Safety in Construction of Works

Safety in construction of works is a system of technical and management measures aimed at preventing incidents and labor accidents throughout the project implementation process. Vietnamese law establishes a strict legal framework to protect human life and corporate assets. Entities participating in construction activities must fully perform protection and risk control obligations. Long Phan Consulting Company will provide a detailed analysis of current legal regulations in the following article.

What are regulations for safety in construction of works?

Based on Article 51 of the Law on Construction 2025, safety in construction is regulated as follows:

• Contractor: Responsible for ensuring occupational safety and hygiene; safety of the construction work, assets, equipment, and vehicles during construction; environmental protection; and fire prevention and fighting.
• Investor: Organize supervision of the contractor’s safety compliance; suspend construction upon detecting safety violations or unsafe incidents; coordinate to handle/remedy incidents or accidents; timely notify competent state agencies of fatal accidents or incidents.
• Risk Management: The contractor identifies danger zones; prepares and submits safety measures for people/assets in danger zones to the investor for approval; periodically/unexpectedly reviews and adjusts safety measures.
• Danger Zones Outside Site: If the danger zone extends beyond the construction site, the investor must report approved safety measures to the specialized construction agency for inspection.
• Equipment Inspection: Machinery, equipment, and materials with strict safety requirements must be inspected before use.

>>>See more: Rights and obligations of contractors in construction work supervision

What requirements must be followed during construction?

Based on Article 50 of the Law on Construction 2025, requirements include:

1. Comply with approved designs, technical regulations/standards, and material usage laws; ensure load-bearing safety, fire safety, usage safety, aesthetics, and environmental protection.
2. Ensure occupational safety/hygiene and safety for the work, people, equipment, underground works, and adjacent works; have measures to limit damage in case of incidents.
3. Implement separate safety technical measures for items/jobs with strict occupational safety and fire prevention requirements.
4. Use materials as required by the design.
5. Perform inspection, supervision, and acceptance of construction work, phase transitions, and completed items/works for handover.

Procedure for conducting a building safety assessment

Article 36 of Decree 06/2021/ND-CP prescribes the steps:

1. Prepare and approve the safety assessment outline.
2. Organize the safety assessment execution.
3. Prepare the safety assessment result report.
4. Send the report to the competent agency for receipt and opinion.

>>>See more: Rights and obligations of project construction investors

Responsibilities of relevant stakeholders in managing safety during construction projects

Clearly defining the responsibilities of all stakeholders in construction safety management is crucial to ensuring the rule of law at the construction site. This enables close cooperation among all parties, thereby effectively preventing risks to people and property throughout the construction process.

Firstly, there is the responsibility of the construction contractor

(Article 13 Decree 06/2021/ND-CP)

• Receive and manage the site; establish a construction management system suitable for the project scale.
• Submit plans to the investor for approval: testing/inspection plans, material quality control measures, construction progress, acceptance plans, and the comprehensive safety plan.
• Identify danger zones and arrange personnel/equipment accordingly. Safety management staff must be trained.
• Perform procurement responsibilities and organize material testing/inspection.
• Construct according to contracts/designs; stop construction upon detecting defects, incidents, or accident risks.
• Report to the investor on progress, quality, and safety; establish and store construction management dossiers.
• Safety Manager’s Role: Implement the safety plan; guide workers on hazard identification; inspect compliance; suspend work/workers in case of safety violations/risks; participate in accident rescue.

Secondly, the responsibilities of the investor

(Article 14 Decree 06/2021/ND-CP)

• Select capable contractors for construction and supervision.
• Hand over the site on schedule.
• Check commencement conditions and notify commencement.
• Supervise construction and establish a management system. Arrange sufficient personnel for supervision and safety management.
• Check and approve construction progress and safety measures.
• Report safety measures for danger zones affecting the community to specialized agencies.
• Organize counter-testing, quality verification, and acceptance.
• Suspend contractors for safety/quality violations.
• Resolve arising issues and coordinate incident handling.

Thirdly, the responsibility of workers in ensuring workplace safety on the construction site

(Article 15 Decree 06/2021/ND-CP)

• Comply with OSH laws.
• Report safety risks to competent persons.
• Refuse unsafe work or work without sufficient PPE.
• Only perform strict safety requirement jobs after training and obtaining an OSH card.
• Participate in accident rescue.

Labor consulting services at Long Phan Consulting Company

Long Phan Consulting Company provides in-depth legal solutions on labor for businesses and investors. Our team of experts helps clients optimize management processes and minimize legal risks. We structure our support into the following key areas:

• We provide consulting services for building and managing employee records in accordance with regulations, including employment contracts, labor regulations, and internal policies.
• Providing legal advice on wages, working hours, rest periods, occupational safety and health, and the responsibilities of the parties in labor relations.
• Providing advice on handling issues arising during the employment process, such as labor discipline, unilateral termination of employment contracts, and dismissal.
• Providing legal advice on social insurance, health insurance, unemployment insurance, and related benefits.

Frequently Asked Questions about Safety in Construction Projects

Below, Long Phan Consulting Company provides some frequently asked questions related to safety in construction projects. We invite interested clients to refer to them:

Who has the authority to receive and comment on the results of the construction safety assessment?

Unless otherwise provided by law, the authority to receive and comment on the results of construction safety assessments is regulated as follows:

• The Provincial People’s Committee is responsible for construction projects located within the province; and projects located in two or more provinces.
• The Ministry of National Defence and the Ministry of Public Security are responsible for projects serving national defence and security.

Legal basis: Clause 4, Article 39 of Decree 06/2021/ND-CP, amended and supplemented by Clause 2, Article 13 of Decree 144/2025/ND-CP.

Can the project owner delegate all safety responsibilities to the contractor?

According to Clause 16, Article 14 of Decree 06/2021/ND-CP, the investor has the right to carry out the work themselves if they meet the necessary capacity requirements, or to hire a qualified consulting organization to supervise one, several, or all of the contents, but they still bear primary responsibility for checking, monitoring, and approving the overall plan. Delegation does not completely terminate the investor’s legal responsibility in the event of system failures.

What should be done when a contractor repeatedly violates workplace safety regulations?

According to Article 32 of Decree 16/2022/ND-CP, the level of administrative penalties is determined based on the violations of safety regulations in construction projects by contractors, organizations, and individuals participating in construction activities. Accordingly, the act of allowing workers to fail to comply with technical safety measures in construction projects will be subject to an administrative fine ranging from VND 30,000,000 to VND 50,000,000.

In addition to administrative penalties, the appropriate remedial measures (for construction projects currently underway) will be determined based on the nature of the violation.

What are the penalties for employing workers without safety certificates in jobs requiring strict occupational safety and hygiene standards?

According to Clause 1, Article 25 of Decree 12/2022/ND-CP, if an employer employs workers who have not been issued a labor safety card as required by law to perform work requiring strict occupational safety and hygiene standards, they will be fined from 5 million VND to 50 million VND, depending on the number of workers employed.

Is it mandatory to purchase insurance for the construction project and the workers?

According to Article 25 of Circular 50/2022/TT-BTC, construction contractors must purchase mandatory insurance for workers performing construction work on the site. This is an important financial tool for transferring risk in the event of an accident.

Conclusion

Correctly implementing safety in construction of works regulations is a mandatory legal responsibility for all investors and contractors in Vietnam. Long Phan Consulting Company  is ready to provide professional legal consulting solutions to protect your project’s interests and safety.

Please contact the hotline 1900636389 for timely support from experts.