II. Responsibilities of individuals and organizations

1. Consumers, businesses

In the process of doing business, buying and selling, using elevators, consumers and businesses need to understand 5 requirements that must be absolutely guaranteed:

a) Elevator from the time of production, import, … until the customer uses it, must have full:

– Elevator history

– User manuals, maintenance instructions, troubleshooting procedures, technical recommendations

b) Before putting into use the elevator must be labeled.

c) Before the elevator is put into use, it is required to have a declaration of conformity (shown in the Certificate of conformity).

d) Before the elevator is put into use, it is compulsory to undergo technical inspection of elevator safety (by a qualified unit) (shown in the Certificate of inspection results).

2. Elevator installation, maintenance, service and repair units

– There must be a book of assignment and monitoring of installation and maintenance (which shows the name of the person responsible, content of work, time of implementation);

– Must arrange people who are knowledgeable about the principles of elevator construction, trained in occupational safety and grasp the skills to perform jobs related to the installation, maintenance and repair of elevators. machine.

– Must comply with the provisions of this regulation and ensure safety during the installation, maintenance, maintenance and repair of elevators.

– Warning signs, signposts or barriers must be placed to prevent unauthorized persons from accessing the area where elevator installation, maintenance, maintenance or repair work is being carried out.

– Record the contents of inspection, repair, maintenance and maintenance in the elevator’s history.

3. Responsibilities of organizations and individuals managing elevators

– Organizations and individuals managing the elevator must ensure that the elevator must be periodically inspected and maintained according to the provisions of Sections 3.3 and 3.5.1 of this Regulation and must ensure the safety conditions before when the elevator is put into operation.

– Coordinate with the installation, maintenance, maintenance and repair unit in providing information, records, documents, conditions for the installation, maintenance, maintenance and repair unit to perform. .

– Keep records and minutes related to the results of maintenance, maintenance and repair or replacement of components and parts of the elevator.

Organizations and individuals that design, manufacture, import, distribute, install, use, repair, maintain and maintain elevators are responsible for complying with the provisions of this regulation.

III. Sanctions related to the field of elevators (administrative, civil, criminal)

1. Administrative sanctions

Article 23, Decree 28/2020/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under contracts (effective force from April 15, 2020) for elevators that are equipment with strict requirements on occupational safety and hygiene:

2. Civil sanctions (Compensation for damage)

According to Clause 1, Article 584 of the 2015 Civil Code, the following contents are prescribed: “Whoever commits acts of infringing upon his/her life, health, honor, dignity, prestige, property, rights and legitimate interests. another person’s property that causes damage , it must compensate.”, unless this Code  and other relevant law stipulate other.”

Basis of Compensation:

– First: Subjects with illegal acts

– Second: There is damage happening in reality

– Third: There is a relationship between the violation of the law and the damage that occurs

– Fourth: Due to the fault of the violator of civil obligations

3. Criminal sanctions

Article 295 of the Penal Code 2015, amended and supplemented in 2017 Crime of violating regulations on occupational safety, occupational hygiene and safety in crowded places stated:

1. Those who violate regulations on occupational safety, occupational hygiene and safety in crowded places, causing damage to others in one of the following circumstances, shall be subject to a fine of from VND 20,000,000 up to VND 100,000,000, non-custodial reform for up to 3 years or imprisonment from 1 to 5 years:

a) Causing death;

b) Inflicting injury or causing harm to the health of 01 person with the injury rate body 61% or higher;

c) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 03 and 07 years of imprisonment:

a) Causing death of 02 people;

b) Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of between 122% and 200%;

c) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;

d) Being the person responsible for occupational safety, hygiene and safety in crowded places.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 06 and 12 years of imprisonment:

a) Causing death of 03 people or more;

b) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of 201% or more of these persons;

c) Causing property damage of VND 1,500,000,000 or more.

4. Violations against regulations on occupational safety, occupational hygiene and safety in crowded places in cases where there is a real possibility to lead to consequences specified in one of Points a, b and c, Clause 3 If this is not prevented in time, the offenders shall be subject to non-custodial reform for up to two years or a prison term of between three months and two years.

5. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

Understanding the regulations on elevators is essential for both businesses and consumers, thereby understanding the rights and responsibilities, processes and information that need to be understood in the process of production, purchase and sale. Install and operate elevators.

Read more: Overview of elevator regulations – Part 1