04 regulations to know about the safety assessment of construction works in Vietnam

04 regulations to know about the safety assessment of construction works in Vietnam​ (Image from the Internet)

1. Responsibility for organizing the safety assessment of construction works in Vietnam

The responsibility for organizing the safety assessment of construction works as stipulated in Article 38 of Decree 06/2021/ND-CP is as follows:

- Responsibilities of the owner or the person managing, using the construction work:

+ Organize the implementation of safety assessment of the work as per the provisions in Article 36 of Decree 06/2021/ND-CP. The owner or the person managing, using the work has the right to perform it themselves if they meet the competency conditions or hire an accredited organization to conduct safety assessment;

+ Hand over documents and materials serving the safety assessment to the inspection organization as a basis for drafting the safety assessment outline, including: construction maintenance dossiers, construction drawing design dossiers, as-built drawings, equipment installation history in the work, and other necessary documents serving the safety assessment.

In case where there is no dossier or the existing dossier lacks information for the safety assessment, the owner or the person managing, using the work is responsible for hiring a competent organization to conduct surveys and document the current condition of the work to serve the safety assessment;

+ Organize the verification and approval of the safety assessment outline;

+ Supervise the implementation of safety assessment work;

+ Review and confirm the safety assessment results;

+ Submit one report of safety assessment results to the competent state authority as prescribed in Clause 4 Article 39 of Decree 06/2021/ND-CP;

+ Archive the safety assessment report in the construction maintenance files.

- Responsibilities of the safety assessment organization:

+ Draft a safety assessment outline in accordance with technical standards, applicable standards, and construction contract regulations for approval by the owner or the person managing, using the work;

+ Conduct the safety assessment according to the approved outline;

+ Prepare a report on safety assessment results and submit it to the owner or the person managing, using the work as prescribed;

+ Be responsible for the quality of the safety assessment conducted. The owner's or manager's confirmation of the safety assessment report does not replace or reduce responsibility for the safety assessment performed by the inspecting organization.

- The provincial People's Committee is responsible for:

+ Reviewing construction works subject to safety assessment on the territory; prescribing the schedule and requiring the owner or the person managing, using the work to organize safety assessment of the works as prescribed in Decree 06/2021/ND-CP;

+ For works not yet determined to have an owner or manager as prescribed in point a Clause 3 Article 38 of Decree 06/2021/ND-CP, the provincial People's Committee is responsible for organizing safety assessment of those works according to regulations in Decree 06/2021/ND-CP.

2. Contents of safety assessment of construction works in Vietnam

The contents of safety assessment of construction works as stipulated in Article 37 of Decree 06/2021/ND-CP include:

- Inspecting and assessing the working capacity of the main load-bearing structures and parts of the work at risk of causing unsafety.

- Checking and assessing conditions to ensure normal operation and exploitation of the work, including noise level, smoke, dust, and hazardous substances affecting human health; fire and explosion safety; results of testing equipment with stringent safety requirements and other related safety conditions.

- The specialized construction work management ministry is responsible for:

+ Issuing technical regulations, standards, and safety assessment procedures for works;

+ Announcing accredited inspections capable of conducting safety assessments for specialized construction works;

+ Listing the categories of works that must be considered by the authorities as stipulated in Clause 4 Article 39 of Decree 06/2021/ND-CP to provide feedback on the safety assessment results.

3. Procedures for conducting safety assessment of construction works in Vietnam

The procedures for conducting safety assessment of construction works as stipulated in Article 36 of Decree 06/2021/ND-CP are as follows:

- Drafting and approving the safety assessment outline.

- Organizing the implementation of the safety assessment of the work.

- Preparing a report on the safety assessment results.

- Submitting the report to the competent authority to receive and provide feedback on the safety assessment results as prescribed in Clause 4 Article 39 of Decree 06/2021/ND-CP:

+ The provincial People's Committee for construction works located in the province;

+ The specialized construction work management ministry for specialized works located in two or more provinces as authorized in Clause 3 Article 52 of Decree 06/2021/ND-CP;

+ The Ministry of National Defense, Ministry of Public Security for works serving national defense and security.

4. Guidance on confirming safety assessment results of construction works in Vietnam

As per Article 39 of Decree 06/2021/ND-CP regarding confirming safety assessment results of construction works as follows:

- The owner or the person managing, using the work shall check the workload of the safety assessment, review the compliance of the safety assessment report with the safety assessment outline approved and stipulations of the contract to confirm the safety assessment results.

- If the safety assessment report does not meet the requirements, the owner or the person managing, using the work shall send written disapproval to the inspecting organization, indicating the contents that do not meet the requirements, for the organization to conduct reassessment or supplementary assessment.

- Within 14 days after receiving the safety assessment report from the owner or the person managing, using the work as prescribed in point e Clause 1 Article 38 of Decree 06/2021/ND-CP, the competent state authority shall review and give feedback on the safety assessment results to the owner or the managing, using entity as follows:

+ Approve the safety assessment report; require the owner or the manager to implement the recommendations of the assessing organization for the work to meet safety requirements;

+ Disapprove the safety assessment report if the execution content and report results do not meet the requirements; require the owner or the manager to organize reassessment or supplementary assessment;

+ If the assessment results show the work does not meet safety conditions, require the owner or the manager to implement regulations in Article 40 of Decree 06/2021/ND-CP.

- Unless otherwise specified by law, the authority to receive and provide feedback on construction safety assessment results is prescribed as follows:

+ The provincial People's Committee for construction works located in the province;

+ The specialized construction work management ministry for specialized works located in two or more provinces as authorized in Clause 3 Article 52 of Decree 06/2021/ND-CP;

+ The Ministry of National Defense, Ministry of Public Security for works serving national defense and security.

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