Construction work failure is damage exceeding the allowable safety limit, causing the construction work or construction auxiliary structures to be in danger of collapsing, partially or completely collapsed during the process of construction, exploitation and use of the works.
Article table of contents
According to Article 48 of the Decree No. 46/2015/NĐ-CP of Vietnam’s Government, handling of incidents in construction works is guided as follows:
Step 1: When an incident occurs, the investor and the construction contractor are responsible for taking promptly the measures for searching and rescuing, ensuring the safety of human and property; limiting and preventing dangers that may continue; protecting incident scenes and making reports as stipulated in Article 47 of this Decree. People’s Committees of all levels shall direct and support the relevant parties in organizing search and rescue, protecting incident scenes and carrying out other necessary activities during the process of handling incident.
Step 2: The People's Committees of provinces are responsible for handling the construction work incidents and carry out the following tasks:
- Consider and decide to stop or suspend the construction or operation of the work items, a part of the whole work according to the level and sphere of incident;
- Consider and decide the dismantlement and/or clearance of incident scenes that ensures the safety of human, property, construction work and adjacent works. Involved parties shall take photos, shoot films, collect evidences and take notes of necessary information for the inspection of incident causes and establishment of incident documents before dismantling and clearing incident scenes;
- Notify the investor and relevant entities about the result of the inspection of incident causes; send the investor, owner or relevant parties a request for remedy for the incident;
- Handle the relevant parties according to the responsibilities and the legislations;
- On the basis of the actual conditions of the local area, the People's Committee of province may authorize the People’s Committee of district to preside over the handling of level III construction work incidents.
Step 3: The investor, the construction contractor or the owner, the manager/user are responsible for taking remedial measures for the incident during the construction/operation process according to the request of the regulatory agency. When the incident is handled, the competent agency specified in Clause 2 Article 48 of this Decree shall decide to continue the construction or bring the work into operation.
Step 4: Organizations and individuals causing incidents shall compensate for damage and pay the expenses for the remedy of incidents according to the nature, level and sphere of incidents.
If there is a violation of regulations on construction incidents, investment deciders, investors or owners, managers and users of the works will be sanctioned for administrative violations according to Article 21 of Decree No. 139/2017/ND-CP of Vietnam’s Government.
Le Hai
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- Decree No. 139/2017/ND-CP
