Circular No. 04/2017/TT-BXD on the management of labor safety in construction works.

CIRCULAR

Provisions on occupational safety management

in construction works

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Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on Quality Management and Maintenance of Construction Works;

          Pursuant to Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on Project Management;

          Pursuant to Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government detailing a number of articles of the Labor Safety Law;

          Pursuant to Decree No. 44/2016/ND-CP dated May 15, 2016 of the Government detailing a number of articles of the Labor Safety Law regarding technical safety inspection activities, labor safety training, and workplace environment monitoring;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

          On the proposal of the Director of the National Construction Quality Supervision Agency;

The Minister of Construction issues this Circular on occupational safety management in construction works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates occupational safety management in construction works; organization of implementation for vocational training, enhancement, and examination of technical inspection of machinery, equipment, and materials under the jurisdiction of the Ministry of Construction (hereinafter referred to as machinery, equipment, and materials); guiding declaration, investigation, statistics, reporting, and resolution of accidents involving collapse or fall of machinery, equipment, and materials used in construction works.

2. In addition to the provisions of this Circular, occupational safety management in construction works must comply with the regulations of laws on labor safety and other relevant laws.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in investment and construction activities within the territory of Vietnam and organizations and individuals related to technical safety inspections of machinery, equipment, and materials.

Article 3. Explanation of Terms

1. Occupational safety in construction works is a measure to prevent and mitigate the impact of dangerous factors and harmful elements to ensure that health, injury, and death of people are not reduced, and to prevent accidents causing loss of labor safety during the construction process.

2. Occupational safety management in construction works is the management activity of subjects participating in investment and construction activities in accordance with this Circular and other relevant laws to ensure requirements for labor safety in construction works.

3. is a person with adequate qualifications, skills, and experience trained (trained) and certified with an Inspector Certificate, Inspector Card according to the regulations of the State, the Ministry of National Defense to perform part or all of the motor vehicle inspection tasks. is a person engaged in technical safety inspection of machinery, equipment, and materials who directly implements or directs and supervises the implementation of technical safety inspections of machinery, equipment, and materials.

Chapter II

OCCUPATIONAL SAFETY MANAGEMENT

IN CONSTRUCTION WORKS PROJECTS

Article 4. Responsibilities of contractors for construction works

1. Before commencing construction of the work, the contractor shall organize the preparation and submission to the project owner for approval of a comprehensive plan on occupational safety. This plan will be reviewed periodically or at random to adjust it to suit the actual construction conditions on site. The basic contents of the comprehensive occupational safety plan are specified in Appendix I of this Circular.

2. Organize a department for occupational safety management in accordance with Clause 1, Article 36 of Decree No. 39/2016/ND-CP and implement the comprehensive occupational safety plan for the tasks assigned to them.

3. The main contractor or general contractor is responsible for inspecting occupational safety management in construction works for tasks performed by subcontractors. Subcontractors are responsible for implementing the provisions set forth in this Article for their assigned tasks.

4. Organize the development of specific and detailed construction methods for special tasks with high risks of losing labor safety as prescribed in national technical standards on safety in construction works.

5. Stop construction when a risk of a labor accident or an incident causing loss of labor safety is detected, and take measures to ensure safety before resuming construction.

6. Remediate the consequences of labor accidents or incidents causing loss of labor safety occurring during the construction process.

7. Regularly or randomly report to the project owner on the results of occupational safety management in construction works according to the provisions of the construction contract.

8. Implement other contents as prescribed by laws on labor safety and hygiene.

Article 5. Responsibilities of the Project Owner

1. Approve the comprehensive plan on labor safety during construction work prepared by the contractor and organize inspections to monitor the implementation of the plan by the contractor.

2. Assign and notify the duties and authorities of the labor safety manager according to Clause 2, Article 115 of the Construction Law to the contractors involved in construction work.

3. Organize coordination among contractors to implement labor safety management and resolve issues related to labor safety during construction work.

4. Suspend construction when discovering that the contractor violates regulations on labor safety management, leading to or posing a risk of labor accidents or incidents causing loss of labor safety. Require the contractor to rectify the situation to ensure labor safety before resuming construction.

5. Direct and coordinate with the construction contractor to handle and remedy consequences when labor accidents or incidents causing loss of labor safety occur; report incidents causing loss of labor safety; cooperate with competent authorities to address and investigate incidents involving machinery, equipment, and materials according to Articles 18 and 19 of this Circular; organize the establishment of files for handling incidents involving machinery, equipment, and materials according to Article 20 of this Circular.

6. In cases where the project owner hires a consulting contractor for project management or a supervising contractor for construction work, the project owner has the right to entrust these contractors with one or more responsibilities of the project owner as stipulated in this Article through a construction consultancy contract. The project owner is responsible for monitoring the implementation of the construction consultancy contract, addressing issues related between the project management consulting contractor, the construction supervision contractor, and other contractors and local authorities during construction work.

7. In cases where the design-build-supply-construction contract (EPC) or turnkey contract is applied (hereinafter referred to as the general contractor), the responsibility for labor safety management shall be defined as follows:

a) The project owner has the right to entrust the general contractor with one or more responsibilities of the project owner as stipulated in this Article through a construction contract. The project owner is responsible for inspecting and supervising the implementation of the construction contract and compliance with regulations on labor safety management during construction work by the general contractor;

b) The general contractor shall fulfill the responsibilities assigned by the project owner as stipulated in point a of this clause and fulfill the responsibilities prescribed in Article 4 of this Circular for the tasks performed by itself.

8. The implementation of the provisions set forth in this Article by the project owner does not reduce the responsibility of construction contractors for ensuring labor safety for the tasks they perform.

Article 6. Responsibilities of the Labor Safety Management Department of the Construction Contractor

1. Implement the comprehensive plan on labor safety during construction work approved by the project owner.

2. Guide workers to identify hazardous factors that may cause accidents and preventive measures against accidents on the construction site; require workers to properly and adequately use personal protective equipment during work; inspect and supervise compliance with labor safety requirements by workers; manage the number of workers working on the construction site.

3. When violations of labor safety management regulations or risks of labor accidents or incidents causing loss of labor safety are discovered, take immediate corrective actions and handle them according to internal regulations of the contractor; decide to temporarily suspend construction work that poses a risk of labor accidents or incidents causing loss of labor safety; stop participation in labor for workers who do not comply with technical safety measures or violate regulations on the use of personal protective equipment during construction and report to the site commander.

4. Actively participate in rescue and remediation of labor accidents or incidents causing loss of labor safety; participate in emergency rescue upon request of the project owner, employer, or competent state authority.

Article 7. Responsibilities of workers on construction sites

1. Implement the provisions set forth in Article 17 of the Labor Safety and Health Law.

2. Refuse to perform assigned tasks when they are not safe for labor after reporting to the direct supervisor but the issue remains unaddressed or the contractor does not provide sufficient personal protective equipment as required.

3. Only accept to perform tasks with strict requirements for labor safety and health after receiving training and being issued a labor safety and health card.

Article 8. Inspection of labor safety management during construction works by specialized agencies on construction

1. The inspection content includes compliance with legal regulations on labor safety management by project owners and contractors involved in investment construction activities; the establishment and implementation of comprehensive labor safety plans by project owners and contractors on construction sites.

2. Organization of labor safety inspections during construction works:

a) For construction projects specified in Clause 1, Article 32 of Decree 46/2015/ND-CP, the inspection authority shall be carried out according to the provisions of Clause 2, Article 32 of Decree 46/2015/ND-CP;

b) For remaining projects, the People's Committee at the district level shall organize inspections.

3. The competent authority stipulated in Clause 2 of this Article shall conduct inspections as follows:

a) Inspections according to regular, surprise plans, or joint inspections with the acceptance of construction works according to the provisions of Clause 8, Article 34 of Decree 59/2015/ND-CP;

b) Joint inspections according to the plan of state management agencies on labor.

Article 9. Costs for ensuring labor safety

1. Costs for ensuring labor safety include:

a) Costs for establishing and implementing technical safety measures;

b) Costs for labor safety training; information and propaganda on labor safety;

c) Costs for providing personal protective equipment to workers;

d) Costs for fire prevention and explosion control;

đ) Costs for preventing dangerous factors, harmful factors, and improving working conditions;

e) Costs for responding to accidents causing loss of labor safety, handling emergency situations;

g) Costs for inspecting labor safety work by specialized agencies on construction.

2. Principles for determining costs as stipulated in Clause 1 of this Article are as follows:

a) Costs prescribed in points a, b, c, d, đ, e of Clause 1 of this Article shall be included in the common item cost under other costs in the construction project budget. This cost must be estimated in the tender price, and the contractor may not reduce this cost during the bidding process;

b) Costs prescribed in point g of Clause 1 of this Article shall be determined according to the provisions of Article 14 of Circular No. 26/2016/TT-BXD dated October 26, 2016, issued by the Minister of Construction detailing certain contents regarding quality management and maintenance of construction works.

Chapter III

MANAGEMENT OF MACHINERY, EQUIPMENT, AND MATERIALS WITH STRICT REQUIREMENTS FOR LABOR SAFETY USED IN CONSTRUCTION WORKS

Article 10. Machinery, equipment, and materials with strict requirements for labor safety used in construction works

1. Types of machinery, equipment, and materials specified in Section III of Appendix Ib of Decree 44/2016/ND-CP must be inspected according to the provisions of Clause 1, Article 31 of the Labor Safety and Health Law.

2. In cases where the scope of operation of construction machinery and equipment exceeds the construction site boundary or due to construction conditions, construction equipment must be placed outside the construction site boundary creating a hazardous area that could affect community safety, the construction contractor must establish and submit to the project owner for approval technical measures to ensure safety for people, property, and adjacent structures, report to the local competent authority where the construction work is taking place, and comply with other relevant legal provisions.

3. Organizations conducting technical safety inspections of machinery, equipment, and materials specified in Clause 1 of this Article must be granted, extended, or reissued a Certificate of Qualification for Technical Safety Inspection Activities by the Ministry of Construction.

4. Conditions, documents, and procedures for granting, extending, or reissuing Certificates of Qualification for Technical Safety Inspection Activities are regulated in Articles 4 and 5 of Decree 44/2016/ND-CP.

5. Specialized agencies under the Ministry of Construction (hereinafter referred to as specialized agencies) have the authority to grant or reissue inspection certificates to inspectors performing technical safety inspections of machinery, equipment, and materials specified in Clause 1 of this Article.

6. Documents for applying for granting or reissuing inspection certificates are regulated in Articles 11 and 12 of Decree 44/2016/ND-CP.

Article 11. Forms of organization for training, upgrading, and examination of technical safety inspection business skills

1. Technical safety inspectors conducting technical safety inspections must be trained, upgraded, and examined according to the provisions of Clause 4, Article 9 of Decree No. 44/2016/NĐ-CP and shall be categorized as follows:

a) Group 1: Inspectors conducting technical safety inspections on scaffolding systems; combined beam and column supports; sliding formwork systems; climbing formwork systems; sliding steel formwork systems.

b) Group 2: Inspectors conducting technical safety inspections on drilling machines; pile driving machines with hoisting systems; concrete pumps.

c) Group 3: Inspectors conducting technical safety inspections on tower cranes; construction hoists; suspended platforms used in construction work.

d) Group 4: Inspectors conducting technical safety inspections on underground construction machinery and equipment, including: machinery and equipment in open excavation technologies; machinery and equipment in closed excavation technologies; shield tunneling machinery and equipment; underground construction concrete production machinery.

2. Inspectors must participate in at least one upgrade course on technical safety inspection knowledge during the validity period of their inspector certificate, and the interval between two upgrade courses must not exceed thirty months.

3. At the end of the training and upgrading course on technical safety inspection business skills, inspectors must participate in the examination as stipulated in Clause 3, Article 13 of this Circular.

Article 12. Content of training and enhancement for technical safety inspection business

1. The content of training on technical safety inspection business skills includes theoretical and practical components, which are specified in the framework training and upgrading program for technical safety inspection business skills.

2. The content of upgrading on technical safety inspection business skills:

a) Updating legal documents related to technical safety inspection activities;

c) National technical standards; technical safety inspection procedures; state management information on technical safety inspection activities nationwide;

b) Comprehensive knowledge about machines and equipment used for inspections, skills, experiences, and other necessary contents related to these activities.

3. The Ministry of Construction shall issue the framework training and upgrading program for technical safety inspection business skills.

Article 13. Organization of training, upgrading, examination, and issuance of certificates of completion of training and upgrading programs for technical safety inspection business skills

1. Professional agencies have the responsibility:

a) To select units implementing training and upgrading of technical safety inspection business skills that have been granted by competent authorities a Certificate of Qualification for Safety and Health Training Activities and possess training materials and curricula consistent with the framework training and upgrading program for technical safety inspection business skills;

b) To inspect and approve the plan for organizing training and upgrading of technical safety inspection business skills as stipulated in Clause 2 of this Article;

c) To announce information about organizations implementing training, upgrading, and examination of technical safety inspection business skills on the Ministry of Construction's electronic information website.

2. The plan for organizing training and upgrading of technical safety inspection business skills includes the following contents:

a) Scheduled time and location for organizing the training and upgrading course; expected number of participants;

b) Training materials and curricula for technical safety inspection business skills; list of lecturers participating in the training and upgrading course;

c) Plan for organizing the examination for technical safety inspection business after completing the training and enhancement course.

3. Examination for technical safety inspection business:

a) Examination content for the training course on technical safety inspection business skills includes both theory and practice;

b) Participants must attend at least eighty percent of the prescribed duration in the framework training and upgrading program for technical safety inspection business skills to be eligible for examination;

c) Examination results are evaluated on a scale of one hundred points, with a maximum of fifty points for theory and fifty points for practice. Participants meet the requirements if they achieve a score of eighty points or higher, with a minimum of forty points required for both theory and practice;

d) In cases where technical safety inspectors do not participate in the upgrading course on technical safety inspection business skills or participate but fail to meet the examination requirements as stipulated in Point c of this Clause, professional agencies will consider not issuing or extending the inspector certificate for corresponding machines, equipment, and materials at the next opportunity.

4. Units implementing training and upgrading of technical safety inspection business skills shall issue Certificates of Completion of the training and upgrading course for technical safety inspection business skills according to the model specified in Appendix II attached to this Circular.

Article 14. Responsibilities of Units Implementing Training and Professional Development for Technical Safety Inspection

1. Develop training materials and curricula that are consistent with the framework training and professional development program for technical safety inspection, suitable to the characteristics of the inspected objects and practical requirements.

2. Establish and strictly implement plans and regulations on training, professional development, and examination.

3. Ensure adequate material conditions and human resources to serve training, professional development, theoretical examination, and practical examination activities.

4. Charge fees for training, professional development, and examination for technical safety inspection and bear responsibility for compensating training and professional development costs for trainees in cases where the unit fails to conduct training and professional development as stipulated in this Circular.

5. Store records and documents related to training, professional development, and examination for technical safety inspection in accordance with legal provisions.

Article 15. Forms, Contents, and Codes of Certificates of Eligibility for Technical Safety Inspection Activities and Inspector Certificates

1. The form and content of the Certificate of Eligibility for Technical Safety Inspection Activities are prescribed in Appendix Ia of Decree 44/2016/ND-CP; the form and content of the Inspector Certificate are prescribed in Appendix Ic of Decree 44/2016/ND-CP.

2. Codes of the Certificate of Eligibility for Technical Safety Inspection Activities and Inspector Certificates:

a) The Certificate of Eligibility for Technical Safety Inspection Activities consists of two groups of symbols, one in letters and one in numbers, connected by a hyphen (-). The group of letter symbols is marked as "CNATXD", while the group of number symbols includes the first two digits representing the year issued and the next four digits indicating the certificate sequence number.

Example: CNATXD - 17.0028

b) The Inspector Certificate consists of two groups of symbols, one in letters and one in numbers, connected by a hyphen (-). The group of letter symbols is marked as "KĐATXD", while the group of number symbols includes the first two digits representing the year issued and the next four digits indicating the inspector certificate sequence number.

Example: KĐATXD - 17.0026

Article 16. Publishing Information on the Ministry of Construction's Electronic Information Website

1. The content of information published about organizations granted the Certificate of Eligibility for Technical Safety Inspection Activities includes:

a) Name, address, and code of the technical safety inspection organization;

b) List of types of machinery, equipment, and materials that have been granted the Certificate of Eligibility for Technical Safety Inspection Activities;

c) Issuance date and expiration date of the Certificate of Eligibility for Technical Safety Inspection Activities;

d) Violations committed by the technical safety inspection organization (if any).

2. The content of information published about inspectors includes:

a) Full name, inspector code, citizen identification card/citizen identity card number;

b) List of machinery, equipment, and materials eligible for technical safety inspection activities;

c) Issuance date and expiration date of the inspector certificate;

d) Violations committed by the inspector (if any).

Chapter IV

DECLARATION, INVESTIGATION, REPORTING AND RESOLUTION OF INCIDENTS CAUSING WORKPLACE SAFETY VIOLATIONS IN CONSTRUCTION PROJECT IMPLEMENTATION

Article 17. Accidents causing loss of workplace safety during construction of works

1. Accidents causing loss of workplace safety during construction of works are classified as follows:

a) Construction accidents as defined in Clause 34, Article 3 of the Construction Law occurring during the construction of works;

b) Accidents involving collapse, fall of machinery, equipment, and materials used during the construction of works (hereinafter referred to as machinery, equipment, and material accidents). (hereinafter referred to as machinery, equipment, material incidents).

2. The reporting, investigation, and resolution of accidents during the construction of works shall be regulated as follows:

a) For the accident mentioned in point a, Clause 1 of this Article, the reporting, investigation, and reporting of construction accidents shall be carried out in accordance with Decree No. 46/2015/NĐ-CP.

b) For the accident mentioned in point b, Clause 1 of this Article, the reporting, investigation, and reporting of accidents shall be carried out in accordance with the provisions of this Circular.

3. In cases where workplace accidents occur during the construction of works but are not caused by the accidents mentioned in Clause 1 of this Article, the reporting, investigation, and reporting shall be carried out in accordance with the laws on workplace safety and hygiene.

Article 18. Resolution of machinery, equipment, and material accidents

1. When a machinery, equipment, or material accident occurs, the project owner shall promptly report it to the People's Committee of the commune where the accident occurred using the form prescribed in Appendix III of this Circular. Upon receiving the information, the People's Committee of the commune must immediately report to the People's Committee of the district, the People's Committee of the province, the specialized agency for construction, and related organizations to promptly organize the resolution of the accident.

2. In addition to the reporting required under Clause 1 of this Article, machinery, equipment, and material accidents causing loss of workplace safety resulting in death or serious injury to two or more people shall also be reported in accordance with the laws on workplace safety and hygiene.

3. The project owner and the construction contractor have the responsibility to comply with the provisions of Article 19 of the Workplace Safety and Hygiene Law and take timely measures to search for, rescue, ensure safety for people and property, limit and prevent further dangers; organize protection of the accident scene and carry out reporting in accordance with Clauses 1 and 2 of this Article.

4. The People's Committees at all levels shall direct and support relevant agencies to organize rescue forces, protect the accident scene, and perform other necessary tasks during the resolution of the accident.

5. The agency specified in Clause 1 of Article 19 of this Circular has the responsibility:

a) To inspect the accident scene, check the reporting and resolution of the accident by the project owner and construction contractors in accordance with this Article;

b) To consider and decide to stop or temporarily suspend the use of machinery, equipment, and materials; stop or temporarily suspend construction of work items, part or all of the work depending on the extent and scope of the impact of the accident;

c) To consider and decide on the demolition and cleanup of the accident scene based on ensuring safety for people, property, works, and adjacent works. The accident scene must be photographed, filmed, evidence collected, and necessary records made to serve the investigation to determine the cause and establish the machinery, equipment, and material accident file before demolition and cleanup;

d) To notify the results of the investigation of the cause of the machinery, equipment, and material accident to the project owner and other related subjects; requirements that the project owner or related parties must implement to resolve the machinery, equipment, and material accident;

đ) To handle the responsibility of related parties in accordance with the law.

6. The project owner, construction contractor, or owner, manager, and user of machinery, equipment, and materials have the responsibility to resolve machinery, equipment, and material accidents to meet safety requirements before resuming construction.

7. Organizations and individuals causing machinery, equipment, and material accidents have the responsibility to compensate for losses and costs for resolving the accident. Depending on the nature, degree, and scope of impact, they may also be subject to other legal regulations.

Article 19. Investigation of incidents involving machinery, equipment, and materials

1. Authority to investigate incidents involving machinery, equipment, and materials:

a) The Ministry of Construction, along with specialized ministries managing construction projects, shall take the lead in guiding and investigating serious incidents causing severe consequences, or incidents as proposed by the People's Committee of a province or assigned by the Prime Minister;

b) The People's Committee of a province shall take the lead in investigating incidents leading to loss of life or serious injury to two or more people occurring within its jurisdiction;

c) The People's Committee of a district shall take the lead in investigating incidents in other cases.

2. The authority specified in Clause 1 of this Article shall establish an Incident Investigation Team to determine the cause of the incident. The Incident Investigation Team shall include representatives from specialized agencies on construction, relevant agencies, and experts in related technical fields. If necessary, the agency leading the investigation may designate a consulting organization to determine the cause of the incident and propose solutions for remediation.

3. Content of the investigation to determine the cause of incidents involving machinery, equipment, and materials:

a) Collecting relevant files, documents, technical parameters, and conducting specialized tasks to determine the cause;

b) Evaluating the safety level of machinery, equipment, materials, and affected construction projects and nearby projects (if any) following the incident;

c) Assigning responsibility to organizations and individuals involved;

d) Preparing a file to determine the cause of the incident, including: An investigation report determining the cause of the incident and related documents during the process.

4. The project sponsor is responsible for temporarily funding the organization of the investigation to determine the cause of the incident. After determining the cause of the incident and assigning responsibility, the organization or individual causing the incident must bear the cost of organizing the investigation to determine the cause of the incident. In cases where the incident occurs due to force majeure, the responsibility for paying the costs of organizing the investigation to determine the cause of the incident shall be carried out according to the provisions of the construction contract.

Article 20. File for handling incidents involving machinery, equipment, and materials

The project sponsor is responsible for organizing the establishment of an incident file involving machinery, equipment, and materials, which includes the following contents:

1. On-site inspection record: name, location of the affected construction project, construction project damaged by the incident caused by machinery, equipment, and materials; technical parameters, machine history, equipment, material that was faulty; current status of the affected construction project, initial description and development of the incident; preliminary information about human and material losses; cause of the incident.

2. Documents related to design and construction of the affected construction project.

3. File on investigation of the cause of the incident; handling of organizations and individuals involved; measures to address the incident.

4. Documents related to the process of resolving the incident.

Article 21. Handling of organizations and individuals violating labor safety management in construction works

1. When violations of labor safety management in construction works by participating organizations and individuals are discovered, the competent authority as stipulated in Clause 2 of Article 8 of this Circular shall have the responsibility:

a) To require organizations and individuals involved to rectify the violations;

b) If necessary, prepare a record and send it to the competent authority for handling according to the regulations on administrative violation handling in construction activities and administrative violation handling in the field of labor safety and hygiene. The competent authority shall handle the violation according to the law and notify the result of the handling to the specialized agency on construction;

c) Publicize the names and acts of violation of participating organizations and individuals in investment and construction activities on the electronic information website of the competent authority as stipulated in Clause 1 of this Article;

d) Temporarily stop using machinery, equipment, and materials if there is a risk of work accidents, incidents involving machinery, equipment, and materials affecting community safety, construction projects, and nearby projects.

2. The authority specified in Clause 1 of this Article shall organize inspections of the rectification efforts of the project sponsor and contractors when necessary; decide in writing to allow continued use of machinery, equipment, and materials after the project sponsor and contractors submit reports on the rectification of existing issues, ensuring requirements for labor safety in construction works.

Chapter V

IMPLEMENTATION

Article 22. Responsibilities of the Ministry of Construction

1. To develop, promulgate, and guide and inspect the implementation of legal provisions on labor safety management during construction works within its authority.

2. To develop national standards and establish and promulgate national technical regulations on labor safety in accordance with Clause 5, Article 39 of Decree No. 39/2016/NĐ-CP.

3. To develop and promulgate inspection procedures and guide and inspect technical safety inspection activities for machinery, equipment, and materials under its management authority.

4. To organize training, capacity building, and examination of inspection business for machinery, equipment, and materials under its management authority.

5. To issue, renew, reissue, revoke Certificates of Eligibility for Technical Safety Inspection Activities and issue, reissue inspection certificates for inspectors under its management authority, and publish such information on the Ministry of Construction’s electronic information website.

6. To guide and inspect the implementation of declarations, investigations, reports, and resolution of incidents involving machinery, equipment, and materials; to guide and inspect and handle violations of labor safety by subjects participating in investment and construction activities; to update information on subjects violating labor safety during construction work on the Ministry of Construction’s electronic information website.

7. The Ministry of Construction shall assign the State Construction Quality Supervision Agency to be the specialized agency responsible for assisting the Minister of Construction in managing labor safety during construction works.

Article 23. Responsibilities of Provincial People's Committees

1. To guide the implementation of regulatory legal documents on labor safety management during construction works within their jurisdiction.

2. To guide, inspect, and handle violations of labor safety by subjects participating in investment and construction activities within their jurisdiction; to update information on subjects violating labor safety during construction work within their jurisdiction and report such information to the Ministry of Construction for publication on the Ministry of Construction’s electronic information website.

3. To conduct investigations to determine the causes of incidents involving machinery, equipment, and materials in accordance with Article 19 of this Circular.

4. To compile and report to the Ministry of Construction on labor safety management during construction works within their jurisdiction before December 15 each year and submit ad hoc reports when required according to the model specified in Appendix IV of this Circular.

5. To delegate and classify responsibilities for state management of labor safety during construction works within their jurisdiction to specialized agencies under their management authority.

Article 24. Effective Date

1. This Circular takes effect from May 15, 2017, and replaces Circular No. 22/2010/TT-BXD dated December 3, 2010, issued by the Minister of Construction on labor safety in construction works.

2. During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for study and resolution./.