Investigation into accidents related to machines, equipment and materials in the execution of construction works in Vietnam

According to Circular No. 04/2017/TT-BXD of the Ministry of Construction of Vietnam, the following authorities shall have the competence to conduct investigation into accidents related to machines, equipment and materials:

- The Ministry of Construction and the professional construction management ministries shall direct, investigate the serious accidents and the accidents at the request of the provincial People's Committees or the Prime Minister;

- The provincial People's Committees shall investigate the accidents resulting in the deaths or serious injuries of at least two people occurring in their provinces;

- The accidents in other cases shall be investigated by the People’s Committees of the districts.

The competent authorities stated above shall establish an investigation team for discovering the cause of the accident. The investigation team includes a representative of the specialized construction authority, the relevant authorities and the experts in relevant technologies. The authority in charge of the investigation shall appoint a consulting organization for discovering the cause of the accident and offering remedies for it if necessary.

Concurrently, Circular No. 04/2017/TT-BXD stipulates that the content of the investigation into the cause of accidents related to machines, equipment and materials contains:

- Gathering the relevant documentation and specifications and performing the professional tasks for identifying the cause;

- Evaluating the safety levels of machines, equipment and materials, construction works and the neighboring ones (if any) after the accident occurrence;

- Devolving the responsibilities of the relevant organizations and individuals;

- Preparing the investigation dossier including: The investigation report and documents related to the cause of the accident.

The cost of organizing the investigation into the cause of the accident shall be advanced by the investor. After the results of identifying the cause of the accident are available and the responsibilities are devolved, the organizations and individuals causing the accident shall cover the cost mentioned above. If the accident occurs due to a force majeure event, the cost shall be covered according to the relevant construction contract.

View more details at Circular No. 04/2017/TT-BXD of the Ministry of Construction of Vietnam, effective from May 15, 2017.

-Thao Uyen-

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