Latest instructions for construction incident reporting in Vietnam

Latest instructions for construction incident reporting in Vietnam (Internet image) 

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

1. Latest instructions for construction incident reporting in Vietnam

Instructions for construction incident reporting in Vietnam according to Article 44 of Decree 06/2021/ND-CP are as follows:

- Immediately after an incident, the investor must, in the fastest manner, report on the incident, including the name and location of the construction work, preliminary information about the incident and damage (if any) to the People's Committee of the commune where the incident or loss (if any) occurs and their superior authority (if any). Immediately after receiving the incident report, the commune-level People's Committee must report to the district-level People's Committee and the provincial-level People's Committee on the incident.

- Within 24 hours from the occurrence time, the investor must report the incident in writing to the district-level People's Committee and the provincial-level People's Committee of the place where the incident occurs. For all incidents involving human losses, investors shall send reports to the Ministry of Construction and other competent state authorities in accordance with relevant laws. Each report shall contain the following main information:

+ Name of the construction work, construction site and scale of the construction work;

+ Names of organizations or individuals involved in construction;

+ Description of the incident, status of the construction work at the time of occurrence and the occurrence time;

+ Human and property loss (if any).

- For any incident occurring at the construction work passing through 02 provinces or more, after receiving the written report or receiving information about the incident, the People's Committee of the province where the incident occurs shall send a report on the incident to the specialized construction Ministry.

- The competent state authority shall be entitled to request the investor and related parties to provide information about the incident.

- In case the incident occurs in the course of operation or use of the construction work, the owner or the manager or the user of that construction work shall have to implement the provisions of Clauses 1, 2 and 3 of Article 44 of Decree 06/2021/ND-CP.

2. Instructions for responses to construction incidents in Vietnam

Instructions for responses to construction incidents in Vietnam according to Article 45 of Decree 06/2021/ND-CP are as follows:

-  Whenever an incident occurs, the investor and the construction contractor shall be responsible for taking timely actions to search and rescue, ensure safety for affected people and property, limit and prevent any potential danger; taking charge of protecting the incident scene and making a report according to the provisions of Article 44 of Decree 06/2021/ND-CP.

People's Committees at all levels shall direct and support related parties to set up search and rescue forces, protect incident scenes and perform other necessary tasks in the incident response process.

- Provincial People's Committees shall be responsible for handling construction incidents and performing the following tasks:

+ Considering and deciding to close or temporarily suspend construction or operation or use of the construction item, a part or the whole of the construction work, depending on the nature, severity and impact of the incident;

+ Considering and deciding the demolition and cleanup of the incident scene on the basis of meeting the following requirements: Ensure safety for people, property, construction works and other adjacent facilities. Before demolition or cleanup, relevant parties must photograph or film the incident scene; collect evidence existing at the incident scene; record information relating the incident scene in documents necessary for the incident inspection and create the incident file;

+ Notify the results of the inspection results showing incident causes to the investor and other related entities; decisions on remedies or mitigative actions binding upon investors, owners or related parties;

+ Legally charge related parties;

+ Based on actual local conditions, provincial-level People's Committees may assign district-level People's Committees to take charge of addressing grade-II and grade-III construction incidents occurring within their respective jurisdiction.

- Investors, construction contractors during the construction process or owners, managers and users of construction works during the operation and use thereof shall be responsible for dealing with incidents at the request of competent state authorities. After dealing with incidents, the competent authorities specified in Clause 2 of Article 45 of Decree 06/2021/ND-CP shall decide whether construction may proceed or construction works where incidents occur may be put to use.

- Organizations or individuals causing incidents shall be responsible for paying compensation or costs incurred from handling of these incidents, depending on the nature, extent and impacts of these incidents.

- The Minister of National Defense and the Minister of Public Security shall adopt regulations on reporting and handling of incidents at national defense and security construction works.

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