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THE MINISTRY OF
LABOUR, INVALIDS AND SOCIAL AFFAIRS, THE MINISTRY OF HEALTH, THE VIETNAM GENERAL
CONFEDERATION OF LABOUR
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness
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No:
14/2005/TTLT/BLDTBXH-BYT- TLDLDVN
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Hanoi, March 08,
2005
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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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....., Day ........
month ........,. year.......
NOTIFICATION 0F
OCCUPATIONAL ACCIDENT
To:The Inspection of Department
of Labour, War Invalids and Social Affairs;
.....................................................1....................................................
The District Police.
..............2..............
1. Information of the
unit:
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...................................................................................................................
- Telephone
Number:.........................; Fax:....................;
Email:..................
- Name of the higher
administration body (if any):
...................................................................................................................
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
......, day
........ month ..........
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
----------
No : . . . . /QD-
LDTBXH
Ha noi, Day … month
… year
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...
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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
…………6…………
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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:……………………………………………………………………………
……………………………………………………………………………………
Occupation:………………………………………………………………………………………....
Workplace:……………………………………………………………………………………………………………………………………………………………………………………… ...
Number
of ID Card (or Passport): …………………………………………………………….. issued
on: day………month………year………by……………………….
…………………………………………………………………………………………………….
Relationship with the
victim(s):…………………………………………………
………………………………………………………………………
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
----------
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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...
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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
----------
………., 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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...
...
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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.
FORM
10-B
...
...
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Report maker
(Signature, full name)
. . . . . . . , Day . .
. . . month . . . . . year
. .
. . .
DIRECTOR OF DEPARTMENT OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
(Signature, full name, position and seal)
37, 38 Based on the
list and codes of the VietnamÜs current administrative units, which is enforced
by the Prime Minister.
39 Specify names and codes based
on
the economic, administrative and non-productive unit list enforced by
the General
Department of Statistics.