Chapter VI
INCIDENTS IN CONSTRUCTION WORKS
Article 46. Grading of incidents in the construction and operation of works
Incidents are classified into 3 levels according to the damage to the construction and the human damage, including level I, level II and level III incident, specifically as follows:
1. Level I incident includes:
a) Incidents in construction works that cause to death of 6 people or more;
b) Collapses of level I or higher works/work items or damage that potentially causes to collapses of level I or higher works/work items.
2. Level II incident includes:
a) Incidents in construction works that cause to death of 1 to 5 people;
b) Collapses of level II or level III works/work items or damage that potentially causes to collapses of level II or level III works/work items.
3. Level III incidents include the incidents other than those specified in Clauses 1 and 2 of this Article.
Article 47. Reports on incidents in construction works
1. When the incident occurs, the investor shall immediately report such incident to the local People's committee of commune and the superior agency. When the report on the incident is received the People's committee of commune shall report it to the People’s Committee of district and province.
2. Within 24 hours since the incident occurs, the investor make a written report on the incident and send them to the People’s Committee of district and People's Committee of province of the place where the incident occurs. For any type of incidents, if there is human damage, the investor shall report to the Ministry of Construction and other competent State management agencies as prescribed in relevant law provisions.
3. When the report about the incident is received, the People’s Committee of province shall send a report on such incident to the Ministry of Construction and the Ministries managing specialized construction works, applicable to level I incidents and other incidents that cause human damage.
4. Any competent State management agency is entitled to request the investor and relevant parties to provide information about the incident.
5. If the incident occurs in the operation process, the owner or manager/user shall comply with the regulations in Clauses 1, 2 and 3 of this Article.
Article 48. Handling of incidents in construction works
1. When an incident occurs, the investor and the construction contractor are responsible for taking promptly the measures for searching and rescuing, ensuring the safety of human and property; limiting and preventing dangers that may continue; protect incident scenes and making reports as stipulated in Article 47 of this Decree. People’s Committees of all levels shall direct and support the relevant parties in organizing search and rescue, protecting incident scenes and carrying out other necessary activities during the process of handling incident.
2. The People's Committees of provinces are responsible for handling the construction work incidents and carry out the following tasks:
a) Consider and decide to stop or suspend the construction or operation of the work items, a part of the whole work according to the level and sphere of incident;
b) Consider and decide the dismantlement and/or clearance of incident scenes that ensures the safety of human, property, construction work and adjacent works. Involved parties shall take photos, shoot films, collect evidences and take notes of necessary information for the inspection of incident causes and establishment of incident documents before dismantling and clearing incident scenes;
c) Notify the investor and relevant entities about the result of the inspection of incident causes; send the investor, owner or relevant parties a request for remedy for the incident;
d) Handle the relevant parties according to the responsibilities and the legislations;
dd) On the basis the actual conditions of local area, the People's Committee of province may authorized the People’s Committee of district to preside over the handling of level III construction work incidents.
3. The investor, the construction contractor or the owner, the manager/user are responsible for taking remedial measures for the incident during the construction/operation process according to the request of the regulatory agency. When the incident is handled, the competent agency specified in Clause 2 of this Article shall decide to continue the construction or bring the work into operation.
4. Organizations and individuals causing incidents shall compensate for damage and pay the expenses for the remedy of incidents according to the nature, level and sphere of incidents.
Article 49. Inspection of construction work incident causes
1. The authority to organize the inspection of construction work incident causes is stipulated as follows:
a) The Ministry of Construction and Ministries managing specialized construction works are responsible for presiding over the inspection of causes for level I incident of specialized construction works according to the managerial responsibilities specified in Clauses 1 and 2 Article 51 of this Decree, except for other cases at the request of the Prime Minister;
b) The People's Committees of provinces are responsible for the inspection of level II and level III incidents in local area. The People's Committees of provinces may request the Ministries managing specialized construction works to organize inspection of such incidents alone or together;
c) The Ministry of National Defense and the Ministry of Public Security are responsible for the inspection of incidents of National defense and security works.
2. The competent agencies specified in Clause 1 of this Article shall establish an incident inspecting team to inspect the incident causes. An incident inspecting team shall include the representatives of the agencies in charge of handling the incident, the relevant agencies and the expert in technical speciality relating to the incident. If necessary, the agency presiding over the inspection of construction work incident causes may appoint an inspection organization to carry out the construction quality assessment serving the inspection of incident causes and find remedial measures.
For incidents that lead to serious consequences, the Prime Minister shall decide to establish Incident Investigation Committee under the control of the Ministry of Construction and with the participation of relevant parties to conduct the inspection of incident causes.
3. Contents of inspection of incident causes:
a) Collect related documents and relevant technical data and carry out professional activities to identify incident causes;
b) Assess the safety of works after the incident;
c) Assign the responsibilities among relevant organizations and individuals;
d) Establish incident cause inspection documents, including the Reports of inspection of incidents causes and relevant documents during the process of the inspection of incident causes.
4. Costs for the inspection of construction work incident causes
a) If the construction work incident occurred during the work construction process, the investor shall pay the cost for inspection of construction work incident causes. When the result of the inspection is received and the responsibilities are defined, the organization/individuals causing the incident shall be responsible for paying such cost. If the construction work incident orcurred due to a force majeure event, the cost for the inspection of construction work incident causes shall be paid according to the regulations in the relevant construction contract;
b) If the construction work incident occurred during the work operation process, the owner, manager/user of the work shall pay the cost for inspection of construction work incident causes. When the result of the inspection is received and the responsibilities are defined, the organization/individuals causing the incident shall be responsible for paying such cost. If the construction work incident orcurred due to a force majeure event, the cost for the inspection of construction work incident causes shall be paid by the owner, the manager or user of the work.
Article 50. Construction work incident documents
The investor, the owner and manager/user of the work are responsible for establishing the incident documents, including the following contents:
1. A report on the inspection of incident scene including: name of the work/work item with the incident; location of construction works and time 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 information on incident causes.
2. Documents about the engineering planning and the construction of works which are related to the incident.
3. Document on the inspection of incident causes.
4. Document relating to the handling of incident.
Tìm kiếm
Nghị định 46/2015/NĐ-CP (Bản Word)
Nghị định 46/2015/NĐ-CP (Bản Pdf)