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MEKONG COUNSEL

Joint Circular guiding on declaration, investigation, statistic, and report of labor accidents

On May 21st, 2012, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 12/2012/TTLT-BLDTBXH-BYT guiding on declaration, investigation, statistic, and report of labor accidents. Accordingly, enterprises, agencies, organizations, and individuals employing laborers (“establishments”) must declare, investigate, make statistic and report about labor accidents as regulated by law.

 

- Declaration of labor accidents: When a labor accident happens to a laborer, the victim or person who knows the labor accident (other laborers, manager) must immediately report to the employer. For labor accident which causes death or bad injury to two persons or more, the establishment where the labor accident happens must report to the Inspectorate of the provincial Department of Labor, War Invalids and Social Affairs or the district-level Public Security where the labor accident happens, and the direct managerial agency of the establishment (if any) in the fastest manner.

 

- Founding of an Inspectorate for investigation of labor accidents in the establishment: upon receiving the information of a labor accident, the employer must found an Inspectorate for investigation of the labor accident in the establishment. The Inspectorate shall comprise: the employer, representative of the grassroots Trade Union, a labor safety and hygiene staff, a medical staff of the establishment, and other members (if necessary).

 

- Statistic and report of labor accidents: Within 02 working days from the date of receiving the report on labor accident investigation and minutes of meeting of announcement of the labor accident investigation report, the establishment managing the victim of the labor accident must make statistic of the labor accident and report it as regulated, and record it in the Book of Labor Accident (under a set form).

 

This Joint Circular shall be effective from July 4th, 2012.

 

Remarks: File attached.