Nghe An tightens management of construction order in the area.

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

To strengthen management, restore order and discipline in construction investment, rectify unsafe conditions, and prevent potential accidents during construction projects in the province in the coming period, ensuring the safety of people and property of the people, workers, and project investors themselves, the Provincial People's Committee requests all sectors and levels to enhance their role and responsibility in state management, maximize their functions, tasks, and authority in managing construction order according to the law, ensure labor safety, strengthen supervision and inspection, and resolutely and proactively handle violations in construction; at the same time, it requests state management agencies and relevant entities involved in construction activities to seriously implement the following contents:

1. Department of Construction:

1.1. Responsible for directing and supervising the state management of construction order and safety throughout the province; Requiring specific assignment of responsibilities to individual leaders and directing subordinate specialized units to strengthen inspection, review, timely detection, and strict handling of violations of construction order and construction safety in the province;

1.2. Improve the quality of planning and design appraisal for construction projects, ensuring strict control over technical design and construction, including construction methods and safety measures for investment projects, paying particular attention to the use of tower cranes; strictly control the acceptance and commissioning of construction projects in accordance with regulations.

1.3. Directing, guiding, and training the People's Committees of Vinh City and the districts and towns on construction management and construction order management; strengthening inspection, promptly detecting and strictly handling cases 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 some articles of the Law on Construction on handling violations of construction order and other relevant current legal regulations;

1.4. Annually, inspection teams are dispatched to review the state management work of localities regarding the assurance of construction order and safety, with particular focus on high-rise buildings, buildings with basements, underground structures, and construction projects 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 permits, and handling of construction order violations, in accordance with the actual conditions of the locality and in compliance with current legal regulations, for guidance and management. Compile and report to the Provincial People's Committee the results of the implementation of construction order management and labor safety in construction in the province periodically every 3 months, 6 months, one year, or on an ad hoc basis when requested.

2. Relevant departments and agencies:

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

- Strengthen guidance and supervision of the inspection of technical safety inspections for machinery, equipment, and materials with strict safety requirements, especially tower cranes, in accordance with regulations; Receive usage declaration documents, promptly inspect and issue certificates to organizations and individuals as required. Supervise all levels and sectors during construction and use to ensure safety and compliance with regulations.

- Inspect and supervise the operation of tower crane inspection services in the area and the activities of inspection organizations (including branches and member units of the organizations) located in the area, in accordance with regulations.

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

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

2.4. The Provincial Police Department directs the district and commune-level police departments to coordinate with construction order management forces and local authorities in implementing the requirements of the Decision to suspend construction of the project; and the Decision to forcibly demolish the violating construction project issued by the competent authority in accordance with the provisions of Government Decree No. 180/2007/ND-CP dated December 7, 2007 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 projects violating construction regulations must strictly comply with the requirements in the Decision to suspend construction and the Decision to enforce demolition issued by the competent authority (as stipulated in Clause 2, Article 9, Decree No. 180/2007/ND-CP of the Government).

3. People's Committees of Vinh City, districts, and towns:

3.1. Responsible for managing construction activities in the area, ensuring compliance with legal regulations on planning, construction investment management, and construction safety for all construction projects (including projects with and without construction permits);

3.2. Improve the quality of planning and design appraisal for construction projects, and construction permit issuance according to the assigned responsibilities, ensuring strict control over technical design and construction, including construction methods and labor safety solutions for construction investment projects; strictly control the acceptance and commissioning of construction projects in accordance with regulations.

3.3. Strengthen inspections of construction order in the area, ensuring that all violations are detected early and resolutely handled in accordance with the provisions of Government Decree No. 180/2007/ND-CP and current regulations; promptly suspend construction and apply preventive measures to violations from the very beginning, when the investor does not have a construction permit or has not completed the required procedures (for cases exempt from construction permit requirements); Strictly enforce the removal of equipment and demolition of violating structures in accordance with the law.

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

3.5. Enhance the effectiveness and efficiency of construction order management at all levels of local government; Strengthen the supervision and direction of the Chairpersons of the People's Committees of communes, wards, and towns to organize widespread dissemination of legal regulations on construction activities to the people and organizations; Raise community awareness and understanding of compliance with construction order; Consolidate and improve the capacity of officials and civil servants responsible for construction order management in communes, wards, and towns; Disseminate and train leaders and management officials at all levels on construction management.

3.6. Assign and specify concrete responsibilities for each organization, leader, and individual in construction management within the locality; resolutely conduct reviews and discipline relevant organizations and individuals involved in issuing construction permits contrary to regulations, allowing violations of construction order and labor safety during construction without taking action or taking action in a timely manner; be accountable to the Chairman of the Provincial People's Committee for failing to detect, strictly and promptly handle violations of construction order laws within their managed area.

3.7. Immediately inspect construction projects using tower cranes in the area. If it is found that the cranes lack certified inspection by the Department of Labor, War Invalids and Social Affairs, or if any part of the tower crane, whether operating or not, extends beyond the project land allocated to the investor, or if the area below the tower crane's operating range surrounds a residential area or community activity site, its use must be immediately suspended (by November 30, 2016) and the investor required to dismantle it promptly (by December 25, 2016). If the investor fails to comply, construction will be suspended, and appropriate enforcement measures will be applied. Report the results to the Provincial People's Committee before December 30, 2016.

4. For the project owner:

4.1. The contractor shall bear full responsibility for the construction project, strictly comply with all legal regulations regarding investment and construction, labor safety, direct the construction contractor, and be responsible for any violations by the contractor (if any).

4.2. Construction may only commence when all conditions stipulated in Article 72 of the Construction Law have been met (including: availability of the construction site; a construction permit for projects requiring one; approved construction drawings; safety and environmental sanitation measures; a construction contract; etc.). In cases where a construction permit is not required, the local authorities must be notified and verified to ensure all safety, sanitation, and environmental conditions are met before construction can commence. Deliberate violations will result in construction suspension, severe penalties, and full legal responsibility for the investor.

4.3. Regularly monitor and inspect the implementation of construction methods and safety measures by the construction contractor; strictly comply with all technical regulations and laws on safety in construction. In particular, pay attention to:

- For basement and underground construction, construction methods must ensure the safety of existing structures surrounding the construction site, and a commitment in accordance with regulations must be provided.

- The scaffolding system must ensure safety in accordance with procedures, regulations, and technical guidelines; stability, load-bearing capacity, and acceptance testing must be carried out as required; safety levels must be regularly inspected and assessed during use.

-When using tower cranes, safety must be ensured. The type of crane must be suitable for the construction site, convenient for construction work, inspected before use, and periodically inspected during use. All parts of the tower crane, whether operating or not, must not extend beyond the boundaries of the project land allocated to the investor. In particular, tower cranes must absolutely not be used if there are residential areas or areas with community activities around the construction site.

- Ensure that construction work does not affect the surrounding area, does not damage the area's technical infrastructure, does not encroach upon or affect public spaces, and does not compromise traffic safety.

4.4. Upon detecting any signs of impact on neighboring structures, a survey must be conducted to determine remedial measures; if the impact is dangerous, construction must be stopped, notification and coordination with local authorities must be carried out to implement evacuation measures and address the incident, and the contractor must be responsible for compensating all damages caused. Construction may only resume after all incidents have been rectified and appropriate construction solutions are in place to prevent further incidents.

Provincial People's Committee