Regulations on examination of causes of construction incidents in Vietnam

Authority to lead the examination of causes of construction incidents in Vietnam

Pursuant to Clause 1, Article 46 of Decree 06/2021/ND-CP, authority to lead the examination of causes of construction incidents is as follows:

- Provincial People's Committees shall be accorded authority to lead the examination of causes of incidents in their respective localities;

- The Ministry of National Defense and the Ministry of Public Security shall be accorded authority to lead the examination of causes of incidents occurring at national defense and security construction projects;

- Ministries in charge of specialized construction works shall be accorded authority to lead the examination of causes of incidents occurring at construction works if they are assigned by the Prime Minister to do so.

Competent authorities prescribed above can set up incident investigation commissions to examine the causes of incidents. Each commission is composed of representatives of units of authorities in charge of handling incidents, relevant agencies and experts in technical specializations relating to the incidents. Where necessary, the authority in charge of conducting the examination of incident causes shall appoint an inspection organization to conduct the assessment of the quality of the construction work to serve the purpose of the assessment of the incident causes and offer solutions to the incident.

Regulations on examination of causes of construction incidents in Vietnam (Internet image)

Tasks involved in the examination of incident causes in Vietnam

Pursuant to Clause 3, Article 46 of Decree 06/2021/ND-CP, the tasks involved in the examination of incident causes:

- Collecting relevant records, documents, technical data and performing professional work to find the incident causes;

- Evaluating the safety of the construction work after the incident occurs;

- Identifying responsibilities of organizations and individuals concerned;

- Creating documentation on examination of incident causes, including: Report on incident causes and other related documents existing in the process of examination of incident causes.

Costs of examination of causes of construction incidents in Vietnam

Pursuant to Clause 4, Article 46 of Decree 06/2021/ND-CP, costs of examination of causes of construction incidents are as follows:

- In case where a construction incident occurs during the construction process, the investor shall be responsible for paying the costs of examination of construction incident causes. After the results of the examination of the construction incident causes are available and responsibilities for the incident are identified, the organization or individual blamed for causing such construction incident must pay the costs of the examination of the incident causes. In case where the construction incident occurs due to force majeure events, liabilities for paying the costs of the examination of the incident causes shall be subject to the provisions of the relevant construction contracts;

- In case where a construction incident occurs during the period of operation or use of a construction work, the owner, the manager or the user of that construction work shall be responsible for paying the costs of examination of construction incident causes. After the results of the examination of the construction incident causes are available and responsibilities for the incident are identified, the organization or individual blamed for causing such construction incident must pay the costs of the examination of the incident causes. In case where the construction incident occurs due to force majeure events, the owner, the manager or the user of that construction work shall be liable for the costs of examination of the construction incident causes.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE