Circular No. 22/2010/TT-BXD on occupational safety in construction works

CIRCULAR

Provisions on occupational safety in construction works

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Pursuant to the Construction Law dated November 26, 2003;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government Decree No. 12/2009/NĐ-CP dated February 12, 2009 on project management for investment in construction works,

The Ministry of Construction hereby stipulates provisions on occupational safety in construction works as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

These Circulars stipulate occupational safety in construction works including: construction and installation of equipment for new construction works, repair, renovation, relocation, maintenance, and restoration; demolition of construction works; warranty and maintenance of construction works.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

These Circulars apply to organizations and individuals, both domestic and foreign, who are investors in construction works; contractors in construction works and workers at construction sites within the territory of Vietnam.

Article 2. Interpretation of Terms

The terms used in this Circular shall be understood as follows:

1. Occupational safety in construction works: is a system of measures concerning organization and management, operation on construction sites aimed at improving working conditions and preventing accidents in construction works.

2. Investor in construction works: is the person owning capital or the person entrusted with managing and using capital to invest in construction works.

3. Contractor in construction is an organization or individual engaged in construction consulting and construction activities that have the necessary conditions for construction business capacity and construction profession when participating in contractual relations in construction activities.

4. General contractor in construction is the contractor who directly enters into a contract with the investor in construction works to undertake the entire work of a type or all works of the investment project in construction works.

5. Main contractor in construction activities is the contractor who directly enters into a contract with the investor in construction works to perform the main part of a type of work in the investment project in construction works.

6. Subcontractor in construction activities is the contractor who enters into a contract with the main contractor or general contractor to perform a portion of the work of the main contractor or general contractor.

7. Construction site is the construction area where there are construction works, auxiliary works, and technical infrastructure works.

Chapter II

REQUIREMENTS FOR SAFETY IN CONSTRUCTION WORKS

Article 3. General requirements for construction sites

Construction sites must meet the following requirements:

1. The overall layout of the construction site must be designed and approved according to regulations, suitable for the location of construction, the area of the construction site, the natural climatic conditions of the construction site, ensuring convenience for construction work, safety for people, machinery, and equipment on the construction site and surrounding areas affected by construction.

2. Materials must be neatly arranged according to the approved overall layout design. Obstacles such as materials and objects must not obstruct traffic routes, escape routes, and fire exits. Warehouses storing flammable and explosive materials must not be located near construction sites and worker camps. Waste materials must be cleaned up and disposed of in designated locations. Drainage systems must be regularly maintained to ensure the construction site remains dry.

3. Warning signs must be displayed according to Article 74 of the Construction Law. At the main entrance gate, there must be a layout plan of the construction site and rules posted. Safety measures and safety rules must be publicized and made known to everyone on the construction site; dangerous positions on the construction site such as trenches, foundation pits, and manholes must be fenced off, marked with warning signs, and accompanied by instructions to prevent accidents; night lighting signals must be provided.

4. Electrical safety:

a) Power supply networks and lighting networks on the construction site must be separate; there must be main circuit breakers and sectional circuit breakers capable of cutting power to part or all of the construction area;

b) Workers, machines, and equipment on the construction site must be ensured electrical safety. Electrical equipment must be properly insulated during construction;

c) Those involved in construction must be instructed on electrical safety techniques and know how to provide first aid to those electrocuted in case of electrical accidents.

5. Fire and explosion safety:

a) The general contractor or investor (in cases without a general contractor) must establish a fire and explosion prevention command post on the construction site, with operational regulations and specific assignments and levels;

b) Fire and explosion prevention plans must be reviewed and approved according to regulations. Contractors must organize fire and explosion prevention teams, with specific assignments and levels and accompanying operational regulations;

c) Portable firefighting equipment must be placed on the construction site. At locations prone to fires, no-smoking signs and firefighting and alarm devices must be installed to ensure timely detection and response in case of fire;

6. Other requirements as prescribed by relevant laws;

7. For projects with foreign investment or construction works involving foreign contractors, safety regulations must be expressed in both Vietnamese and the foreign language.

Article 4. Requirements for Construction Work

When carrying out construction work, the following requirements must be met:

1. Prior to commencing construction work, there must be a construction method design that has been approved, which must include solutions ensuring labor safety for workers and construction machinery and equipment for each task. The construction method design must also contain technical explanations and instructions on implementation.

2. Construction work must comply with the approved design, adhere to standards, specifications, and technical procedures. For tasks that depend on the quality of preceding work, construction can only commence when the preceding work has been inspected and found to meet quality requirements as stipulated.

3. Construction methods and safety measures must be reviewed periodically or at random to adjust them to suit the actual conditions of the construction site.

4. Organizations and individuals must have the necessary qualifications suitable for the work they undertake according to regulations. Those who operate construction machinery and equipment and those performing tasks with strict labor safety requirements must undergo labor safety training and obtain a labor safety card as prescribed.

5. Construction machinery and equipment with strict labor safety requirements must be inspected and registered with the competent authority as prescribed before being allowed to operate on the construction site. During operation, such machinery and equipment must comply with safety procedures and measures.

In cases where construction equipment operates beyond the construction site boundary, the project owner must approve safety measures for people, machinery, equipment, and structures inside and outside the construction site affected by the construction work.

In cases where due to construction conditions, equipment must be placed outside the construction site boundaries and during non-operational periods if construction equipment extends beyond the construction site boundaries, permission from the competent authority according to local regulations must be obtained.

6. Individuals participating in construction work on the construction site must undergo health examinations, receive safety training, and be provided with personal protective equipment in accordance with labor laws.

Chapter III

RESPONSIBILITIES OF SUBJECTS FOR SAFETY IN CONSTRUCTION WORK OF PROJECTS

Article 5. Responsibilities of the Project Owner for Construction Work

The project owner for construction work is responsible for:

1. Establishing a specialized or concurrent department to inspect the implementation of labor safety regulations by the construction contractor on the construction site.

2. Selecting contractors with the necessary qualifications suitable for the work they undertake according to construction laws.

3. Temporarily suspending construction and requiring the contractor to rectify any violation of labor safety regulations discovered. If the contractor fails to rectify the violation, the project owner must halt construction or terminate the contract.

4. Cooperating with the contractor to handle and rectify incidents or labor accidents, while reporting to relevant authorities on the labor safety situation of the project and works as required by labor laws.

Article 6. Responsibilities of Construction Contractors

Construction contractors, including general contractors, main contractors, and sub-contractors on the construction site, shall be responsible for:

1. Establishing and approving construction method designs, which clearly specify safety measures for people, machinery, equipment, and the construction project. Regularly or unexpectedly inspect actual developments on the construction site to adjust construction methods and labor safety measures accordingly.

2. Selecting and deploying technical workers on the construction site with appropriate training, sufficient professional capacity, and adequate health according to the law. At the same time, provide full personal protective equipment for workers.

3. Establishing a network and department to manage labor safety work on the construction site; simultaneously specifying tasks and responsibilities for individuals managing labor safety during the construction process.

4. Organizing training and instruction on safety for the labor safety team and workers under their management as prescribed.

5. Inspecting compliance with labor safety regulations according to approved methods, adhering to relevant technical standards and norms.

6. Leading and coordinating with the project owner to address consequences, report, investigate, and record incidents when construction accidents occur on the construction site.

7. Implementing inspection, registration (if applicable), maintenance of machinery and equipment to ensure safety for workers and the construction project as prescribed.

Article 7. Responsibilities of Project Management Board or Project Management Consultant and Construction Supervision Consultant

The Project Management Board or Project Management Consultant and Construction Supervision Consultant shall be responsible for:

1. Monitoring the contractor's implementation of construction methods and safety measures that have been approved; adhering to technical safety norms during construction.

2. Informing the project owner about potential risks that may affect safety during construction to develop solutions and adjust construction methods appropriately.

3. Inspecting and reporting to the project owner to handle violations, stop construction, and require rectification when contractors violate safety regulations on the construction site.

Article 8. Coordination Relationships between the Project Owner, General Contractor or Main Contractor, and Subcontractor

1. In cases where there is a general contractor or main contractor on the construction site

In cases where there is a general construction contractor, EPC general contractor, turnkey general contractor, or only a main contractor (hereinafter referred to collectively as the general contractor) on the construction site, the responsibilities and relationships among the parties are as follows:

a) The project owner organizes supervision of the general contractor's implementation of safety measures and checks the general contractor's management and supervision of sub-contractors on the construction site;

b) For construction sites with multiple sub-contractors participating in construction, the general contractor must establish a common safety management department to inspect, supervise, and manage safety and environmental protection work for sub-contractors on the construction site;

c) The general contractor is fully responsible for managing the progress of construction between the general contractor and sub-contractors as well as the progress of implementation between sub-contractors, ensuring no overlap in work execution by contractors that causes safety hazards to workers, machinery, equipment, and the construction project;

d) The general contractor has the responsibility to organize inspections of the implementation of construction methods and safety measures by sub-contractors. The general contractor has the right to temporarily suspend or halt construction when sub-contractors violate safety regulations on the construction site;

đ) Sub-contractors establish and approve construction methods and safety measures for the work they undertake. Approval must be preceded by agreement from the general contractor;

e) Sub-contractors are responsible for supervising the implementation of safety measures for the work they undertake; at the same time, they are subject to the management, supervision, and inspection of the general contractor regarding the implementation of progress, construction methods, and safety measures on the construction site;

2. In cases where there are multiple main contractors on the construction site

In cases where there is no general construction contractor, EPC general contractor, or turnkey general contractor on the construction site but only main contractors, the responsibilities and relationships among the parties are as follows:

a) The project owner organizes inspections of the implementation of safety measures by main contractors; checks the management and supervision of main contractors over sub-contractors on the construction site;

b) For construction sites with multiple main contractors participating in construction, the project owner must establish a common safety management department to inspect, supervise, and manage safety and environmental protection work for main contractors on the construction site;

c) The project owner is responsible for managing the progress of construction between main contractors; main contractors are responsible for managing the progress of construction between themselves and sub-contractors as well as the progress of implementation between sub-contractors, ensuring no overlap in work execution by contractors that causes safety hazards to workers, machinery, equipment, and the construction project;

d) The project owner has the responsibility to organize inspections of the implementation of construction methods and safety measures by main contractors. The project owner has the right to temporarily suspend or halt construction when main contractors violate labor safety regulations on the construction site;

đ) Main contractors are responsible for establishing and approving safety measures for the work they undertake; approval must precede agreement from the project owner;

e) Main contractors are responsible for organizing inspections of the implementation of construction methods and safety measures by sub-contractors. Main contractors have the right to temporarily suspend or halt construction when sub-contractors violate safety regulations on the construction site;

f) Sub-contractors establish and approve construction methods and safety measures for the work they undertake; approval must precede agreement from the main contractor;

g) The subcontractor is responsible for supervising safety measures for works carried out by itself; at the same time, it must be subject to the direction, supervision, and inspection of the main contractor regarding the progress of work, construction methods, as well as safety measures on the construction site.

Article 9. Rights and responsibilities of workers on construction sites

Workers on construction sites have the following rights and responsibilities:

1. Have the right to refuse to perform assigned tasks when they see that labor safety is not guaranteed, after reporting to the direct supervisor but still no corrective action or handling has been taken, or the contractor does not provide sufficient personal protective equipment as required.

2. Only undertake tasks that are consistent with their trained specialty. Fully comply with all regulations and internal rules related to labor safety concerning the assigned tasks and duties.

3. Workers performing tasks with strict requirements for labor safety must undergo labor safety training and obtain a labor safety card as prescribed.

Article 10. Responsibilities of personnel engaged in safety work for contractors

1. Personnel engaged in safety work shall implement daily inspection systems on the construction site according to the contractor's regulations. During inspections, if violations of labor safety or potential accidents are discovered, work must be immediately halted, and the contractor must be directly reported for consideration and handling, or the person in charge of the relevant department must be requested to stop work to ensure safety for people and the project, followed by reporting to the site commander.

2. Safety personnel or technical staff of the contractor must continuously monitor labor safety throughout the construction process of the project.

Article 11. Handling incidents when a labor accident occurs

When a labor accident occurs due to a loss of labor safety or a project incident, it must be handled as follows:

1. When a labor accident occurs due to a loss of labor safety:

a) The contractor must take all measures to provide first aid to the injured worker and then immediately transfer them to a medical facility for treatment;

b) The project owner, contractor, and related units must promptly report to relevant management agencies to conduct inspections and investigations as prescribed to determine the cause of the incident and labor accident;

c) The declaration, investigation, record-keeping, statistics, and reporting procedures; the process for handling incidents; and the resolution of benefits upon occurrence of a labor accident shall be carried out in accordance with current regulations;

d) After collecting evidence from the scene, with the consent of the competent authority and the project owner, the contractor may clean up the incident site and continue construction.

2. When a labor accident occurs due to a construction project incident:

a) Follow the provisions set forth in points a, b, and c of Clause 1 of this Article;

b) After collecting evidence from the scene, with the consent of the competent authority, the contractor may clean up the incident site; simultaneously, inspect and evaluate the stability level of the project or ongoing work according to regulations, and if safety is assured, report to the project owner for permission to resume construction.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities for Implementation

1. The Ministry of Construction shall assign subordinate units to be responsible for guiding, inspecting safety work during construction within the scope of its state management, including:

a) Organizing training on labor safety for contractors, safety officers, technical staff, managers, and engineers in project management boards and project management offices;

b) Guiding, inspecting, auditing, and handling violations of regulations on labor safety during construction;

c) Suspending or stopping construction, and handling organizations and individuals who violate the provisions of this Circular;

d) Updating information about contractors violating safety during construction on the "Information Page on Contractors Violating Construction Activities" of the Ministry of Construction.

2. People's Committees of provinces and centrally governed cities shall assign the Construction Departments to be responsible for:

a) Organizing training and disseminating regulations on labor safety during construction for organizations and individuals in their jurisdictions;

b) Leading and coordinating with the Department of Labor, Invalids and Social Affairs and related agencies to organize guidance, inspection, auditing, and handling of violations of regulations on labor safety during construction in their jurisdictions;

c) Implementing periodic reports every six months and annually on the situation of labor safety during construction at projects in their jurisdictions according to labor laws and sending them to the Ministry of Construction;

d) Suspending or stopping construction, and handling organizations and individuals who violate the provisions of this Circular within their authority;

e) Providing information about contractors violating labor safety during construction to the Ministry of Construction.

Article 13. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

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./.