Nghe An tightens management of construction order in the area

(Baonghean.vn) - Nghe An Provincial People's Committee issued Directive No. 18/CT-UBND on strengthening construction order management and ensuring safety in construction works in the province:

In order to strengthen management, restore order and discipline in construction investment, rectify unsafe situations and prevent the possibility of incidents during the construction process in the coming time in the province, ensure safety for people and property of the people, workers and project investors, the Provincial People's Committee requests branches and levels to enhance the role and responsibility of state management, maximize functions, tasks and authority in construction order management according to legal regulations, ensure labor safety, strengthen supervision, inspection and resolutely and proactively handle violations in construction; at the same time, request state management agencies and relevant entities in construction activities to seriously implement the following contents:

1. Department of Construction:

1.1. Responsible for directing and urging to ensure state management of construction order and safety in the whole province; Require specific assignment of responsibilities to individual leaders, direct subordinate specialized units to strengthen inspection, review, timely detect, and strictly handle violations of construction order and construction safety in the province;

1.2. Improve the quality of planning and construction design appraisal, ensure strict control of construction engineering design including construction methods and solutions to ensure construction safety of construction investment projects, especially pay attention to the use of tower cranes; Strictly control the acceptance and putting of works into use according to regulations.

1.3. Direct, guide and train the People's Committee of Vinh city, districts and towns on construction management, construction order management, promote inspection, timely detection and strict handling of violations of construction order and labor safety in construction in the area in accordance with the provisions of Decree No. 180/2007/ND-CP dated December 7, 2007 of the Government on guiding the implementation of a number of articles of the Construction Law on handling violations of construction order and current relevant legal provisions;

1.4. Annually send inspection teams to inspect the state management work of localities in ensuring construction order and safety, especially focusing on high-rise buildings, buildings with basements, underground buildings, and construction works using tower cranes.

1.5. Timely advise the Provincial People's Committee on documents and regulations in the management of construction investment, urban planning management, construction licensing and handling of violations of construction order in accordance with the actual conditions of the locality on the basis of compliance with current legal regulations for direction and management. Synthesize and report to the Provincial People's Committee on the results of the implementation of construction order management and labor safety in construction in the province periodically every 3 months, 6 months, a year or suddenly when requested.

2. Relevant departments:

2.1. Department of Labor, War Invalids and Social Affairs:

- Strengthen direction and guidance on inspection and implementation of technical safety inspection of machinery, equipment and materials with strict requirements on safety, especially tower cranes in accordance with regulations; Receive documents declaring use, promptly inspect and issue certificates according to regulations to organizations and individuals. Supervise all levels and sectors during construction and use to ensure safety and compliance with regulations.

- Inspect and examine the provision of tower crane inspection services in the area and the activities of the Inspection Organization (including branches and member units of the Organization) located in the area according to regulations.

2.2. Department of Natural Resources and Environment: Strengthen the appraisal and approval of environmental impact assessments for construction investment projects and supervise the implementation to ensure effectiveness and compliance with environmental protection commitments.

2.3. Provincial Fire Prevention and Fighting Police: Strengthen supervision of the implementation of regulations on fire and explosion safety in construction activities. Early detection, timely prevention measures and strict handling of violations.

2.4. The Provincial Police directs the District and Commune Police to coordinate with the construction order management force and local authorities in implementing the requirements of the Decision to suspend construction works; Decision to enforce demolition of violating works of competent authorities in accordance with the provisions of Decree No. 180/2007/ND-CP dated December 7, 2007 of the Government and Joint Circular No. 04/2007/TTLT-BXD-BCA dated July 7, 2007 of the Ministry of Construction and the Ministry of Public Security guiding the coordination in handling violations of the law in construction activities.

2.5. Heads of agencies, organizations and individuals providing electricity, water and other services related to construction works violating construction order must strictly implement the requirements in the Decision to suspend construction; Decision to enforce demolition by competent authorities (according to regulations in Clause 2, Article 9, Decree No. 180/2007/ND-CP of the Government).

3. People's Committee of Vinh city, districts and towns:

3.1. Responsible for managing construction activities in the area, ensuring compliance with the provisions of the Law on planning, construction investment management and construction safety for all construction works (including works with permits and works exempted from construction permits);

3.2. Improve the quality of planning appraisal, construction design, construction licensing according to decentralization, ensure strict control of construction technical design including construction methods, solutions to ensure labor safety of construction investment projects; Strictly control the acceptance work, put the project into use according to regulations.

3.3. Strengthen inspection of construction order in the area, ensure that all violations must be detected early and resolutely handled in accordance with the provisions of Decree No. 180/2007/ND-CP of the Government and current regulations, promptly suspend construction, apply preventive measures to violations right from the beginning, when the investor does not have a construction permit, does not have complete procedures according to regulations (for cases of exemption from construction permit); Strictly organize the enforcement, dismantling of equipment, and demolition of illegal constructions according to the provisions of law.

3.4. Coordinate well with relevant agencies in managing construction order in the area, ensuring compliance with regulations on construction safety, fire prevention and fighting, and environmental impact.

3.5. Improve the effectiveness and efficiency of construction order management at all levels of local government; Strengthen the urging and direction of the Chairmen of the People's Committees of communes, wards and towns to organize propaganda and disseminate widely to the people and organizations the provisions of law in construction activities; Raise the awareness and perception of the community about compliance with construction order; Improve and enhance the capacity of the team of cadres and civil servants performing the work of managing construction order in communes, wards and towns; Disseminate and train leaders and managers at all levels on the work of managing construction activities.

3.6. Assign and specify responsibilities for each organization, leader, and individual in construction management work in the area; resolutely review and discipline organizations and individuals involved in granting construction permits in violation of regulations, allowing violations of construction order and labor safety in construction without handling or not handling promptly; Be responsible to the Chairman of the Provincial People's Committee for not detecting, strictly and promptly handling violations of the law on construction order in the area under their management.

3.7. Immediately inspect construction works using tower cranes in the area. If it is discovered that there has been no inspection confirmed by the Department of Labor - Invalids and Social Affairs, there are parts of the tower crane when operating or not operating that extend beyond the scope of the land for project implementation assigned to the investor, the space below the operating range of the tower crane around the construction site has a residential area or community activities, it must be suspended immediately (required to be completed before November 30, 2016) and the investor must be required to promptly dismantle (completed before December 25, 2016). If the investor does not comply, the construction work will be suspended, and handling and enforcement measures will be applied according to regulations. Report the results to the Provincial People's Committee before December 30, 2016.

4. For construction project investors:

4.1. Take full responsibility for the construction project, strictly comply with the provisions of law in construction investment, labor safety, direct the construction contractor and take responsibility for the contractor's violations (if any).

4.2. Construction works may only be started when all conditions specified in Article 72 of the Construction Law are met (having a construction site; having a construction permit for works that require a construction permit; having an approved construction drawing design; having measures to ensure safety and environmental hygiene; having a construction contract; ...). In case of exemption from a construction permit, the local authorities must be notified and checked to ensure that conditions for safety, hygiene and environment are met before construction can be started. In case of intentional violation, construction will be suspended and strictly handled, and the investor will be fully responsible according to the provisions of the Law.

4.3. Regularly monitor and inspect the implementation of construction measures and safety measures of construction contractors; Strictly comply with technical regulations and laws on safety in construction. In particular, pay special attention to:

-For basement construction and underground works, there must be construction measures to ensure safety for existing works surrounding the construction site and there must be a commitment according to regulations.

-The scaffolding system must ensure safety according to the correct procedures, regulations and technical instructions; stability and load-bearing capacity must be checked and accepted according to regulations; During use, the safety level must be regularly checked and assessed.

-When using a tower crane, it is required to ensure safety, choose the type suitable for the construction site, convenient for construction work, be inspected before putting into use and periodically inspected during use; Parts of the tower crane when operating or not operating must not extend beyond the project implementation area assigned to the investor. In particular, absolutely do not use a tower crane if there is a residential area or an area with community and residential activities around the construction site.

- Ensure that construction work does not affect neighboring areas, does not damage the technical infrastructure of the area, does not encroach on or affect public spaces, and does not cause traffic safety.

4.4. When detecting signs of impact on neighboring structures, a survey must be conducted to propose remedial measures; if the impact is at a dangerous level, construction must be stopped, notified, coordinated with local authorities to propose solutions to evacuate people, handle incidents, and must be responsible for compensating for any damage caused. Construction may only be resumed after the incidents have been resolved and appropriate construction solutions have been developed to avoid further incidents.

Provincial People's Committee