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MINISTRY OF
LABOR - WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
13/2020/TT-BLDTBXH
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Hanoi, November
27, 2020
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CIRCULAR
GUIDING
COLLECTION, STORAGE, CONSOLIDATION, PROVISION, PUBLICIZING AND ASSESSMENT OF
OCCUPATIONAL ACCIDENTS AND TECHNICAL DIFFICULTIES CAUSING SERIOUS LOSS OF
OCCUPATIONAL SAFETY AND HYGIENE
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to Decree No. 39/2016/ND-CP dated May
15, 2016 of the Government on elaborating to Law on Occupational Safety and
Hygiene;
Pursuant to Decree No. 14/2017/ND-CP dated
February 17, 2017 of the Government administers functions, tasks, powers, and
organizational structure of the Ministry of Labor - War Invalids and Social
Affairs;
At request of Director of Work Safety
Department;
Minister of Labor – War Invalids and Social
Affairs promulgates Circular guiding collection, storage, consolidation,
provision, publicizing and assessment of occupational accidents and technical
difficulties causing serious loss of occupational safety and hygiene.
Article 1. Scope
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Article 2. Regulated entities
This Circular applies to employers and agencies,
organizations, individuals related to collection, storage, consolidation,
provision, publicizing and assessment of occupational accidents and technical
difficulties causing serious loss of occupational safety and hygiene.
Article 3. Collection, storage,
consolidation and provision of information on occupational accidents
1. Responsibilities for
collecting and storing information on occupational accidents are as follows:
a) Employers must organize collection and storage
of information on occupational accidents that take place in their facilities;
keep statistical records of occupational accidents using Form under Annex I
attached to this Circular; fully and promptly update on database on
occupational accidents of Ministry of Labor – War Invalids and Social Affairs
from the date on which the database starts to operate; identify primary
traumatizing factors according to the list under Annex IV attached to this
Circular;
b) People’s Committees of communes, wards and towns
(hereinafter referred to as “People’s Committees of communes”) must collect and
store information on occupational accidents for workers who work without
contracts within local administrative divisions; keep statistical records of
occupational accidents using Form under Annex II attached to this Circular;
fully and promptly update on database on occupational accidents of Ministry of
Labor – War Invalids and Social Affairs from the date on which the database
starts to operate; identify primary traumatizing factors according to the list
under Annex IV attached to this Circular;
c) Agencies in charge of investigating occupational
accidents specified under Point c Clause 1 Article 34, Clause 4 Article 35 of
Law on Occupational Safety and Hygiene and Article 21 of Decree No.
39/2016/ND-CP dated May 15, 2016 of the Government on elaborating to Law on
Occupational Safety and Hygiene (hereinafter referred to as “Decree No.
39/2016/ND-CP”) shall organize collection and storage of information on
occupational accidents within their responsibilities; keep statistical records
of occupational accidents using Form under Annex III attached to this Circular;
identify primary traumatizing factors according to the list under Annex IV
attached to this Circular;
d) Departments of Labor – War Invalids and Social
Affairs must organize collection and storage of information on occupational
accidents for accidents that have been filed for prosecution and accidents that
have been prosecuted; provide brief reports on lethal accidents and serious
technical difficulties regarding occupational safety and hygiene within local
administrative divisions; fully and promptly update on database on occupational
accidents of Ministry of Labor – War Invalids and Social Affairs from the date
on which the database starts to operate;
dd) Ministry of Labor – War Invalids and Social
Affairs shall organize collection and storage of information on occupational
accidents that take place within the country.
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Article 4. Assessment and
publicizing of occupational safety
1. Employers are responsible
for assessing and publicizing occupational accidents that take place at the
facilities as follows:
a) On a 6-month or yearly period, assess and
publicize occupational accidents that take place at the facilities to
employees; information on occupational accidents must be publicized before July
10 for figures of the first 6 months and before January 15 for figures of the
whole year;
b) Publicized information must be posted publicly
at head offices of the facilities and in other departments, teams, wards (for
departments, teams, wards where occupational accidents take place), at annual
worker seminars of enterprises and uploaded on website of the facilities (if
any).
2. People’s Committees of
communes are responsible for assessing and publicizing occupational accident
situations for workers working without contracts within administrative
divisions as follows:
a) On a 6-month or yearly basis, assess and
publicize occupational accident situations for workers working without
contracts within administrative divisions. Information on occupational
accidents must be publicized before July 10 for figures of the first 6 months
and before January 15 for figures of the whole year;
b) Publicized information must be posted publicly
at head offices of People’s Committees of communes, uploaded on website of
people’s Committees of communes (if any) and broadcasted by radio stations of
communes.
3. Departments of Labor - War
Invalids and Social Affairs of provinces and central-affiliated cities
(hereinafter referred to as “Departments of Labor - War Invalids and Social
Affairs”) are responsible for assessment and publicizing occupational accidents
that take place within administrative divisions as follows:
a) On a 6-month or yearly basis, publicize
occupational accidents that take place within administrative divisions.
Information on occupational accidents must be publicized before July 20 for
figures of the first 6 months and before January 30 for figures of the whole
year;
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4. Agencies specified under
Point c Clause 1 Article 3 of this Circular shall assess and publicize
occupational accidents within their investigation responsibility as follows:
a) On a 6-month or yearly basis, publicize occupational
accidents within investigation responsibility. Information on occupational
accidents must be publicized before July 20 for figures of the first 6 months
and before January 30 for figures of the whole year;
b) Publicized information must be posted publicly
at head offices of agencies and uploaded on website of agencies and media of
supervisory ministries (if any).
5. Ministry of Labor – War
Invalids and Social Affairs are responsible for assessing and publicizing
occupational accidents that take place in the country as follows:
a) On a 6-month or yearly basis, publicize
occupational accidents that take place within the country. Information on
occupational accidents must be publicized before August 15 for figures of the
first 6 months and before February 25 for figures of the whole year;
b) Publicized information must be uploaded on
website of Departments of Social – War Invalids and Social Affairs and mass
media.
6. Details of publicized
information on occupational accidents:
a) Number of occupational accidents and number of
lethal occupational accidents;
b) Number of victims of occupational accident and
number of casualties of lethal occupational accidents;
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d) Damage caused by occupational accidents,
including: total number of day off due to occupational accidents, expenses for
medical and salary during treatment period, compensation, benefits, other
expenses; tangible damage;
dd) Shift (in quantity or rate) of statistical
figures specified under Points a, b, c, and d of this Clause compared to the
same period or reporting period; analysis of causes of the shit and
effectiveness of occupational accident precautions (including analysis of plans
for occupational safety and hygiene and implementation thereof).
Article 5. Collection, storage,
consolidation, provision, publicizing and assessment of technical difficulties
causing serious loss of occupational safety and hygiene
1. Collection, storage,
consolidation, provision, publicizing and assessment of technical difficulties
causing serious loss of occupational safety and hygiene shall conform to
specialized regulations and law.
2. On the basis of information
provided by agencies in charge of investigating technical difficulties that
cause serious loss of occupational safety and hygiene according to Clause 4
Article 26 of Decree No. 39/2016/ND-CP, Ministry of Labor – War Invalids and
Social Affairs shall assess and publicize technical difficulties causing
serious loss of occupational safety and hygiene across the country and
occupational accidents.
Article 6. Responsibilities for
implementation
1. Employers are responsible
for adopting more measures for improving working conditions; publicizing and
raising awareness of workers to prevent occupational accidents and technical
difficulties causing serious loss of occupational safety and hygiene.
2. People’s Committees of
communes are responsible for publicizing and raising awareness of workers
working without contracts within local administrative divisions to prevent occupational
accidents and technical difficulties causing serious loss of occupational
safety and hygiene.
3. Departments of Labor – War
Invalids and Social Affairs are responsible for publicizing, guiding and
examining implementation of this Circular to employers in local administrative
divisions.
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Article 7. Implementation
1. This Circular comes into
force from January 15, 2021.
2. Circular No.
08/2016/TT-BLDTBXH dated May 15, 2016 Minister of Labor – War Invalids and
Social Affairs guiding collection, storage, consolidation, provision,
publicizing and assessment of occupational accidents and technical difficulties
causing serious loss of occupational safety and hygiene expires from the
effective date of this Circular.
3. If documents referred in
this Circular are amended or replaced, the new documents will prevail.
4. Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
for consideration./.
PP. MINISTER
DEPUTY MINISTER
Le Tan Dung