JOINT CIRCULAR

2. Responsibility of the commission for occupational accidents

2.1. Coordination with the Investigation Police Organization to examine the scene, make autopsy related to occupational accidents according to lawful regulations. As required by the Investigation Police Organization, commissions for occupational accidents inspection has responsibility for providing information, documents specialized in occupational safety and health and other relevant information, documents as required by occupational accident inspection and settlement.

2.2. During the settlement of occupational accidents within the competence, if any new signs related to criminal is detected, the commission for occupational accidents shall send a proposal attached with original documents, and transfer relevant items, equipment (if any) to the Investigation Police Organization for consideration and bring the criminal case to the court according to lawful regulations; at the same time, send that proposal to the same level People's Procuracy.

3. Responsibility of the Investigation Police Organization

3.1. Under circumstances the Investigation Police Organization issues a decision not to bring the accident to the court, upon the request of the commission for occupational accidents, within a period of 05 working days from the date of that decision and the same level People's Procuracy agrees with that decision, the Investigation Police Organization has responsibility for providing and transferring the folllowing copied documents, and items, equipment to the commission for occupational accidents:

a) Decision not to bring the criminal case to the court;

b) Minutes on examinition of the scene;

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d) Photographs of the scene, photographs of victims (if any);

d.1) Minutes on examining marks on the body; minutes on autopsy (if any);

e) Minutes on declaration of victims (if any), of witnesses and persons with benefits, obligations related to the occupational accident;

g) Outcomes of consultations for appraisal (if any);

h) Items, equipment related to occupational accidents (if any), which are permitted to submitted and transferred according to lawful regulations, along with a minute on temporarily kept items and equipment.

3.2. Under circumstances the Investigation Police Organization issues ra decision to bring a criminal case to the court, upon request of the commission for occupational accidents, the Investigation Police Organization has responsibility for sending a copy of the decision to bring the criminal case to the court to the commission for occupational accidents; At the same time, when the inspection is concluded, a copy of examination conclusions shall be sent to the commission for occupational accidents. Under circumstances the examination is postponed, the Investigation Police Organization has responsibility for sending copies of documents and transferring related items, equipment as stipulated at Points b, c, d, d.1, e, g, h of Item 3.1 of this Circular together with a copy of the inspection postpone decision, a copy of inspection conclusions to the commission for occupational accidents.

3.3. Within a period of 20 days after the date a proposal to bring the case to the court along with related documents of the commission for occupational accidents is received, the Investigation Police Organization has responsibility for checking, verifying and then notifying written outcomes of considerations to bring the case to court to the commission for occupational accidents. If the occupational accident involves many complicated details requiring check and verification at many places, the answering period can be extended, but not exceeding a period of two months.

4. Responsibility of the People's Procuracy.

4.1. The People's Procuracy has responsibility for controlling the settlement of a proposal of the commission for occupational accidents to bring the case to the court; controlling the examination on the scene, autopsy and other inspection activities of the Investigation Police Organization during the settlement of occupational accidents according to lawful regulations

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III. VALIDITY

1. This Circular enter into force after 15 days since being officially gazetted and replaces Circular No. 08/TT-LB dated 7/4/1982 of Ministry of Labour, Ministry of Internal Affairs (Presently Ministry of Public Security) and the People's Supreme Procuracy guiding the coordination relationship between Ministry of Labour, Ministry of Internal Affairs (Presently Ministry of Public Security) and the People's Supreme Procuracy about inspection and settlement of serious occupational accidents.

2. During the implementation, any arisen problem shall be reported to Ministry of Labour, Invalids and Social Affairs, Ministry of Public Security and the People's Supreme Procuracy for consideration and settlement./.

ON BEHALF OF MINISTER

ON BEHALF OF DIRECTOR

ON BEHALF OF MINISTER

MINISTRY OF PUBLIC SECURITY
VICE MINISTER





Le The Tiem

PEOPLE'S SUPREME PROCURACY
VICE DIRECTOR





Duong Thanh Bieu

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ANNEX

SOCIAL REPUBLIC OF VIETNAM

 Template of minute attached to Joint Circular No. 01/2007/TTLT/BLDTBXH-BCA-VKSNDTC dated 12/01/2007

Independence – Freedom – Happiness

   Time .. . . . . ... , …day/month/year…, at .....  [1]  .........................................................................

We are:

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Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Receiving Person: . . . . . . . . . . . . . . . . . . . . . .  . . . . .  Position: .. . . . . . . . . . . . . . . . . . . . . .

Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

organized the receipt and delivery of:

Full names of injured persons : . . . . .  .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Birth of date: ...day/month/year ….  at birth place: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permanent address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Identification card (or Passport) No.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

issued on ...day/month/year . .  .  by :  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

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. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. Documents include: . . . .  .  . . . . . . . . .. . . . .files, totalling of . . . . . . . . . . . . . . pages

(including statistics record of documents kept in the occupational accident file).

. Along with the following items and equipment:  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This minute is printed in 04 original copies, each side keeps 02 original copies./.

RECEIVER

DELIVER

(Signature, full name)

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¹ Place of receipt and delivery;

[2] Place where the occupational accident occurred