Comply with the provisions of the Law on Occupational Safety and Health on statistics and reports on occupational accidents and technical incidents causing serious occupational safety problems and detailed regulations of the Government, the Ministry of Labor, War Invalids and Social Affairs on the implementation of articles of the Law on Occupational Safety and Health.
The Department of Labor, War Invalids and Social Affairs (Labor department) guides the periodical report on the situation of occupational accidents in the first 6-months of 2022 as follows:
Subject to report: enterprises, manufacture factory, business, organization located in HCMC that employing labor (herein after called “The employer”).
Note:
- In case there is no arising occupational accident in the period, the employer shall submit the report according to the regulation.
- In case there is occupational accident in the period: the employer fully analysis the information of the accident: the reason causes to accident; the major leads to injury, job of the employee who got injured; the number of leave days for accident and cost to the form Annex XII and send the compensation documents to Labor department, stipulated at Point C, clause 3, article 6, circular 28/2021/TT-BLĐTBXH dated December 28th 2021 of Labor Department guiding the implementation of a number of articles of the Law on Occupational Safety and Health regarding benefits for employees suffering from occupational accidents and diseases.
Timeline for data collection: From January 01st 2022 to the time of report.
Form: Annex XII attached to Decree 39/2016/NĐ-CP dated May 15th 2016 of Goverment detailing a number of articles of the Law on Occupational Safety and Health.
Time for submission: From June 15th 2022 to July 05th 2022.
Method of submission:
- Option 1: Send soft copy of report to the email address: atld.hcmc@gmail.com including PDF file (signature and stamp) and Word/Excel file.
- Option 2: Send the hard copy to Labor Department by courier or submit directly at 159 Pasteur, Vo Thi Sau ward, district 3, HCMC.
If there is an act of not making statistics, reporting or disclosing information on the occupational accident situation; then the employer will be penalized with the following:
Fine range | Action |
From VND 10,000,000 to VND 20,000,000. | - No occupational accident statistics; - Failure to periodically report or report incompletely or incorrectly or not report on time on occupational accidents and diseases; - Failure to periodically report or report incompletely or incorrectly or not report on time technical incidents that cause serious occupational safety and health problems as prescribed by law. |
From VND 20,000,000 to VND 30,000,000. | - Failing to inform employees about one of the following: occupational accidents and occupational diseases; dangerous and harmful factors; measures to ensure occupational safety and health at the workplace; - Failing to organize the identification and assessment of dangerous and harmful factors at the workplace; - There are no warning signs, instruction boards in Vietnamese and the common language of workers on occupational safety and health for machines, equipment, materials and substances with strict safety requirements at the workplace, where it is stored, preserved, used and placed in an easy-to-read and conspicuous position. |
Legal rounds:
- Clause 1 Article 6, Clause 3 Article 20 and Clause 5 Article 22 Decree 12/2022/NĐ-CP;
- Decree 39/2016/NĐ-CP;
- Decree 28/2021/TT-BLĐTBXH.
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