PROCEDURE FOR IMPLEMENTING STRUCTURAL SAFETY ASSESSMENT

The procedure for implementing a structural safety assessment is stipulated in Decree No. 06/2021/ND-CP dated January 26, 2021, which details several aspects of quality management, construction, and maintenance of construction works.

Specifically, the procedure includes the following steps:

Step 1: Prepare and approve the safety assessment outline.

Responsibilities of the owner or the entity managing and using the construction work:

- The owner or the entity managing and using the construction work is entitled to carry out the safety assessment themselves if they meet the competency requirements or to hire a qualified inspection organization to conduct the safety assessment of the construction work.

- They must hand over the relevant documents and materials for the safety assessment to the inspection organization as a basis for preparing the safety assessment outline. These documents include the maintenance records, the construction design drawings, as-built drawings, equipment installation records, and any other necessary documents for the safety assessment. In cases where the documents are missing or insufficient, the owner or the entity managing and using the construction work is responsible for hiring a qualified organization to conduct a survey and prepare as-built documentation for the construction work to facilitate the safety assessment.

- Organizing the review and approval of the safety assessment plan.

Responsibilities of the safety assessment organization:

- Prepare the safety assessment plan in accordance with technical regulations, applicable standards, and contractual agreements, and submit it to the owner or the manager/user of the construction work for approval.

Step 2: Conducting the Safety Assessment of the Construction Work.

Responsibilities of the safety assessment organization:

- Conduct the safety assessment of the construction work in accordance with the approved plan;

- Prepare a safety assessment report and submit it to the owner or the manager/user of the construction work as required;

- Be responsible for the quality of the safety assessment work performed. The owner's or manager/user's acknowledgment of the safety assessment report does not replace or reduce the responsibility of the safety assessment organization for the assessment work conducted.

Responsibilities of the owner or manager/user of the construction work:

- The owner or manager/user of the construction work shall supervise the implementation of the safety assessment process, verify the completed safety assessment work, and review the conformity of the safety assessment report with the approved safety assessment plan and the contractual terms to confirm the safety assessment results.

- If the safety assessment report does not meet the required standards, the owner or manager/user of the construction work shall send a written notice to the assessment organization, specifying the deficiencies that need to be addressed through a reassessment or supplementary evaluation.

Step 3: Preparing the safety assessment report.

Responsibilities of the safety assessment organization:

- Prepare the safety assessment report and submit it to the owner or manager/user of the construction work as required;

- Be responsible for the quality of the safety assessment work performed. The owner's or manager/user's confirmation of the safety assessment report does not replace or diminish the responsibility of the assessment organization for the safety assessment work conducted.

Responsibilities of the owner or manager/user of the construction work:

- If the construction work is your company’s headquarters, office, or any multifunctional or mixed-use building classified as a Grade I construction or higher, one copy of the safety assessment report must be submitted to the People's Committee of Da Nang City.

- The safety assessment documents must be stored in the file for construction maintenance purposes.

Step 4: Submission of the report to the Provincial People's Committee for construction works located within the province for review and feedback on the safety assessment results:

Within 14 days from the date of receipt of the safety assessment report from the owner or manager/user of the construction work, the competent state authority shall review the report and provide feedback to the owner or manager/user of the construction work as follows:

- The authority may approve the safety assessment report and require the owner or manager/user of the construction work to implement the recommendations provided by the safety assessment organization to ensure the construction meets safety requirements;

-  Disapproval of the Safety Assessment Report: If the implementation and results of the report do not meet the required standards, the authority may disapprove the safety assessment report and require the owner or manager/user of the construction work to arrange for a reassessment or supplementary assessment.

- In the event that the safety assessment results indicate that the construction does not meet safety conditions, the owner or manager/user of the construction work is required to comply with the provisions of Article 40 of Decree No. 06/2021/ND-CP dated January 26, 2021. Specifically, the owner of the construction is responsible for:

a) Re-checking the current condition of the construction;

b) Organizing a quality inspection of the construction (if necessary);

c) Deciding on emergency measures such as restricting the use of the construction, halting the use of the construction, cordoning off hazardous areas, relocating people and property to ensure safety if the construction is at risk of collapse;

d) Immediately reporting to the nearest local authority;

e) Repairing any damage that may affect the safety of use, operational safety of the construction, or demolishing the construction if necessary.

It is important to note that when hiring a safety assessment organization, the organization must be a qualified inspection entity that meets the competency requirements as stipulated in Clause 1, Article 97 of Decree No. 15/2021/ND-CP. Specifically, the organization must satisfy the conditions corresponding to the following competency levels:

a) Grade I:

- The individual responsible for leading the construction inspection must meet the conditions for Grade I construction inspection practice.

- Individuals participating in the construction inspection must have the appropriate expertise and qualifications relevant to construction inspection tasks.

- Must have conducted construction inspections for at least one project of Grade I or higher, or two projects of Grade II or higher of the same type.

b) Grade II:

- The individual responsible for leading the construction inspection must meet the conditions for Grade II or higher construction inspection practice.

- Individuals participating in the construction inspection must have the appropriate expertise and qualifications relevant to construction inspection tasks.

- Must have conducted construction inspections for at least one project of Grade II or higher, or two projects of Grade III or higher of the same type.

c) Grade III:

- The individual responsible for leading the construction inspection must meet the conditions for Grade III construction inspection practice.

- Individuals participating in the construction inspection must have the appropriate expertise and qualifications relevant to construction inspection tasks.

Additionally, the scope of operation for these organizations is as follows:

a) Grade I: Authorized to conduct construction inspections for all grades of projects of the same type. 

b) Grade II: Authorized to conduct construction inspections for projects of Grade II or lower of the same type. 

c) Grade III: Authorized to conduct construction inspections for projects of Grade III or lower of the same type.

- By FDVN Lawyers -

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