7 new points on authority related to occupational safety and accident from July 1

Như Hạ (T/H) |

From July 1, 2025, many contents of occupational safety and hygiene management will be officially strongly delegated to the commune level.

1. Strong decentralization of authority to commune-level People's Committees on labor safety from 1.7.2025

From July 1, 2025, the People's Committees at the commune level will be officially assigned many specific tasks in ensuring occupational safety and hygiene, for the first time deeply delegating authority to the commune level in areas under the authority of the district level or higher.

According to Article 9 of Decree 128/2025/ND-CP, the People's Committees at the commune level are assigned the following tasks:

- Receive notification of labor safety risks from workers in the management area to promptly take measures to prevent violations (Point a, Clause 1).

- Receive notification from the employer when a serious incident occurs regarding occupational safety and hygiene and proactively handle it according to regulations (Point b, Clause 1).

- Immediately respond to serious technical incidents involving many production and business establishments in the area and report to the Department of Home Affairs if it exceeds its authority (Point c, Clause 1 and Clause 2).

This is the first time the commune level has been directly assigned specific tasks related to labor safety.

2. The commune level is responsible for collecting statistics and reporting serious labor accidents

Pursuant to the provisions of Articles 44 and 47 of Decree 129/2025/ND-CP, the People's Committees at the commune level must:

- Statistics and reports on work accidents and serious technical incidents occurring in the area to the Department of Home Affairs.

- Applicable to even employees without contracts.

Before July 1, 2025, the responsibility for this report will mainly be implemented by enterprises and the Department of Labor, War Invalids and Social Affairs according to Decree 39/2016/ND-CP.

3. Commune-level People's Committees investigate labor accidents for uncontracted workers

According to the provisions of Articles 43 and 49 of Decree 129/2025/ND-CP, the People's Committees at the commune level:

- Make a record of a work accident (if only 1 person was seriously injured);

- Establish an accident investigation team if the victim participates in voluntary occupational accident insurance;

- send a quick report according to the form to the Department of Home Affairs and the Commune Police (if there is a death).

At the same time, the People's Committee at the commune level reported to the Department of Home Affairs on labor accidents, technical incidents causing serious unsafety and occupational hygiene related to workers working without labor contracts occurring in the area according to regulations.

4. Commune level receives declarations of labor accidents and technical incidents

According to Article 42 of Decree 129/2025/ND-CP, the Commune-level Police are responsible for:

- Receive declarations of occupational accidents or technical incidents causing unsafety from employers (Point b, Clause 1, Article 34, Law on Labor Safety and Hygiene).

- Receive notification from the People's Committee of the commune if the accident kills or causes serious injuries to 2 or more people (Point d, Clause 1, Article 34 of this Law).

5. Commune level establishes Voluntary Labor Accident Investigation Team

According to Article 49 of Decree 129/2025/ND-CP, when employees participating in voluntary occupational accident insurance have an accident, the People's Committee at the commune level:

- Quickly report to the Department of Home Affairs and the Commune Police (if there are deaths or ≥2 injuries) (Clause 1).

- Establish a grassroots investigation team (Clause 2).

- send the investigation report to the victim, the Department of Home Affairs, Social Insurance... (Clause 3).

6. Commune level coordinates to re- investigate labor accidents when there are complaints and denunciations

According to Article 50 of Decree 39/2016/ND-CP, the re- Investigation of work-related accidents when there are complaints and denunciations as prescribed in Point c, Clause 1, Article 20 of Decree No. 143/2024/ND-CP is carried out as follows:

The People's Committee of the commune where the accident occurred and the Provincial Labor Accident Investigation Team investigated the labor accident are responsible for providing full documents, objects, and means related to the labor accident to the Central Labor Accident Investigation Team for the accident occurring to workers in case of re- Investigation of labor accidents when there are complaints and denunciations according to regulations.

7. Commune level manages voluntary occupational accident insurance

According to Article 51 of Decree 39/2016/ND-CP, the People's Committees at the commune level shall propagate the policy of voluntary occupational accident insurance; Inspect and handle violations; Resolve complaints and denunciations; Propose to amend the policy if necessary.

In addition, periodic and surprise complaints were made to the Provincial People's Committee, the Department of Home Affairs and other responsibilities under the law.

Như Hạ (T/H)
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