Construction work incidents not only lead to property damage but also pose significant threats to human safety. Vietnamese law has introduced strict regulations on the responsibilities of involved parties to ensure safety during the construction and operation of projects. This article by TNTP outlines the regulations regarding the responsibilities of parties when construction work incidents occur.
1. Definition and classification of construction work incidents
Construction work incidents are defined in Clause 34, Article 3 of the Construction Law 2014 as serious damage affecting the structure, functionality, or safety of a project, potentially endangering lives. According to Decree No. 06/2021/ND-CP, incidents include the total or partial collapse of construction works, significant deformations exceeding permissible limits, and the malfunction of high-accident-risk equipment. These incidents can stem from various causes, including technical errors, natural disasters, or improper usage during operation.
Under Article 43 of Decree No. 06/2021/ND-CP, construction work incidents are classified into three levels based on the damage:
• Level I: Incidents causing loss of life, with six or more fatalities, partial collapse of a structure, or damages posing a risk of total collapse of Level I or higher-grade structures.
• Level II: Incidents resulting in fatalities ranging from one to five individuals, or the total or partial collapse of Level II or Level III structures, or damages posing a risk of collapse for such structures.
• Level III: Minor incidents not classified under Level I or Level II but still posing potential risks to the safety and operation of the structure.
This classification enables authorities to determine the responsibility and appropriate measures for addressing each specific incident.
2. Responsibilities of the parties involved in construction work incidents
• Responsibilities of the investor in construction work incidents: The investor plays an important role in managing and supervising the entire construction process. According to regulations, the investor must ensure the selected contractors is qualified and closely supervise construction activities. In the event of an incident, the investor is responsible for reporting to the state management agency; cooperating in the investigation by providing all relevant documents and information related to the project to assist in determining the cause of the incident; coordinating with other parties to remediate the consequences; and take liabilities if the incident occurs due to the investor’s fault (such as shortcomings in design or supervision).
Specifically: Immediately after an incident occurs, the investor must, as soon as possible, notify the incident, including information about the name and location of the construction project, a preliminary assessment of the incident, and any damages (if applicable), to the commune-level People’s Committee where the incident occurred and their superior authority (if applicable). Upon receiving the information, the commune-level People’s Committee must report the incident to the district-level and provincial-level People’s Committees.
• Responsibilities of the contractor in construction work incidents: The contractor is directly responsible for the quality of the construction work and labor safety throughout the construction process. This responsibility includes adhering to technical standards, material quality, and properly implementing safety measures. If the incident occurs due to technical errors or construction that does not comply with the design, the contractor will be liable for remedying the consequences and compensating for damages. Additionally, the contractor must provide the necessary manpower and resources to assist in addressing the aftermath.
• Responsibilities of the design consulting unit in construction work incidents: The design consulting unit is responsible for the quality and safety of the design documents. If an incident occurs due to design errors or miscalculations, the design consulting unit will bear joint liabilities. The law requires the consulting unit to thoroughly review and inspect the design documents before implementation to minimize risks.
• Responsibilities of the construction supervision unit in construction work incidents: The supervision unit is responsible for inspecting and overseeing the entire construction process to ensure compliance with the design and safety standards. If the unit fails to detect or promptly report violations during construction that result in an incident, it will be held liable. This may include civil and criminal liability, depending on the severity of the violation.
3. Process for handling construction work incidents
When a construction work incident occurs, the investor and the construction contractor are responsible for promptly implementing measures to conduct rescue operations, ensure the safety of people and property, and prevent further potential hazards. Additionally, they must secure the incident scene and report the situation to the relevant authorities for coordinated handling. The provincial People’s Committee will resolve the situation and carry out the following actions:
• Suspension of construction activities: Depending on the extent and scope of the incident’s impact, the competent authority or the investor may decide to suspend or temporarily halt construction activities or the operation of the structure.
• Consideration of demolition and site cleanup: The demolition and site cleanup must ensure the safety of people, property, and adjacent structures. Before proceeding, the site must be documented with photos and videos, evidence must be collected, and detailed records must be prepared.
• Notification of investigation results: After determining the cause of the incident, the investigation results must be communicated to the investor and relevant parties to implement appropriate corrective measures.
• Charging legal responsibility: The involved parties will be examined for their responsibility and handled according to legal regulations, including penalties or compensation for damages.
The provincial-level People’s Committee may delegate the resolution of level II and level III incidents to the district-level authorities to ensure timely response and local safety.
4. Forms of penalties and compensation for damages in construction incidents
Current laws provide strict penalties for individuals and organizations that violate regulations. Depending on the severity of the violation, the penalties include:
• Administrative penalties: Violations of labor safety and construction quality regulations may be subject to administrative penalties, with fines reaching hundreds of millions of VND, as outlined in Decree 16/2022/ND-CP.
• Criminal responsibility: Individuals who violate construction regulations causing serious harm to human life or significant property damage may be held criminally liable under Article 298 of the 2015 Penal Code (amended and supplemented in 2017).
• Compensation for damages: The parties responsible for the incident must fully compensate for damages to individuals and property, including repair costs, medical treatment expenses, and other arising damages.
5. Preventive measures for construction incidents
To minimize the risk of incidents, all parties involved must implement strict preventive measures. First and foremost, selecting competent contractors and controlling the quality of materials is crucial. In addition, there is a need to train on labor safety for workers and technical staff. Furthermore, regular inspections and maintenance are essential to detect and address potential risks early.
Strict adherence to legal regulations not only ensures the safety of the construction project but also protects the interests of all parties involved, contributing to the development of a sustainable and safer construction industry.
This is an article by TNTP lawyers on the topic: “Regulations on the responsibilities of parties involved in construction incidents” We hope that this article provides valuable insights for readers.
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