IS THERE A PENALTY FOR NOT CONDUCTING A SAFETY ASSESSMENT OF THE PROCESSING WORKSHOP?

Legal situation: My manufacturing facility has been in operation for over 10 years, which falls under the category requiring a safety assessment of the construction as per the law. However, I believe that our facility is still in good condition and shows no signs of deterioration. I would like to ask if I do not proceed with the safety assessment of the manufacturing facility, will I face any penalties? I would appreciate any legal advice.

FDVN’s Opinion:

According to Clause 22 Article 22 Decree 06/2021/ NĐ-CP date 26/01/2021 stipulated  Periodic assessment of safety of construction project (hereinafter referred to as construction safety assessment) refers to the periodic examination and appraisal of the bearing capacity and conditions necessary for safe use and operation of a construction project. According to the information provided, the first safety assessment of your facility was conducted 10 years after the facility was put into operation and used under the law.

Based on point c, clause 2 Article 4 Decree 16/2022/NĐ-CP date 28/01/2022:

“c) Fines mentioned under this Decree apply to organizations (except for fines under Point a, Point b, and Point c Clause 1 Article 24; Point a, Point b, and Point c Clause 1 Article 59, Point a Clause 3 Article 64, Article 65, Clause 1 (except for Point e) Article 70 of this Decree which apply to individuals). Fine imposed on an individual shall equal half of that imposed on an organization for the same violation.”

Besides, based on point d clause 3 and point i clause 4 Article 20 of Decree No.16/2022/ND-CP dated 28/01/2022 

 “3. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on:

d) Failing to organize periodic assessment regarding load-bearing safety, operational safety, or failing to submit said assessment results to the authorities as per the law;

Remedial measures: Mandated organization of load-bearing safety assessment and operational safety assessment or mandated submission of assessment results to the authorities for violations under Point d Clause 3 of this Article;”

In this case, if your company does not conduct periodic safety assessments of construction, it will be fined between 40 to 60 million VND and will be required to conduct periodic safety assessments of construction and submit the results to the competent authority

Lawyer Le Minh Huong – FDVN Law Firm

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