Circular No. 13/2017/TT-BLDTBXH dated May 15, 2017 of the Ministry of Labor, War Invalids and Social Affairs on providing for statement, statistical investigation and reporting on occupational accidents in maritime sector

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 13/2017/TT-BLDTBXH dated May 15, 2017 of the Ministry of Labor, War Invalids and Social Affairs on providing for statement, statistical investigation and reporting on occupational accidents in maritime sector

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Occupational Safety and Sanitation dated June 25, 2015;

Pursuant to the Government’s Decree No. 121/2014/ND-CP dated December 24, 2014 elaborating certain articles of the Maritime Labor Convention in 2006 with respect of working conditions for seafarers on board a ship;

Pursuant to the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 elaborating the implementation of the Law on Occupational Safety and Sanitation;

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the Functions, Tasks, Powers and Organizational Structure of Ministry of Labor, War Invalids and Social Affairs;

At the Request of Director of the Department of Work Safety;

Minister of Labor, War Invalids and Social Affairs promulgates a Circular providing for statement, statistical investigation and reporting on occupational accidents in maritime sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular provides regulations on statement, statistical investigation and reporting on occupational accidents in maritime sector.

Article 2.Subject of application

This Circular applies to:

a) Vietnamese-flagged ships, ship-owners and seafarers working on board Vietnamese-flagged ships;

b) Foreign-flagged ships, ship-owners and seafarers working on board foreign-flagged ships operating within at Vietnam s port waters;

c) Concerned entities and individuals of Vietnam and of foreign countries.

2. The ship-owners and seafarers working on board the following ships shall not be governed by regulations herein.

a) Military ships, public vessels and fishing vessels;

b) Vietnamese-flagged ships that do not operate on international voyages.

Article 3. Interpretation of terms

In this document, these terms are construed as follows:

1. Vietnamese seafarer refers to a Vietnamese citizen who is recruited or employed to undertake a specific working position on board a ship upon his satisfaction of eligibility requirements and standards as regulated by law.

2. Period of service on board ship is a period of time from the receipt of duties on board ship to the repatriation of a seafarer.

3. Employers refer to entities or individuals managing and operating ships; entities or individuals managing and supplying seafarers; or individuals authorized by them to take charge of seafarer management.

Article 4. Occupational accidents in maritime sector

1. Occupational accidents in maritime sector occur within the period of service on board ship of seafarers and cause injuries to any body parts or functions or death of seafarers while they perform duties or do other tasks as assigned by ship-owner or his authorized person.

2. Statement, investigation and reporting on the following accidents which occur at reasonable places and times must also comply with regulations herein: Accidents that happen while seafarers move from their residence to ships and vice versa.

Article 5. Classification of maritime occupational accidents

1. Fatal maritime occupational accidents are accidents in which the victims die at the scene or on the way to the hospital, or during an emergency procedure, or during the medical treatment, or from the relapse of the injury caused by such accidents (under the conclusion in the forensic examination record or the conclusion given by the health facility), or the missing victims are declared dead by the competent Court.

2. Maritime occupational accidents causing serious injuries to seafarers (hereinafter referred to as “serious maritime occupational accidents”) are accidents in which the victims suffer at least one of the injuries prescribed in the Appendix I promulgated together with this Circular.

3. Maritime occupational accidents causing minor injuries to seafarers (hereinafter referred to as “minor maritime occupational accidents”) are accidents other than those prescribed in Clause 1, Clause 2 of this Article.

Article 6. Purposes and requirements for investigation of maritime occupational accidents

1. Determine causes or potential causes of occupational accidents in the maritime sector in order to take effective measures to prevent and minimize similar accidents.

2. Assist in solving occupational accident benefits for Vietnamese seafarers.

Chapter II

STATEMENT, STATISTICAL INVESTIGATION AND REPORTING ON OCCUPATIONAL ACCIDENTS IN MARITIME SECTOR

Article 7. Making statement about maritime occupational accidents

1. When occupational accidents occurring on board ships or during the performance of other duties or works assigned by the employer, the victim or the person that knows the incident must promptly notify the employer.

2. If a maritime occupational accident causes death or seriously hurts more than one seafarer within the territorial waters of Vietnam, the employer must make statement about the incident using the fastest means (directly or by phone, fax, official dispatches or emails) to the nearest Maritime Administration, the Inspectorate of the Provincial Department of Labor, War Invalids and Social Affairs and the Police Department of district where the incident occurs.

3. If a maritime occupational accident causes death or seriously hurts more than one seafarer outside the territorial waters of Vietnam, the employer must make statement about the incident (directly or by phone, fax or emails) to the representative missions of Vietnam in foreign country (where the ship arrives), the Vietnam Maritime Administration and the Inspectorate of Ministry of Labor, War Invalids and Social Affairs.

4. The statement contents must comply with the form in the Appendix II promulgated together with this Circular.

Article 8. Maritime occupational accident investigation commission

1. Internal maritime occupational accident investigation commission

When being informed about the accidents happening on board ships, the employer must promptly establish the internal occupational accident investigation commission in order to investigate such accidents. Members, powers, duties and investigation processes of the internal occupational accident investigation commission shall abide by regulations of the law on employment, excluding cases prescribed in Clause 2, Clause 3 of this Article.

2. Provincial maritime occupational accident investigation commission

When being informed about the accident that cause death or seriously hurt two or more seafarers, the Regional Maritime Administration shall issue the decision on establishing the provincial maritime occupational accident investigation commission (using the form in the Appendix III promulgated together with this Circular) to cooperate in investigation of maritime occupational accidents.

The Provincial maritime occupational accident investigation commission includes:

a) The Chief Commissioner being representative of the Maritime Administration;

b) The members being the representatives of the Inspectorate of the Provincial Department of Labor, War Invalids and Social Affairs;

c) The members being the representatives of the Provincial Department of Health;

d) The members being the representatives of the Provincial Confederation of Labor;

dd) Other guest members (if necessary).

3. Central maritime occupational accident investigation commission

When being informed about the accident that cause death or seriously hurt two or more seafarers in foreign countries or the especially serious accident with complex elements (if necessary), the Vietnam Maritime Administration shall issue the decision on establishing the central maritime occupational accident investigation commission (using the form in the Appendix IV promulgated together with this Circular) to cooperate with relevant authorities/ specialized units in conducting investigation and recording maritime occupational accidents. In case it is difficult to move to the accident scene abroad, the Commission may request the foreign regulatory authorities or Vietnamese diplomatic missions in foreign countries to support and provide necessary documents.

The Central maritime occupational accident investigation commission includes:

a) The Chief Commissioner being the representative of Vietnam Maritime Administration;

b) The members being the representatives of the Inspectorate of the Ministry of Labor, War Invalids and Social Affairs;

c) The members being the representatives of the Ministry of Health;

d) The members being the representatives of the Vietnam General Confederation of Labor;

dd) Other guest members (if necessary).

4. Duties of maritime occupational accident investigation commission

Request the employer to provide documents, records and materials related to the accident and cooperate with relevant competent authorities in taking testimony using the form in the Appendix V accident investigation commission (using the form in the Appendix III promulgated, and conduct investigation based on evidence collected from the accident.

5. The Chief commissioner of the maritime occupational accident investigation commission is responsible to:

a) Make decisions on carrying out the investigation in order to ensure the timely investigation in case the representative from one of the relevant agencies prescribed in Clause 2 and Clause 3 Article 8 of this Circular is not present;

b) Assign tasks to the members in the investigation commission;

c) Hold discussion to achieve unanimity if the members of the investigation commission are not unanimous. If the unanimity cannot be achieved, the Chief commissioner shall make decisions and bear responsibilities for such decisions;

d) Disclose the maritime occupational accidents records.

6. The members of the maritime occupational accident investigation commission are responsible to:

a) Perform the tasks assigned by the Chief commissioner and participate in the activities of the investigation commission;

b) Preserve the opinions and send reports to the leaders of the agency that directly manages such members;

c) Conceal the information, documents during the investigation before the investigation record is disclosed.

Article 9. The process of maritime occupational accident investigation

1. The maritime occupational accident investigation commission shall request the employer or competent authorities to provide documents, records and materials related to the accident that causes death or seriously hurt two or more seafarers; cooperate with domestic and foreign authorities in collecting trails, evidence, documents related to the occupational accident.

2. Processing, analyzing the testimony and evidence collected in order to discover the following contents:

a) The maritime occupational accident happening;

b) The cause of the maritime occupational accident;

c) Drawing conclusion about the maritime occupational accident (specifying whether or not the accident is a maritime occupational accident or an accident considered a maritime occupational accident);

d) The measures to remedy and prevent the reoccurrence or the occurrence of similar maritime occupational accidents.

3. Making the maritime occupational accident investigation record under the form in the Appendix VII promulgated together with this Circular.

4. Holding meeting and making the minute of the meeting about the disclosure of the maritime occupational accident investigation record under the form in the Appendix VIII promulgated together with this Circular right after the investigation. The meeting about the disclosure of the maritime occupational accident investigation record is attended by:

a) The Chief investigation commissioner or his/her authorized representative (Chairperson);

b) The representative of the members of the maritime occupational accident investigation commission;

c) The employer;

d) The victim or the representative being the victim s relative, the persons that know the incident and the persons relating to the maritime occupational accident;

dd) The representatives of the Steering Committee of the Union.

5. The members participating in the meeting that are not unanimous in the content of the maritime occupational accident investigation record are entitled to put down their opinion and append their signatures to the minute of the meeting about the disclosure of the maritime occupational accident investigation record; the employer must sign and append their seal (if any) to the minute of the meeting about the disclosure of the maritime occupational accident investigation record and implement the proposals of the maritime occupational accident investigation commission.

6. Within 05 working days as from completing the minute of the meeting about the disclosure of the maritime occupational accident investigation record, the maritime occupational accident investigation commission must send (directly or by post) the maritime occupational accident investigation record and the minute of the meeting about the disclosure of the maritime occupational accident investigation record to the agencies belonging to the maritime occupational accident investigation commission, Vietnam Maritime Administration, the Ministry of Transport, the Ministry of Labor, War Invalids and Social Affairs (the Ministerial Inspectorate and the Department of Work Safety), the employer’s head office where the accident happens and the victims or the victims’ relatives.

Article 10. Maritime occupational accident dossier

1. The maritime occupational accident dossier includes:

a) The scene examination record (if any);

b) The scene diagram;

c) The scene’s pictures, the victim’s pictures;

d) The copy of the post-mortem examination or injury examination record, excluding accidents in which victims are missing as declared by the competent Court;

dd) The copy of the technical, forensic examination record or the conclusion of judicial expertise (if any);

e) The testimony record of the victim (using the form in the Appendix V herein), the persons that know the incident or the persons related to the accident;

g) The maritime occupational accident investigation record;

h) The minute of the meeting about the disclosure of the maritime occupational accident investigation record;

i) The injury confirmation from the hospital where the victim is treated (if any);

k) The discharge note from the hospital where the victim is treated (if any);

l) The certified copies of the documents mentioned in Point a, Point b, Point d, Point dd, Point e Clause 1 of this Article if the maritime occupational accident occurs outside the territory of Vietnam (if any).

2. In case of missing, the dossier includes:

a) The testimony record of the persons that know the incident (using the form in the Appendix V herein) or the persons related to the accident;

b) The Court’s decision to declare a person missing;

c) The maritime occupational accident investigation record;

d) The minute of the meeting about the disclosure of the maritime occupational accident investigation record.

3. In case there are many victims in the same maritime occupational accident, each victim must have a separate dossier.

Article 11. Responsibilities of the victim, the persons that know the incident and the persons related to the accident

1. Accurately and sufficiently provide information and facts concerning the maritime occupation accident at the request of the accident investigation commission and assume legal responsibility for the provided information.

2. The testimony from the victim, the persons that know the incident or the person related to the accident shall be recorded according to the form in the Appendix V promulgated together with this Circular.

Article 12. Responsibilities of employer

1. Timely giving first-aid to the victim.

2. Making statement about occupational accidents as prescribed in Article 7 of this Circular.

3. Preserving the scene of fatal accidents and serious accidents under the following principles:

a) In case the scene is muddled while giving first aid to the victim and preventing risks, damage to other people, the employer must draw the diagram of the scene, make records, photograph and film the scene (if possible);

b) The scene shall only be cleaned after the investigation is done as prescribed in this Circular and after obtaining the written consent from the Police Department or the occupational accident investigation commission.

4. Promptly providing the documents, items and equipment related to the occupational accident at the request of the superior occupational accident investigation commission and bearing responsibilities before the law for those documents, items and equipment.

5. Assisting the persons related to the accident in providing information for the occupational accident investigation commission when being requested.

6. Holding the occupational accident investigation as prescribed in Clause 1 Article 8 of this Circular.

7. Sufficiently notifying the occupational accident to the employees within the employer’s facility.

8. Paying the expenses on occupational accident investigation, including re-investigation, including:

a) The accident scene simulation;

b) Photographing and printing scene pictures and victim’s picture;

c) Technical, forensic examination (if necessary);

d) Post-mortem examination;

dd) Printing documents relating to the occupational accident;

e) Transport serving the occupational accident investigation;

g) Holding the meeting about disclosure of the occupational accident investigation record;

h) The expenses stated above shall be recorded into the regular operation expenses, production and business expenses of the employer and shall be reasonable expenses when calculating and paying enterprise income tax as prescribed by the Law on Enterprise Income Tax.

9. Implementing the measures for remedying the consequences caused by the occupational accidents; holding experience-learning meetings; implementing and reporting the results of the implementation of the recommendations stated in the occupational accident investigation record; disciplining the persons at fault.

Article 13. Making statistics and reports on maritime occupational accidents

1. Maritime Administrations and the Vietnam Maritime Administration shall make statistics on maritime occupational accidents under the form in the Appendix IX promulgated together with this Circular.

2. Maritime Administrations shall prepare and send reports on the occupational accident status within the first six months and within a year within their managing regions under the form in the Appendix X promulgated together with this Circular to the Vietnam Maritime Administration; the first-six-month reports must be sent before July 10^th, and the annual reports must be sent before January 10^thof the succeeding year.

3. The Vietnam Maritime Administration shall prepare and send reports on the occupational accident status within the first six months and within a year in the whole country under the form in the Appendix X promulgated together with this Circular to the Ministry of Transport and the Ministry of Labor, War Invalids and Social Affairs; the first-six-month reports must be sent before July 15^th, and the annual reports must be sent before January 25^thof the succeeding year.

Article 14. Expenses on maritime occupational accident investigation

Expenses on maritime occupational accident investigation, excluding expenses paid by the employer as prescribed in Clause 8 Article 12 herein, shall be covered by the Maritime Administration’s funding for non-recurring expenses.

Article 15. Complaints and denunciations

Complaints and denunciations (if any) related to the investigation of occupational accidents in the maritime sector shall be handled in accordance with effective regulations of the Law on resolution of complaints and denunciations.

Chapter III

IMPLEMENTATION PROVISIONS

Article 16. Implementation responsibility

1. Employers are responsible for strictly implementing regulations herein, intensifying measures to improve working conditions; periodically assessing risk factors and occupational hazards; disseminating knowledge and improving awareness of seafarers of prevention of occupational accidents.

2. Vietnam Maritime Administration shall instruct maritime regulatory bodies to disseminate and provide guidance on the implementation of this Circular for entities, individuals and enterprises operating in maritime sector within their management.

3. Provincial Departments of Labor, War Invalids and Social Affairs shall disseminate and provide guidance on the implementation of this Circular for employers in maritime sector in provinces.

4. Ministry of Transport and Ministry of Labor, War Invalids and Social Affairs shall instruct and inspect the implementation of this Circular by their regulatory authorities under their management.

Article 17. Effect

This Circular takes effect on July 01, 2017. Any difficulties arising in the course of  implementation of this Circular should be reported to the Ministry of Transport that take charge of requesting the Ministry of Labor, War Invalids and Social Affairs for consideration./.

For the Minister

The Deputy Minister

Doan Mau Diep