Workplace safety is a core pillar of a fair and sustainable labor environment. In Vietnam, ensuring occupational safety and hygiene is not only a moral responsibility, but also a firm legal requirement for all employers and employees. With evolving labor regulations, businesses—especially foreign-invested companies—must understand what constitutes a workplace accident, what legal obligations follow, and what protections employees are entitled to under current law.
In this article, DEDICA Legal clarifies the legal framework surrounding workplace accidents (tại nạn lao động) in Vietnam, summarizing key definitions, responsibilities, and employee rights to help companies stay compliant and avoid costly disputes.
Under Vietnamese occupational safety and health legislation, a workplace accident refers to an unplanned event that leads to physical harm, injury to body functions, or even death of an employee during the course of performing work duties. This legal definition encompasses a broad range of situations that can occur both inside and outside the official workplace—so long as the incident is closely linked to the execution of work-related tasks.
This definition highlights that workplace accidents are not limited to traditional factory or construction site scenarios; any injury arising from job duties—whether on-site, at client locations, or in transit for work purposes—can potentially meet the legal criteria for a workplace accident if it occurs in connection with work.
Distinguishing a workplace accident correctly is essential, as it determines a worker’s eligibility for compensation, insurance benefits, and protective legal rights.
Vietnamese law places significant emphasis on employer responsibility for preventing occupational incidents and maintaining safe working conditions. Specifically, employers are required to:
Employers must establish internal procedures, guidelines, and safety protocols that are tailored to the specific risks associated with their operations. This includes not only drafting safety policies, but also ensuring their effective implementation throughout the organization.
Companies are legally obliged to conduct regular safety training for employees, especially for jobs involving potentially hazardous conditions. Employers must also provide appropriate protective gear, tools, and machinery that meet safety standards.
Regular health check-ups, especially for roles exposed to harmful conditions, are required. Employers must track occupational health trends, identify potential harmful exposures, and take preventive action to protect employee well-being.
In the event of a suspected workplace accident, employers are obligated to:
Promptly report the incident to authorities;
Participate in any required investigations;
Record and analyze accident data for continuous improvement of safety processes.
Under no circumstances may an employer require an employee to continue working if there is a clear and imminent danger to their safety or health.
Employees in Vietnam also enjoy a range of rights that protect their safety and ensure fair treatment in the workplace:
Every employee has the right to perform their duties in an environment free from unreasonable risk of injury, illness, or hazardous exposure. Employers must ensure that conditions comply with legal safety and hygiene standards.
Workers have the right to receive complete information about potential workplace hazards and the preventive measures in place. Employers are required to provide thorough training and education on safety procedures.
If an employee suffers a workplace accident, they are generally entitled to benefits under accident and occupational disease insurance—including medical care and financial compensation, according to government guidelines.
Employees may refuse to perform work that poses an immediate threat to health or life, without suffering disciplinary action—as long as they inform their supervisor and cooperate in corrective steps.
Employees retain the right to raise complaints, pursue legal remedies, and seek enforcement through relevant authorities if their safety rights are infringed.
For foreign-invested enterprises operating in Vietnam, compliance with occupational safety and health law is both a legal obligation and a strategic necessity. Failure to properly classify workplace accidents, adhere to reporting requirements, or ensure adequate protective systems can expose companies to:
regulatory sanctions,
compensation liabilities,
reputational harm,
and disruption of operations.
An effective safety management framework not only protects employees but also strengthens business resilience and trust within the workforce.
Workplace safety laws evolve over time and may vary in interpretation across sectors. Without specialized guidance, foreign investors may risk misapplication of regulations or inadequate response to incidents.
DEDICA’s legal team offers expert support for employers in Vietnam, including:
Assessment of occupational safety compliance;
Drafting and review of safety policies;
Guidance on statutory reporting and documentation;
Training and workplace risk evaluations;
Representation in labor inspections and accident investigations.
Having professional legal counsel ensures that your business not only meets regulatory requirements, but also proactively cultivates a safe working environment that aligns with international best practices.
Understanding what constitutes a workplace accident and the corresponding legal rights and obligations is fundamental for responsible business operations in Vietnam. Both employers and employees play essential roles in fostering a safe and hygienic workplace.
If you are a foreign-owned enterprise in Vietnam seeking clarity and compliance support on occupational safety law, DEDICA is well-positioned to assist with practical legal solutions tailored to your business needs.
👉 Contact DEDICA today to ensure your company’s occupational safety compliance and protect your workforce legally and effectively.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
Select a platform to view details
