Which competent agencies shall have power to suspend construction work when there are administrative violations in construction activities in Vietnam?

Which competent agencies shall have power to suspend construction work when there are administrative violations in construction activities in Vietnam?

Pursuant to Clause 3, Article 21 of Circular 174/2021/TT-BQP stipulating the handling of administrative violations in construction activities as follows:

3. Suspension of work construction, temporary cessation of use of machines and equipment: When detecting unsafe risks affecting works, neighboring works and the community, heads of agencies and units directly under the Ministry of National Defense, heads of specialized construction agencies as decentralized are entitled to suspend the construction of works within the scope of their management. After overcoming the existing problems, ensuring the safety requirements as prescribed, the investor shall report to the head of the agency or unit that stops the construction to check and decide to allow the construction to continue.

According to the above provisions, the right to suspend the construction of works within the scope of management divided according to decentralization belongs to the heads of agencies and units affiliated to the Ministry of National Defense and heads of specialized construction agencies.

Who shall made the decision to suspend the construction of works due to administrative violations in construction activities in Vietnam?

Pursuant to Clause 2, Article 45 of Decree 06/2021/ND-CP stipulating settlement of construction work incidents as follows:

2. Provincial-level People's Committees shall assume the prime responsibility for solving construction work incidents and perform the following tasks:

a) Consider and decide to stop, suspend the construction or exploitation for the work item, part or the whole of the work, depending on the nature, extent and extent of the impact of the incident;

b) Consider and decide on the demolition and cleanup of the incident scene on the basis of satisfying the following requirements: Ensuring safety for people, property, works and neighboring works. The incident scene must be photographed, filmed, recorded by relevant parties, collected evidences, recorded necessary documents for the inspection of the cause of the incident and made an incident file before demolition and collection. clear;

c) Notify the results of inspection of incident causes to the investor and other relevant entities; requirements for the investor, owner or related parties to perform to fix the problem;

d) Handle responsibilities of related parties in accordance with law;

dd) Based on the actual conditions of the locality, the People's Committee of the province may assign the People's Committee of the district to assume the prime responsibility for handling incidents of grade II and grade III construction works in the locality.

Therefore, when there is a construction problem, the People's Committee of the province may suspend the construction. Thus, you can see that the agency that temporarily suspends the construction of works when an incident occurs is different from the agency that has the authority to suspend the construction of works due to administrative violations in construction activities.

Who shall be responsible for the cost of organizing the inspection of the causes of construction work incidents in Vietnam?

Pursuant to Clause 4, Article 46 of Decree 06/2021/ND-CP stipulating inspection of construction work's accident causes as follows:

4. Expenses for inspection of construction work incident causes:

a) In case a construction work incident occurs during the construction process, the investor is responsible for paying the cost of organizing the inspection of the cause of the construction work incident. After having the results of inspection of the causes of construction work incidents and identification of responsibilities, the organization or individual causing the construction work incident must be responsible for paying the cost of organizing the inspection of incident causes. . In case the work incident occurs due to force majeure causes, the responsibility to pay expenses for the organization of the inspection of the incident cause shall comply with the provisions of the relevant construction contract;

b) In case a construction work incident occurs in the process of exploiting and using the work, the owner or manager or user of the work is responsible for paying the cost of organizing the inspection of the cause of the incident. construction. After having the results of inspection of the causes of construction work incidents and identification of responsibilities, the organization or individual causing the construction work incident must be responsible for paying the cost of organizing the inspection of incident causes. In case a work incident occurs due to a force majeure cause, the responsibility to pay the cost of organizing the inspection of the cause of the incident shall be borne by the owner or manager or user of the work.

Thus, depending on the construction incident occurring during the construction process or the exploitation and use of the work, the investor or the owner or the manager or user of the work is responsible for the following: responsible for paying the cost of organizing the inspection of the causes of construction work incidents.

Best regards!