Clarifying the responsibilities of commune-level police in handling workplace accidents.

Clearly define the tasks and deadlines.

Clause 7, Article 1 of the draft Law amending and supplementing a number of articles of the Law on Occupational Safety and Health stipulates that: when a fatal or seriously injured occupational accident occurs to a worker not working under a labor contract, the victim's family or the person who discovers the accident is responsible for immediately reporting it to the People's Committee of the commune. In the case of a fatal accident or serious injury involving two or more workers, the People's Committee of the commune shall immediately hand over the case to the commune police and notify the specialized labor agency under the People's Committee of the province.

While acknowledging that this regulation is fundamentally consistent with the two-tiered local government model, National Assembly Deputy Nguyen Duy Minh ( Da Nang ) suggested clarifying the responsibilities of the commune-level police after being assigned to handle cases by the commune-level People's Committee.

According to the delegates, the current draft of the new Law only stipulates that the People's Committee at the commune level will "immediately assign" the task to the commune-level police and "notify" the provincial-level specialized agency, but it does not clearly specify what tasks the commune-level police must perform in the initial stage. "This is a very important issue, because in fatal accidents, initial handling is directly significant for protecting the scene, ensuring initial information, and serving the subsequent investigation."

Therefore, the delegate suggested that the drafting agency consider adding to point d, clause 1, Article 34 as follows: When a fatal or seriously injuring work accident occurs involving two or more workers not employed under a labor contract, the People's Committee of the commune shall immediately assign the commune police to receive and process the information, take necessary measures to protect the scene, and coordinate with the specialized labor agency under the People's Committee of the province in accordance with the law .

"Such regulations would clarify the role of the commune level, the responsibilities of the commune-level police, and the coordination relationship with specialized agencies at the provincial level, avoiding situations where information is available but it is unclear which agency is responsible for initial handling," said delegate Nguyen Duy Minh.

Also related to this issue, to ensure the rights of victims of work accidents, National Assembly Deputy Nguyen Thi Viet Nga ( Hai Phong ) proposed clarifying the verification or investigation mechanism when the victim disagrees with the commune-level report, has a dispute over the cause, responsibility, or signs of violations; and unifying the obligation to report "immediately" in the draft Law with the deadline "within 24 hours" in the draft Decree, in the direction of immediate initial notification and completion of information within a specific timeframe.

Improve the reporting mechanism to suit the nature of workplace accidents.

The draft Law amending and supplementing a number of articles of the Law on Occupational Safety and Health consists of 3 articles: Article 1 amends and supplements a number of articles of the current Law; Article 2 stipulates the implementation; and Article 3 stipulates transitional provisions. The amendments and supplements relate to 35 out of 93 articles of the current Law.

In terms of fundamental content, the draft Law focuses on the following groups of issues: updating the organizational structure and defining authority; amending regulations on trade unions, inspection, examination, reporting, and investigation of occupational accidents; identifying the Ministry of Interior as the focal agency to assist the Government in unifying state management of occupational safety and health; implementing the policy of reducing investment and business conditions for training services, reducing procedures for issuing Certificates of Eligibility for Training Activities, and simplifying procedures for declaring machinery, equipment, materials, and substances requiring strict occupational safety and health standards.

The Committee on Culture and Society endorsed the necessity and scope of the amendments and additions to the draft Law. Regarding the content, the Committee proposed further consideration, review, reduction, and simplification of administrative procedures in the current Law; further research into the application of science, technology, innovation, and digital transformation in more specific ways; and promoting digital transformation in the handling of administrative procedures in accordance with the spirit of Resolution No. 57-NQ/TW of the Politburo.

Regarding the reporting and investigation of occupational accidents and technical incidents causing serious occupational safety and health hazards, the Committee proposes studying the mechanism for detecting, reporting, receiving, and processing information in relevant laws to improve the reporting mechanism to suit the nature of occupational accidents and technical incidents, in a flexible, simple manner, consistent with the two-tiered local government model and the functions, duties, and authority of the commune-level police after organizational restructuring.

Articles 34 and 35 of the current Law are proposed to be revised to only stipulate the principles, authority, and responsibility for investigating occupational accidents and technical incidents; entrusting the Government with the responsibility to regulate the detailed procedures and methods for reporting, receiving, processing information, and organizing investigations, ensuring flexibility, timeliness, feasibility, and suitability to practical realities.

In his concluding remarks, the Chairman of the Committee on Culture and Social Affairs, Nguyen Dac Vinh, requested the drafting agency to seriously and fully incorporate the opinions of the National Assembly Standing Committee, the preliminary review opinions of the Standing Committee on Culture and Social Affairs, and the opinions of the delegates at the session, to conduct a thorough legislative review, and to finalize the draft Law to ensure its quality before submission to the National Assembly.