Environmental protection in construction is a crucial requirement to minimize negative impacts on ecosystems and human health. The construction contractor, as the entity directly carrying out the work, is responsible for complying with legal regulations and implementing environmental protection measures throughout the project performance. Through this article, TNTP presents to our readers the legal provisions on the rights and responsibilities of contractors regarding environmental protection in construction.
1. Legal obligations of contractors in environmental protection in construction
Under current legal regulations, construction contractors are responsible for implementing environmental protection measures as stipulated in Article 116 of the Construction Law, Article 64 and 65 of the Law on Environmental Protection 2020, and relevant decrees and circulars. The specific obligations contractors must fulfill include:
• Environmental impact assessment: For construction projects, the investor is responsible for preparing an environmental impact assessment report (EIA) and submitting it to the competent authority for approval before project implementation. In this process, the contractor is responsible for cooperating with the investor to implement the approved environmental protection measures.
• Control solid waste and construction debris: Contractors must collect, classify, and dispose of waste in accordance with regulations, ensuring that waste is not improperly discharged, which could cause environmental pollution.
• Manage wastewater and hazardous waste: For projects generating wastewater and hazardous waste (such as used oil, solvents, and chemicals), contractors must handle such waste according to technical standards and transfer it to authorized treatment facilities.
• Control dust, noise, and vibrations: Contractors must implement measures to minimize dust from construction materials and limit noise and vibrations that may affect surrounding residential areas.
• Control air and noise pollution: Contractors must have plans to limit dust, heat, noise, vibrations, and lighting to ensure these factors remain within permissible environmental technical standards.
• Safe transportation of materials and waste: The transportation of construction materials and waste must be carried out using appropriate vehicles to prevent leakage or spillage that could negatively impact the surrounding environment.
• Proper wastewater treatment: Wastewater generated during construction must be collected and treated before being discharged into the environment, ensuring compliance with safety standards.
• Reuse and treatment of solid waste: Reusable construction materials must be classified and utilized per regulations. Soil, rock, and solid waste from construction can be used as building materials or for land leveling if they meet technical standards.
• Proper management of excavated soil and mud: Soil and mud from excavation and dredging activities should be repurposed for soil improvement or used in appropriate areas instead of being indiscriminately discarded, which could cause pollution.
• Treatment of sludge from sanitation systems: Sludge from septic tanks and drainage systems must be collected and managed following regulations on industrial solid waste.
• Proper collection and transportation of waste: All types of waste generated during construction must be classified, stored, and transported to treatment facilities in accordance with waste management regulations.
These regulations are established to minimize the negative environmental impact of construction activities, aiming for sustainable development.
2. Contractor’s responsibilities for environmental monitoring and reporting in construction
Contractors are not only required to implement environmental protection measures but also have the responsibility to monitor and report their implementation, Specifically:
• Internal supervision: Contractors must assign environmental officers to regularly inspect the implementation of environmental protection measures on-site.
• Periodic reporting: During construction, contractors must prepare and submit reports to environmental management authorities on compliance with environmental protection regulations.
• Supervision by regulatory authorities: Contractors must comply with inspections and monitoring by state environmental management agencies. They are also responsible for cooperating with relevant authorities during environmental inspections and addressing any violations as required.
3. Legal consequences for contractors violating environmental protection obligations in construction
If a contractor violates environmental protection regulations in construction, they may face serious legal consequences. These penalties are not limited to administrative fines but may also include suspension of operations, license revocation, or even criminal prosecution, depending on the severity of the violation. Specifically:
• Administrative penalties: According to Decree 45/2022/ND-CP on administrative sanctions in the field of environmental protection, violations can result in fines of up to VND 2 billion, depending on the severity of the offense. Additionally, construction activities may be temporarily suspended until corrective measures are implemented.
• Suspension of construction or license revocation: In cases of serious violations, contractors may face temporary suspension of construction, revocation of their construction license, or prohibition from participating in future bidding for other projects.
• Civil and criminal liability: The Criminal Code 2015, as amended in 2017, dedicates Chapter XIX to environmental crimes. Therefore, if a contractor causes severe environmental damage or endangers human health, they may be subject to criminal liability.
4. Solutions to strengthen environmental protection in construction
• This includes thoroughly understanding and studying the current regulations, obtaining the necessary environmental permits before commencing construction, and ensuring that construction activities always meet the standards for dust control, noise, vibration, wastewater, and solid waste management.
• Based on legal regulations, contractors must also develop environmental protection plans and strictly implement them throughout the construction process. Additionally, they should establish a monitoring and reporting system for environmental protection. The contractor must assign environmental officers responsible for internal supervision and regularly inspecting the implementation of environmental protection measures on the construction site.
• Furthermore, in the event of an incident, the contractor must have a prompt and effective response plan to minimize negative impacts, reduce losses, and ensure compliance with legal regulations.
Strict adherence to environmental regulations not only helps mitigate negative impacts but also contributes to the sustainable development of the construction industry. Contractors should proactively implement environmental protection measures from the planning stage through construction and post-completion to ensure legal compliance and minimize potential risks.
The above article, ”Environmental protection in construction – Responsibilities and obligations of the contractor” is presented by TNTP to our valued readers. We hope this article is helpful to you.
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