Vietnamese Communist Party members will be dismissed if the construction management does not meet the quality standards, causing damage, collapse, fire, accident, or waste?
- Vietnamese Communist Party members will be dismissed if the construction management and construction do not meet the quality standards, causing collapse, collapse, fire, accident, or waste?
- What are the regulations on inspection contents for construction works according to Vietnamese regulations?
- Which agency has the authority to preside over how to organize the assessment of construction works in Vietnam?
Vietnamese Communist Party members will be dismissed if the construction management and construction do not meet the quality standards, causing collapse, collapse, fire, accident, or waste?
According to Clause 2, Article 40 of Regulation 69-QD/TW in 2022, regulations on violations of investment and construction regulations are:
"Article 40. Violations against regulations on investment and construction
1. Vietnamese Communist Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Improper or incomplete implementation of regulations on construction investment management and construction order management.
b) Construction of works and houses in areas where construction is prohibited; construction of works, houses in contravention of planning, violation of landmarks, boundaries and construction cores; building without or improperly building permits; construction of works or houses that do not comply with construction regulations and standards, and do not conform to land use purposes.
c) Violating regulations on safety of people, property and environment in investment and construction.
d) Advising and deciding on investment policies that are inconsistent with master plans and plans; the source of capital and the ability to balance capital cannot be determined; improper competence, order and procedures as prescribed by law.
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a senior officer):
a) Causing difficulties, troubles or obstacles to investment activities; sign for approval of investment or construction projects in contravention of regulations; leasing land, granting investment licenses illegally.
b) Abuse of positions and powers to violate the law on construction; tolerating and covering up violations of the construction law.
c) Violating regulations in project appraisal, approval, bidding and appointment of the contractor; in the management, allocation and payment of capital; for investment policies and decisions, leading to inefficient investment projects.
d) Management and construction of works that fail to meet quality standards, causing collapse, collapse, fire, accident or waste.
dd) Taking advantage of petitions in bidding to obstruct bidding and contract signing, obstruct other contractors from participating in bidding.
e) Making decisions on investment policies contrary to planning, plans, competence, order and procedures as prescribed.
3. In case of violation of Clauses 1 and 2 of this Article, causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Collusion and collusion between the bid solicitor and the contractor, between the state management agency and the bid solicitor and with the contractor to change the bid dossier, collude with the appraisal agency, consulting agency; supervision and inspection, causing damage to the interests of the Vietnamese Communist Party, the State and the collective.
b) Agree to divide the project into illegal bidding packages; disclose documents and information about bidding; to arrange bid collusion causing damage to the State and enterprises.
c) Using personal influence to influence, interfere, or report falsely or untruthfully about information to falsify the results of contractor selection, contract signing and performance, causing damage to the Vietnamese Communist Party, State, and enterprises."
Vietnamese Communist Party members will be dismissed if the construction management does not meet the quality standards, causing damage, collapse, fire, accident, or waste?
What are the regulations on inspection contents for construction works according to Vietnamese regulations?
According to Clause 1, Article 6 of Decree 06/2021/ND-CP guiding the quality management, construction and maintenance of construction works:
- Contents of a construction inspection:
+ Inspection of the quality of the construction survey, the construction design, building materials, components and products, parts and the entire construction project;
+ Inspection of the causes of the damage, incident, breakdown or failure at the construction project according to the provisions of Chapter IV of this Decree;
+ Other contents of construction inspection.
Which agency has the authority to preside over how to organize the assessment of construction works in Vietnam?
According to Clause 2, Article 6 of Decree 06/2021/ND-CP guiding the quality management, construction, and maintenance of construction works:
- Authorities having competence in heading a construction inspection:
+ Provincial People's Committees conduct the inspection of construction projects located within their localities, except in the cases specified at Points b and c of this Clause;
+ The Ministry of National Defense and the Ministry of Public Security conduct the inspection of national defense and security projects;
+ Ministries in charge of specialized construction works conduct the inspection of construction works when assigned by the Prime Minister to do so;
+ Authority to head the inspection of the causes of an incident, breakdown or failure shall be subject to Clause 1 Article 46 hereof.
Thus, according to the above regulations, Vietnamese Communist Party members who manage and build works that do not meet quality standards, causing collapse, collapse, fire, accident or waste will be warned or dismissed.
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