident to the Department of Labor – Invalids and Social Affairs where the employer’s head office is situated; the report must be sent before the 5^th of July annually for the first 06 months and before the 10^th of January of the subsequent year of the annual report under the Form specified in Appendix XII issued with this Decree. The report is sent by one of the following forms: directly, fax, post, email.

2. The communal People’s Committee shall report the occupational accident and technical incident which causes serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area specified in Paragraph 2, Article 36 of the Law on occupational safety and sanitation to the district People’s Committee under the Form specified in the Appendix XVI issued with this Decree before the 5^th of July for the first 06 month report and before the 5^th of January of subsequent year for the annual report.

3. The district People’s Committee shall summarize the occupational accidents and technical incidents causing serious occupational accident unsafety and insanitation related to the employee who does not work under labor contract and occurs in the area and report to the Department of Labor – Invalids and Social Affairs under the Form specified in Appendix XVI issued with this Decree before the 10^th of July for the first 06 month report and before the 10^th of January of subsequent year for the annual report.

4. Reporting responsibility of the Department of Labor – Invalids and Social Affairs:

a) Rapidly reports the fatal occupational accidents and serious occupational accidents which injure 02 employees or more to the Ministry of Labor – Invalids and Social Affairs under the Form specified in the Appendix XIII issued with this Decree.

b) Summarizes the reality of occupational accidents in the first 06 months and 01 year in the provincial areas; sends the general report on reality of occupational accident under the Form specified in Appendix XIV and Appendix XV issued with this Decree to the Ministry of Labor – Invalids and Social Affairs (Bureau for safe work) and the provincial Department of Statistics before the 15^th of July for the first 06 month report and before the 25^h of January of subsequent year for the annual report.

5. The bodies in charge of occupational accident investigation in the particular fields as stipulated in Paragraph 4, Article 35 of the Law on occupational safety and sanitation and Article 21 of this Decree must report the reality of occupational accident under their investigation authority and send it to the Ministry of Labor – Invalids and Social Affairs before the 15^th of July for the first 06 month report and before the 25^h of January of subsequent year for the annual report under the Form specified in Appendix XVII issued with this Decree.

Article 25. Provision of information about the case where the victim of occupational accident is examined and treated at the medical facility

1. The medical facility shall make statistics of cases of occupational accident which are examined and treated at the facility and sends it to the Department of Health before the 5^th of July for the first 06 month report and before the 10^th of January of subsequent year for the annual report under the Form specified in Appendix XVIII issued with this Decree.

2. The Department of Health shall make a summary of victims of occupational accident who are examined and treated at the medical facility in the areas under the Form specified in Appendix XIX issued with this Decree and send it to the Ministry of Health before the 15^th of July for the first 06 month report and before the 25^th of January of subsequent year for the annual report.

3. The Ministry of Health shall send the summary of victims of occupational accident who are examined and treated at the medical facility to the Ministry of Labor – Invalids and Social Affairs before the 31^st of July for data of the first 06 month and before the 15^th of February of the subsequent year for the annual data under the Form specified in Appendix XX issued with this Decree.

Article 26. Notification, investigation and report on technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation

1. Upon occurrence of incident which causes death or serious injury to 02 persons or more but the victims are not the employees under the employer’s management or when the employee is in distress but the casualty is unknown, the employer of the facility where the incident occurs must notify it by the fastest way to the Inspectorate of Department of Labor – Invalids and Social Affairs where the incident occurs and to the district Police if the victim is dead under the Form specified in Appendix III issued with this Decree.

2. In addition to the notification specified in Paragraph 1 of this Article, the technical incidents causing occupational unsafety and insanitation and technical incident causing serious occupational unsafety and insanitation must be notified, investigated, counted and reported in accordance with the specialized laws.

3. For the technical incident causing serious occupational unsafety and insanitation but the specialized laws have not yet defined the notification, the following provisions must be observed:

a) The person who detects or receives the notification of technical incident causing serious occupational unsafety and insanitation must notify immediately the employer of the facility where the incident has occurred or to the communal People’s Committee where the incident has occurred. The employer or the communal People’s Committee must notify immediately the district People’s Committee where the incident has occurred;

b) For technical incident causing serious occupational unsafety and insanitation pertaining to the many business and production establishments and localities, the employer and locality where the incident has occurred must notify immediately the district and provincial People’s Committee.

4. After conducting the investigation of technical incident causing serious occupational unsafety and insanitation in accordance with the specialized laws, the competent state authorities shall take responsibility for investigation and send the result, conclusion and investigation record to the provincial Department of Labor – Invalids and Social Affairs where the incident has occurred, the Ministry of Labor – Invalids and Social Affairs and the relevant bodies.

Article 27. Expenses of occupational accident investigation

1. The expenses of occupational accident investigation for the employees working under labor contract are stipulated as follows:

a) The employer is responsible for paying all expenses, including: scene reconstruction, shooting, printing, photo enlargement of scene and victim; technical inspection solicitation and forensic examination (in case of necessity); autopsy, printing of documents related to the occupational accident; vehicles at the place of occupational accident occurrence for the investigation of occupational accident; meeting to announce the record of occupational accident investigation;

b) The body having the authority to investigate the occupational accident and the body appointing its employee to participate in occupational accident investigation shall pay the traveling expenses to the participants under the current laws.

c) The expenses of occupational accident investigation from the employer shall be accounted in the costs of business and production and are the rational expenses to calculate and pay the corporate income tax in accordance with the provisions of the Law on corporate income tax; where the employer is a non-business enterprise, these expenses shall be accounted in the expenses and price of non-business services and are the rational expenses to calculate and pay tax according to regulation; where the employer is an administrative body, these expenses shall be allocated in its regular operational costs of the units and bodies.

2. The rational expenses pertaining to the occupational accident investigation of the employee who does not work under labor contract shall be paid by the communal People’s Committee and the state body having the authority to investigate the occupational accident in the regular operational costs of the units and bodies.

Article 28. Settlement of occupational accident benefits for the employee in case the occupational accident has decision on criminal case prosecution

The settlement of occupational accident benefits for the employee in case the occupational accident has decision on criminal case prosecution as stipulated in Paragraph 11, Article 35 of the Law on occupational safety and sanitation is specified as follows:

1. Where the time limit for investigation is over but the investigation police agency cannot identify the person who causes the accident or the criminal case is suspended, the employer and the social insurance body must fully implement the responsibility to the affected person as stipulated in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.

2. Where the investigation police agency issues a decision on prosecuting the accused but the affected employee is not the accused, the employer and the social insurance body still have to fully implement the responsibilities to the affected employee as prescribed in the Law on occupational safety and sanitation like the case where the occupational accident occurs not due to entirely the employee’s fault.

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