DECISION

PROMULGATING THE REGULATIONS ON USING TOWER CRANES AT CONSTRUCTION SITES IN HO CHI MINH CITY

PEOPLE’S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of the People’s Council and the People's Committee dated November 26, 2003;

Pursuant to Construction Law dated November 26, 2003;

Pursuant to the Government’s Decree No. 209/2004/ND-CP dated December 16, 2004 on quality management of construction works; the Government's Decree No. 49/2008/ND-CP dated April 18, 2008 on amendments to certain articles of the Government’s Decree No. 209/2004/ND-CP dated December 16, 2004;

Pursuant to the Government’s Decree No. 23/2009/ND-CP dated February 27, 2009 on sanctioning of administrative violations in construction activities; real estate business; exploitation, production and trading of construction materials; management of technical infrastructure; and management of development of houses and offices;

Pursuant to the Circular No. 04/2008/TT-BLDTBXH dated February 27, 2008 of the Ministry of Labor - War Invalids and Social Affairs on guiding procedures for registration and verification of machines, equipment and supplies subject to strict labor safety requirements;

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Pursuant to Vietnamese Standards, Technical regulations on construction safety – CVN 5308-91, Lifting Devices – Requirements for installation and use safety TCVN 5863:1995;

At the request of the Director of Department of Construction in Statement No. 7991/TTr-SXD-QLCLXD dated October 19, 2011 and appraisal opinions of the Department of Justice in Statement No. 4620/STP-VB dated September 19, 2011.

DECISION

Article 1. Enclosed with this Decision is the Regulation on using tower cranes at construction sites in Ho Chi Minh City.

Article 2. This Decision shall come into effect after 10 (ten) days, from the date on which it is signed.

Article 3. The Chief of Staff of the People’s Committee of the city; Director of the Department of Construction, Heads of Departments – Boards – Sectors of the city, Chairpersons of People’s Committees of districts, wards, communes and villages, other related organizations and individuals shall implement this Decision./.

PP. PEOPLE’S COMMITTEE CHAIRMAN
DEPUTY CHAIRMAN




Nguyen Huu Tin

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REGULATION

ON USING TOWER CRANES AT CONSTRUCTION SITES IN HO CHI MINH CITY
(Enclosed with the Decision No. 73/2011/QD-UBND dated November 15, 2011 of the People’s Committee of the city)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This Regulation stipulates the use of tower cranes in transportation of materials and equipment during the construction process of construction projects in Ho Chi Minh City.

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2. Regulated entities:

This Regulation is applicable to enterprises, agencies, organizations and individuals who are related to the use of different types of tower cranes at all construction sites in the city.

Article 2. Definitions

1. Scope of construction site: is the scope of construction premises, on which a construction work and auxiliary works are located, as well as technical infrastructure works.

2. Unit in charge of the cranes: is the unit which owns the tower cranes. This unit is provided with a Tower Crane Registration Certificate by the Department of Labor, Invalids and Social Affairs.

3. Dropped object zone: according to the Table 1 – Section 2.1.8 – TCVN 5308-91, these zones are dangerous zones where objects, including even the jib and the counterweight of the tower crane, can be dropped from heights to the ground, according to the following table:

Heights where objects can be dropped (m)

Perimeter of dangerous zones (m)

For buildings and construction works (from the outer perimeter)

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Up to 20

5

7

From 20 to 70

7

10

70-120

10

15

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15

20

200-300

20

25

300-450

25

30

Chapter II

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Article 3. Construction premises

1. Design and approve the overall construction site plan:

The contractor shall design and approve the overall construction site plan before starting the construction, according to the Circular No. 22/2010/TT-BXD dated December 03, 2010 of the Ministry of Construction.

If the construction site uses tower cranes, the design of the overall construction site plan must specify the dropped object zones due to installation, lifting activities and operation of the cranes.

2. Post up the overall construction site plan:

There must be warning signs in the construction sites according to the regulations in Article 74 of the Construction Law. The overall construction site plan must be posted up at the main entrance. Its minimum size must be equal to an A0 size and it shall be made of materials safe from damage and from being faded due to water, rain and sun light. The contents of the overall construction site plan must include:

a. Plan view of the area where the jib and the counterweight of the tower crane can move.

b. Plan view of the dropped object zone during the operation of the crane.

c. The operation period of the tower crane which can be applied when the dropped objects fall out of the scope of construction site.

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dd. Name and phone number of the responsible person who works for the construction unit and the unit in charge of the cranes.

Article 4. Requirements for using the tower cranes

1. Select which type of cranes to use:

The type of tower crane must be selected in accordance with the works location and be convenient for the construction work. Minimize the use of cranes which have parts moving out of the scope of the construction site.

As for the narrow premises, the inner-climbing cranes and cranes with lifting jib shall be prioritized (the reach of the jib must be adjusted by lifting it up and down; it must carry a counterweight which is placed on top of it or below it, however, such counterweight must be closed to the mast of the crane)

2. Requirements for using a tower crane:

a. Must register at the Department of Labor, Invalids and Social Affairs according to the regulations.

b. Must have a design for the installation of tower crane (using a fixed pedestal or anchors etc.). Such design must be appropriate, ensure safety and must be approved by the producer or the unit in charge of the crane. They must be approved at the same time with the overall construction site plan.

c. After the crane is being installed, there must be an effective appraisal document which is issued by a responsible unit. When a tower crane is moved to a new location or changes its lifting structure, it must be reappraised.

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dd. A plan and a technical process for the installation, operation, lifting and dismantle of the tower crane must be provided by a provider. The plan must be fully transferred to the unit which use the crane and provide counseling on the supervision; also, it must be stored at the construction site.

e. There must be a book recording the operation of the equipment. Such book must be stored at the construction site.

g. The worker operating the crane (driving, giving signals) or supporting the loading must be well trained (or have a certificate) for using the appropriate cranes. He must receive trainings on technical safety and issued with a labor safety card, as well as being assigned to operate the crane.

h. The worker participates in the installation, dismantle and lifting of the crane must be well trained and have good experience.

3. Ensure safety for the area outside the scope of the construction site during the operation of the tower crane if the objects drop out of the scope of this site.

The construction investor must make and approve the plan on operation of the tower crane. The contents of this plan must specify:

- The specific operation period when the objects drop out of the scope of the construction site. This accident is caused by the parts of the cranes and the loaded objects.

- The scope of the public roads, infrastructure construction works (transmitting electricity, lights, communications, etc.) and other construction works located within the dropped object zones.

- Safety methods for people and the construction works located within the dropped object zones which are outside the construction site.

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All costs for carrying out the above safety methods must be paid by the construction investor.

Article 5. Operation of the crane

1. The crane must operate in accordance with the technical plan of the provider; related standards and procedures, as well as the operation plan which has been made.

2. After the rain or heavy wind or the suspension of operation for more than 30 days, the structures of the tower crane must be inspected completely, such as the jib, counterweight and technical operation system, in order to satisfy the requirements for use. The result must be recorded in a document at the construction site.

Chapter III

IMPLEMENTATION

Article 6. Responsibilities

1. The Department of Labor, Invalids and Social Affairs:

Disseminate information and guide the individuals and organizations using the tower cranes to register and appraise the machinery, equipment and materials which have strict requirements for labor safety according to the Circular No. 04/2008/TT-BLDTBXH dated February 27, 2008 of the Ministry of Labor, Invalids and Social Affairs, install and use the cranes in accordance with this Regulation.

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2. Department of Construction:

Cooperate with the Department of Labor, Invalids and Social Affairs in inspecting and managing the use of tower cranes in the city.

Suspend the construction works which use the tower cranes and violate the provisions specified in this Regulation and other related provisions on construction safety.

3. The Department of Transport, Department of Information and Communication, Ho Chi Minh City’s Police, HCMC Power Corporation:

Cooperate in directing the affiliated agencies to develop methods for directing traffic, supporting the investors (as required) to carry out safety activities for the community, calculating the related costs for the construction investors to help them make payment.

4. People’s Committees of the districts:

Support the activity in temporarily moving workers from the construction sites within the dropped object zones during the operation of the cranes and after receiving a notification from the investors.

5. Investor:

Require the contractor to use the tower cranes which satisfy the requirements and are appropriate for the overall construction site plan and the operation plan.

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Manage strictly the operation of the tower cranes in rainy season. Require the contractor to develop safety methods and consider approving such methods. If the approval is beyond the investor's capability, he/she can authorize the management counselor of the project or the supervision counselor to appraise such methods.

6. Construction contractor:

Rent and use the tower cranes in accordance with this Regulation and other related regulations.

Regularly inspect the activities in ensuring safety for the engineering team and workers to operate the equipment. Monitor the operation process, timely detect and handle any damage that may occur, prevent the operation of the cranes from negative impacts, and timely provide sufficient information for the investor.

7. Construction supervisory counselor:

Must monitor the operation process of the tower cranes at construction sites, timely send an adequate report to the investors and the contractors if there is any abnormal sign that may cause problems. Forcefully stop the operation if there is any unsafe element that may impact the workers, construction works and equipment and other related effects.

8. Unit in charge of the tower cranes:

Carry out safety inspection for the tower cranes in accordance with the regulations; store and provide technical documents of tower cranes; maintain them; manage and use them according to the related technical standards; provide employees to operate and install the cranes; such employees must satisfy the potential requirements and have experience.

Article 7. Implementation

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2. During the implementation of this Regulation, if there is any problem occurs, the Department of Construction shall take charge and cooperate with the Department of Labor, Invalids and Social Affairs in monitoring, guiding and sending a report to the People's Committee of the city or getting opinions from the Ministry of Construction and Ministry of Labor, Invalids and Social Affairs in order to timely handle such problems./.