How to handle of construction work incidents in Vietnam?

Decree 06/2021 dated January 26, 2021 on elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works.

Reports on incidents in construction works

According Article 44 Decree 06/2021/ND-CP prescribing the report on construction work incidents as follows:

- Immediately after the incidents, by the fastest measure, the investors must notify the incidents including information on name and construction location of works, preliminary incident and damage (if any) to the communal People's Committees where the incidents occurred and their superior agencies (if any). After receiving the notification, the People's Committee of the commune shall forward it to the People's Committee of the district and the People's Committee of the province.

- Within 24 hours since the occurrence of the incident, the investor shall make a written report on the incident to the District-level and Provincial-level People's Committees where the incident occurred. For all incidents causing human damage, the investor shall send reports to the Ministry of Construction and other competent state management agencies as prescribed by relevant law. The report includes the following main contents:

+ Name of the work, its location and size;

+ Name of entities participating in the construction;

+ Description of the incidents, the status of the construction works when the incidents occur and the time when the incidents occur;

+ Human and property damage (if any).

- Upon receipt of the written report or information about the incident, the People's Committee of the province where the incident occurs shall send the report on the incident to the specialized construction authority.

- The competent State management agencies are entitled to request the investor and relevant parties to provide information on the incident.

- If the construction work incident occurs in the operation process, the owner or the manager/user of the work shall comply with regulations in clauses 1, 2 and 3 of this Article.

Incidents in construction works in Vietnam

Handling of construction work incidents

According Article 45 Decree 06/2021/ND-CP provides for dealing with construction work incidents as follows:

- Provincial-level People's Committees shall assume the prime responsibility for dealing with incidents of construction works and perform the following tasks:

+ Consider and decide to stop or suspend the construction or operation of the work item, a part or the whole work according to the nature, level and extent of the emergency;

+ To consider and decide on the dismantlement and clearance of incident scenes on the basis of meeting the following requirements: To ensure safety for humans, property, works and adjacent works. Involved parties shall take photos, shoot films, collect evidence and take notes of necessary documents for the inspection of incident causes and preparation of incident dossiers before demolition and clearance;

+ Notify the inspection results of the incident causes to the investor and other relevant entities; request the investor, owner or relevant parties to remedy the incident;

+ Handle responsibilities of relevant parties according to the laws;

+ Based on the actual conditions of the locality, the provincial People's Committee may assign the district People's Committee to preside over the handling of incidents of level II, level III construction works in the area.

- Investors, construction contractors in the course of construction or owners, managers or users of works in the course of operation and use shall remedy incidents at the request of competent state agencies. After remedying the incident, the competent agency specified in Clause 2 of this Article shall decide to continue the construction or put the work into use.

- Organizations and individuals causing incidents shall pay compensations and expenses for remedying incidents depending on the nature, severity and scope of their impacts.

- The Minister of National Defense and the Minister of Public Security shall prescribe the reporting on and settlement of incidents related to works in service of defense and security.

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