Workplace safety and legal compliance go hand in hand for employers in Vietnam. Among the most sensitive obligations after an occupational accident is how businesses handle and retain documentation relating to the incident. Whether the accident results in minor injuries, serious harm, or a fatality, employers are legally required to prepare and store the relevant records for prescribed periods to support future legal, administrative, and insurance processes.
For foreign-invested enterprises and local companies alike, understanding Vietnam’s legal requirements for accident record retention is essential—not only to comply with the law, but also to protect the company from potential disputes or penalties.
When a workplace accident occurs, it is not enough to address only the immediate safety or medical needs of the injured employee. Laws in Vietnam, including those implementing the Law on Occupational Safety and Health, require employers to complete and preserve detailed documentation about the incident. This serves several purposes:
Supporting injury or survivor benefit claims;
Providing evidence in the event of labor inspections or legal proceedings;
Enabling analysis of root causes to prevent similar accidents;
Protecting the business and demonstrating compliance with legal obligations.
The duty to maintain records reflects broader legal principles in Vietnam aiming to ensure workplace safety, transparent investigations, and accountability after accidents.
Under the regulations implementing Vietnam’s occupational safety regime, the employer (or establishment where the accident occurred) must compile a comprehensive accident file. This generally includes, but is not limited to, records such as:
Investigation reports and minutes from inquiries into the incident;
Scene documentation (e.g., photos, sketches, diagrams);
Statements from involved parties and witnesses;
Medical records or injury certificates;
Reports from technical or forensic assessments;
Official minutes from meetings reviewing the accident findings.
Although specific required documents may vary depending on the circumstances, the focus is always on ensuring the employer assembles a complete set of reliable evidence that supports the factual sequence of events and the company’s response.
One of the most critical aspects of accident record keeping is the length of time the documents must be retained.
Vietnamese regulations establish two main categories for storage duration:
1. Fatal Workplace Accidents:
If a workplace accident leads to the death of an employee, the employer must retain all relevant accident records for a minimum of 15 years. This extended time frame reflects the gravity and potential long-term implications of fatal incidents, which may involve legal claims, insurance procedures, and long-term benefits for dependents.
2. Non-Fatal Workplace Accidents:
In cases where the accident does not result in death, the required retention period continues until the injured employee reaches retirement age. This provision ensures that the employer can respond to future inquiries or claims related to the incident well through the affected employee’s career lifecycle.
These retention timelines are drawn from Clause 8, Article 18 of Decree 39/2016/NĐ-CP, which outlines employer responsibilities after workplace accidents.
Employers must complete the accident file promptly following the incident. Steps typically include:
Immediate Response: Ensuring medical care and safety measures are implemented after the accident.
Reporting to Authorities: Filing required notifications with local labor safety authorities and, for fatalities, with law enforcement if necessary.
Conducting an Investigation: Leading an internal investigation, often in coordination with official investigators, to determine causes and responsibilities.
Completing Documentation: Assembling all reports, statements, technical assessments, and related records into a comprehensive accident file.
Storing Records Securely: Retaining all documentation in organized, secure formats (digital and/or physical) for the legally required retention period.
Good internal protocols help ensure that files are not inadvertently lost or mishandled, which can be costly if documents are later requested by authorities or in legal contexts.
Many employers view accident documentation primarily as a legal obligation. In fact, diligent record keeping provides several strategic advantages:
Defensibility in Disputes: Well-maintained documentation strengthens a company’s position in labor disputes or liability claims.
Insurance Compliance: Comprehensive records simplify interactions with social insurance agencies and support benefit determinations.
Safety Improvement: Analyzing detailed accident data helps employers identify systemic safety issues and improve their occupational safety systems.
Regulatory Readiness: Prepared records reduce risks of fines or orders during labor inspections.
Given the potential complexity of accident claims and investigations, robust documentation helps maintain operational continuity and minimizes legal exposure.
Even well-intentioned businesses may make mistakes that undermine compliance, such as:
Failing to capture all relevant incident details;
Discarding records prematurely;
Relying on incomplete or unsigned reports;
Lacking clear internal processes for organizing and securing records.
These gaps often surface years after the accident, long after the initial response, underscoring why clear policies and legal oversight are essential.
Many employers, especially foreign-invested enterprises, find it challenging to navigate the detailed compliance requirements surrounding workplace safety and record keeping. This is where ongoing legal consultancy services are especially valuable.
A legal partner like DEDICA can help your business:
Understand applicable regulations and retention timelines;
Develop internal procedures for responding to workplace accidents;
Ensure documentation is complete, accurate, and admissible;
Maintain legally compliant record repositories;
Prepare for inspections or inquiries from authorities.
Proactive legal support helps businesses stay ahead of compliance risks instead of reacting only after problems arise.
Proper handling and retention of workplace accident records are far more than administrative tasks—they are legal obligations with long-term implications. Under Vietnamese law, the liability to compile and preserve these records for defined periods (up to 15 years for fatal cases) is clear and enforceable.
For employers in Vietnam, particularly foreign-invested companies, ensuring legal compliance in accident documentation protects both employees and the business itself.
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