A worker dies on the night shift at a machine shop. At 2 a.m. the factory director calls counsel with a single question: what do we do now so that an accident does not become a criminal case? The answer lies in the first 24 hours — every step the company takes is recorded by law, along three parallel tracks: administrative reporting, civil compensation, and criminal liability.
The legal framework in force
Three instruments govern the entire response. Law No. 84/2015/QH13 on Occupational Safety and Hygiene: Article 34 (accident reporting), Article 35 (investigation), Articles 38–39 (employer compensation and allowances). Decree No. 39/2016/ND-CP (still in force): Article 9 classifies accidents (fatal, serious, minor); Article 10 sets reporting time and content. The Penal Code 2015 (amended 2017), Article 295 — the crime of violating occupational safety regulations. Note on jurisdiction: since 1 July 2025, under Decree No. 129/2025/ND-CP on decentralization in the labor sector, accident reports are received by the commune-level police, replacing the former channel through the provincial Department of Labor inspectorate.
Four things to do immediately
First, rescue the victim and preserve the scene. Article 38 of the OSH Law obliges the employer to provide prompt first aid and advance emergency costs. The scene must be left intact for investigators — moving machinery or hasty cleanup can be read as obstructing the investigation.
Second, report by the fastest means. Under Article 10 of Decree 39/2016/ND-CP, once the employer learns of a fatal accident or one seriously injuring two or more workers, it must report immediately by the fastest means (in person, phone, fax, official dispatch, email). For fatalities, the police must be notified at once. Since 1 July 2025, the receiving point is the commune-level police where the accident occurred.
Third, cooperate with the investigation and the minutes. A provincial (or central, for grave cases) accident investigation team steps in under Article 35 of the OSH Law. The company must produce: labor contracts, safety training records, machine operation logs, and equipment inspection certificates.
Fourth, never conceal the accident or settle it off the record. Hiding a fatality does not make it disappear — it turns an accident that might have ended in civil compensation into an aggravating circumstance once investigators arrive, and grounds for considering criminal liability of the direct manager.
How much must the company pay?
Article 38 of the OSH Law distinguishes two cases. Where the accident was not entirely the worker’s fault (Clause 4): 5–10% loss of working capacity — at least 1.5 months’ salary; 11–80% — an additional 0.4 month’s salary per each 1% increase; 81% or more, or death — at least 30 months’ salary to the family. Where the accident was the worker’s own fault (Clause 5): the employer still owes an allowance of at least 40% of the corresponding compensation level. Article 39 adds special cases, e.g. accidents on a reasonable commuting route caused by a third party — the employer pays the Clause 5 allowance. Separately, the employer must cover medical costs from first aid until stable treatment and pay full salary during the worker’s treatment and rehabilitation leave.
When does a manager face criminal prosecution?
Article 295 of the Penal Code 2015 (amended 2017) punishes violations of occupational safety, hygiene, and crowd-safety regulations. Sentences track the consequences: one death — a fine of VND 20–100 million, non-custodial correction of up to 3 years, or 1–5 years’ imprisonment; two deaths — 3–7 years’ imprisonment; three or more deaths — 7–12 years’ imprisonment. The targets are persons responsible for workplace safety: directors, foremen, direct supervisors. Trial practice shows courts carefully distinguish workplaces that had written safety rules, training, and warnings from negligent ones — training files and equipment inspection records are the manager’s only shield if the case turns criminal.
Prevention checklist for leadership
Review four document groups before any accident: (1) written safety procedures for each hazardous position; (2) periodic safety training records bearing workers’ signatures; (3) valid inspection certificates for machinery subject to strict safety requirements; (4) an accident response plan with reporting contacts (commune police, provincial labor authority). Accidents give no warning, but post-accident legal exposure can be prepared for.
Frequently asked questions
The accident happened at midnight. Must we report that same night?
Yes. Article 10 of Decree 39/2016/ND-CP requires reporting “upon learning of” the accident by the fastest means — there is no waiting until office hours. A phone call to the commune police that night is both legally correct and later evidence of good faith.
We bought accident insurance for the workers. Do we still owe the 30 months’ salary?
Yes. The Article 38 OSH Law compensation duty sits with the employer and is independent of the workers’ compensation benefits paid by the social insurance agency. The two payments run in parallel and do not offset each other.
The worker violated safety procedures and died. Is the company off the hook?
Not entirely. Under Article 38(5), the company still owes an allowance of at least 40% of the corresponding level. Criminally, if the investigation concludes the company trained fully, equipment met standards, and fault lay solely with the worker, prosecution of managers under Article 295 becomes far less likely — but the final call belongs to the prosecuting authorities.
Can the director delegate reporting to HR?
Yes, but the delegation should be written into the internal response plan. The reporter must know the facts in full, because the report contents (per Appendix III of Decree 39/2016/ND-CP) become the first document investigators cross-check.
Facing a workplace accident?
Every hour after an accident narrows the company’s legal options. FLAT Law Firm — over 30 years advising FDI enterprises in Vietnam — provides urgent support from reporting and dealing with investigation teams to compensation negotiation and criminal defense. Talk to us before signing any minutes.
