Guidelines for ensuring safety in construction, production of construction materials, and construction components in Vietnam

Guidelines for ensuring safety in construction, production of construction materials, and construction components in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

On May 14, 2024, the Ministry of Construction issued Official Dispatch 2033/BXD-GD regarding ensuring safety in construction, production of construction materials, and construction components.

Guidelines for ensuring safety in construction, production of construction materials, and construction components in Vietnam

Construction work is one of the industries with a high risk of labor accidents due to the nature of construction activities, which often involve changing workspaces, heavy and hazardous working conditions, and various risks for workers.

In recent years, the Ministry of Construction has made efforts to improve the effectiveness of state management of occupational safety in construction work. Various legal documents have been researched, proposed, and issued to regulate this matter, including the Law amending Law on Construction, Decree 06/2021/ND-CP dated January 26, 2021, Decree 16/2022/ND-CP dated January 28, 2022, Circular 10/2021/TT-BXD dated August 25, 2021, and National Technical Standard QCVN 18:2021/BXD. These documents aim to align with international standards and gradually improve the legal framework. Each year, the Ministry of Construction issues guidelines and urges local authorities to enhance the management of occupational safety in construction.

However, there have been recent serious incidents related to construction, repair, and operation of technological equipment, resulting in significant damages to both human lives and properties, leaving long-lasting consequences for families and society.

In response to the Prime Minister's Official Telegram 39/CD-TTg dated April 22, 2024, regarding a particularly serious labor accident at the Yen Bai Cement and Mineral Joint Stock Company, and in line with the Action Month for Occupational Safety and Health as stipulated in the Prime Minister's Decision 87/QD-TTg dated January 12, 2016, the Ministry of Construction proposes that provincial authorities, as well as relevant agencies and entities involved in production and construction activities within their jurisdictions, strictly adhere to the provisions of the law on the management of occupational safety in construction. They should also continue to implement the Ministry of Construction's guidelines stated in Document 63/BXD-GD dated January 6, 2023, regarding strengthening the management of occupational safety in construction, and Document 182/BXD-GD dated January 11, 2024, concerning ensuring occupational safety in construction. Additionally, the following actions should be taken:

(1) Direct competent agencies to conduct inspections combined with public awareness campaigns, dissemination, and guidance on the implementation of legal regulations, applicable standards, technical specifications for safety in construction activities, operation, repair of machinery, technological equipment, and incident handling procedures at construction material manufacturing plants and construction component factories within the jurisdiction. Decisive actions should be taken to halt construction and production if any violations of occupational safety regulations that pose risks to safety are detected on construction sites or at manufacturing plants. Strict penalties should be imposed in accordance with the law to address violations.

(2) Require entities participating in construction activities, production of construction materials, and construction components, as well as industrial establishments with extensive machinery and equipment, to strengthen occupational safety management. To be specific:

- Establish a complete system for managing occupational safety, ensuring sufficient capacity as required by law. Clearly define responsibilities for occupational safety at each department, team, and individual involved in management, construction, and production.

- Organize awareness campaigns and training on occupational safety to enhance compliance with occupational safety laws among all departments, teams, and workers.

- Review occupational safety regulations, procedures, and measures. Ensure that they comply with legal requirements, applicable standards, and existing technical specifications for occupational safety.

- Strengthen self-inspection and monitoring of compliance with occupational safety laws within the entity to proactively control and prevent hazardous factors, avoiding labor accidents on construction sites and within construction material manufacturing plants and construction component factories.

- For maintenance work on construction projects and technological chains, review and improve procedures and measures to ensure occupational safety during maintenance, preservation, and repair processes.

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