Severity levels of incidents arising from construction, operation and use of construction works or projects in Vietnam

Severity levels of incidents arising from construction, operation and use of construction works or projects in Vietnam (Internet image)

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

1. Severity levels of incidents arising from construction, operation and use of construction works or projects in Vietnam

According to Article 43 of Decree 06/2021/ND-CP, construction incidents are divided into three severity levels according to the extent of damage to construction works or human losses, including level-I, level-II and level-III incidents as follows:

- Level-I incidents, including:

+ Any construction incident causes at least 6 deaths;

+ Any incident causes the construction work to collapse; the collapse of a part of the construction work or any damage that is likely to cause the entire grade-I or higher-grade construction work to be collapsed.

-Level-II incidents, including:

+ Any construction incident causes 1 - 5 deaths;

+ Any incident causes the construction work to collapse; the collapse of a part of the construction work or any damage that is likely to cause the entire grade-II or grade-III construction work.

- Level-III incidents, including the rest of construction incidents other than those prescribed in clause 1 and 2 of Article 43 of Decree 06/2021/ND-CP.

2. Instructions for construction incident reporting in Vietnam

Construction incident reporting according to Article 44 of Decree 06/2021/ND-CP is 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.

3. Construction incident documents in Vietnam

According to Article 47 of Decree 06/2021/ND-CP, investors, owners, managers or users shall be responsible for preparing the incident documents, including the followings:

- Incident scene investigation report includes the following information: Name of the construction work or item where the incident occurs; construction site, time of the incident occurrence, preliminary description and development of the incident; conditions of the construction work at the time of the incident occurrence; preliminary review of human and property losses; preliminary identification of causes of the incident.

- Design and construction documents related to the incident.

- Documentation on examination of incident causes.

- Documents relating to the process for handling the incident.

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