What are the penalties for contractors, organizations, and individuals involved in construction activities in Vietnam for allowing employees to disregard safety measures?
What are the penalties for contractors, organizations, and individuals involved in construction activities in Vietnam for allowing employees to disregard safety measures?
Based on Article 32 of Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 32. Violations of safety regulations during construction
1. A fine ranging from VND 10,000,000 to VND 20,000,000 for the act of not having a labor safety logbook or having an incomplete logbook as prescribed.
2. A fine ranging from VND 30,000,000 to VND 50,000,000 for one of the following acts:
a) Allowing workers to not comply with safety technical measures or violating regulations on the use of personal protective equipment during construction;
…
4. Remedial measures (for ongoing construction projects):
a) Mandatory establishment of a comprehensive labor safety plan, preparation of detailed safety measures for high-risk jobs for the acts specified at point b, clause 2 of this Article;
b) Mandatory use of construction equipment with valid documents, operation approval, certified as per regulations for the acts specified at point c, clause 2 of this Article;
c) Mandatory installation of warning signs to prevent accidents, assignment of guides at dangerous locations on the construction site for the acts specified at point d, clause 2 of this Article;
d) Mandatory arrangement of personnel to perform labor safety management, training, and guidance for workers for the acts specified at points dd, e, clause 2 of this Article;
đ) Mandatory formulation and submission of safety measures for approval to protect humans, construction works, property, equipment, and vehicles in danger zones during construction for the acts specified at point g, clause 2 of this Article;
e) Mandatory specific regulations on safety and environmental hygiene measures in construction for the acts specified at point h, clause 2 of this Article;
g) Mandatory proper implementation of demolition plans and solutions as per regulations for the acts specified at point a, clause 3 of this Article;
h) Mandatory purchase of insurance as per regulations for the acts specified at point b, clause 3 of this Article."
Thus, based on the violations of safety regulations during construction, the appropriate administrative penalties will be determined as stipulated above.
If an entity allows workers to fail to comply with safety technical measures during construction, it will be subject to an administrative fine ranging from VND 30,000,000 to VND 50,000,000.
In addition to administrative penalties, remedial measures for ongoing construction projects will be determined based on the specific violation as prescribed above.
The above administrative penalties apply to violating organizations. For individuals, the administrative fines will be half of those for organizations.
What are the penalties for contractors for allowing employees to disregard safety measures in construction activities in Vietnam?
What are the safety requirements during construction in Vietnam?
Based on Article 115 of the Law on Construction 2014 (amended by Clause 43, Article 1 of the Amended Law on Construction 2020), it is stipulated as follows:
"Article 115. Safety during construction
1. The contractor is responsible for ensuring the safety of people, construction works, property, equipment, and vehicles during the construction process, preventing fire, explosions, and protecting the environment.
2. The investor must supervise the contractor's compliance with safety regulations; temporarily suspend or stop construction upon detecting safety regulation violations or accidents causing safety threats to the works; cooperate with contractors to handle and rectify incidents or accidents; promptly notify competent state agencies upon fatal construction accidents.
3. The contractor is responsible for identifying danger zones in construction; organizing and submitting safety measures for approval to protect people, construction works, property, equipment, and vehicles in danger zones during construction; periodically or unexpectedly reviewing safety measures to adjust according to actual site conditions.
4. If the danger zones in construction significantly affect community safety, the investor must report the approved safety measures to the specialized construction agency for inspection during the construction process.
5. Machines, equipment, and materials with strict safety requirements must be inspected before use.
6. The Government of Vietnam details this Article."
Thus, during construction, contractors and investors must ensure safety requirements and responsibilities as stipulated above.
Is safety in construction a part of project management in construction investment in Vietnam?
Based on Article 66 of the Law on Construction 2014, it is stipulated as follows:
"Article 66. Contents of construction investment project management
1. Construction investment project management includes management of scope, work plan; work volume; construction quality; implementation schedule; construction investment costs; safety during construction; environmental protection in construction; contractor selection and construction contracts; risk management; construction information system management; and other necessary contents as per this Law and related legal regulations.
2. The investor is responsible for implementing or assigning the Project Management Board, project management consultants, general contractors (if any) to perform part or all of the project management tasks stipulated in clause 1 of this Article."
Thus, safety during construction is part of construction investment project management as stipulated above.
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