The State Authority for Construction Quality Inspection - Ministry of Construction (abbreviated as the Authority for Inspection) has just processed the petition of citizen D. X. C on the Information System for receiving and processing feedback on legal normative documents of the Ministry of Justice.
Proposals related to regulations on people performing safety management in construction of construction works of construction contractors and investors in Clause 5, Article 15 and Clause 3, Article 16 of Decree No. 207/2026/ND-CP dated June 15, 2026 of the Government detailing a number of articles of the Construction Law on quality management, construction and maintenance of construction works (hereinafter referred to as People performing construction safety management). After studying, the Department of Inspection has the following opinions:
1. Clauses 2, 3, Article 3 and Clause 4, Article 72 of the Law on Occupational Safety and Health No. 84/2015/QH13 stipulate:
2. Occupational safety is a solution to prevent and combat the impact of dangerous factors to ensure that no injuries or deaths occur to humans during labor;
3. Occupational hygiene is a solution to prevent and combat the impact of harmful factors that cause disease and impair human health during labor;
4. People working in occupational safety and health must have expertise and professional skills in technology and have knowledge of the actual production and business operations of the establishment.
2. Clause 17, Article 2 of Decree No. 207/2026/ND-CP stipulates: "17. Safety in construction is a solution to prevent and combat the impact of dangerous and harmful factors to ensure no injury, death, and no impairment of human health, preventing accidents causing labor unsafety according to the provisions of law on labor safety and hygiene and other safety assurance solutions in the construction process according to the provisions of Clause 3, Article 49, Clause 2 and Clause 3, Article 50, Article 51 of Construction Law No. 135/2025/QH15"; Clause 19, Article 2 of Decree No. 207/2026/ND-CP stipulates the term "safety management in construction" used in this Decree.
3. According to the provisions of Clause 5, Article 15 and Clause 3, Article 16 of Decree No. 207/2026/ND-CP, people performing safety management in construction of construction contractors and investors "must be trained in occupational safety or construction engineering and meet other provisions of law on occupational safety and hygiene".
Thus, the person performing safety management in construction must have expertise and nghiệp vụ in labor safety techniques or construction techniques and have understanding of the reality of construction activities.
