Latest regulated tasks involved in the construction safety assessment in Vietnam

Latest regulated tasks involved in the construction safety assessment in Vietnam (Internet image) 

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

1. Latest regulated tasks involved in the construction safety assessment in Vietnam

Regulated tasks involved in the construction safety assessment according to Article 37 of Decree 06/2021/ND-CP is as follows:

- Examination and assessment of the working capacities of main load-bearing structures and construction constituents potentially causing unsafety risks.

- Examination and assessment of the conditions for assurance of normal operation and exploitation of the construction project, including: noise levels, pollution levels of smoke, dust, and substances harming human health; fire safety; testing results of equipment subject to strict safety requirements and other relevant safety conditions.

- Specialized construction Ministries shall assume the following responsibilities:

+ Releasing technical regulations, standards, and construction safety assessment procedures;

+ Announcing testing and evaluation organizations qualified for conducting the safety assessment of specialized construction works; 

+ Regulating the list of construction works that must seek notices of opinions on construction safety assessment results from the authorities specified in Clause 4, Article 39 of Decree 06/2021/ND-CP.

2. Responsibilities for conducting construction safety assessment activities in Vietnam

Responsibilities for conducting construction safety assessment activities according to Article 38 of Decree 06/2021/ND-CP are as follows:

- Responsibilities of project owners or persons managing or using construction projects:

+ Taking charge of carrying out the construction safety assessment procedures prescribed in Article 36 of Decree 06/2021/ND-CP. The project owner or the manager or the user of the construction work shall have the autonomy in conducting such activities if they meet eligibility conditions, or may hire another qualified organization to render the construction safety assessment work;

+ Handing over documents and records required for the construction safety assessment to the testing and inspection organization as a basis for formulating the construction safety assessment protocol, including: construction maintenance documents, design documentation, including construction drawings, as-built drawings, records of equipment installed in the construction works and other records and documents necessary for the construction safety assessment.

In the absence of documents or if construction documents do not have sufficient information necessary for the safety assessment, the owner or the manager or the user of the construction work can hire a qualified organization to carry out the survey and make current construction status documents used for the construction safety assessment purpose;

+ Taking charge of verifying and approving the safety assessment protocol;

+ Undertaking the supervision of implementation of construction safety assessment tasks; 

+ Reviewing and confirming construction safety assessment results;

+ Sending 01 copy of the safety assessment report to the competent authority stated in clause 4 of Article 39 of Decree 06/2021/ND-CP;

+ Filing construction safety assessment documents in the file of documents necessary for construction maintenance activities.

- Responsibilities of construction safety assessment bodies: 

+ Formulating the construction safety assessment protocol in accordance with applicable technical regulations, standards, terms and conditions of the construction contract, and submitting it to the owner or the manager or the user of the construction work to seek their approval;

+ Carrying out construction safety assessment activities according to the approved protocol;

+ Making a review report on safety assessment results and submitting it to the project owner or the manager or the user of the construction work according to regulations;

+ Bearing responsibility for the quality of construction safety assessment activities that they perform on their part. The certification of the report on safety assessment results of the project owner or the manager or the user of the construction work does not replace and reduce responsibility for the safety assessment performed by the testing and inspection organization.

- Provincial-level People’s Committees shall assume the following responsibilities:

+ Reviewing construction works subject to construction safety assessment within their remit; regulating the assessment schedule and requesting project owners or persons managing or using construction works to organize the construction safety assessment according to the provisions of this Decree;

+ As for the construction works specified at Point a of this Clause that are located within their remit, if owners thereof or persons managing or using them have not yet been identified, provincial-level People's Committees shall undertake the construction safety assessment as prescribed in this Decree.

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