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Occupational accidents are a critical issue in the field of labor safety and hygiene in Vietnam, clearly stipulated in legal documents to protect the rights and health of workers. Below are the main legal regulations on occupational accidents in Vietnam:
Occupational Accidents
An occupational accident is an unexpected incident occurring during the working process that harms the health or life of the worker. This incident can occur at the workplace, during working hours, or outside working hours and the workplace when the worker is performing tasks at the employer’s request.
Occupational accidents also include incidents occurring on the way from the residence to the workplace. The primary causes are unsafe working conditions or hazardous factors in the production process. The consequences often result in reduced working capacity or death of the worker.
Therefore, the employer is responsible for prevention, compensation, paying for emergency treatment, medical treatment, and wages during the treatment period for workers involved in an accident. Workers who suffer from occupational accidents are entitled to social insurance benefits according to the law.
Classification of Occupational Accidents
Occupational accidents can be classified into three types:
- Fatal Occupational Accidents: These are accidents that cause the worker to die under the following circumstances:
- Death at the accident site.
- Death on the way to or during emergency treatment.
- Death during treatment or due to the recurrence of injuries from the occupational accident.
- Declared dead by the court in the case of disappearance.
- Severe Occupational Accidents: These are accidents that cause serious injuries to the worker, as specified in Appendix II attached to the Decree.
- Minor Occupational Accidents: These are accidents that do not fall into the above two categories, causing minor injuries to the worker.
Reporting Time and Content for Occupational Accidents
When a fatal occupational accident or an accident causing serious injury to two or more workers occurs, the employer must report it following these steps:
- Immediate Reporting: Using the fastest means such as direct communication, telephone, fax, telegraph, or email, to the Inspectorate of the Department of Labor, Invalids, and Social Affairs where the accident occurred. If the accident is fatal, it must be immediately reported to the district-level police.
- Report Content: According to the form specified in Appendix III attached to the Decree.
In special fields such as radiation, petroleum, transportation, and armed forces, reporting must comply with specialized laws and be promptly reported to the relevant managing ministry. If an occupational accident occurs to a worker not under a labor contract, the victim’s family or the discoverer must immediately report to the commune-level People’s Committee where the accident occurred. The commune-level People’s Committee must then quickly report to the Inspectorate of the Department of Labor, Invalids, and Social Affairs and the district-level police.
The competent authorities and organizations must review, address the report, and notify the informant of the results upon request, while taking necessary measures to protect the legitimate rights and interests of the informant.
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