Thông tư liên tịch 12/2012/TTLT-BLĐTBXH-BYT của Bộ Lao động Thương binh và Xã hội, Bộ Y tế về việc hướng dẫn khai báo, điều tra, thống kê và báo cáo tai nạn lao động

JOINT CIRCULAR

GUIDING THE STATEMENT, INVESTIGATION, STATISTICS AND REPORTS ON OCCUPATIONAL ACCIDENTS

Pursuant to the Labor Code of June 23, 1994; the Law on amending and supplementing a number of articles of the Labor Code of April 02, 2002; the Law on amending and supplementing a number of articles of the Labor Code of June 29, 2006;

Pursuant to the Government s Decree No.06/CP of January 20, 1995 on detailing a number of articles of the Labor Code on labor safety, labor hygiene and the Government s Decree No.110/2002/ND-CP of December 27, 2002 on amending and supplementing a number of articles ofthe Government s Decree No.06/CP of January 20, 1995.

Pursuant to the Government s Decree No. 186/2007/ND-CP of December 25, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government s Decree No. 188/2007/ND-CP of December 27, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Health and the Government s Decree No. 22/2010/ND-CP of March 09, 2010 on amending and supplementing Article 3 of the Government s Decree No. 188/2007/ND-CP of December 27, 2007;

The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health guides the statement, investigation, statistics and reports on occupational accidents as follows:

Article 1. Scope of regulation

This Circular guides the statement, investigation, statistics and reports on occupational accidents by relevant domestic and foreign parties.

Article 2. Subjects of application

This Circular is applicable to enterprises, agencies, organizations and individuals that employ workers (hereinafter referred to as facilities)

1. Enterprises, agencies, organizations, individuals that employ workers within the Vietnam’s territory (except for units belonging to the armed forces);

2. Vietnamese enterprises wining tenders and performing contracts overseas that send Vietnamese workers to work at such sites;

3. Foreign agencies, organizations or international organizations employing workers and operating within the Vietnam’s territory, unless the International treaties of which the Socialist Republic of Vietnam is a contracting member, or the International agreements signed by Vietnam’ competent agencies define otherwise.

Article 3. Occupational accidents

1. Occupational accidents are accidents that hurt any part, organ or function of the worker’s body or cause death, including:

a) Occupational accidents occurring while working that attach to the performance of the work, the labor duty;

b) Occupational accidents occurring during the performance of other duties or works assigned by the employer or the person authorized in writing by the employer to directly manage the workers.

c) Occupational accidents happening to the worker during the essential personal activities allowed by the Labor Code and the facility regulation (break, lunch, snack, menstruation sanitizing, breast-feeding, bathing, using restrooms).

2. Accidents are considered occupational accidents when happening at reasonable times and places, including:

a) Accidents happening to the worker when he/she commutes from home to work and vice versa;

b) Accidents happening to Vietnamese workers while performing duties overseas assigned by their employers (attending conventions, seminars, short-term training courses, field study).

Article 4. Classification of occupational accidents

1.Fatal occupational accidents are accidents in which the victims die at the scene or on the way to the hospital, or during the medical treatment, or from the relapse of the injury caused by such accidents (under the conclusion in the forensic examination record)

2. Serious occupational accidents are accidents in which the victims suffer at least one of the injuries prescribed in Annex 01 promulgated together with this Circular.

3. Minor occupational accidents are accidents not being prescribed in Clause 1, Clause 2 this Article.

Article 5. Making statement about occupational accidents

1. b) When occupational accidents occurring during the performance of other duties or works assigned by the employer or the person authorized in writing by the employer to directly manage the workers, the victim or the person that knows the incident must promptly notify the employer.

2. For the accidents prescribed in Clause 1 this Article that cause death or seriously hurt more than one person, the facility at which the accident happens must make statement about the incident using the fastest means (directly or by phone, fax, emails) to the Inspectorate of the Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces  (hereinafter referred to as provinces), district-level Police department and the superior agency that directly administers the facility (if any) in the following principles:

a) The accident shall be stated in the province where it happened;

In case the victim dies during the medical treatment, or from the relapse of the injury caused by the occupational accident (under the conclusion in the forensic examination record), the facility where the dead victim worked must make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs of which the investigation commission has investigated those accidents in order to settle the case as prescribed by law;

c) Accidents happening in the following areas: radioactivity; petroleum exploration and extraction; railroad, waterway, airway transport must be notified to the Ministries and branches that administer such areas apart from making statement to the Inspectorate of the Services of Labor, War Invalids and Social Affairs of the provinces where the facility head office is situated;

d) The statement contents must comply with the form in Annex 02 promulgated together with this Circular.

3. For accidents happening to the workers in traffic (except for accidents on internal routes belonging to the facility) that cause death or seriously hurt two persons or more, the facility shall base on the accident case file from the Traffic police department that have handled that case, or the written confirmation from the local authorities, or the written confirmation from the local Police Department at the locality where the accidents happen in order to make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs.

The statement must be made in accordance with Clause 2 this Article.

4. Vietnamese workers die or suffer from serious accidents while performing their duties overseas, the facility that directly manages such workers must make statement under the following principles:

a) Within 03 working days as from being informed of the accident, the statement about the case must be made using the fastest means (directly or by phone, fax, emails) to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs in the province where the facility head office is situated;

b) In case the worker sent by another facility dies or suffers from serious accidents, the facility that sends such worker must notify the facility that manage that person within 03 working days as from being informed of the accidents. The facility that manage the victim must make statement to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs where the facility head office is situated within 03 working days as from being informed of the accidents.

c) The statement contents must comply with the form in Annex 02 promulgated together with this Circular.

Article 6. Establishing the Occupational Accident Investigation Commission

1. Internal Occupational Accident Investigation Commission

a) When being informed about the accidents happening in the facility, the employer must promptly establish the internal occupational accident investigation commission in order to investigate such accidents.

b) The internal occupational accident investigation commission includes:

- The Chief Commissioner being the employer (the facility owner) or the person authorized in writing by the employer;

- The members being the representatives of the Steering committee of the Union or the provisional Steering committee of the Union or the representative of the workers in case the Union at the facility is not established;

- The members being the persons in charge of labor safety and hygiene;

- The members being the internal medical officers;

- Other guest members (if necessary).

2. Provincial occupational accident investigation commission

When being informed by the facility about the accident that cause death or seriously hurt two or more people, or when fully receiving the dossiers, documents prescribed in Point c, Clause 2 Article 7 of this Circular, the Director of the provincial Service of Labor, War Invalids and Social Affairs shall issue the decision on establishing the occupational accident investigation commission at the request of the Chief Inspector of the provincial Services of Labor, War Invalids and Social Affairs (under the form in Annex 03 promulgated together with this Circular). The Commission includes:

a) The Chief Commissioner being the representative of the Inspectorate of the Services of Labor, War Invalids and Social Affairs;

b) The members being the representatives of the Service of Health;

c) The members being the representatives of the provincial Confederation of Labor;

d) The member being the representatives of the Farmer Association (in case the occupational accident happens to workers in the agricultural area);

dd) Other guest members (if necessary).

3. Central occupational accident investigation commission:

The Central occupational accident investigation commissionis established under the decision from Minister of Labor, War Invalids and Social Affairs at the request of the Chief Inspector of the Department of Labor, War Invalids and Social Affairs (under the form in Annex 04 promulgated together with this Circular).

The Commission includes:

a) The Chief Commissioner being the representative of the Inspectorate of the Department of Labor, War Invalids and Social Affairs;

b) The members being the representative of the Department of Health;

c) The members being the representatives of the Vietnam General Confederation of Labor;

d) The member being the representatives of the Vietnam Farmer Association (in case the occupational accident happens to workers in the agricultural area);

dd) Other guest members (if necessary).

Article 7. Authority of the occupational accident investigation commission

1. Internal occupational accident investigation commission:

a) Being responsible to investigate the accidents happening at the workplace, except for the cases prescribed in Clause 2, Clause 3 this Article. If the victim is under the management of another facility, the facility where the accident happen shall preside over and cooperate with the facility that manages the victim to carry out the investigation as prescribed in this Circular;

b) Presiding over and cooperate with competent agencies of the current country (where the Vietnamese enterprise performs the contract) in investigating the fatal accidents or accidents that seriously hurt two or more Vietnamese citizens at the site where the Vietnamese enterprise performs the contract overseas (except for the case the worker working under the Vietnam’s Law on Labor that works overseas under the contract). The internal occupational accident investigation commission must comply with the Law of the current country when carrying out investigations.

2. Provincial occupational accident investigation commission:

a) Being responsible to investigate the fatal accidents or accidents that seriously hurt two or more people happening in the localities;

b) Investigating the accidents that have been investigated by the local internal accident investigation commission; investigating the accidents happening to Vietnamese workers at the overseas works (for enterprises of which the head offices are situated in the province) on the basis of compliance with the law on the current country, unless otherwise prescribed by the International treaties that the Socialist Republic of Vietnam signs or joins, or the International agreements signed by Vietnam’s competent agencies. The investigation must comply with Article 12 of this Circular.

c) For Vietnamese workers killed or seriously hurt by accidents while performing duties overseas (attending conventions, seminars, short-term training courses, field study), the facility that manages the victim must provide the documents relating to the accident to the Inspectorate of the provincial Services of Labor, War Invalids and Social Affairs within 05 working days for making the occupational accident investigation record under the form prescribed in Annex 07 promulgated together with this Circular

The documents relating to the accident include:

- The Decision from the facility on sending the worker to attend overseas conventions, seminars, short-term training courses, field study;

- The authenticated translation of the scene examination record from foreign competent agencies (enclosed with the photocopy of the original);

- The authenticated translation of the scene diagram from foreign competent agencies (enclosed with the photocopy of the original); the scene pictures, the victim pictures;

- The authenticated translation of the post-mortem examination record or the injury examination (enclosed with the photocopy of the original);

- The authenticated translation of the testimony record of the victim, the persons that know the incident and the persons relating to the accident (if any);

- The authenticated translation of the accident confirmation from foreign competent agencies (enclosed with the photocopy of the original);

- The authenticated translation of the injury confirmation from the foreign hospital (enclosed with the photocopy of the original) or from the Vietnamese hospital (if the victim is treated in Vietnam);

- The authenticated translation of the discharge note from the foreign hospital (enclosed with the photocopy of the original) or from the Vietnamese hospital (if the victim is treated in Vietnam);

3. Central occupational accident investigation commission:

Being responsible to investigate the fatal accidents if Minister of Labor, War Invalids and Social Affairs deems it necessary at the request of the Ministerial Chief Inspector, reinvestigate the occupational accidents that have been investigated by provincial accident investigation commissions. The reinvestigation must comply with Article 12 of this Circular.

4. For fatal occupational accidents or accidents that seriously hurt two or more people happening in the areas prescribed in Point c Clause 2 Article 5 of this Circular, the occupational accident investigation commissions shall be established under the decisions from the Ministers or branches that administer such areas in cooperation with the Inspectorate of the Service of Labor, War Invalids and Social Affairs of the province where the head office of the facility at which the accident happens is situated (or with the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs). The investigation shall be carried out and the records shall be made under the form in Annex 07 promulgated together with this Circular.

Article 8. Duties of the occupational accident investigation commission

1. When being informed by the facilities about fatal accidents or accidents that seriously hurt two or more workers, the Inspectorate of the provincial Service of Labor, War Invalids and Social Affairs must instantly notify the agencies belonging to the occupational accident investigation commission prescribed in Clause 2 Article 6 of this Circular for participating in the occupational accident investigation commission.

2. The occupational accident investigation commission must instantly go to the facility where the accident happens and request its employer to provide the documents and equipment related to the accident and cooperate with the Police department of the district or province to carry out on-site investigation, make the scene examination record, injury record, collect trails, evidence and document related to the accident

3. The Chief Commissioner of the occupational accident investigation commission is responsible to:

a) Make decisions on carrying out the investigation in order to ensure the timely investigation in case the representative from one of the relevant agencies prescribed in Point, Point c, Point d Clause 2 and Point b, Point c, Point d Clause 3 Article 6 of this Circular is not present;

b) Assign tasks to the members in the investigation commission;

c) Hold discussion to achieve unanimity if the members of the investigation commission are not unanimous. If the unanimity cannot be achieved, the Chief Commissioner shall make decisions and bear responsibilities for such decisions;

d) Disclose the occupational accidents records.

4. 4. The members of the occupational accident investigation commission are responsible to:

a) Perform the tasks assigned by the Chief Commissioner and participate in the activities of the investigation commission;

b) Preserve the opinions and send reports to the leaders of the agency that directly manages such members;

c) Conceal the information, documents during the investigation before the investigation record is disclosed.

Article 9. The process of occupational accident investigation

1. Internal Occupational Accident Investigation Commission:

a) Collecting trails, evidence, documents related to the occupational accident;

b) Collecting testimony from the victim, the persons that know the incident or the person related to the accident under the form in Annex 05 promulgated together with this Circular;

c) Making proposal to carry out technical, forensic examination (if necessary);

d) Processing, analyzing the testimony and evidence collected in order to discover the following contents:

- The occupational accident happening;

- The cause of occupational accidents (specifying the accident is caused by the employer or the worker or both, or other causes that the employer and the worker are not at fault);

- Drawing conclusion about the occupational accidents (specifying whether or not the accident is an occupational accident or an accident considered an occupational accident);

- The extent of violation and the recommended handling measures against the persons at fault;

- The measures to remedy and prevent the reoccurrence or the occurrence of similar occupational accidents.

dd) Making the occupational accident investigation record under the form in Annex 06 promulgated together with this Circular;

e) Holding meeting and making the minute of the meeting about the disclosure of the occupational accident investigation record under the form in Annex 08 promulgated together with this Circular right after the investigation.

The meeting about the disclosure of the occupational accident investigation record is attended by:

- The Chief investigation commissioner (Chairperson);

- The employer (the facility owner) or the person authorized in writing by the employer;

- The members of the occupational accident investigation commission;

- The victim, the representative being the victim s relative, the persons that know the incident and the persons relating to the accident;

- The representatives of the Steering committee of the Union or the provisional Steering committee of the Union or the representative of the workers in case the Union at the facility is not established;

-The representative of the superior agency that directly administers the facility (if necessary);

- The members participating in the meeting that are not unanimous in the content of the occupational accident investigation record are entitled to put down their opinion and append their signatures to the minute of the meeting about the disclosure of the occupational accident investigation record.

2. Provincial occupational accident investigation commission:

a) Implementing the contents prescribed in Point a, b, c and d, Clause 1 this Article.

b) Making the occupational accident investigation record under the form in Annex 07 promulgated together with this Circular;

e) Holding meeting and making the minute of the meeting about the disclosure of the occupational accident investigation record under the form in Annex 08 promulgated together with this Circular at the facility where the accident happens.

The meeting about the disclosure of the occupational accident investigation record is attended by:

- The Chief investigation commissioner (Chairperson);

- The members of the occupational accident investigation commission;

- The employer (the facility owner) or the person authorized in writing by the employer;

- The victim, the representative being the victim s relative, the persons that know the incident and the persons relating to the accident;

-The members being the representatives of the Steering committee of the Union or the provisional Steering committee of the Union in case the Union at the facility is not established;

- The representative of the Police Department, the People’s procuracy at the same level (for fatal accidents).

The members participating in the meeting that are not unanimous in the content of the occupational accident investigation record are entitled to put down their opinion and append their signatures to the minute of the meeting about the disclosure of the occupational accident investigation record; the employer or the person authorized in writing by the employer must sign and append their seal (if any) to the minute of the meeting about the disclosure of the occupational accident investigation record and implement the proposal of the provincial occupational accident investigation commission;

dd) Within 03 working days as from completing the minute of the meeting about the disclosure of the occupational accident investigation record, the provincial occupational accident investigation commission must send (directly or by post) the occupational accident investigation record and the minute of the meeting about the disclosure of the occupational accident investigation record to the agencies belonging to the occupational accident investigation commission, the Ministry of Labor, War Invalids and Social Affairs (the Department of Labor safety and the Ministerial Inspectorate), the facility where the accident happens and the victims or the victims’ relatives.

3. Central occupational accident investigation commission:

a) After obtaining the decisions on establishing the occupational accident investigation commission from Minister of Labor, War Invalids and Social Affairs, the Chief of the occupational accident investigation commission must instantly notify the agencies belonging to the occupational accident investigation commission prescribed in Clause 3 Article 6 of this Circular for participating in the occupational accident investigation commission.

The occupational accident investigation commission must instantly go to the facility where the accident happens and request its employer to provide the documents and equipment related to the fatal accident and cooperate with the Police department of the district or province to carry out on-site investigation, make the scene examination record, injury record, collect trails, evidence and document related to the accident;

c) Implementing the contents prescribed in Point b, c, Clause 2 this Article.

d) The members participating in the meeting that are not unanimous in the content of the occupational accident investigation record are entitled to put down their opinion and append their signatures to the minute of the meeting about the disclosure of the occupational accident investigation record; the employer or the person authorized in writing by the employer must sign and append their seal (if any) to the minute of the meeting about the disclosure of the occupational accident investigation record and implement the proposal of the Central occupational accident investigation commission;

dd) Within 03 working days as from completing the minute of the meeting about the disclosure of the occupational accident investigation record, the Central occupational accident investigation commission must send (directly or by post) the occupational accident investigation record and the minute of the meeting about the disclosure of the occupational accident investigation record to the agencies belonging the occupational accident investigation commission, the Department of Labor safety (the Ministry of Labor, War Invalids and Social Affairs), the facility where the accident happens and the victims or the victims’ relatives.

Article 10. Time limits for occupational accident investigation

1. The time limit for investigating an occupational accident is counted from the time the accident happens until the occupational accident investigation record is disclosed:

a) Within 02 working days for minor occupational accidents;

b) Within 05 working days for serious occupational accidents;

c) Within 15 working days for accidents that seriously hurt two or more people;

d) Within 20 working days for fatal occupational accidents counted from the time the occupational accident investigation commission fully receives the documents, items and equipment related to the accident from the investigation police department. Within 40 working days for occupational accidents that need technical or forensic examinations;

2. For fatal accidents or accidents that seriously hurt two or more people of which the time limits for investigation need to be extended, the Chief of the occupational accident investigation commission must make reports and ask for permission from the person that issue the decision on establishing the investigation commission. The extension must not exceed the time limits prescribed in Clause 1 this Article.

Article 11. Occupational accident dossier

1. The occupational accident dossier includes:

a) The scene examination record;

b) The scene diagram;

c) The scene pictures, the victim’s pictures;

d) The post-mortem examination or injury examination record;

dd) The technical, forensic examination record (if necessary);

e) The testimony record of the victim, the persons that know the incident and the persons related to the accident;

g) The occupational accidents records;

h) The minute of the meeting about the occupational accident investigation record disclosure;

i) The injury confirmation from the hospital where the victim is treated;

k) The discharge note from the hospital where the victim is treated (if any);

2. In case there are many victims in the same accident, each victim must have a separate dossier.

3. The time to retain the occupational accident dossier at the facility where the accident happens, the agencies belonging to the Investigation commission is prescribed in Clause 9 Article 13 of this Circular.

Article 12. Investigating occupational accidents upon complaints, denunciation

1. Within 90 days as from the date of the disclosure of the occupational accident investigation record, if complaints or denunciation are made in accordance with law provisions, the investigation shall be carried out under the following principles:

a) Within 10 working days as from receiving the written complaint or denunciation, the agency or organization that issues the decision on establishing the occupational accident investigation commission shall be responsible to consider and settle such complaint, denunciation in accordance with the order, procedures and authority prescribed in the Law on Complaints and Denunciation;

b) In case the person that makes complaints does not concur with the response from the agency, organization responsible for the settlement prescribed in Point a, Clause 1 this Article and retains the complaints, denunciation, the competent agencies at higher level shall establish the occupational accident investigation commission to carry out the investigation under the following principles:

- The occupational accident investigation commission shall carry out the investigation within the authority prescribed in Article 7 of this Circular and notify the investigation results in writing to the person that makes the complaint or denunciation. If the investigation is not carried out, the reasons must be specified;

- The provincial accident investigation commission shall re-investigate the occupational accident investigated by the internal occupational accident investigation commission;

- The Central accident investigation commission shall re-investigate the occupational accident investigated by the provincial occupational accident investigation commission; The conclusion drawn by the Central occupational accident investigation commission is final.

c) The facility where the accident happens and the internal occupational accident investigation commission are responsible to sufficiently provide the documents, items and equipment related to the occupational accident for the provincial occupational accident investigation commission;

d) The provincial occupational accident investigation commission is responsible to sufficiently provide the documents, items and equipment related to the occupational accident for the Central occupational accident investigation commission;

dd) The time limit for re-investigation is 45 days as from the date of the decision on re-investigation, or 60 days for complicated accidents or accidents happening in remote areas.

2. The previous occupational accident investigation record shall be invalidated when the re-investigation record is disclosed.

Article 13. Duties of the employers of the facilities where the occupational accidents happen

1. Timely giving first-aid to the victim.

2.Making statement about occupational accidents as prescribed in Article 5 of this Circular.

3. Preserving the scene of fatal accidents and serious accidents under the following principles:

a) In case the scene is muddled while giving first aid to the victim and preventing accidents, damage to other people, the facility must draw the diagram of the scene, make records, photograph or film the scene (if possible)

b) The scene shall only be cleaned and the corpse (if any) shall only be buried after the investigation is done as prescribed in this Circular and after obtaining the written consent from the provincial occupational accident investigation commission or the Police Department.

4. Promptly providing the documents, items and equipment related to the occupational accident at the request of the superior occupational accident investigation commission and bearing responsibilities before the law for those documents, items and equipment;

5. Assisting the persons related to the accident in providing information for the occupational accident investigation commission when being requested.

6. Holding the occupational accident investigation as prescribed in Clause 1 Article 7 of this Circular.

7. Disclosing of the occupational accident investigation record within 03 working days as from completing the minute of the meeting,  the internal occupational accident investigation commission shall send (directly or by post) the occupational accident investigation record and the minute of the meeting about the disclosure of the occupational accident investigation record to the following organizations and individuals:

a) The victim or the victim’s relatives;

b) The Inspectorate of the Service of Labor, War Invalids and Social Affairs of the province where the head office of the facility where the accident happens is situated;

c) The Social insurance department of the province where the head office of the facility where the accident happens is situated in order to settle occupational accident benefit for the victim as prescribed by law;

d) The superior agency that directly administers the facility (if any).

8. Sufficiently notifying the occupational accident to the workers within the facility.

9. Completing and keeping the occupational accident dossier under the following periods:

a) 15 years for fatal occupational accidents;

b) Until the victim retires regarding other occupational accidents.

10. Paying the expenses on occupational accident investigation, including re-investigation, including:

a) The accident scene simulation;

c) Photographing and printing scene pictures and victim’s picture;

c) Technical, forensic examination (if necessary);

d) Post-mortem examination;

dd) Printing documents relating to the occupational accident;

e) Transport serving the occupational accident investigation;

g) Holding the meeting about the occupational accident investigation record disclosure;

The expenses stated above shall be recorded into the regular operation expenses, production and business expenses of the facility and shall be reasonable expenses when calculating and paying enterprise income tax as prescribed by the Law on Enterprise income tax;

i) Implementing the measures for remedying the consequences caused by the occupational accidents; holding experience-learning meetings; implementing and reporting the results of the implementation of the recommendations stated in the occupational accident investigation record; disciplining the persons at fault.

Article 14. Responsibilities of the victim, the persons that know the incident and the persons related to the accident

1. Truthfully and sufficiently making statement about the known facts related to the occupational accident at the request of the occupational accident investigation commission and bearing responsibilities for such statement before the law.

2. Collecting testimony from the victim, the persons that know the incident or the person related to the accident under the form in Annex 05 promulgated together with this Circular;

Article 15. Making statistics and reports on occupational accidents

1. For the facility:

Within 02 working days as from receiving the occupational accident investigation record and the minute of the meeting about the disclosure of the occupational accident investigation record, the facility that manages the victim must make statistics and reports on the occupational accidents as prescribed.

a) Every facility must make the statistics books about occupational accidents under the form in Annex 09 promulgated together with this Circular and record the occurred occupational accidents into the book under the following principles:

- Every occupational accident happened to the workers under the management of the facility must be recorded into the statistics books of occupational accidents;

- When a worker suffers from multiple occupational accidents, each accident must be separately recorded;

- Every occupational accident happened to the workers under the management of the facility that cause them to take one day off or more must be recorded into the statistics; If accidents do not occur, the report must specify “No occupational accident”;

b) Every facility must make reports on occupational accidents (biannually and annually) under the form in Annex 10 promulgated together with this Circular under the following principles:

- The report shall be sent to the Service of Labor, War Invalids and Social Affairs of the province where the head office of the facility is situated; the report must be sent before July 05thfor first-six-month reports, and before January 10thof the succeeding year for annual reports (directly or by fax, by post, by email).

2. For provincial Services of Labor, War Invalids and Social Affairs;

a) Summarizing the occupational accident status within the first six months and within a year from the local facilities;

b) Sending reports on the occupational accident status under the form in Annex 11 promulgated together with this Circular to the Ministry of Labor, War Invalids and Social Affairs (the Department of Labor safety) and the Department of Statistics before July 15thfor first-six-month reports and before January 25th of the succeeding year for annual reports.

Article 16. Implementation responsibilities

1. The facilities are responsible to strictly implement this Circular, enhance the measures for improving the work conditions; periodically assess the occupational risk and negative impacts at each working area and the surrounding environment; organize dissemination and education to improve the awareness of employers and worker in order to prevent occupational accidents.

2. Provincial Services of Labor, War Invalids and Social Affairs are responsible to disseminate and guide the implementation of this Circular to the local facilities.

3.The Ministries, ministerial-level agencies, provincial People’s Committees are responsible to direct, inspect and expedite the facility under their management to implement this Circular.

4. The Ministry of Labor, War Invalids and Social Affairs is responsible to make reports on the occupational accident status nationwide every six months. .

Article 17. Effects

1. This Circular takes effect on July 04, 2012

2. The Joint Circular No.14/2005/TTLT-BLDTBXH-BYT-TLDLDVN of March 08, 2005 of the Ministry of Labor, War Invalids and Social Affairs -  the Ministry of Health – Vietnam General Confederation of Labor on guiding the statement, investigation, records, statistics and reports on the occupational accident status is abolished after this Circular takes effect.

During the course of implementation, the difficulties should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health for consideration and settlement./.