Chương VI Luật Xây dựng 2014: Xây dựng công trình

Chapter VI

CONSTRUCTION OF WORKS

Section 1. PREPARATION FOR CONSTRUCTION OF WORKS

Article 107. Conditions for commencement of construction of works

1. The commencement of construction of a work must satisfy the following conditions:

a/ Having construction grounds for handover in whole or in part according to the construction schedule;

b/ Having construction permits, for works requiring construction permits as prescribed in Article 89 of this Law;

c/ Having the approved construction drawing designs of items or works to be constructed and the drawings checked and certified by the project owner;

d/ Having construction contracts signed between the project owner and selected contractor;

dd/ Ensuring adequate funds according to the work construction progress;

e/ Having measures to ensure safety and environmental protection in the course of construction.

2. The commencement of construction of separate houses must meet only the condition prescribed at Point b, Clause 1 of this Article.

Article 108. Preparation of construction ground

1. The recovery, allocation and lease of land and compensation and ground clearance for construction must comply with the land law. People’s Committees at all levels shall direct and organize the compensation and support for ground clearance and resettlement for construction investment projects in accordance with law.

2. The duration of construction ground clearance must meet the requirements on project implementation progress as approved or decided by competent persons.

3. The handover of construction grounds in whole or in part for construction must be as agreed between the project owner and construction contractor.

4. Funds for compensation and support for ground clearance and resettlement (if any) shall be ensured.

Article 109. Requirements on construction sites

1. Project owners shall install signboards at construction sites, except for separate houses with under 7 stories. The contents of a signboard include:

a/ Title and size of the work;

b/ Dates of commencement and completion;

c/ Names, addresses and telephone numbers of the project owner, construction contractor, construction designing organization and construction supervision organization or individual;

d/ Perspective drawings of the work.

2. Construction contractors shall manage the entire construction sites in accordance with law, except the case in which the project owner organizes the management. Contents of management of a construction work include:

a/ There must be fences, guard posts and conspicuous signboards to ensure separation between the construction site and outside;

b/ The layout of the construction site within the construction boundary of the work must be in line with the approved general construction ground design drawing and the specific conditions of the construction site;

c/ Supplies, materials and equipment pending installation must be neatly arranged according to the general construction ground design;

d/ Within the construction site there must be signboards of the general ground plan, safety, fire and explosion prevention and fighting and other necessary signboards.

3. Construction contractors shall take measures to ensure safety for people and vehicles entering and leaving the construction sites, collect and treat construction wastes in a proper manner without badly affecting the environment around the construction sites.

Article 110. Requirements on use of building materials

1. Safety, efficiency, thriftiness and environmental friendliness.

2. Materials and structures used in a construction work must comply with the approved construction designs and technical instructions (if any), ensuring quality in accordance with the law on standards, technical regulations and the law on quality of products and goods.

3. Building materials used for manufacture and processing of semi-finished products must comply with Clauses 1 and 2 of this Article.

4. Priority shall be given to using local and domestic materials. For projects using state funds, the use of imported materials must be stated in bidding dossiers or dossiers of requirements suitable to construction designs and technical instructions (if any) decided by investment deciders.

Section 2. CONSTRUCTION OF WORKS

Article 111. Requirements on construction of works

1. Complying with approved construction designs, standards and technical regulations applicable to works, laws and regulations on use of building materials; ensuring force-bearing safety, safety in use, artistic appearance, environmental protection, fire and explosion prevention and fighting, and other safety conditions prescribed by law.

2. Ensuring safety for construction works, people and construction equipment, underground facilities and adjacent works; taking measures to restrict human and property losses when unsafe incidents occur in the course of construction.

3. Taking separate safety technical measures for construction items and jobs subject to strict requirements on labor safety and fire and explosion prevention and fighting.

4. Using supplies and materials of proper types and specifications and quantities according to requirements of construction designs, ensuring thriftiness in the course of construction.

5. Conducting examination, supervision and pre-acceptance test of construction jobs and important transitional construction stages when necessary and pre-acceptance test of completed items and works before they are put into operation and use.

6. Construction contractors must meet all capability conditions applicable to different types and grades of works and construction jobs.

Article 112. Rights and obligations of project owners in the construction of works

1. Project owners have the following rights:

a/ To carry out construction themselves if they have full and appropriate construction capabilities or select construction contractors;

b/ To negotiate and sign construction contracts; to supervise and request construction contractors to strictly perform the signed contracts;

c/ To suspend the performance of, or terminate, contracts with construction contractors in accordance with law and construction contracts;

d/ To stop the construction and request construction contractors to remedy consequences caused by violations of regulations on work quality, safety and environmental protection;

dd/ To request related organizations and individuals to coordinate in performing jobs in the course of construction;

e/ Other rights prescribed by law.

2. Project owners have the following obligations:

a/ To select contractors having full and appropriate construction capabilities suitable to different types and grades of works and construction jobs;

b/ To join People’s Committees at all levels in paying compensations for damage and clearing sites for construction for handover to construction contractors;

c/ To organize quality supervision and management of construction activities suitable to the forms of project management and conformable with construction contracts;

d/ To examine construction measures and measures to ensure safety and environmental sanitation;

dd/ To organize pre-acceptance tests, payment and settlement for works;

e/ To hire consultancy organizations having full construction capabilities to test the quality of works when necessary;

g/ To examine and decide on contractors’ proposals related to designs in the course of construction;

h/ To archive construction dossiers of works;

i/ To take responsibility for the quality and origin of supplies, raw materials, materials, equipment and construction products they supply for use in the works;

k/ To pay compensations for damage caused by their violations of contracts and other violations;

l/ Other obligations prescribed by law.

Article 113. Rights and obligations of construction contractors

1. Construction contractors have the following rights:

a/ To reject illegal requests;

b/. To propose construction design modifications to suit construction reality, ensuring quality and efficiency;

c/ To request payment for the value of completed construction volumes according to the contracts;

d/ To stop construction when there are threats of unsafety to people and works or the principals fail to strictly perform their contractual commitments;

dd/ To request compensations for damage caused due to faults of the principal;

e/ Other rights stated in the contracts and prescribed by relevant laws.

2. Construction contractors have the following obligations:

a/ To only undertake construction contracts and jobs suitable to their construction capabilities and properly perform the signed contracts;

b/ To make and submit to project owners for approval construction measure designs specifying measures to ensure safety for people, machinery, equipment and works;

c/ To carry out construction strictly according to the designs and applied standards and technical regulations, ensuring quality, progress, safety and environmental protection;

d/ To apply an appropriate quality control system and establish quality management dossiers of works;

dd/ To comply with requirements on construction sites;

e/ To take responsibility for the quality and origin of supplies, raw materials, materials, equipment and construction products they supply for the works;

g/ To manage workers at construction sites, ensuring security, order and environmental protection;

h/ To make construction completion drawings and take part in the pre-acceptance test of works;

i/ To provide work warranty;

k/ To pay compensations for damage caused by their violations of contracts, use of materials of improper categories or failure to ensure requirements of approved designs, construction activities which fail to ensure quality or cause environmental pollution, and other violations;

l/ To bear responsibility for the quality of construction activities according to the designs, including jobs performed by subcontractors (if any); subcontractors shall bear responsibility for the quality of jobs they perform before principal contracts and law;

m/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 114. Rights and obligations of designing contractors in construction

1. Designing contractors have the following rights:

a/ The rights prescribed in Clause 1, Article 86 of this Law;

b/ To request project owners and construction contractors to strictly implement the designs;

c/ To reject requests of project owners for unreasonable design changes;

d/ To refuse to conduct pre-acceptance test of works or work items if they are constructed not according to the designs;

dd/ Other rights as stated in the contracts and prescribed by relevant laws.

2. Designing contractors have the following obligations:

a/ The obligations prescribed in Clause 2, Article 86 of this Law;

b/ To appoint fully capable persons to conduct design author’s supervision according to the contracts; persons performing this task shall take responsibility before law for their violations and shall compensate for damage caused due to their faults;

c/ To take part in the pre-acceptance test of works according to construction designing contracts with project owners;

d/ To consider and remedy nationalities in the construction designs at the request of project owners;

dd/ To promptly notify to project owners of construction activities which are carried out not in accordance with approved designs and propose handling measures;

e/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 115. Safety in construction

1. In the course of construction, project owners and construction contractors shall ensure safety for works, workers, equipment and vehicles operating on construction sites.

2. Project owners shall arrange fully capable persons to monitor and examine construction contractors’ compliance with safety regulations; suspend or terminate construction when detecting incidents causing unsafety to works, signs of violation of safety regulations; coordinate with contractors in handling incidents or labor accidents that occur; promptly notify fatal incidents or labor accidents to competent functional agencies.

3. Construction contractors shall propose and implement measures to ensure safety for people, machinery, equipment, assets and works under construction, underground facilities and adjacent works; construction machinery, equipment and supplies subject to strict labor safety requirements shall be inspected to ensure their safe use.

Article 116. Environmental protection in construction

In the course of construction, construction contractors shall:

1. Work out and implement measures to protect the environment in the course of construction, including air environment and water environment, limits of solid waste, noise and other requirements prescribed by the law on environmental protection.

2. Pay compensations for damage caused by their violations related to environmental protection.

Article 117. Relocation of works

1. The relocation of works must comply with approved construction master plans and ensure their quality and safety, not affect adjacent works, and ensure their original architecture, for works with conservation requirements.

2. Before relocating works, project owners or work owners shall apply for relocation permits.

3. Contractors that conduct the relocation of works shall apply measures to ensure labor safety and safety for relocated works and adjacent works and environmental protection.

Article 118. Dismantlement of construction works

1. Construction works shall be dismantled in the following cases:

a/ For clearance of sites for construction of new or makeshift works;

b/ Works are likely to collapse, thus affecting the community and adjacent works;

c/ Works are constructed in no-construction zones prescribed in Clause 3, Article 12 of this Law;

d/ Works are constructed at variance with construction planning, works are constructed without construction permits as required, or works are constructed at variance with their construction permits;

dd/ Works are constructed on public land, land under lawful use rights of organizations or individuals; works are constructed against approved designs, for works exempted from construction permit;

e/ Separate houses are dismantled for building new ones.

2. The dismantlement of construction works must satisfy the following requirements:

a/ It shall only be conducted under a decision of a competent state agency (if any);

b/ It shall be conducted according to the approved dismantlement plan and solutions, ensuring safety and environmental protection.

3. Responsibilities of parties involved in the dismantlement of construction works are prescribed as follows:

a/ Organizations and persons that are assigned to organize the dismantlement shall comply with the provisions in Clause 2 of this Article and take responsibility before law and pay compensations for damage caused due to their faults;

b/ Current owners or users of works to be dismantled shall comply with dismantlement decisions of competent state agencies. Those failing to comply with such decisions shall be subject to coerced dismantlement of their works and bear all dismantlement costs;

c/ Persons competent to decide on the dismantlement of works shall take responsibility before law for consequences of their failure to issue decisions, untimely decisions or illegal decisions.

Article 119. Incidents in construction works

1. In the course of construction, operation, exploitation or use of works, if detecting threats of unsafety or occurrence of incidents that may affect human lives, adjacent works and communities, project owners, construction contractors, use managers or competent state agencies shall:

a/ Stop the construction, operation, exploitation or use of works, and apply measures to ensure safety for people and property;

b/ Apply necessary measures to limit and prevent further possible dangers to works and promptly notify such to related competent organizations and persons;

c/ Protect incident scenes, except cases in which remedies shall be taken promptly to prevent or stop damage.

2. Upon detecting, or receiving notices of, incidents, competent state agencies and related organizations and persons shall, within the ambit of their respective tasks and powers:

a/ Promptly apply urgent measures to remedy the incidents;

b/ Competent state agencies shall organize identification of causes of incidents and clarify responsibilities of organizations and individuals at fault.

3. Works in which incidents occur may be further constructed, operated, exploited or used only when it is permitted by competent state agencies handling the incidents.

4. Organizations and individuals that cause incidents to works shall pay compensations for damage and bear related expenses, and may be administratively handled; individuals may be examined for penal liability in accordance with law.

Section 3. SUPERVISION OF CONSTRUCTION, PRE-ACCEPTANCE TEST AND HANDOVER OF CONSTRUCTION WORKS

Article 120. Construction supervision

1. Construction works shall be supervised in terms of quality, volume, progress, labor safety and environmental protection in the course of construction.

The State shall encourage the supervision of the construction of separate houses.

2. Supervision of the construction of works must ensure the following requirements:

a/ Supervision shall be conducted throughout the process of construction from commencement of construction, construction activities to completion and pre-acceptance test of construction jobs or constructed items;

b/ Supervision shall be based on approved construction designs, applied standards, technical regulations, regulations on the management and use of building materials, technical instructions and construction contracts;

c/ Honesty, objectivity and non-self-seekingness.

3. Selected construction supervision contractors shall propose supervision solutions and the process of controlling the quality, volume, progress, labor safety and environmental protection and the process of examination and pre-acceptance test, measures to manage records and documents in the process of supervision and other necessary contents.

Article 121. Rights and obligations of project owners in construction supervision

1. Project owners have the following rights:

a/ To conduct supervision by themselves when they have full construction supervision capabilities and take responsibility for their supervision;

b/ To negotiate and sign construction supervision contracts; to monitor and supervise the performance of, and request construction supervision contractors to properly perform, signed contracts;

c/ To change or request consultancy organizations to change supervisors in case the supervisors fail to strictly comply with regulations;

d/ To suspend the performance of, or terminate construction supervision contracts in accordance with law;

dd/ Other rights stated in the contracts and prescribed by relevant laws.

2. Project owners have the following obligations:

a/ To select supervision consultants that have full capability conditions suitable to the type and grade of construction works to sign construction supervision contracts in case they fail to conduct the supervision by themselves;

b/ To notify related parties of the rights and obligations of supervision consultants;

c/ To promptly respond to proposals of supervisors;

d/ To fully perform the obligations agreed upon in the construction supervision contracts;

dd/ To preserve construction supervision results;

e/ To pay compensations for damage caused by the selection of supervision consultants that lack construction supervision capability conditions, pre-acceptance test of incorrect volume, construction not according to designs, and other violations due to their fault;

g/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 122. Rights and obligations of construction supervision contractors

1. Construction supervision contractors have the following rights:

a/ To participate in the pre-acceptance test and certification of completed construction jobs or works;

b/ To request construction contractors to comply with approved designs and signed construction contracts;

c/ To reserve their opinions on supervision jobs they perform;

d/ To suspend construction when detecting that works are at risk of unsafety or contractors conduct construction not according to designs and promptly notify such to project owners for handling;

dd/ To reject unreasonable requests of related parties;

e/ Other rights stated in the contracts and prescribed by relevant laws.

2. Construction supervision contractors have the following obligations:

a/ To conduct supervision strictly according to contracts;

b/ Not to accept volumes that fail to ensure quality or conform to applied standards, technical standards and requirements of construction designs;

c/ To refuse to conduct pre-acceptance test of works that fail to meet quality requirements;

d/ To notify project owners of irrationalities in construction designs;

dd/ To supervise the implementation of regulations on safety and environmental protection;

e/ To pay compensations for damage caused by the falsification of supervision results on construction volumes implemented not according to designs, not in conformity with applied standards and technical regulations which have not been reported by supervisors to project owners or competent persons for handling, and by other violations due to their faults;

g/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 123. Pre-acceptance test of construction works

1. The pre-acceptance test of construction works covers:

a/ Pre-acceptance test of construction works in the process of construction and pre- acceptance test of transitional construction stages when necessary;

b/ Pre-acceptance test of completed work items or construction works before being put into operation or use.

2. Completed work items or construction works may only be put into operation or use after their pre-acceptance test results show that they meet requirements of construction designs, applied standards and technical regulations and regulations on the management and use of building materials and their pre-acceptance tests are conducted in accordance with this Law.

3. Project owners shall organize the pre-acceptance test of construction works. Organizations and individuals participating in pre-acceptance test of construction works shall take responsibility for products they have certified when conducting the pre- acceptance test.

4. For important national works, large-sized works with complicated technical requirements, works that exert great impacts on community safety and environment and works using state funds, pre-acceptance tests during the process of construction and of completed works shall be examined. The responsibility for examining pre-acceptance tests is prescribed as follows:

a/ The State Council for Pre-acceptance Test of Construction Works shall examine pre- acceptance tests performed by project owners with regard to important national works and large-sized works with complicated technical requirements;

b/ Specialized construction agencies shall examine pre-acceptance tests performed by project owners with regard to works other than those mentioned at Point a of this Clause.

5. The Government shall detail the quality management, pre-acceptance test and settlement of incidents of construction works.

Article 124. Handover of construction works

1. The handover of construction works must comply with the following provisions:

a/ Construction works have been pre-acceptance tested in accordance with the construction law;

b/ Safety is ensured in the operation and exploitation when the works are put into use.

2. Project owners shall receive works according to contracts signed with contractors. Persons taking part in the handover of works shall take responsibility for products certified by them in the course of handover. If they are not use managers of works, project owners shall hand over works to use managers after organizing the pre-acceptance test of the works. The handover of construction works shall be recorded in writing.

3. When handing over construction works, construction contractors shall deliver to project owners construction completion drawings, documents on the operation process, maintenance process and list of reserve equipment, spare parts and supplies and other necessary related documents.

4. Pending the handover of construction works to their managers for use, project owners shall temporarily manage and operate these works.

Section 4. WARRANTY AND MAINTENANCE OF CONSTRUCTION WORKS

Article 125. Warranty for construction works

1. Construction contractors shall provide warranty for works they have constructed. Work and technological equipment supply contractors shall provide warranty for equipment they have supplied.

2. Contents of warranty for a work include repair and replacement of damaged or faulty equipment due to contractors’ faults.

3. The warranty duration of works, their equipment and technological equipment shall be determined according to types and grades of construction works and regulations of manufacturers or equipment supply contracts.

4. The Government shall specify the warranty of construction works.

Article 126. Maintenance of construction works

1. Maintenance of construction works must meet the following requirements:

a/ Once put into operation and use, construction works and their items shall be maintained;

b/ The maintenance process shall be established and approved by project owners before putting construction works and their items into operation or use; must be suitable to use purposes, types and grades of construction works and their items and installed equipment;

c/ The maintenance of works must ensure safety for works, people and property.

2. Owners or use managers of works shall maintain works and their machines and equipment.

3. The maintenance of construction works and their equipment must comply with the approved maintenance plans and process.

4. The Government shall specify the maintenance of construction works and responsibility to announce expired construction works.

Article 127. Termination of operation and use of construction works

1. Project owners or use managers of works or competent state agencies shall decide to terminate the operation and use of construction works when these works’ lifetime expires, these works are at risk of becoming unsafe or causing incidents affecting the safety of users and safety of adjacent works, the environment and community.

2. When deciding to terminate the operation and use of works under common use, project owners or use managers or competent state agencies shall issue written notices of their decisions to work-using organizations, individuals and households.

3. The operation and use of construction works may resume only after incidents have been remedied or safety threats have been eliminated. For an expired work, if wanting to continue to use the work, its owner or user shall conduct quality assessment, reinforce and renovate it and repair its damage (if any) to ensure its safety and utilities.

Section 5. CONSTRUCTION OF SPECIAL-TYPE WORKS

Article 128. Special-type construction works

1. Special-type construction works include:

a/ State-secret works;

b/ Works constructed under urgent orders;

c/ Makeshift works.

2. The Government shall detail this Article.

Article 129. Construction of state-secret works

1. State-secret works constructed according to requirements must ensure secrets in construction investment activities in the national defense, security, foreign relations, economic, scientific and technological and other fields.

2. Agencies, organizations and persons that are assigned to manage and construct state- secret works have the power to decide on and shall take responsibility for constructing, and organizing the construction of, works from the stages of project formulation, survey, designing, construction and construction supervision of works to the stage of pre-acceptance test and putting of works into use.

3. The Government shall decide on the construction of state-secret works.

Article 130. Construction of works under urgent orders

1. Works shall be constructed under urgent orders to promptly meet urgent requirements of prevention and combat of natural disasters and enemy sabotage and other urgent requirements.

2. Agencies, organizations and persons that are assigned to manage the construction of works under urgent orders may decide by themselves the order of survey, designing and construction to meet the requirements of a state of emergency; and shall organize the construction of such works in order to meet in time the implementation requirements and schedule in order to minimize possible human and material losses.

Article 131. Construction of makeshift works

1. Makeshift works are those constructed to serve the construction of main works;

2. Project owners and construction contractors shall themselves organize the appraisal and approval of construction designs and cost estimates and construct makeshift works according to approved construction designs and cost estimates.

3. Makeshift construction works shall be dismantled after main works are put into operation and use, except makeshift works constructed in accordance with approved construction master plans.