JOINT CIRCULAR

GUIDELINES FOR DECLARATION, INVESTIGATION, MAKING RECORDS, STATISTICS AND PERIODIC REPORT ON OCCUPATIONAL ACCIDENTS

Pursuant to Decree 06/CP, dated 20th January, 1995 of the Government regulating in details several provisions of the Labour Code on occupational safety, hygiene and health;

Pursuant to Decree 110/2002/ND-CP, dated 27th December, 2002 of the Government on the amendment and supplementation of several articles of Decree
06/CP dated 20th January, 1995 of the Government;

The Ministry of Labour, Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labour guide the declaration, investigation, making records, statistics and periodic report on occupational accidents as follows:

I. GENERAL PROVISION

1. Subject of application

This Circular is applied to enterprises, agencies, organizations  and individuals employing workers, including :

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1.2 Enterprises which are established and are operating under the Enterprise Law;

1.3 Enterprises which are established and are operating under the Law on Foreign Investment in Vietnam;

1.4 Enterprises of political organizations and socio-political organizations;

1.5 Households, individual businesses, and co-operative business groups;

1.6 Co-operatives which are established and are operating under the Co-operative Law;

1.7 Administrative and non-productive organizations, political organizations, socio-political organizations, socio-politic-trade organizations, other social entities, including organizations and units authorized to run businesses of production, trading and services under administrative, non-productive institutions, the Party, mass associations, and other financially self-reliant public organizations;

1.8 Semi-public, private institutions operating in culture, health, education, training, science, gymnastics and sport, and other non-productive institutions;

1.9 Commune, ward and town medical stations;

1.10 Foreign agencies, institutions and individuals or International organizations located in Vietnam except for the cases operating under the other regulations in international treaties which Vietnam has signed or acceded to;

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2. Occupational accidents and types of occupational accidents

2.1 Occupational accidents:

a) Occupational accident is an accident caused by dangerous, harmful factors in the course of employment which results in injury to any part, function of worker's body or death in the working process related to work performance or task assigned including time for satisfying essential needs stipulated by the Labour Code such as short break, mid-shift meal, meal of allowances in kind, tidying up in menses, bathing, breeding babies, going to toilet, preparing and finishing work at the workplace.

b) The following cases are considered occupational accidents: accidents happening to workers on their way to and from the workplace at reasonable time and place (on the daily routes to and from work) or other accidents caused by factors such as natural disasters, fire, and other risky factors related to the performance of work and tasks assigned.

2.2 Classification of occupational accidents

a) Fatal occupational accidents: the victims die at the place where the accident occurs, die on the way to hospital, die while being given emergency first aid, die in the course of treatment, die because of recurrence of the wounds caused by the occupational accidents which have happened in time specified in item i, point 3.1 section II of this Circular;

b) Serious occupational accidents: the victims suffer at least one of the injuries stipulated in the Appendix attached to this Circular;

c) Light occupational accidents: all other accidents which do not fall into the above-mentioned categories.

II. DETAILED PROVISIONS

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1.1 When occupational accidents occur, the victim and the person who witnesses or is connected with occupational accidents such as an employee, a manager have the responsibility to immediately inform to the employer so that the employer can timely make reports as stipulated by this Circular.

1.2 All cases of fatal and serious accidents must be reported by the employer of the victim (except employers in fields specified in point 1.3 below)  in the fastest way (telephone, fax, telegram...) to the inspection staff of the Department of Labour, Invalids and Social Affairs, the Public Security at the District level, and the direct higher authority (if any). The accident shall be reported to the local authority where the accident happens.

In case the victim dies in the course of treatment or die because of recurrence of the wounds caused by occupational accidents (based on the conclusion of an autopsy report), the employer shall report to the Department of Labour, Invalids and Social Affairs after the victim dies to provide related benefits for the victim in accordance with the provision of the Law in force.

1.3 Occupational accidents occur in the branches of industries such as radiation, exploration, oil and gas exploitation; on means of transport by road, rail, water and air, in enterprises of people's army forces shall be reported to the administration authorities of the corresponding fields.

1.4 Content of the report is subject to Form No. 1 attached to this Circular.

2. Investigation and making record on occupational accidents

2.1 Members of the occupational accident investigation commission

a) The occupational accident investigation commission at the unit level includes:

- The employer (the owner of the unit) or the representative of the employer as the leader of the investigation commission;

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- Occupational safety, hygiene and health officer of the unit as a member.

b) The occupational accident investigation commission at the provincial level:

The Director of the Department of Labour, Invalids and Social Affairs decides to establish the occupational accident investigation commission at the provincial level at the request of the Chief inspector of the local Department of Labour, Invalids and Social Affairs (referred to in Form No. 2 attached to this Circular).

The occupational accident investigation commission at the provincial level includes:

- Representative of the Inspection of the local Department of Labour, Invalids and Social Affairs as the leader of the commission;

- Representative of the provincial Confederation of Labour as a member. In case the victim working in the agricultural field, a representative of the Provincial Association of Farmers shall be invited to do as member;

- Representative of the Department of Health as a member.

c) The occupational accident investigation commission at the central level:

The Minister of the Ministry of Labour, Invalids and Social Affairs decides to establish the occupational accident investigation commission at the central level at the request of the Chief Inspector of the Ministry of Labour, Invalids and Social Affairs (referred to in Form No 3 attached to this Circular).

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- A representative of the Inspection of the Ministry of Labour, Invalids and Social Affairs as the leader of the commission, representative of the Vietnam General Confederation of Labour as member. In case the victim working in the agricultural field, a representative of the Vietnam Association of Farmers shall be invited to do as member;

- Representative of the Ministry of Health as member.

  2.2 Investigation competence

a) The occupational accident investigation commission at the unit level is obliged to investigate and make records on all light and serious occupational accidents at the workplace of the unit (except for the cases referred to in Points b and c below)

b) The occupational accident investigation commission at the provincial level is obliged to investigate and make records on all fatal occupational accidents which happen in the locality (except for the cases referred to in Points c, e and g below). Serious occupational accidents are investigated by the decision of the occupational accident investigation commission establisher only if the person, who issues decision on establishment of occupational accident investigation commission, finds it necessary; reinvestigation on occupational accidents which have been investigated by the occupational accident investigation commission at the unit level as stipulated at Point 2.7, Clause 2, Section II of this Circular;

c) The occupational accident investigation at the central level is obliged to investigate and make records on fatal occupational accidents if the person, who issues decision on establishement of occupational accident investigation commission, finds it necessary. During the investigation process, the occupational accident investigation commission at the central level needs to co-ordinate with the bodies that are members of the occupational accident investigation commission at the provincial level and reinvestigation on the occupational accidents which have been investigated by the occupational accident investigation commission at the provincial level as stipulated at Point 2.7, Clause 2, Section II of this Circular;

d) In case the bodies of health, trade unions and the Association of Farmers do not nominate their representatives to participate in the investigation commission, the investigation commission shall keep investigating so that the occupational accident is immediately investigated;

e) Commuting accidents considered occupational accidents are investigated and made records by the Police where the occupational accidents take place, except for cases occurring on internal roads of the unit;

g) Occupational accidents occurring in the fields mentioned in Point 1.3, Clause 1, Section II of this Circular are investigated and made records by the investigation commissions which are formed by decision of competent bodies of the corresponding fields in accordance with the provisions in this Circular;

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2.3 Responsibilities of the members of the investigation commission

a) The investigation commission's leader shall be in charge of:

- All activities of the commission and assigning the tasks to the members of the investigation commission;

- Organizing discussion to reach consensus in case disagreement on the occupational accident exits among the commission members. If the final agreement cannot be made, the leader of the investigation commission shall make the final conclusion and be self-responsible for that final decision;

- Publicizing the investigation records on occupational accident.

b) The members of the commission are obliged:

- To carry out every task assigned by the leader;

- To contribute to general operations of the investigation commission;

- To have the right to reserve to their own opinion and report to the manager of the body the members belong to;

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2.4 Time limit of investigation and making records on occupational accidents:

a) All occupational accidents shall be investigated and made records since the occurrence of the accident with the time limit as follows:

- Not more than 24 hours for light occupational accidents;

- Not more than 48 hours for serious occupational accidents;

- Not more than 10 working days for serious occupational accidents of 02 victims or more;

- Not more than 20 working days for fatal occupational accidents;

- Not more than 40 working days for occupational accidents requiring technical examination.

b) For fatal occupational accidents and serious occupational accidents requiring time extension for investigation, the leader of the investigation commission shall report and get permission for extension from the person who decided to establish the investigation commission within 05 working days before the time limit expires. The extended time for the investigation shall not exceed the limits as stipulated at Point (a) of this Item 2.4.

2.5 Steps of investigation and making records:

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b) The occupational accident investigation commission shall hurry up to the scene of the occupational accident for investigation and making records with the following steps:

- To examine the scene;

- To collect evidence and documents related to the occupational accident;

- To record declaration of the victims, witnesses and other persons related to the accident as stipulated in Form 4 attached to this Circular;

- To propose for tech-examination (if necessary);

- To process and analyze the declarations and evidences collected to identify the following major issues:

+ The process of the labour accident;

+ The causes of the labour accident;

+ The seriousness of violation, faults and responsibilities of the persons who are guilty in the occupational accident and proposed corresponding penal forms;

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- To set up an investigation record subject to Form 5 (for the occupational accident investigation commission at the unit level) and Form 6 (for the occupational accident investigation commission at the provincial or central level) attached to this Circular.

c) The occupational accident investigation commission at the provincial level organizes shall assume the prime responsibility for, and co-ordinates with the District Police to investigate at the scene of the occupational accident in order to make records on the scene check, autopsy examination, injury examination; and to collect evidential objects for fatal and serious occupational accidents.

d) During the investigation process, if there is any criminal sign, the occupational accident investigation commission at the Provincial or Central level shall propose the District or Province Police to consider and prosecute a criminal case, which causes a serious occupational accident. The occupational accident investigation commission is obliged to provide the documents related to the occupational accident at the request of the police bodies for investigation and settlement.

e) Announcement of the occupational accident record:

- The occupational accident investigation commission at the unit level organizes the announcement of the investigation record on the occupational accident within the commission’s jurisdiction to the victims and persons related to the occupational accident right after the investigation finishes.

- The provincial or central occupational accident investigation commission shall organize a meeting right after the investigation finishes to announce the investigation records on fatal or serious occupational accidents at the unit where the accident occurs. The participants of the meeting include:

+ The leader of the investigation commission, who chairs the meeting;

+ The members of the investigation commission;

+ The employer or the person who is authorized in writing;

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+ The victims, the representatives of the relatives of the fatal victims, the witnesses and the persons responsible for or beneficial from the occupational accident;

+ The representatives of the direct higher authority of the unit (if any)

- If the employer does not agree with the content of the occupational accident record, the employer is entitled to write down the disagreement in the record, but shall sign and seal (if possible) in the record and carry out all the proposals of the albour accident investigation commission.

- The record of the meeting shall be made as stipulated in Form 7 attached to this Circular. The meeting's record must bear the signatures of all the participants.

- The provincial occupational accident investigation commission shall send the record of the occupational accident investigation and the record of the meeting announcing the occupational accident investigation to the provincial bodies who are members of the occupational accident investigation commission, the Ministry of Labour, Invalids and Social Affairs, the local Social Insurance agencies, the unit where the occupational accident happens, the victims or the relatives of the fatal victims, within 5 working days since the investigation record being announced.

2.6 Occupational accident file:

a) The occupational accident file includes:

- Record on the scene check;

- The scene diagram;

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- Autopsy or injury examination records;

- Tech-examination record (if any);

- Records taking statements of the victims, the witnesses and the persons responsible for or beneficial from the occupational accident;

- Record of investigation on the occupational accident;

- Record of the meeting announcing the occupational accident investigation record;

- Other documents connected with the occupational accident.

b) There shall be a separate occupational accident file for each victim of an occupational accident.

c) The period of time to store an occupational accident file at unit occuring occupational accident and agencies being member of investigation commission is stipulated at Item (i), Point 3.1, Clause 3, Section II of this Circular.

2.7. Re-investigation on occupational accidents

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b) The unit where the occupational accident occurs and the provincial investigation commission are obliged to provide the re-investigation commission with the full occupational accident file and all material evidence of the occupational accident.

c) The legal validity of the first occupational accident investigation record will expire when the re-investigation record is announced.

d) The re-investigation time limit shall not exceed 20 working days since the announcement of the re- investigation decision.

3. Responsibilities of the unit where the occupational accident happens

3.1. Employers are obliged:

a) To timely provide first and emergency aid for the victims;

b) To report the occupational accident as referred to Clause 1, Section II of this Circular;

c) To keep the scene of a fatal or serious occupational accident unchanged;

In case the scene of the occupational accident is changed due to first aid for the victims and damage prevention for the employees, the unit shall draw the scene diagram, make the scene examination record as stipulated by the current regulations, take photographs or a film of the scene (if possible);

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d) To provide immediately all documents and material evidence related to the occupational accident at the request of the investigation commission and be responsible to the Law for the documents and material evidence provided;

e) To create conditions for the witnesses and persons related to the occupational accident in providing information on the occupational accident at the request of the investigation commission;

f) To organize investigation and make record on occupational accidents as stipulated at Clause 2 Section II of this Circular.

g) To submit the occupational accident investigation record prepared by the unit to the victims, the Social Insurance agencies, and the bodies taking part in the investigation commission of provincial level within 5 working days since the announcement of the occupational accident investigation record;

h) To fully inform the occupational accident to the employees of the unit to prevent similar occupational accidents or the reoccurrence of the occupational accident;

i) To store the files of the fatal occupational accidents for 15 years and the files of the other occupational accidents until the victims of the occupational accidents retire;

k) To pay all the expenses of the investigation and reinvestigation of the occupational accident, including:

- Restoring the scene;

- Taking, printing. zooming photographs of the scene and casualties;

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- Technical assessment (if any);

- Autopsy examination;

- Organizing a meeting announcing the occupational accident investigation record;

The above expenses are accounted as part of the costs of goods sold or circulating costs of the unit. For administrative and non-productive bodies, the above expenses are recorded as current expenditure of the bodies. For households and individuals, they are obliged to pay the above expenses;

l) To implement measures to mitigating and dealing with the consequences of the occupational accident; to organize after-accident reviews; to implement and report the execution of the proposals written in the occupational accident investigation record; to punish within the jurisdiction the persons who have fault in occurrence of the occupational accident.

3.2 Responsibilities of the victims, the witnesses, and the persons whose benefits and obligations are related to the occupational accident

The victims, the witnesses, and the persons whose benefits and obligations are related to the occupational accident are obliged to honestly and fully declare all the details they know about the occupational accident at the request of the occupational accident investigation commission and responsible to the Law about every thing declared or concealed.

4. Statistics and periodic report on occupational accidents

4.1. Within 5 working days since the announcement of the occupational accident investigation record, the unit shall record statistics on all occupational accidents, which make the employees of the unit off work for 1 day or more, and put the statistics in the Occupational Accident Statistics Book as referred to Form 8 attached to this Circular.

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4.2 The unit shall periodically report on occupational accidents to the local Department of Labour, Invalids and Social Affairs where the head office of the unit is located and other bodies being members of the occupational accident investigation commission at the provincial level.

4.3 The Police shall copy the file of commuting accidents, which are considered occupational accidents and send the copied file to the unit whose employees are the victims to carry out periodic occupational accident statistics. When there are proposals from the unit, the victims or relatives of the victims, the copying of the occupational accident files shall be made within 20 working days.

4.4 For the occupational accidents occurring in the fields of industries mentioned in Point 1.3, Clause 1, Section II of this Circular, the unit shall make periodic statistics and occupational accident reports as stipulated at Clause 4, Section II of this Circular

4.5 Every 6 months and 1 year, the unit shall collect, classify and make periodic reports on occupational accident situation subject to Form 9 attached to this Circular, and send the statistics and reports to the Department of Labour, Invalids and Social Affairs and other bodies being members of the provincial occupational accident investigation commission before the 5th July for the report of the first 6 months, and before the 10th January of the following year for the entire year report. If there is no occupational accident, the unit shall state clearly ‘no occupational accident’.

4.6 The Department of Labour, Invalids and Social Affairs shall collect, classify and make periodic reports on occupational accident situation every 6 month and 1 year subject to Form 10 attached to this Circular, and send the reports to the Ministry of Labour, Invalids and Social Affairs (The Bureau of Occupational Safety and the Inspection of the Ministry of Labour, Invalids and Social Affairs) and Bureaus of Statistics of provinces and cities directly under the Centre before 15th July for the reports of the first 6 months, and before the 20th January of the following year for the entire year reports.

III. IMPLEMENTATION

1. Units shall fully and strictly follow the regulations as stipulated by this Circular; simultaneously reinforce measures to improve working conditions, preventative measures to occupational accidents; review internal rules and processes for occupational safety, hygiene and health of the unit; propagate and educate to improve awareness of the employer and the employees to minimize occupational accident occurrence.

2. Departments of Labour, Invalids and Social Affairs, Departments of Health, Confederations of Labour of provinces and cities under the Centre are responsible to propagate and guide the implementation of this Circular for all the units in the localities.

3. Ministries, Ministry-equivalent bodies, People’s Committees of provinces and cities directly under the Centre steer, supervise and speed up the units under their administration to implement the regulations of this Circular.

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IV. IMPLEMENTATION PROVISIONS

1. This Circular is effective after 15 days from its publication on the official gazette;

2. Circular No. 23/LDTBXH-TT dated 18/11/1996 of the Ministry of Labour, Invalids and Social Affairs guiding the implementation of regulations on periodic statistics and report on occupational accidents and Joint-Ministerial Circular No. 03/1998/TTLT/BLDTBXH-BYT-TLDLDVN dated 26/03/1998 of the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labour guiding the declaration and investigation on occupational accidents are repealed.

3. Any problems and proposals during the implementation of this Circular shall timely be reported to the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labour for review and solutions./.

ON BEHALF OF SIDIUM VIETNAM GENERAL CONFEDERATION OF LABOUR CHAIRPERSON




Cu Thi Hau

MINISTER OF HEALTH

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MINISTER OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS

Nguyen Thi Hang

Places to deliver :
- Office of the President;
- Office of the National Assembly;
- Office of the Central Party and committees of the Party;
- Office of the Government;
- Ministries, Ministry-equivalent organizations, organizations under the Government;
- People’s supreme procuracy;
- People’s supreme court;
- People’s committees of provinces and cities under the Centre;
- Departments of Labour, War Invalids and Social Affairs; Departments of Health, Confederations of Labour of provinces and cities under the Centre;
- Central organizations of socio-political bodies;
- Official gazette;
- Bureau of Document Inspection of the Ministry of Justice;
- Save in Bureau of Occupational Safety of the Ministry of Labour, Invalids and Social Affairs (4), Bureau of Preventive Medicine and HIV/AIDS Control of the Ministry of Health, Committee of LabourInsurance of the Vietnam General Confederation of Labour.

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APPENDIX

LIST OF INJURIES CAUSED BY SERIOUS OCCUPATIONAL ACCIDENTS
(Promulgated in Attachment to Joint-Ministerial Circular No. 14/2005/TTLT/BLDTBXH-BYT-TLDLDVN dated 8 March, 2005)

NUMBER CODE  - TYPE OF INJURIES

01. HEAR, FACE, NECK

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012. brain battery;

013. blood clot in the skull;

014. broken skull;

015. sloughing off head skin;

016. pupillary dilatation injure;

017. broken and battered membrane bone of the skull;

018. broken face and jaw bones;

019. broad facial part injure;

0110. Injured neck, infecting trachea and esophagus.

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021. Thoracal injure that effects internal organs;

022.  Mediastinal compression syndrome;

023. Battered chest wall or seriously pressed chest wall;

024. Fractured ribs;

025. Broad abdominal injure;

026. Injured and battered at belly effecting the internal organs;

027. holed or broken viscera in the iibiinminal hub;

028. injured that effect the movement of backbone

029. broken or inverted backbone;

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0211. injured pelvis that effects the movement of body and feet

0212. injured sex organs

03.        Arms

031. Injured bone, nerve, vessel that effects the movement of arms;

032. Injured non-boned parts of arms

033. Inrujed shoulder, arm, hand that dose harm to sinew

034. battered, broken, grinned of scaffold bone, scapular bone, humeral bone, carpal bone, l bone, phalanx bone

035. inverted large bone joints.

04.        Legs

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042. broad injure of legs;

043. broken and battered of flank bone, femoral bone, phalanx bone.

05. Burn

051. Burn of third class;

052. Thermal burn of second, third class;

053. Chemical burn of second, third class;

054. Serious electrical burn;

055. Cold burn of third class;

056. broad cold burn of second, third class.

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061. Carbon oxide: fainted, unconscious, nutritious disorder of skin, swollen lung diseases, confused status, mory deficiency, disorder of circulating organs;

062.  Nitrous oxide: wholly, swollen lung diseases, complication or not complication of bronchitis;

063. Hydrogen sulfide: strongly excited, status of excited nerve, unconscious;

064. Carbonic oxide at high density: stop of breathing, difficult breathing, blooding at nose, mouth and weakened, fainted;

065. Acute poisoned by botanical protection chemicals;

066. Other toxicchemicals under the itemized list that shall be declared and registered.

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FORM NO. 1

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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NOTIFICATION 0F OCCUPATIONAL ACCIDENT

To:The Inspection of Department of Labour, War Invalids and Social Affairs;

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The District Police.

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1. Information of the unit:

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- Telephone Number:.........................; Fax:....................; Email:..................

- Name of the higher administration body (if any):

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2. Information of the occupational accident:

- The occupational accident occurred at....... o’clock,.........minutes,

day...... month.... year.........

- Place where the occupational accident occurred:  ....................................................

……………………………………………………………………………………….

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- Primary conclusion of the causes of the occupational accident: .....................................................................................

3. Information of the occupational accident victims:

No

Full name

Birth year

Gender

Occupation³

Accident situation (death, heavy/light Injury)

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PERSON FILLING THIS FORM
(Signature, full name, position)

1 Specify the name of the provincial administrative unit

2 Specify the name of the district administrative unit

3 Subject to the current occupation list issued by General Department of Statistics, unify to write at the second level

4 Specify the name of the provincial administrative unit

FORM NO. 2

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PEOPLE’S COMMITTEE OF PROVINCE/CITY DEPARTMENT OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

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SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom –Happiness

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No : . . . . /QD- LDTBXH

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DECISION BY DIRECTOR OF

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On establishing the Occupational Accident Investigation Commission

DIRECTOR OF
DEPARTMENT OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

Pursuant to Inter-ministerial Circular No. 14/2005/TTLT/ BLDTBXH-BYT-TLDLDVN dated 08/ 03/ 2005 of the Ministry of Labour, War Invalids and Social Affairs, the Ministry of Health and the Vietnam General Confederation of Labour guiding notification, investigation, periodic report and statistics on occupational accidents;

At the request of the Chief Inspector of the Department of Labour, Invalids and Social Affairs,

DECIDES

Article1: To establish the Occupational Accident Investigation Commission of province (city)....

……5……………………….........including the members named as follows:

1. ......................................................................................................................................

2. ......................................................................................................................................

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Article 2: The Occupational Accident Investigation Commission is responsible to investigate the occupational accident occurred at.………………name of the place where the occupational accident occurred………………………. at ..……. o’clock ……... minutes, day …..… month ...….. year …..… as promulgated by Inter-ministerial Circular No 14/2005/TTLT/ BLDTBXH-BYT-TLDLDVN dated 08 March, 2005 of the Ministry of Labour, Invalids and Social Affair, the Ministry of Health and The Vietnam General Confederation of Labour.

Article 3: The Chief Inspector of the Department, the persons named at Article 1, units and individuals related to the occupational accident are responsible to implement this Decision./.

Places to deliver:

-As in Article 3;

- Department of Health;

- The provincial/ municipal Confederation of

Labour;

- Save as Correspondence, the Inspection of Department of Labour, Invalids and Social Affairs.

DIRECTOR

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(Signature, full name and seal)

5 Specify the name of the provincial administrative unit

FORM NO. 3

MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No : . . . . /QD- LDTBXH

Ha noi, Day … month … year

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MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

On establishing the Occupational Accident Investigation Commission

MINISTER OF MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

Pursuant to Inter-ministerial Circular No 14/2005/TTLT/ BLDTBXH-BYT-TLDLDVN dated 08/ 03/ 2005 of the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health and The Vietnam General Confederation of Labour guiding notification, investigation, periodic report and statistics on occupational accidents;

At the request of the Chief Inspector of the Ministry of Labour, Invalids and Social Affairs,

DECIDES:

Article 1: To establish the Occupational Accident Investigation Commission at the central level, including the members named as follows:

1. ......................................................................................................................................

2. ......................................................................................................................................

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Article 2: The Occupational Accident Investigation Commission is responsible to investigate the occupational accident occurred at.………………name of the place where the occupational accident occurred………………………. at ..……. o’clock ……... minutes, day …..… month ...….. year …..… as promulgated by Inter-ministerial Circular No 14/2005/TTLT/ BLDTBXH-BYT-TLDLDVN dated 08 March, 2005 of the Ministry of Labour, Invalids and Social Affair, the Ministry of Health and The Vietnam General Confederation of Labour.

Article 3: the Chief Inspector of the Ministry, the persons named at Article 1, units and individuals related to the occupational accident are responsible to implement this Decision./.

Places to deliver:

- As in Article;

- Ministry of Health;

- Vietnam General Confederation of Labour;

- Save as Correspondence, Inspection of the Ministry of Labour, Invalids and Social Affairs.

MINISTER

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(Signature, full name and seal)

FORM NO. 4

The Occupational Accident Investigaion Commission
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No : ……………... /

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OCCUPATIONAL ACCIDENT STATEMENT MINUTE

At ……… o’clock……… day……… month……… year……

In ……………………………… (place where the minute is recorded)  …………………………………

My name is ……..……………………………; Position:….……………….………

And Mr/Mrs:….…………………………; Position:………………….. .………………………… Record the statements of:

Mr/ Mrs: ……………………………..……………; Gender (Male/Female)……...    

Another name: …………………………………………………………………………………………... Date of birth: day………month………year……… Place of birth ………………………. …………………….

Permanent place of  residence:……………………………………………………………………..

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Address:……………………………………………………………………………

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Occupation:………………………………………………………………………………………....

Workplace:……………………………………………………………………………………………………………………………………………………………………………………… ...

Number of ID Card (or Passport): ……………………………………………………………..  issued on: day………month………year………by……………………….

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Relationship with the victim(s):…………………………………………………

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Position of the declarant: victim/ witness/person related to the occupational accident: Mr/Mrs:………..……………………………………………………… has been explained about his/her rights and obligations in accordance with the Law and signs for confirmation as follows:

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QUESTIONS AND ANSWERS

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The recording the statement ends at …...o’clock ………minute, day……month……… year …… This statement minute was re-read to the declarant to re-confirm correctness and signed as follows:

DECLARANT
(Signature, full name)

REPRESENTATIVE OF THE RECORDERS
(Signature, full name and position)

⁶ Specify the Centre, the name of the administrative unit at the provincial level or the name of the unit.

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FORM NO. 05

(Name of the unit)

……………………

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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No : ……………... /

…………,day………month………year……….

REPORT

ON OCCUPATIONAL ACCIDENT INVESTIGATION

……⁷……(Minor or serious occupational accident) …………

1. Unit and employer:

- Name, address of the unit where the occupational accident occurred: ……………………………………………………………………………………..

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- Telephone number:………..…….…..,Fax:…………….……,E-mail: .………………………

- Name and address of the employer: ……………………………………………….

…………………………………………………………………………………….………………………………………………………………………………………….

………………………………………………………………………...

- Working in the industry:

+ Total number of employees (production scale of the unit): ………………….…………….…

+ Type of the unit: ……………………………….⁸……………………….……………………

+ Name, address of the direct higher administration body (if any)

2. Locality: ………………………………………………………………………………………..

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………………………………………………………………………………………

………………………………………………………………………………………

……………………………………………….

4. Persons taking part in the investigation (Full name, position and place of work of each person):

……………………………………………………………………………………….

………………………………………………….…………………………..………

5. Brief curriculum vitae of the occupational accident victim:

- Full name: ………………….………………………………………………..

Sex: Male/ Female……..…………………...……; Year of birth: …………………

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- Has been working for the unit for: ………………years;

- Service seniority: ………years; Wage level: VND……..…; Degree of skill if any):……..

- Type of job:

With labour contract : …………… 10 .....…………. / Without labour contract………..……...

- Place of work: ……………………………………………………………………...

- Permanent place of residence: ……………………………………………………………….

- Native place: ……………………………………………………………………………………

- Family Circumstances (parents, wife or husband, children) :

………………………………………………………………………………………………….……………

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…………………………………….……...

- Has been provided with OSH training or not: …Yes/No……………………………………..

6. Information of the occupational accident:

- Occupational accident occurred at …..o’clock ..…minute, …..…day ………month …year.

- Time the work started/ Number of working hours till the occupational accident occurred.

- Place where the occupational accident occurred: ……………………………………………...

7. Situation of injury

- Part(s) of the body injured………………………………………………………………….…..

8. Place of treatment and measures of first aid:

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10. Causes of the occupational accident:

11. Preventative measures against similar accidents or recurrence of the accident

List of tasks/ Name of responsible persons/ Deadline

………………………………………………………………………………………

12. Conclusion for faults and proposal for sanction:

………………………………………………………………………………………

……………………………………………………………………………

13. Cost and loss due to the occupational accident:

- Cost covered by the employer: Total: VND…………………….…, including:

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+ Wage during the time of medical treatment: VND……………………..;

+ Compensation or allowance:VND………………………..;

- Loss of properties: VND…………………….;

OTHER MEMBERS OF THE INVESTIGATION
COMMISSION
(Signature, full name)

CHIEF OF THE OCCUPATIONAL
ACCIDENT INVESTIGATION COMMISSION
(Employer or delegate in writing)
(Signature, full name, seal (if any))

PARTICIPANTS IN THE INVESTIGATION

(Signature, full name)

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⁸ Specify based on the current economic, administrative non-productive unit list enforced by General Department of Statistics.

⁹ Specify based on the current occupation list enforced by General Department of Statistics, unify to write at the second level

¹⁰ Specify: Indefinite term; Definite term from full 12months to 36 months; temporary term or a certain job less than 12 months.

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FORM NO. 06

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……………….¹¹……………………

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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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………., day …… month…… year……

REPORT

ON OCCUPATIONAL ACCIDENT INVESTIGATION

………¹²…(Fatal or serious occupational accident) …………

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1. Unit and employer:

- Name, address of the unit where the occupational accident occurred:.…………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………

- Telephone number: ………..…….….., Fax:…………….……, E-mail: ..………………

- Industry the unit is operating in: ………………………………………………….

- Total number of employees (production scale of the unit): ………………………

- Type of the unit: ……………………………….¹³………………………………..

+ Name, address of the direct higher administration body (if any)

2. Locality: …………………………………………...……………………………...

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………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

4. Persons taking part in the investigation (Full name, position and place of work of each person):

……………………………………………………………………………………….

………………………………………………….……………………….

5. Brief curriculum vitae of the occupational accident victims:

- Full name:   …………………………………….…………… Sex: Male/ Female……..…………………...…… ; Year of birth: …………………….………

- Occupation: ……………………………………¹⁴…………………..……………

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- Service seniority: ………years; Wage level: VND……..…; Degree of skill if any):……..

- Type of job:

With labour contract : …………… 15 .....…………. / Without labour contract……...………...

- Place of work: ……………………………………………………………………

- Native place or permanent place of residence: ………………………………………………

- Family Circumstances (parents, wife or husband, children) :

………………………………………………………………………………………

……………………………………………………………………………..…..……

…………………………………….……...

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- Name, address of the unit, the locality administrating the victim: ……………………………. Telephone:………………..; Fax……………………..; E-mail:…………..

- Name, address of the direct higher administration body (if any): ……………………

6. Information of the occupational accident:

- The occupational accident occurred at …….o’clock ….minute, .…day ……month ……year.

- Time the shift/work started/ Number of working hours till the occupational accident occurred.

- Place where the occupational accident occurred: …………………………………

7. Situation of injury

- Fatal or injured (Specify part(s) of the body injured subject to the Appendix)

8. Place of treatment and measures of first aid:

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10. Causes of the occupational accident:

11. Preventative measures against similar accidents or recurrence of the accident

- List of tasks:

- Deadline:

12. Conclusion for faults and proposal for sanction:

………………………………………………………………………………………

……………………………………………………………………………

13. Cost and loss due to the occupational accident:

- Cost covered by the employer: Total: VND…………………….…, including:

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+ Wage during the time of medical treatment: VND……………………..;

+ Compensation or allowance: VND………………………..;

- Loss of properties: VND…………………….;

EMPLOYER

(Signature, full name and seal (if any))

CHIEF OF THE OCCUPATIONAL ACCIDENT

INVESTIGATION COMMISSION

(Signature, full name, seal (if any))

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¹¹ Specify the Centre or based on the Vietnam administrative unit list enforced by the Prime Minister.

¹² Specify based on the list of factors causing injury, uniform to write the second level.

¹³ Specify based on the current economic, administrative non-productive unit list enforced by General Department of Statistics.

¹⁴ Specify based on the current occupation list enforced by General Department of Statistics, unify to write at the second level

¹⁵ Specify: Indefinite term; definite term from full 12months to 36 months; temporary term or a certain job less than 12 months.

EMPLOYER

(Signature, full name and seal (if any))

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INVESTIGATION COMMISSION

(Signature, full name, seal (if any))

¹¹ Specify the Centre or based on the Vietnam administrative unit list enforced by the Prime Minister.

¹² Specify based on the list of factors causing injury, uniform to write the second level.

¹³ Specify based on the current economic, administrative non-productive unit list enforced by General Department of Statistics.

¹⁴ Specify based on the current occupation list enforced by General Department of Statistics, unify to write at the second level

¹⁵ Specify: Indefinite term; definite term from full 12months to 36 months; temporary term or a certain job less than 12 months.

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FORM NO. 07

The Occupational Accident

Investigaion Commission

_………¹⁶_…………

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Hanoi,

MINUTES OF MEETING

ANNOUNCING OCCUPATIONAL ACCIDENT INVESTIGATION REPORT

At ………o’clock ……minutes, day…… month ………year ……

In ........... (place the meeting takes place) …...............................................................

The occupational accident investigation commission holds the meeting to announce the occupational accident investigation report, which occurred on day……month……year……… in……………(place the occupational accident occurred)........………………………….......

Participants in the meeting include:

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...............................................................¹⁷....................................................................

2. The unit where the occupational accident occurred:

...............................................................¹⁸....................................................................

3. The direct higher administration body (if any):

.....................................................¹⁹....................................................................……

4. Related units (or individuals):

................................................................²⁰......................................…………….........

Content of the meeting

......................................................................................................................................

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......................................................................................................................................

..................................................................................................................................…

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

......................................................................................................................................

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The meeting ended at ……o’clock ……minutes on the same day, the minutes was re-read to all the participants of the meeting and was signed as follows./.

Employer
(Signature, full name and seal (if any))

Chief of the occupational accident investigation
commission
(Signature, full name)

Members of the occupational accident investigation commission
(Signature, full name)

Units (or individuals) related
(Signature, full name)

Minutes writer
(Signature, full name)

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^{17, 19, 20} Specify full name, position, workplace of each participant.

¹⁸ Full names of :

+ The employer (the owner of the unit) or the delegate;

+ Representative of the Trade Union or the Association of Farmers or the person nominated by the employees;

+ Victims, witnesses and the people having rights and obligations related to the occupational accident.

FORM NO.8

OCCUPATIONAL ACCIDENT STATISTICS BOOK YEAR . .

- Name of the unit: .

- Name of the direct higher authority:

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- Total wage fund:

21 Based on the current occupation list enforced by the General Department of Statistics, uniform to write the second level.

²² Specify: Indefinite term; definite term from full 12months to 36 months; temporary term or a certain job less than 12 months) or without labour contract.

²³ Based on the list of factors causing injury, uniform to write the second level.

²⁴ Specify the main cause of the occupational accident.

²⁵ Based on the solar calendar

FORM NO. 09

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Higher administration body:

I- Total average number of employees in the report period: … . . . . . . persons;-Of which females: … … persons; Total wage fund: VND … … million

II- General situation on occupational accidents:

²⁶ Specify the code based on the list and codes of economic, administrative non-productive units, enforced by General Department of Statistics.

²⁷ Specify the code based on the list and codes of the Vietnam’s current administrative unit list enforced by the Prime Minister.

²⁸ Name: Departments of Labour, Invalids and Social Affairs, Confederations of Labour of provinces or cities under the Centre.

²⁹ Specify names and codes of factors causing injury, uniform to write the second level.

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Report maker
(Signature, full name)

. . . . . . . , Day . . . . . month . . . . . year . . . . .
Employer
(Signature, full name, position and seal (if any))

30 Specify names and codes based on the current occupation list enforced by the General Department of Statistics, uniform to write the second level.

³¹ Based on the solar calendar.

FORM NO. 10-A

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DIRECTOR OF DEPARTMENT OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
(Signature, full name, position and seal (if any))

³²Based on the list and codes of the VietnamÜs current administrative units, which is enforced by the Prime Minister. Based the solar calendar.

³³ Based on the codes of the VietnamÜs current administrative units, which is enforced by the Prime Minister

³⁴ Based on the solar calendar.

³⁵ Specify names and codes based on the current occupation list enforced by the General Department of Statistics, uniform to write the second level.

³⁶ Specify names and codes of factors causing injury, uniform to write the second level.