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THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS-THE MINISTRY OF PUBLIC
SECURITY-THE PEOPLE'S
SUPREME PROCURACY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2007/TTLT/ BLDTBXH-BCA-VKSNDTC
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Hanoi,
January 12, 2007
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JOINT CIRCULAR
2. Responsibility of the commission for occupational accidents
2.1. Coordination with the Investigation Police Organization to examine the
scene, make autopsy related to occupational accidents according to lawful
regulations. As required by the Investigation Police Organization, commissions
for occupational accidents inspection has responsibility for providing
information, documents specialized in occupational safety and health and other
relevant information, documents as required by occupational accident inspection
and settlement.
2.2. During the settlement of occupational
accidents within the competence, if any new signs related to criminal is
detected, the commission for occupational accidents shall send a proposal
attached with original documents, and transfer relevant items, equipment (if
any) to the Investigation Police Organization for consideration and bring the
criminal case to the court according to lawful regulations; at the same time,
send that proposal to the same level People's Procuracy.
3. Responsibility of the Investigation Police Organization
3.1. Under circumstances the Investigation Police
Organization issues a decision not to bring the accident to the court, upon the
request of the commission for occupational accidents, within a period of 05
working days from the date of that decision and the same level People's
Procuracy agrees with that decision, the Investigation Police Organization has
responsibility for providing and transferring the folllowing copied documents,
and items, equipment to the commission for occupational accidents:
a) Decision not to bring the criminal case to the court;
b) Minutes on examinition of the scene;
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d) Photographs of the scene, photographs of victims (if any);
d.1) Minutes on examining marks on the body;
minutes on autopsy (if any);
e) Minutes on declaration of victims (if any), of
witnesses and persons with benefits, obligations related to the occupational
accident;
g) Outcomes of consultations for appraisal (if
any);
h) Items, equipment related to occupational
accidents (if any), which are permitted to submitted and transferred according
to lawful regulations, along with a minute on temporarily kept items and
equipment.
3.2. Under circumstances the Investigation Police
Organization issues ra decision to bring a criminal case to the court, upon
request of the commission for occupational accidents, the Investigation Police
Organization has responsibility for sending a copy of the decision to bring the
criminal case to the court to the commission for occupational accidents; At the
same time, when the inspection is concluded, a copy of examination conclusions
shall be sent to the commission for occupational accidents. Under circumstances
the examination is postponed, the Investigation Police Organization has
responsibility for sending copies of documents and transferring related items,
equipment as stipulated at Points b, c, d, d.1, e, g, h of Item 3.1 of this
Circular together with a copy of the inspection postpone decision, a copy of
inspection conclusions to the commission for occupational accidents.
3.3. Within a period of 20 days after the date a
proposal to bring the case to the court along with related documents of the
commission for occupational accidents is received, the Investigation Police
Organization has responsibility for checking, verifying and then notifying
written outcomes of considerations to bring the case to court to the commission
for occupational accidents. If the occupational accident involves many complicated
details requiring check and verification at many places, the answering period
can be extended, but not exceeding a period of two months.
4. Responsibility of the People's Procuracy.
4.1. The People's Procuracy has responsibility for
controlling the settlement of a proposal of the commission for occupational
accidents to bring the case to the court; controlling the examination on the
scene, autopsy and other inspection activities of the Investigation Police
Organization during the settlement of occupational accidents according to
lawful regulations
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III. VALIDITY
1. This Circular enter into force after 15 days
since being officially gazetted and replaces Circular No. 08/TT-LB dated
7/4/1982 of Ministry of Labour, Ministry of Internal Affairs (Presently
Ministry of Public Security) and the People's Supreme Procuracy guiding the
coordination relationship between Ministry of Labour, Ministry of Internal
Affairs (Presently Ministry of Public Security) and the People's Supreme
Procuracy about inspection and settlement of serious occupational accidents.
2. During the implementation, any arisen problem
shall be reported to Ministry of Labour, Invalids and Social Affairs, Ministry
of Public Security and the People's Supreme Procuracy for consideration and
settlement./.
ON
BEHALF OF MINISTER
ON
BEHALF OF DIRECTOR
ON
BEHALF OF MINISTER
MINISTRY
OF PUBLIC SECURITY
VICE MINISTER
Le The Tiem
PEOPLE'S
SUPREME PROCURACY
VICE DIRECTOR
Duong Thanh Bieu
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ANNEX
SOCIAL REPUBLIC OF
VIETNAM
Template of minute
attached to Joint Circular No. 01/2007/TTLT/BLDTBXH-BCA-VKSNDTC dated
12/01/2007
Independence – Freedom – Happiness
Time .. . . . . ...
, …day/month/year…, at ..... [1]
.........................................................................
We are:
...
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Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receiving Person: . . . . . . . . . . . . . . . . . . . . . . . . . .
. Position: .. . . . . . . . . . . . . . . . . . . . . .
Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
organized the receipt and delivery of:
Full names of injured persons : . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Birth of date: ...day/month/year …. at birth place: ... . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permanent address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
Identification card (or Passport) No.: . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
issued on ...day/month/year . . . by : . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
...
...
...
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. . . . . .. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
. Documents include: . . .
. . . . . . . . . . .. . . . .files, totalling of . . . . . . . . .
. . . . . pages
(including statistics record of
documents kept in the occupational accident file).
. Along with the following items
and equipment: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
This minute is printed in 04 original
copies, each side keeps 02 original copies./.
RECEIVER
DELIVER
(Signature, full name)
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1 Place of receipt and delivery;
[2] Place where the occupational accident
occurred