Chapter 6.
INCIDENTS DURING THE PROCESS OF CONSTRUCTION EXECUTION AND USE OF CONSTRUCTION WORKS
Article 36. Classification and grading of incidents during the process of construction execution and use of construction works
1. Incidents during construction and operation, use of construction works (hereinafter referred to as incidents) are as follows: works incidents (incidents for prime works; incidents for auxiliary works, temporary works; incidents for neighbouring works); incidents causing the loss of safety for labours and construction equipment, incidents of fire and explosion during the process of construction execution and use of construction works.
2. Based on the damage to human and property, incidents are graded into 4 levels, including: particularly serious level, level I, level II and level III.
Article 37. Reports of incidents
1. Immediately after incidents’ occurrence, Investors must briefly report to communal level People’s Committees and Investors’ senior agencies by the quickest way. Communal level People’s Committees, immediately after receiving the information, must report the incidents to District and Provincial People’s Committees.
2. Within 24 hours after the incidents occurred, Investors prepare and submit reports on incidents in writing to District-level and Provincial People’s Committees where facilities’ incidents occurred. For all types of incidents, if there is damage to human, Investors must also report to the Ministry of Construction and other competent State authorities as stipulated in the relevant regulations.
3. After the receipt of reports in writing or of information about the incidents, Provincial People’s Committees are responsible for sending the reports on incidents to the Ministry of Construction and Ministries managing specialized construction works in cases of incidents of particularly serious level, level I and other incidents causing the loss of human. The Ministry of Construction takes responsibility for reporting to the Prime Minister incidents of particularly serious level and other incidents when requested by the Prime Minister.
4. State authorities on construction of all levels are entitled to request Investors and relevant parties to provide information on incidents.
Article 38. Handling of incidents
1. When incidents occur, Investors and construction contractors shall take responsibilities for promptly taking measures to look for, rescue and ensure safety of people and property; limit and prevent dangers that may continue; protect incident scenes and making reports as stipulated in Article 37 of this Decree.
People’s Committees of all levels shall direct and support involved parties in organizing rescue, protecting incident scenes and carrying out other necessary jobs during the process of handling incidents.
2. The dismantling and clearance of incident scenes must be conducted with the agreement of competent agencies under regulation and must satisfy the following requirements:
a) According to plans ensuring the safety for people, property, and neighboring works;
b) Involved parties must take photos, shoot films, collect evidences and take notes of incident scenes in service of the State inspection of incident causes and preparation of incident dossiers before dismantling and clearing incident scenes.
3. Causes of incidents must be accurately identified and thoroughly remedied so that the quality of construction works can be assured in accordance with the design’s requirements. After remedies, opinions from competent state agencies shall be got in prior to continuing construction or to putting the works into use.
4. Organizations and individuals causing incidents shall compensate for damage and expenses for the remedy of incidents based on the nature, level and sphere of influence of incidents.
Article 39. State inspection of incident causes
1. The authority to organize the State inspection of incident causes is stipulated as follows:
a) The Ministry of Construction shall take the prime responsibility and coordinate with Ministries managing specialized construction works and provincial People’s Committees in organizing the State inspection of causes for incidents of particularly serious level and level I.
When necessary, the Prime Minister shall decide to establish Incident Investigation Committee to conduct the State inspection of incident causes and deal with related issues in cases of particularly serious incidents.
b) Provincial People’s Committees shall organize the State inspection of causes for incidents of level II and level III in the area. Provincial People’s Committees are entitled to propose ministries managing specialized facilities for cooperation or conducting inspection of incident cause when necessary.
c) The Ministry of National Defence, Ministry of Public Security are to organize state inspection of incident causes for works of defence, security sector managed by them. The Ministry of National Defence, Ministry of Public Security are entitled to propose cooperation from Ministry of Construction and ministries managing specialized facilities for inspecting incident causes.
2. Contents of carrying out State inspection of incident causes:
a) To collect related dossiers, documents, and technical data, and carry out professional activities to identify incident causes;
b) To assess the safety of works after the incident;
c) To demarcate the responsibilities among involved organizations and individuals;
d) To propose measures to prevent similar incidents;
e) To prepare dossiers on State inspection of incident causes, inclusive of: Reports of State inspection of incidents causes and relevant documents during the process of State inspection of incident causes.
3. Competent State agencies organizing the State inspection of incident causes can self-carry out the State inspection or appoint eligible inspection organizations to carry out the State inspection of incidents.
4. Investors, survey contractors, design contractors, and construction contractors are responsible for following competent State authorities’ requests during the State inspection process of incident causes.
5. Organizations and individuals are prohibited from any act to prevent and interfere with the State inspection process of incidents causes by competent State authorities.
Article 40. Dossiers of incidents
Investors, owners or use managers of works shall take responsibilities for compiling dossiers of incidents with contents as follows:
1. A report on the inspection of incident scene with information on: name of works and items with the incidents; location of construction works and timing of the incidents, preliminary description and occurence of the incidents; the status of works when the incident occured; preliminary information on the damage to people and property; preliminary evaluation on incident causes.
2. Documents on the design and construction execution of works which are related to the incidents.
3. Dossiers on State inspection of incident causes.
4. Relevant documents during the handling of incidents.
Tìm kiếm
Nghị định 15/2013/NĐ-CP (Bản Word)
Nghị định 15/2013/NĐ-CP (Bản Pdf)