(The 8th ordinary meeting of the People's Government of Glin, 4 June 2009, considered the adoption of the Decree No. 206 of 20 July 2009 of the People's Government Order No. 206 of 20 July 2009, as of 1 August 2009)

Chapter I General

In order to regulate the handling of agricultural mechanical accidents and to protect the legitimate rights and interests of the agricultural machinery accident party, in accordance with the relevant laws, regulations and regulations of the Department of State for the production of safety accidents and the investigation of processing of agricultural machinery in the province of Glin.

Article II refers to accidents in agricultural machinery, as described in this approach, to accidents in which agricultural machinery is operating, transferred or stopped, resulting in loss of personal life or property resulting from fault or accident.

Article 3 deals with the application of this approach, in addition to the traffic accidents of agricultural machinery.

Article 4 More than zones of agricultural machinery safety are responsible for agricultural mechanical accident surveys, liability determinations and damages mediation.

A agricultural mechanical accident involving the death of the person was handled by a special survey team of the people at the district level or by the authorities involved.

Other sectors related to the handling of agricultural machinery accidents should be treated in the light of the division of labour.

Chapter II

Article 5 takes place in agricultural machinery, and the driver (oper) should immediately stop the machine and protect the ground. As a result of physical injury and injury, the driver (Operation) and on-site personnel should immediately take the rescue of the wounded and report promptly on local agricultural machinery safety institutions; agricultural machinery participate in insurance and should report on insurance companies. Removal of injured persons requires change on the ground should be marked and the key signs should be kept.

In the absence of physical injury and injury, the facts and the reasons for the indisputable nature of the party could be withdrawn at the time of the departure of the site and dealt with damages in their own consultations.

Article 6. The Agricultural Machinery Safety Agency is responsible for receiving agricultural mechanical accident reports.

The Agricultural Machinery Agency received accident reports and should produce a record of the incident and send an agricultural mechanical accident to the site to investigate the accident scene. For agricultural machinery accidents, a 24-hour case should take place at the time of surveying the site; the reasons should be given to the parties for non-agricultural mechanical accidents.

Article 7. The Government of the people should report immediately on the people's Government's needs to be addressed.

Prior to the intervention of the People's Government's Special Investigation Group, the work of the Agricultural Machinery and the protection of the ground cannot be interrupted.

Article 8. The Agricultural Machinery for Machinery should provide for the timely, accurate and complete preparation of agricultural mechanical accidents and monthly agricultural mechanical accidents.

Chapter III

Article 9. When dealing with agricultural machinery accidents, more than two agricultural machinery dealers should be present and a certificate of agricultural machinery dealers.

Agricultural machinery dealers should be subject to professional training, examinations and eligibility for agricultural mechanical accident dealers, with accidents.

Article 10. Agricultural mechanical accident dealers should be avoided in the interest of the accident party.

The following work should be carried out immediately following the arrival of agricultural machinery dealers:

(i) Organizing the rescue of injured persons;

(ii) An incident in agricultural machinery where a person has died should be communicated immediately to the public security authorities;

(iii) Identify, enquire the parties;

(iv) To protect, investigate accident sites, identify witnesses and collect relevant evidence;

(v) Incidents on agricultural machinery carrying hazardous goods such as fuel, prone explosions, cigarettes, prone to corruption should be reported immediately on the disposal of local people's governments and relevant sectors and to assist in the proper work;

(vi) The damage caused by accidents to facilities such as electricity, communications, roads, etc., should be communicated immediately to the relevant sectors.

Article 12 Examination of agricultural mechanical accidents on the ground should take photographs or photographs, maps, extracts of traces and exhibits and produce an on-site survey.

The accident scene map shall be signed by the agricultural machinery dealers, parties or witnesses participating in the survey. The parties refuse to sign or fail to sign, and the absence of a witness shall be recorded.

The parties should not conceal if the incident occurred.

Article 13 enquires about parties and witnesses should follow the following provisions:

(i) More than two agricultural machinery dealers should be present.

(ii) Inquired the parties, witnesses should be carried out separately and to inform witnesses, the rights of the parties, the obligations and the legal responsibilities that should be owed to the evidence.

(iii) Inquiring witnesses, the identity of witnesses and the relationship with the parties to the accident should be understood.

(iv) Inquired that the parties, witnesses should produce a query, which was signed by the petitioners after they were relapse. If the parties, witnesses are to be corrected or supplemented, follow-up should be closed. The former tape shall be signed by the parties, the witness or the chapter. When a person or witness aged under the age of 16 is surveyed, his or her guardian shall be present and a copy is signed by the guardian.

(v) Confirmed material for agricultural mechanical accidents, which were written by the parties themselves and for the witness's self-statement, that agricultural machinery dealers should indicate the date of receipt and sign.

Article 14. In the course of investigating agricultural mechanical accidents, the alleged offence should be transferred to public security authorities in a timely manner.

Article 15. As evidence-gathering or the need to test, validate, agricultural machinery safety institutions may defecate agricultural machinery for accidents and test, and immediately return all persons upon completion.

Article 16 Agricultural machinery dealers have found that the parties have the mental medicine of alcohol or uniform State control, the suspicions of narcotic drugs should be checked individually or jointly with the relevant authorities and communicated the results in writing to the parties; and that the relevant evidence should be collected on the basis of the absence of a test.

In the course of agricultural mechanical accident investigations, the Special Investigation Group of the People's Government, the Agricultural Machinery Security Agency (hereinafter referred to as the agricultural machinery accident treatment body) considered the need or the party's application for the physical, mental condition of the parties, the human damage situation, the pace of agricultural machinery, traces, operating on-site conditions, the identification, assessment of the goods and the loss of property, and the agricultural machinery should present to the parties a qualitative test, identification, assessment and evaluation body. The parties may choose themselves in institutions with corresponding qualifications.

The parties have chosen not to reach agreement on the testing, identification and evaluation body, which is appointed by agricultural mechanical accident-processing bodies outside the agencies chosen by the parties.

The test, identification, assessment of the beginning of the application shall be completed within 20 days.

Article 18 parties contest the testing, identification and assessment findings, which can be re-tested, validated, assessed and evaluated within 5 days of the date of the conclusions received, with the approval of the agricultural mechanical accident processing body.

Article 19 Agricultural machinery handling bodies should review the following elements of testing, identification and assessment:

(i) The authenticity of the material commissioned to test, validate and assess;

(ii) Whether testing, identification, assessment personnel and their institutions are qualified.

According to the review, agricultural machinery handling agencies may communicate, validate, assess conclusions and provide the parties with justification for the testing, identification, assessment, and may require the parties to re-establish, validate, assess and assess the reasons.

Article 20 takes place in agricultural machinery and needs to be seized with the wounded, and medical institutions should immediately stifle treatment, and the cost of rescue is paid by the perpetrators and all agricultural machinery.

The agricultural machinery involved in the insurance incurred accidents and the cost of saving treatment was paid by the insurance company.

Article 21, the parties who had fled the agricultural machinery after the accident, and the casualty and others should report to the agricultural machinery safety institutions.

Chapter IV

The agricultural machinery, after identifying the causes of the accident, should determine the responsibility of the parties on the basis of the role of the parties in the accident and the degree of error and causality.

The responsibility for agricultural machinery accidents is divided into all responsibilities, primary responsibility, equal responsibilities, secondary responsibility and responsibility.

(i) As a result of the fault of one party, all responsibilities have been assumed for agricultural mechanical accidents; the parties have fled for all, causing on-site changes, the loss of evidence and the inability to detect the facts of the accident; and the parties are deliberately responsible for destroying, storing the ground and destroying evidence.

(ii) The primary responsibility, equal responsibility or secondary responsibility are assumed, in accordance with the role of the accident and the degree of error, on the basis of the fault of two or more parties.

(iii) The failure of all parties to lead to a misperception of agricultural machinery accidents, which is an accidental accident, has no responsibility.

(iv) The parties have conditional reporting cases, which have not been reported or have not been reported in a timely manner, rendering agricultural mechanical accident responsibilities undetermined and have equal responsibility.

(v) The parties of one party deliberately caused accidents in agricultural machinery, with no responsibility.

Article 24: The agricultural machinery handling body shall review the evidence before the accident liability is determined:

(i) Whether the evidence is the original, raw, the reproduction, reproduction and the original, and whether the original.

(ii) The form of evidence and the admissibility process is in compliance with the law.

(iii) The content of the evidence is relevant to the present case. Evidence to deal with agricultural mechanical accidents must be validated as a basis for finding the facts.

Article 25 Agricultural machinery handling agencies should produce a certificate of agricultural machinery accident identification within 10 days of accident survey, investigation and investigation. As to the need for testing, identification, assessment, agricultural mechanical accident determinations were produced within five days from the date of the testing, identification and assessment of conclusions and sent to the affected party.

In the case of the failure to identify the perpetrators and the agricultural machinery, which undermines the right of the compensation party to require the issuance of the agricultural machinery accident certificate, the agricultural machinery handling body shall produce, within 10 days of the written request for damages to the party, a certificate of the agricultural machinery accident and send it to the detriment of the party.

In the case of accidents that cannot be identified, agricultural machinery handling agencies should contain facts or information related to accidents.

Following the production of agricultural mechanical accident identifications by agricultural machinery-processing agencies, the parties should be informed in a timely manner about the grounds and the basis of the finding, declare the results of the accident, send the agricultural machinery accident to the parties and inform the parties of the right to apply for mediation and to initiate civil action directly to the People's Court.

The parties that had not reached the notice were recorded in the case.

The secondary agricultural machinery safety institution should oversee, inspect and guide the identification of agricultural mechanical accidents at lower-level agricultural machinery.

Chapter V Compensation for mediation

Article 28, the agricultural machinery handling body shall communicate the compensation in accordance with the principles of equity, reasonableness and the voluntaryity of the parties, upon the identification of facts, determination of responsibility, determination of the loss of the accident.

Twenty-ninth agricultural machinery involved in insurance accidents, resulting in economic losses not exceeding the scope of the insurance liability limit, and the parties may direct claims to the insurance company or consult themselves on damages.

Article 33 Damages by agricultural machinery and an obligation person to seek compensation for damage to the agricultural machinery handling agency may be submitted in writing to the agricultural mechanical accident processing body within 10 days of the receipt of the agricultural mechanical accident finding, and the agricultural machinery should be mediated.

The agricultural machinery handling body started mediation within 10 days of the date of receipt of conciliation requests, with the number of mediation being limited to two times. Mediation started from the end of the treatment or the date of the determination of the loss of property caused by the accident, and from the date of determining the loss. Mediation may be conducted without prejudice to the agreement of the right to reparation and the person in question.

Article 31 does not apply to mediation:

(i) The fact that agricultural machinery accidents cannot be identified;

(ii) The parties contest the test, identification and assessment in the application;

(iii) The parties' determination of the responsibility to accidents;

(iv) The parties disagree with mediation.

Article 32 Mediators of agricultural machinery include the rights of the owner, the obligation and its agents and the agricultural machinery handling body who believe necessary.

The author should have a letter of authorization entrusted by the author's signature or chapter. Authorizations should contain matters and competences.

At the time of mediation, the right to damages and the parties to the obligation generally do not exceed three.

Article 33 Mediation of damage to agricultural machinery by means of the following procedures:

(i) Introduce the basic situation of accidents.

(ii) Late the agricultural machinery accident determination.

(iii) Analysis of the role of the conduct of the parties in the accident and the gravity of the error.

(iv) Determine the liability of the parties for damages, in accordance with the responsibility of the parties determined in the agricultural machinery accident.

(v) To calculate the total amount of damages and property losses for personal damage and to determine the amount shared by the parties. As a result of habeas corpus, compensation projects and standards established by States and provinces are calculated. Reimbursement costs, discount costs are calculated in accordance with the actual value or the assessment findings of the institution.

(vi) The manner of reparation.

Article 34 quantification of damage to agricultural machinery is assumed by the following proportion:

(i) 100% of all responsibilities;

(ii) The primary responsibility for 60% to 90 per cent;

(iii) Competently with 50 per cent;

(iv) Severe responsibility and 10% to 40 per cent.

Article XV Damage from agricultural machinery shall contain the following:

(i) Incidence and loss of accidents;

(ii) Liability for damages by the parties;

(iii) Projects and amounts for damages;

(iv) The views agreed on by the parties on a voluntary basis;

(v) Modalities and duration of compensation;

(vi) To refrain from implementing remedies for damages as defined in the letter of mediation;

(vii) The end date of mediation and the seal of the mediation body.

As agreed by mediation, agricultural machinery handling agencies should produce a letter of mediation for damage to agricultural machinery and accident damage to the parties; and a letter of mediation for damage to agricultural machinery shall enter into force upon signature by the parties.

After the entry into force of the agricultural machinery for damages mediation, the obligation to compensation is not fulfilled and the parties may be treated through judicial proceedings.

Article XVI does not reach an agreement on mediation, agricultural machinery handling agencies should produce a letter of mediation for damage to agricultural machinery, setting out the reasons for the failure to reach an agreement and transmit them to the parties.

During the damage to the mediation of agricultural mechanical accidents, the parties had brought proceedings before the People's Court or had no reason to participate in mediation or had clearly indicated that mediation was abandoned, and the agricultural machinery should end conciliation.

Article 338 Handicapped persons in agricultural machinery accidents should be treated with near-saving treatment, requiring inpatient, transit and care, and should have hospital-related evidence. Self-patched hospitalizations, referrals, use of care workers, self-approperation of medicines or hospital notification are paid for their own costs.

Chapter VI Legal responsibility

Article 39 imposes penalties under the law for agricultural mechanical accident units that violate the provisions of the relevant laws, regulations and methods or persons with leadership and direct responsibility.

Article 40 provides units and individuals that are unjustifiable to deal with agricultural mechanical accidents, search for spoilers, disrupt the normal work order or impede the normal handling of agricultural mechanical accidents, and agricultural machinery should be transferred to public security authorities.

Article 40: The agricultural machinery or a person has one of the following acts and is subject to administrative disposition by law; constitutes an offence and is criminally liable by law:

(i) No immediate organization for the rescue of persons injured in accidents;

(ii) Separate departure during the accident investigation;

(iii) In case of a accident survey, to justify others;

(iv) The illegal possession of property by other persons, or the receipt of bribes, using the place of office;

(v) Retardation, omission, false or concealment of agricultural mechanical accidents.

Chapter VII

Article 42, after the closure of agricultural mechanical accidents, its archives are managed in the archives of the instrument.

Article 43 deals with external agricultural machinery accidents, and the State does not specifically provide for treatment under this approach and the outside sector should be assisted by its agents.

Article 44

(i) The approach refers to machinery, equipment for activities related to agro-related activities such as agricultural production and the processing of its products.

(ii) The date specified in this approach refers to the working day.

(iii) The reference to this approach includes the figure, which is not included in the following.

Article 42