Is there a penalty for failing to inspect for technical occupational safety of equipment during construction in Vietnam?

Is there a penalty for failing to inspect for technical occupational safety of equipment during construction in Vietnam?

Pursuant to Article 34 of Decree 16/2022/ND-CP stipulating violation of regulation on management of machinery and equipment that requires strict occupational safety during construction as follows:

1. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on:

a) Failing to inspect for technical occupational safety of machinery and equipment that requires strict occupational safety as per the law;

b) Failing to use online software for managing inspection database in order to update data of machinery and equipment that requires strict occupational safety during construction and has been inspected.

2. Remedial measures:

a) Mandated inspection for technical occupational safety for equipment and machinery that requires strict occupational safety for violations under Point a Clause 1 of this Article if construction is in progress;

b) Mandated the use of online software for managing inspection database to update the database for violations under Point b Clause 1 of this Article.

Thus, in the case of construction equipment with strict requirements on labor safety, if not technically inspected for labor safety, a fine of from 60,000,000 VND to 80,000,000 VND will be imposed in Vietnam. In addition, technical inspection of labor safety is also required for equipment with strict requirements on occupational safety?.

Is there a penalty for failing to inspect for technical occupational safety of equipment during construction in Vietnam? (Image from the Internet)

What are penalties for violation of regulation on construction supervision in Vietnam?

Pursuant to Article 35 of Decree 16/2022/ND-CP regulating violation of regulation on construction supervision as follows:

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on:

a) Failing to conduct construction supervision;

b) Signing commissioning dossiers without certificate for construction supervision or without having appropriate sector, type of structures, class or period of practice according to the issued license;

c) Failing to produce report on construction supervision as per the law.

2. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on:

a) Fabricating supervision results;

b) Letting construction contractors to build without adhering to construction permit or approved design or use the incorrect type, forms of materials or build without adhering to approved construction solutions;

c) Letting construction contractors to not use non-baked materials as per the law;

d) Commissioning construction work in a manner not conforming to regulations and law;

dd) Failing to ensure that construction supervision contractors are separate from construction contractors, manufacturing, production, and supply contractors for construction materials, components, equipment for structures invested with public investment, non-public investment state capital, and PPP projects.

3. Remedial measures:

a) Mandated supervision of construction for violations under Point a Clause 1 of this Article if construction is in progress;

b) Mandated preparation of reports on construction supervision for violations under Point c Clause 1 of this Article if construction is in progress;

c) Mandated disposal and re-preparation of supervision results adhering to facts for violations under Point a Clause 2 of this Article if construction is in progress;

d) Mandated adherence by construction contracts to construction permit, approved design, or use of the correct construction material type or forms or adherence to approved construction solutions for violations under Point b Clause 2 of this Article if construction is in progress;

dd) Mandated the use of non-baked construction materials for the remaining sections of construction for violations under Point c Clause 2 of this Article if construction is in progress;

e) Mandated commissioning of construction work for violations under Point d Clause 2 of this Article;

g) Mandated replacement of construction supervision contractors independent of other contractors for violations under Point dd Clause 2 of this Article if construction package is being implemented.

In the above case, the construction contractor who does not inspect construction equipment with strict requirements on occupational safety will be fined from 60,000,000 VND to 80,000,000 VND and forced to undergo technical safety inspection of workers for equipment with strict requirements on occupational safety in Vietnam.

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