Vietnam: Who will be responsible for failing to ensure safety during construction due to improper execution of the regulations on installing construction warning signs?
- Who will be responsible for failing to ensure safety during construction in Vietnam?
- What are the administrative penalties for failing to install construction warning signs in Vietnam?
- Shall project owners and construction contractors in Vietnam be examined for criminal liability when occurring incidents due to violations against the regulations on installing construction warning signs?
Who will be responsible for failing to ensure safety during construction in Vietnam?
Pursuant to Clause 4, Article 4 of the 2014 Law on Construction (supplemented by Points a, b and c, Clause 2, Article 1 of the Law on Amendments to Construction Law 2020) on the basic principles in construction investment activities, in which:
Basic principles of construction investment activities
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4. Ensuring the quality, schedule and safety of works, human lives and health and property; fire and explosion prevention and fighting; and environmental protection.
Pursuant to Article 115 of the 2014 Law on Construction (amended by Clause 43, Article 1 of the Law on Amendments to Construction Law 2020) as follows:
Article 115. Safety in construction
1. Construction contractors shall ensure safety for people, construction works, assets, equipment and vehicles in the course of construction, fire and explosion prevention and fighting, and environmental protection.
2. Project owners shall organize the supervision of construction contractors’ compliance with safety regulations; suspend or terminate construction when detecting signs of violation of safety regulations, incidents causing unsafety to works; cooperate with contractors in handling any incidents or occupational accidents; promptly notify fatal incident or occupational accidents to competent state agencies.
3. Construction contractors shall determine danger zones in construction; organize development and submission of measures to ensure safety for people, construction works, assets, equipment and vehicles in danger zones in construction to project owners; review measures to ensure safety in a periodical or ad hoc manner and adjust them to suit construction reality at construction sites.
4. If any danger zones in construction cause significant effects on the community safety, project owners shall report approved measures to ensure safety to specialized construction agencies for inspection in the course of construction.
5. Construction machinery, equipment and supplies subject to strict occupational safety requirements shall be inspected before they are used.
6. The Government shall elaborate this Article.
According to the above provisions, construction contractors shall ensure safety for people, construction works, assets, equipment and vehicles in the course of construction, fire and explosion prevention and fighting, and environmental protection.
Regarding the responsibilities of project owners, project owners shall organize the supervision of construction contractors’ compliance with safety regulations, and inspect and supervise the safety assurance in construction on the construction site.
Thus, the entities responsible for the construction and management of construction sites may be responsible for the consequences during the construction of projects.
What are the administrative penalties for failing to install construction warning signs in Vietnam?
Pursuant to the provisions of Clause 2, Article 17 of Decree 16/2022/ND-CP on penalties for failing to install construction warning signs in Vietnam as follows:
Violation of regulations on construction execution
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2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to install adequate construction warning signs at the construction sites as per the law.
3. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed on:
a) Failing to organize supervision of construction work as per the law if construction is in progress;
b) Failing to produce construction completion dossiers.
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8. Remedial measures:
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c) Mandated installation of adequate warning signs at the construction sites for violations under Clause 2 of this Article;
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Thus, entities failing to install construction warning signs in Vietnam at the construction sites or signs with incomplete contents as prescribed may face a fine of from VND 10 million to VND 20 million.
In addition, they must install adequate warning signs at the construction sites.
Note, the fine applies to individuals. For organizations, the fine shall be doubled.
Shall project owners and construction contractors in Vietnam be examined for criminal liability when occurring incidents due to violations against the regulations on installing construction warning signs?
- When occurring incidents due to violations against the regulations on installing construction warning signs with serious consequences, the responsible entities may be examined for criminal liability for violations against the regulations on construction that cause serious consequences under the provisions of Article 298 of the Criminal Code 2015 (amended by Clause 100 Article 1 of the 2017 Law on amendments to Criminal Code) as follows:
Article 298. Offences against regulations of law on construction that lead to serious consequences
1. Any person who violates regulations of law on construction in terms of survey, design, construction, use of materials, machinery, construction supervision, acceptance, or other issues in any of the following circumstances, except in the circumstances specified in Article 224 or 281 hereof, shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, depending on the seriousness of the incident and the constituting circumstances, the responsible entities may be examined for criminal liability under the above penalty frames.
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