Chương II Nghị định 06/2021/NĐ-CP: Quản lý thi công xây dựng công trình

DECREE

ELABORATING ON IMPLEMENTATION OF SEVERAL REGULATIONS ON QUALITY MANAGEMENT, CONSTRUCTION AND MAINTENANCE OF CONSTRUCTION WORKS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Construction dated June 18, 2014; the Law on Amendments and Supplements to the Law on Construction dated June 28, 2020; 

Pursuant to the Law on Occupational Safety and Hygiene dated June 25, 2015;

Pursuant to the Law on Product and Commodity Quality dated November 21, 2007;

Pursuant to the Law on Amendments and Supplements to several Articles of 37 Laws related to the planning dated November 20, 2018;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;

Pursuant to the Law on Bidding dated November 26, 2013;

Upon the request of the Minister of Construction;

The Government promulgates the Decree, elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Decree elaborates on several regulations regarding the quality management, construction and maintenance of construction works.

2. This Decree applies to domestic and foreign entities, organizations and individuals related to the quality management, construction and maintenance of construction works.

Article 2. Definition

1. Construction work quality control means the act of management of entities participating in construction activities under the provisions of this Decree and other relevant laws during the process of construction investment preparation and implementation, operation and use of a construction work to ensure the quality and safety for the construction work.

2. Construction management means the act of management of entities participating in construction activities under the provisions of this Decree and other relevant laws in order to ensure conformance to safety, quality and progress requirements, effectiveness and meet design requirements and stated objectives.

3. Technical instructions are a set of technical requirements which are based on technical regulations and standards applied to construction works or designs to provide guidance and regulations on materials, products and equipment used for construction works, construction, supervision, and acceptance testing or commissioning of construction works.

4. As-built drawing refers to a drawing of a finished construction project, providing information about actual locations, dimensions, actually used materials and equipment.

5. Project completion documentation means a set of documents and records related to the investment and construction processes that need to be archived while the project is putting into use.

6. Specialized construction experiment means any measurement activity aimed at determining the characteristics of a construction land, material, environment, product, constituent or project according to a certain process.

7. Construction observation means the act of observing, measuring and recording any geometrical change, deformation, distortion, transition, and other technical parameters of a project and its ambient environment over periods of time. 

8. Construction survey means an act of making measurement to determine the position, shape and size of a terrain or construction project as a support for construction, quality control, warranty, maintenance, management, operation, use and management of failures or breakdowns or responses to emergencies arising from a construction project.

9. Construction testing means the act of examining and assessing the quality or causes of damage, breakdowns or failures, value, useful life and other technical parameters of a construction product or a project constituent or the whole of a construction project through the construction observation, experiment, quantity calculation, estimation or quantification and analysis activities.

10. Construction inspection means the act of construction testing and evaluation of compliance with the law on construction investment which is organized and carried out by a competent state regulatory authority in accordance with this Decree.

11. Regulatory compliance assessment of construction activities means the act of assessing whether the building material and product comply with the applicable requirements of relevant technical regulations.

12. Standard conformity assessment of construction activities is the act of assessing whether a product, commodity, service, process or environment conforms to the corresponding standard.

13. Construction project maintenance means a combination of activities aimed at assuring and maintaining the normal and safe operation of a construction project in compliance with design requirements during the process of using and operating that construction project. Construction project maintenance may include one, some or all of the following activities: examination, observation, quality inspection, maintenance and repair of the construction project; addition and replacement of a construction work and equipment to ensure safety for the operation and use of the construction project, but does not include activities that alter the function or scale of the construction project.

14. Procedures for maintenance of a construction project refer to documents providing regulations on processes, requirements and instructions for maintenance of the construction project.

15. Design service life of a construction project (design life) means the period of time during which the construction project is expected to use, ensuring conformance to safety and utility requirements. Design life of a construction project is specified in the relevant technical regulation, standard in use or engineering objectives.

16. Real service life of a work (real life) means the period of time during which the construction project is used in reality, ensuring conformance to safety and utility requirements.

17. Construction warranty means the contractor's commitment to become liabilities to mitigate and correct, within a certain period of time, damages and defects that may occur during the period of operation and use of a construction project.

18. Owner of construction project means an individual or organization that has the right to own a construction project in accordance with law.

19. Manager or user of a construction project is the owner in the case where the owner directly manages or uses the work or is the person authorized by the owner of the construction project to manage and use that construction project in the case where the owner does not directly manage or use the construction project, or is the person who manages or uses the construction project in accordance with relevant laws.

20. Safety in construction activities refers to a solution to prevent and combat the impacts of dangerous and harmful factors to protect people from any injury, death or health impairment, and prevent any incident causing occupational unsafety that may occur during the construction process.

21. Construction safety management means the act of management of entities participating in construction activities under the provisions of this Decree and other relevant laws in order to assure safety for construction activities.

22. Periodic assessment of safety of construction project (hereinafter referred to as construction safety assessment) refers to the periodic examination and appraisal of the bearing capacity and conditions necessary for safe use and operation of a construction project.

Article 3. Classification and grading of construction projects

1. Construction projects shall be classified by structural properties and utility as follows:

a) Construction projects are classified by structural properties into housing structures; bridges, roads, tunnels, ports; pillars, towers, storage tanks, silos, retaining walls, dykes, dams, embankments; piping or other structures;

b) Construction projects are classified by their utility into those used for civil purposes; those used for industrial production purposes; those providing technical infrastructure facilities and amenities; those supporting traffic and transportation activities; those supporting agricultural production and rural development activities; those used for national defense and security purposes and detailed in Appendix I to this Decree.

The utility of a construction project can be created by an independent building, a complex of construction works or a technological line consisting of multiple items that have a mutual relationship with each other to create the shared function. A construction investment project may have one, several independent works or a main complex or a main technological line. A construction work belonging to a construction complex or a technological line is a construction item belonging to a complex or a technological line.

2. Construction grades specific to construction projects prescribed in Point a of Clause 2 of Article 5 in the Law on Construction dated June 18, 2014 (hereinafter referred to as Law No. 50/2014/QH13), which is amended and supplemented by Clause 3 of Article 1 of the Law on amendments and supplements to a number of articles of the Law on Construction dated June 17, 2020 (hereinafter referred to as Law No. 62/2020/QH14) shall be used for the management of construction investment activities in accordance with regulations on grades of construction works issued by the Minister of Construction.

3. The Minister of National Defense and the Minister of Public Security shall set out regulations on the use of construction grades specified in Clause 2 of this Article for the management of investment in construction projects used for national defense and security purposes.

Article 4. Specialized construction experiments, construction observation and construction surveys

1. Specialized construction experiments, construction observations and surveys are measurement activities carried out during the construction process to determine the technical parameters and positions of materials, components and project constituents, and support construction and acceptance testing or commissioning activities.

2. Specialized construction experiments must be conducted by qualified organizations and individuals in accordance with laws.

3. Organizations and individuals conducting specialized construction experiments, construction observations and surveys shall be responsible for providing data in an honest, objective manner and for the accuracy of data and figures that they provide.

4. Building contractors shall be responsible for conducting specialized construction experiments, observations and surveys of construction projects during the construction process according to the relevant provisions of construction contracts and technical regulations and standards.

Article 5. Controlled experimentation, construction testing, experimentation of bearing capacity of building structures

1. Controlled experiments are conducted during the construction process in the following cases:

a) They are prescribed in technical instructions or construction contracts;

b) They take place when building materials, products or equipment installed in construction projects or construction works show any sign of failure to meet quality requirements set out in design documentation;

c) They are conducted at the requests of specialized construction authorities.   

2. Construction testing, experimentation on the bearing capacity of building structures may be required in the following cases:

a) As prescribed in technical instructions or construction contracts;

b) Completed construction works show any sign of failure to meet quality requirements set out in design documentation, or there is a lack of grounds for quality assessment, acceptance testing or commissioning;

c) At the requests of authorities having competence in entering into public-private partnership project agreements;

d) At the requests of authorities having competence in examining acceptance testing activities under the provisions of clause 2 of Article 24 herein;

dd) The owner of a construction project wishes to extend its design life which is bound to expire;

e) Construction projects in operation or in use pose a risk of danger or unsafety;

g) Construction testing activities are carried out to assist in maintenance activities.

3. Contents of a construction testing:

a) Quality inspection of construction parts and construction works;

b) Inspection and testing for causes of damage, causes of any incident, breakdown or failure and the useful life of construction project constituents and projects;

c) Inspection of quality of building materials, components and products.

4. Costs and expenses of a construction testing:

a) Costs of the construction testing are determined by making an estimate in accordance with the law on construction cost management and other relevant law provisions in accordance with the contents and volume of works agreed upon in the contract between parties or the approved assessment and testing protocol;

b) During the construction process, the construction design contractor, the building contractor, the contractor supplying and manufacturing construction products or other relevant contractors must bear testing costs if the results obtained after assessment and testing of the work performed on their part prove that the faults lie with them. In other cases, the costs of conducting the construction assessment and testing must be included in total investment amount;

c) The owner or the manager or the user of the construction project shall be responsible for paying assessment and testing costs during the period of operation and exploitation. If the assessment and test results prove that the fault lies with an entity or person, that entity or person must bear inspection and testing costs in proportion to such fault.

Article 6. Construction inspection

1. Contents of a construction inspection:

a) Inspection of the quality of the construction survey, the construction design, building materials, components and products, parts and the entire construction project;

b) Inspection of the causes of the damage, incident, breakdown or failure at the construction project according to the provisions of Chapter IV of this Decree;

c) Other contents of construction inspection.

2. Authorities having competence in heading a construction inspection:

a) Provincial People's Committees conduct the inspection of construction projects located within their localities, except the cases specified at Points b and c of this Clause;

b) The Ministry of National Defense and the Ministry of Public Security conduct the inspection of national defense and security projects;

c) Ministries in charge of specialized construction works conduct the inspection of construction works when being assigned by the Prime Minister to do so;

d) Authority to head the inspection of the causes of an incident, breakdown or failure shall be subject to Clause 1 Article 46 hereof.

3. Costs and expenses of a construction inspection shall be composed of several or all of the followings:

a) Costs and expenses for the construction inspection conducted by an inspection agency include per diem and other costs needed for the inspection;

b) Costs and expenses for hiring experts to participate in the construction inspection, including travel costs, costs of renting accommodations at the destination and expert remuneration;

c) Costs for hiring an entity to conduct the construction testing and assessment needed for the construction inspection which are determined by making an estimate in accordance with the law on investment and construction cost management and other relevant law provisions provided that such costs are appropriate for activities stated in the inspection protocol;

d) Other costs and expenses necessary for the inspection.

4. Investors, owners or managers and operators or users of construction projects shall be responsible for paying costs to inspection organizations. If the inspection results prove that the fault lies with an entity or person which is involved, that entity or person must bear inspection costs in proportion to such fault, and must be responsible for taking remedial actions.

Article 7. Segregation of liabilities between entities and persons for management of construction activities

1. Entities and persons directly relating to construction activities, including:

a) Investors or investor’s representatives (if any);

b) Building contractors;

c) Contractors supplying construction products, building materials, components and equipment installed at construction projects;

d) Consulting contractors, including: surveying, designing, project management, supervision, experimentation, testing and other consulting contractors.

2. In order to participate in construction activities, contractors referred to in Points b, c and d, Clause 1 of this Article must meet the prescribed capacity conditions and must directly and totally bear legal liability for quality and safety of the works performed on their part before the law, to investors, and to main contractors if they are subcontractors. Main contractors must be accountable to investors for the works that subcontractors perform.

3. Upon entering into a consortium,  contractors as members of the consortium shall assume responsibility for the quality of the works they perform on their part as defined in the written partnership agreement that must clearly defines the liability of the lead member of the consortium, the joint and several responsibility of each consortium member, and clearly defines the scope and volume of the works performed by each consortium member. Those must be specified in a construction contract with the investor.

4. Under engineering, procurement and construction contracts (hereinafter referred to as EPC contract) or lump-sum turnkey contracts, general contractors shall take charge of quality control, supervision of the construction works on their part and the works performed by subcontractors; carry out other liability assigned by investors under terms and conditions of construction contracts.

5. Investors shall be responsible for management of construction works according to investment, project management, contracting forms, scales and funding sources during the investment and construction period; management of construction works includes those specified in Clause 1, Article 10 of this Decree; construction supervision, pre-commissioning testing of construction works, parts, items and construction projects; commissioning for putting construction projects in use or into operation according to the provisions of this Decree and relevant laws. Investors shall have autonomy in carrying out construction works provided that they meet capability requirements set out in laws. Pre-commissioning tests conducted by investors shall not function as replacement for or reduction in the liability of contractors participating in construction works with respect to the works performed by contractors on their part.

6. In case an investor establishes a construction project management unit or assign tasks to a specialized construction project management unit or regional construction project management unit:

a) The investor may authorize or assign the project management unit to perform one or several works on the investor's part in the management of construction works in accordance with this Decree and such authorization or assignment must be documented. The investor must direct, inspect and take responsibility for the tasks authorized or assigned to the project management unit;

b) The project management unit shall be responsible before law and to the investor for the execution of the authorized or assigned tasks specified at Point a of this Clause.

7. In case an investor hires a project management consultancy contractor or a construction supervision contractor:

a) The investor may authorize this contractor to perform one or several works on the investor’s part in the management of construction works through a construction contract. The investor shall be responsible for supervising the implementation of the construction contract, handling related issues between contractors involved in the construction project and with local authorities during the project implementation period;

b) Project management consulting contractor or construction supervision contractor shall be responsible before law and to the investor for the assigned works in accordance with the contract and relevant laws.

8. Under an EPC contract or a lump sum turnkey contract, the investor shall be responsible for inspecting and expediting the implementation of construction management activities as agreed upon in the construction contract; conducting the pre-commissioning test on the construction item, construction project, commissioning and transfer of the construction project before being put into operation and in use.

9. With respect to PPP projects:

a) PPP project enterprises shall implement the investor's construction management responsibilities according to the provisions of this Decree;

b) Contracting authorities under the law on public-private partnership investment shall undertake the implementation of the provisions of Clause 8, Article 19 of this Decree. In case competent authorities delegate authority to their affiliates or units to act as the contracting agencies, competent agencies must direct, inspect and take responsibility for the activities performed by contracting agencies; contracting agencies shall be responsible to competent authorities and the law for the performance of the trusted activities.

10. Rights, obligations and segregation of liabilities of those specified in Clause 1 of this Article must be prescribed in contracts and in accordance with the law.

Article 8. Construction quality awards

1. Construction quality awards, including:

a) National award for the quality of construction projects;

b) Award for high-quality construction projects and other quality awards.

2. Contractors who win wards for the quality of construction projects specified in Clause 1 of this Article may be granted priority when participating in construction tenders in accordance with the law on bidding. Awards accepted as the basis to consider giving priority to bidders are those that they have won in the period of 3 years preceding the date of submission of application for bids. Investors must include the aforesaid regulations in their invitations to bid.

3. The Ministry of Construction shall organize and approve construction quality awards according to the provisions of Clause 4, Article 162 of Law No. 50/2014/QH13.

Article 9. Management of detached house construction

1. The management of the construction of detached houses must adhere to the rules under which safety for people, property, equipment, entire construction projects, other adjacent facilities and ambient environment must be ensured.

2. Design of detached houses of families and persons:

a) Investors in detached houses built for family or personal needs without basements and with  total construction floor area of ​​less than 250 m² or less than 3 floors, or with less than 12m in height, per each may exercise the freedom of design;

b) Design of detached houses built for family and personal needs with under 7 floors or with 1 basement, except for the case specified at Point a of this Clause, must be made by qualified organizations or individuals in accordance with laws;

c) Design documentation of detached houses built for household or individual needs with 7 floors or more or with 02 basements or more must be subject to the construction design verification regarding the construction safety before applying for construction permits. Design and design verification must be conducted by qualified and competent organizations and individuals under laws.

3. Management of construction of detached houses for family and personal needs:

a) Investors in the construction of detached houses conduct, supervise construction works and bear responsibility for construction safety. Investors in the construction of detached houses are encouraged to take charge of supervising construction works, compiling and archiving detached house dossiers according to the provisions of this Decree, except the case specified at Point b of this Clause;

b) Construction and supervision of construction of detached houses built for family and personal needs prescribed in point c of this clause must be carried out by qualified organizations or individuals.

4. Scope of supervision of construction of detached houses for family and personal needs:

a) Methods of construction, safety measures for houses and adjacent or contiguous property;

b) Quality of building materials, components and equipment before being in use;

c) Scaffolding systems, temporary supporting structures, building machinery and equipment;

d) Occupational safety and environmental controls.

5. In addition to being covered by the provisions of this Article, the construction of detached houses belonging to construction projects must conform to other relevant laws and regulations of laws on construction project management.

Chapter II

MANAGEMENT OF CONSTRUCTION WORKS 

Article 10. Scope of management of construction works

1. Management of construction works includes:  

a) Construction quality management;

b) Construction progress management;

c) Construction quantity management;

d) Occupational safety and environmental control;

dd) Occupational safety and environmental control;

e) Management of other matters or issues that is prescribed in construction contracts.

2. Those stated in point a, b, c and d of clause 1 of this Article are further elaborated herein.  The item stated in point dd of clause 1 of this Article are further elaborated in the Decree on management of construction costs and expenses.

Article 11. Sequence of tasks involved in the management of construction works

1. Land acquisition; construction site management.

2. Management of building materials, products, components and equipment used in the construction project.

3. Management of the contractor’s construction works.

4. Supervision of construction works undertaken by the investor; inspection and pre-commissioning testing of construction works during the construction process.

5. Author's supervision carried out by design contractors during the construction process.

6. Controlled experiment, testing of the bearing capacity of the construction structure and construction verification during the construction process.

7. Pre-commissioning testing at the construction stage, or the construction project constituent (if any).

8. Pre-commissioning testing of completed construction items or works before being put into operation or in use.

9. Inspection of the pre-commissioning testing conducted by the competent state authority (if any).

10. Preparation and archiving of project completion documentation.

11. Post-construction restoration.

12. Transfer.

Article 12. Management of building materials, products, components and equipment used in construction projects

1. Responsibilities of the contractor supplying construction products and materials that are goods sold on the market:

a) Conducting the quality control test and providing the principal (the purchaser of construction products) with certificates, accreditations, information and documents related to construction products and materials in accordance with construction contracts and other provisions of relevant laws;

b) Examining the quality, quantity and types of construction products and materials according to contractual requirements before transferring them to the principal;

c) Notifying the principal of requirements concerning transport, storage and preservation of building products and materials;

d) Repairing or replacing construction products that fail to meet quality requirements according to construction product warranty commitments and construction contract terms and conditions.

2. Responsibilities of the contractor manufacturing and producing building materials, components and equipment used for construction works according to specific design requirements:

a) Seeking the principal (purchaser)’s approval of the process of production, testing and experimentation based on the design requirements and the quality control procedures during the manufacturing and production process with respect to building materials, components and equipment;

b) Conducting the manufacturing, production, testing and experimentation based on the procedures approved by the principal, and in conformity to design requirements; quality self-control and cooperation with the principal in quality control during the manufacturing, production, transportation and storage stage at the construction site.

c) Conducting the inspection and pre-commissioning test before transfer to the principal;

d) Transporting and transferring building materials, components and equipment to the principal in accordance with the contract;

dd) Providing the principal with relevant certificates, accreditations, information and documents in accordance with the contract and other provisions of relevant laws.

3. The contractors defined in Clauses 1 and 2 of this Article shall be responsible for the quality of building materials, products, components and equipment supplied, manufactured or manufactured by themselves according to the principal's request and the accuracy and authentication of the documents provided to the principal; the principal's conduct of the pre-commissioning test does not reduce the above-mentioned liability of these contractors.

4. The principal shall assume the following liabilities:

a) Prescribing the quantity, type and technical requirements of building materials, products, components and equipment in the contract with the supply, manufacturing and production contractor in accordance with the design requirements and technical instructions applied to construction projects;

b) Checking the quantity, type, technical requirements of materials, products, components and equipment according to the provisions of the contract; requiring supply, manufacturing and production contractors to fulfill the liabilities specified in Clauses 1 and 2 of this Article before conducting the pre-commissioning test of materials, products, components and equipment used in construction works;

c) Carrying out quality control during the manufacturing and production process according to the procedures agreed upon with the contractor;

d) Preparing documents on quality control of materials, products, components and equipment used for construction projects as prescribed in Clause 5 of this Article.

5. Documents on management of quality of building materials, products, components and equipment used in the construction project, including:

a) Manufacturer’s quality certificate prescribed in contracts and provisions of laws on product quality;

b) Certificate of origin that must conform to the provisions of the contract between the supply contractor, the purchaser, and agree with the accepted and approved list of materials and supplies with respect to importation thereof under the provisions of laws on origin of goods;

c) Certificate of conformance to relevant technical regulations and laws with respect to materials, products, components and equipment subject to the regulatory requirements for certification of conformance and announcement of conformance under legislative regulations on quality of commodities;

d) Information and documents related to materials, products, components and equipment used in construction projects under construction contracts;

dd) Results of tests, experiments or inspections of materials, products, components and equipment used in construction projects in accordance with applied technical regulations, standards and design requirements which are carried out during the construction process;

e) Records of pre-commissioning tests of materials, products, components and equipment used in construction projects according to regulations;

g) Other relevant documents that are prescribed in construction contracts.

6. Change of the types, origins of materials, products, components and equipment used in construction projects:

a) Replaced materials, products, components and equipment must meet design requirements, conform to applicable technical regulations and standards, and must be accepted and approved by the investor under contractual terms and conditions;

b) As for construction projects using public investment capital and state capital other than state investment capital, if such change leads to adjustment of the project, the law on construction project management must be observed.

Article 13. Liabilities of construction contractors

1. Receiving and managing building grounds, preserving land surveying and boundary markets of construction projects, managing construction sites according to regulations.

2. Preparing and notifying investors and relevant entities about contractors’ construction management systems. Construction management systems must commensurate with the size and nature of construction works, clearly stating the organizational charts and responsibilities of each individual for the construction management, including: Construction foreman or project director of the contractor; individuals in charge of direct construction techniques, construction quality and safety control activities, management of construction quantities and progress, and management of construction documents.

3. Seeking the investor’s acceptance of the followings:

a) Plan for testing, inspection, assessment, experimentation, trial operation, monitoring and determination of technical parameters of construction projects according to design requirements and technical instructions;

b) Approach for inspection and control of the quality of materials, products, components and equipment used in construction projects; construction method;

c) Construction progress schedule;

d) Plan for inspection and pre-commissioning test of construction works, pre-commissioning test at the construction stage or construction project constituents (items), acceptance test of completion of construction items and construction works;

dd) General safety plan according to the contents specified in Appendix III of this Decree; Detailed safety measures for works posing high risks of occupational unsafety identified in the general safety plan;

e) Other necessary matters at the request of the investor and as prescribed in construction contracts.

4. Determining danger sites in construction projects.

5. Assigning construction manpower and equipment in accordance with the construction contract and relevant law provisions. Implementing the general occupational safety plan for the work performed on their part. Persons in charge of safety at workplace that are employed by construction contractors must major in occupational safety or construction engineering, and meet other regulations of the laws on occupational safety and hygiene.

6. Fulfilling the principal's responsibilities for the procurement, manufacture and production of materials, products, components and equipment used in construction projects in accordance with Article 12 of this Decree and the provisions of construction contracts.

7. Organize the testing, inspection, experimentation and assessment of building materials, components, products, equipment, technological equipment before and during the construction process according to design requirements and regulations of construction contracts. Construction laboratories owned or hired by contractors under the provisions of construction contracts must be qualified to provide testing services and must directly perform these services to ensure the test results properly indicate the quality of construction materials, components, products, equipment and technological equipment used in construction projects.

8. Carrying out construction activities in accordance with construction contracts, permits (if any) or designs. Promptly notifying investors in case of detecting any discrepancy between design documentation or construction contracts and actual conditions during the construction process. Controlling the quality of construction works on their part according to design requirements and regulations of construction contracts. Quality control records of construction works must accord with the actual time of execution at the construction site.

9. Suspending construction works, project constituents or items when detecting and correcting any error or defect in the quality or any incident. Ceasing construction works when detecting risks of occupational accidents and incidents causing unsafety at work and taking corrective measures to ensure safety before resuming construction works; overcoming consequences of occupational accidents and incidents causing workplace unsafety that would occur during the construction process.

10. Conducting the surveying and monitoring or observation of construction works according to design requirements. Conducting tests, simple or complex dynamic test runs according to plans before recommending pre-commissioning tests.

11. Main contractors or general contractors shall be responsible for inspecting construction works performed by subcontractors on their part.

12. Using occupational safety funds for construction works to serve right purposes.

13. Make logbooks of construction activities and as-built drawings according to the provisions of Appendix II of this Decree.

14. Requesting investors to carry out pre-commissioning activities as per Article 21, 22 and 23 herein.

15. Reporting to investors on the construction progress, quality, quantity, occupational safety and environmental sanitation in accordance with construction contracts and other relevant laws or regulations, or making ad-hoc reports at the investor’s request.

16. Reinstating the construction site, removing supplies, machinery, equipment and other property of their own from the construction site after the construction project has been commissioned and transferred, unless otherwise agreed in the construction contract.

17. Organizing the preparation and archival of construction management documents for the work they perform on their part.

18. Persons in charge of occupational safety of construction contractors shall assume the following responsibilities:

a) Implementing the general plan for safety at the construction site which has been approved by the investor; cooperating with stakeholders to regularly review this plan, safety measures and proposing any timely adjustment to the construction reality;

b) Instructing employees to identify dangerous factors that may cause accidents and measures to prevent accidents at construction site; requiring employees to properly and adequately use personal protective equipment when they are at work; inspecting and supervising the compliance with the occupational safety requirements of employees; managing the number of employees working at construction sites;

c) When detecting violations of the regulations on occupational safety management or risks of occupational accidents or incidents causing occupational unsafety, measures must be taken to promptly handle and correct these issues; deciding on the suspension of the works posing risks of occupational accidents or incidents causing labor unsafety; suspending employees who fail to comply with safety technical measures or violate regulations on the use of personal protective tools and means at construction site from being engaged in construction works and reporting to the construction foreman or the project director;

d) Participating in rescue of victims or mitigation of consequences of occupational accidents or incidents causing unsafety at work.

Article 14. Responsibilities of investors

1. Selecting organizations and individuals fully meeting the prescribed capacity conditions to perform construction works, supervising construction works (if any), conducting construction experiments and assessing the quality of the work ( if any) and performing other construction consulting works.

2. Handing over the site to the construction contractor in accordance with the construction schedule and the provisions of the construction contract.

3. Checking the conditions for starting construction works according to the provisions of Article 107 of Law No. 50/2014/QH13, which is amended and supplemented in Clause 39, Article 1 of Law No. 62/2020/QH14. Announcing project commencement in accordance with the construction law and by using the sample commencement notice specified in Appendix V of this Decree. In case the work is subject to the pre-commissioning test as prescribed in Clause 1, Article 24 of this Decree, the commencement notice must be sent concurrently to the specialized construction agency that is accorded relevant authority.

4. Taking charge of construction supervision as prescribed in Article 19 herein.

5. Establishing the construction management system and notifying the duties and powers of individuals in the construction management system of the investor or the construction supervision contractor (if any) to the relevant contractors. Allocating appropriate human resources to carry out construction supervision, safety management; checking whether the mobilization and allocation of manpower of the construction supervision contractor conform to the construction contract's requirements (if any). Persons in charge of safety at workplace that are employed by investors must major in occupational safety or construction engineering, and meet other regulations of the laws on occupational safety and hygiene.

6. Checking and approving the overall and detailed construction progress schedule of construction items prepared by the contractor to ensure compliance with the approved construction progress schedule. Adjusting the construction progress schedule when necessary according to the provisions of construction contracts.

7. Checking and certifying the volume which has been checked and accepted according to the regulations and the arising volume according to the provisions of the construction contract (if any).

8. Reporting on safety measures to the specialized construction agency as prescribed in Clause 4, Article 52 of this Decree in case the construction project has a dangerous area that greatly affects community safety.

9. Conducting the controlled experiment and quality inspection of construction project constituents, items and construction works according to the provisions in Article 5 of this Decree.

10. Organizing project commissioning.

11. Organizing the preparation of project completion documentation.

12. Temporarily suspending or terminating the construction works of construction contractors when they deem that the construction quality does not meet technical requirements; construction measures are unsafe; violations against regulations on management of workplace safety cause or pose risks of occupational accidents or incidents leading to occupational unsafety.

13. Presiding over, and cooperating with concerned parties in, solving problems arising in the construction works; reporting, handling and mitigating consequences of accidents taken place at construction works, incidents causing occupational unsafety; cooperating with competent agencies in handling incidents at construction works, investigating machine and equipment breakdowns or failures according to the provisions of this Decree.

14. Organizing the implementation of regulations on environmental protection at construction works in accordance with the law on environmental protection.

15. Preparing reports and sending them to the specialized construction agency to examine the pre-commissioning test according to the provisions of this Decree.

16. Investors may have the autonomy in supervising one, several or all of regulations laid down in clause 3 through clause 7 of this Article if they meet the capacity conditions, or may hire consultancy agencies meeting legally prescribed requirements to do so; shall be responsible for inspecting the compliance of hired contractors according to terms and conditions of construction contracts and relevant regulations of laws.

17. Persons in charge of occupational safety of construction contractors shall assume the following responsibilities:

a) Supervising contractors' implementation of safety regulations at construction sites;

b) Organizing cooperation amongst contractors on the safety management and solving occupational safety issues during the construction period;

c) Temporarily suspending or terminating construction activities when detecting signs of violation against safety regulations during the construction period.

Article 15. Responsibilities of employees and workers for compliance with requirements concerning safety at construction sites

Employees of entities participating in construction activities, while operating at construction sites, must comply with the following regulations:

1. Implement employees’ responsibilities under laws on occupational safety and hygiene.

2. Reporting to competent persons when detecting risks of occupational unsafety during the construction process.

3. Refusing to perform the assigned work if they see that such work causes occupational unsafety or they are not provided with adequate personal protective equipment as legally prescribed.

4. Only agreeing to perform the works with strict requirements on occupational safety and hygiene after being trained in occupational safety and hygiene (OSH) practices and granted OSH cards.

5. Participating in rescue of victims or mitigation of consequences of occupational accidents or incidents causing unsafety at work.

6. Implementing other responsibilities under laws on occupational safety and hygiene.

Article 16. Management of machinery and equipment subject to strict occupational safety and hygiene requirements

1. Machinery and equipment subject to strict occupational safety requirements which are used in construction works must undergo technical safety testing and inspection conducted by qualified organizations and individuals in accordance with the laws on occupational safety and hygiene.

2. Organizations and individuals participating in technical inspection of occupational safety must use online software to manage the inspection database (hereinafter referred to as software) specified in Clause 3 of this Article to update the database with latest information about machines and equipment subject to strict requirements on occupational safety that are used for construction activities after having been tested.

3. The Ministry of Construction shall assume the following responsibilities:

a) Developing, managing, updating software and instructing, requiring organizations and individuals engaged in the technical inspection of occupational safety to use the software;

b) Publishing information about the organizations granted the Certificates of conformance to regulations on provision of the technical inspection of occupational safety on the software;

c) Publishing information about individuals who are granted Certificates of inspector on the software.

Article 17. Construction quantity management

1. The construction must be carried out according to the approved design documentation.

2. The quantity of construction works must be calculated and agreed by the investor, the contractor carrying out construction activities or providing supervisory consultancy based on the time or the stage of construction, and must be compared with the approved design quantity as a basis for the pre-commissioning test and contractual settlement activities.

3. When there is any quantity arising out of the approved design or the bill of quantities, the investor, the construction supervisor of the investor, the design consultant and the construction contractor must consider how to handle it. The quantity that the investor or the investment decision maker authorizes or approves shall serve as a basis for payment or settlement of obligations under construction contracts.

4. Any act of false statement, overstatement of the quantity or collusion between stakeholders that leads to the false payment volume must be strictly prohibited.

Article 18. Construction progress management

1. Before the commencement of a construction project, the contractor must set the construction schedule which is based on the contract performance period and the overall execution schedule of the project, and is approved by the investor.

2. The execution schedule of a large construction project with a long construction period must be set for each period of execution, including month, quarter or year.

3. The investor, the construction supervision division of the investor, the construction contractor and other stakeholders shall be responsible for monitoring and supervising the construction progress of the construction project and adjusting the execution schedule in case the construction works in certain phases are prolonged without affecting the overall project progress.

4. On realizing that the overall project progress is prolonged, the investor must report to the investment decision maker to adjust the overall project execution schedule.

Article 19. Construction supervision

1. Construction projects must be supervised during the construction period in accordance with Clause 1, Article 120 of Law No. 50/2014/QH13. The construction supervision involves:

a) Checking the relevance of the construction contractor's capacity for that stated in the bidding documents and construction contracts, including: manpower, equipment, specialized laboratories, quality management systems of construction contractors;

b) Comparing the contractor's construction method with the approved construction method design. Approving the general safety plan and detailed safety assurance measures for specific works or those with high risks of occupational unsafety at construction sites;

c) Considering acceptance of the regulations laid down in Clause 3, Article 13 of this Decree submitted by the contractor and requesting the construction contractor to modify those during the construction process to adapt to the reality and contractual terms and conditions. Where necessary, investors shall agree in construction contracts with contractors on authorizing construction supervision contractors to formulate and request construction contractors to implement the above regulations.

d) Carrying out the inspection and grant approval of building materials, components, products and equipment for use in construction projects;

dd) Inspecting and pushing construction contractors and other contractors to carry out the construction works at construction sites as required by construction designs and construction schedules of the works;

e) Supervising the implementation of regulations on safety management of construction activities; supervising safety measures for adjacent construction works and observations at construction sites;

g) Requesting investors to adjust the detailed design whenever detecting any errors and irrationalities in that design;

h) Requesting contractors to temporarily suspend or terminate the construction works when realizing that the construction quality does not meet technical requirements; construction measures are unsafe; violations against regulations on management of occupational safety cause or pose risks of occupational accidents or incidents leading to occupational unsafety; presiding over, and cooperating with stakeholders in, settling problems arising in the process of construction and cooperating in handling and mitigating consequences of incidents in accordance with this Decree;

i) Examining and evaluating the results of test of construction materials, components and products during the construction process and other relevant documents necessary for the pre-commissioning test; verifying and confirming as-built drawings;

k) Conducting the controlled experiment and quality inspection of construction project constituents, items and construction works according to the provisions of Article 5 of this Decree (if any);

l) Carrying out pre-commissioning tests as prescribed in Articles 21, 22 and 23 of this Decree; inspecting and confirming the completed construction quantities;

m) Performing other tasks prescribed in construction contracts.

2. Investors may have the autonomy in supervising construction if they meet the capacity conditions, or may hire consultancy agencies meeting legally prescribed requirements to supervise the compliance with one or several or all of the regulations laid down in clause 1 of this Article.

3. Under an EPC contract or turnkey contract, responsibilities for construction supervision shall be subject to the following regulations:

a) The general contractor shall be responsible for supervising the work performed on its part and the work performed by a subcontractor. The general contractor may have the autonomy in supervising construction or hire a consultancy agency meeting legally prescribed requirements to supervise the compliance with one or several or all of the regulations laid down in clause 1 of this Article, which must be prescribed in the construction contract between the general contractor and the investor;

b) The investor shall be responsible for inspecting the general contractor's implementation of construction supervision. The investor shall be entitled to appoint a representative to participate in the inspection and pre-commissioning testing of the construction project and the important phase of transition of construction steps, which must be agreed upon in advance with the general contractor in the inspection and pre-commissioning test plan according to regulations laid down at Point d, Clause 3, Article 13 of this Decree.

4. The organization performing the supervision of compliance with regulations specified in Clause 2 and point a, Clause 3 of this Article must develop a quality management system and have sufficient personnel to perform the supervision at the construction site in accordance with the scope and requirements of the supervision work. Depending on the scale, nature and engineering conditions of the construction project, the personnel structure decided by the construction supervision organization should include the chief supervisor and supervisors. Persons rendering the construction supervision under the control of the above organization must have a construction supervision practicing certificate relevant to the training major and grade of the construction project.

5. Organizations and individuals rendering the construction supervision must make reports on their construction supervision results that contain information specified in Appendix IV of this Decree to investors, and take responsibility for the accuracy, truthfulness and objectivity of these given information. A report may be made in the following cases:

a) A periodic report or a report made over stages of construction is required according to the provisions of Appendix IVa of this Decree. The investor shall regulate the formulation of a periodic report or a report over stages of construction, and the reporting time;

b) A report on the pre-commissioning test of the construction project at a stage, the pre-commissioning test of the completion of a construction package, item and construction work is required, subject to the provisions of Appendix IVb of this Decree.

6. In case where the investor, EPC contractor or other general contractor winning a turnkey contract exercises the autonomy in carrying out both the construction supervision and construction, the investor and the general contractor must establish a construction supervision unit independent from the construction unit.

7. For the construction projects using public investment capital and state capital other than public investment capital:

a) The construction supervision organization must be independent from the construction contractor and the contractor manufacturing, producing and supplying materials, products, components and equipment used in construction works;

b) The construction supervision organization shall not be allowed to participate in the quality inspection of the construction work under their supervision;

c) The contractor manufacturing, producing and supplying materials, products, components and equipment used for a construction project shall not be allowed to participate in the quality inspection of products created by using materials and products that they supply.

8. As for PPP projects, contracting authorities shall assume the following responsibilities:

a) Verifying information about the contractor’s capacity and experience to check whether such information is consistent with the invitation for bid or the request for proposals, and the contractor selection results for the project's packages (if any);

b) Checking whether the implementation of the construction supervision conforms to the contents of the protocol and supervision objectives and the provisions of this Decree; checking the compliance with technical regulations and standards applicable to each construction project, technical regulations of design documentation during the construction process.

Contracting authorities organize the formulation and approval of the inspection plans, containing information about the inspection scope, inspection contents, number of tests, and other requirements relevant to the inspection work to be performed and arrangements made in project contracts;

c) Requesting PPP project enterprises to request supervision consultants or construction contractors to replace personnel that fail to meet the capacity requirements specified in the invitation for bid, the request for proposals and regulations of construction laws;

d) Requesting PPP project enterprises to temporarily suspend or suspend the construction of works when detecting any incident causing the construction unsafety, any sign of violation of regulations on load-bearing safety, fire prevention and fighting, schools affect human lives, safety of the community, safety of adjacent works, and requiring contractors to take remedial actions before resumption of construction activities;

dd) Inspecting the quality of construction project constituents, items and the entire construction project when there are any quality-related suspicion or upon the request of state regulatory authority. The contracting authority shall undertake the selection and approval of the construction testing contractor selection results according to the provisions of the law on bidding; inspecting the inspection performance according to regulations;

e) Taking part in the pre-commissioning test of the completed construction items and construction works before putting them to use according to the provisions of Article 23 of this Decree;

g) Inspecting the quality of the work as a basis for eligibility for transfer under the BOT or BLT project contract upon expiry of the service business or lease period.

Article 20. Author's supervision carried out by design contractors during the construction period

1. The contractor making the construction design shall be charged with carrying out the author’s supervision at the investor’s request and in compliance with the construction contract.

2. Tasks involved in the author’s supervision:

a) Explaining and clarifying detailed design documents at the request of the investor, the construction contractor or the construction supervision contractor;

b) Cooperating with the investor upon request in solving design problems and issues during the construction process; adjusting the design to the actual construction conditions, and handling irrationalities arising in the design upon the request of the investor;

c) Promptly notifying the investor and recommending actions to be taken when discovering that the construction contractor's work is not conformable to the approved design;

d) Participating in the pre-commissioning test of the construction project at the request of the investor. In case of detecting that construction products or items fail to meet pre-commissioning test requirements, they must promptly raise their written opinions about this situation to the investor.

Article 21. Pre-commissioning tests

1. Based on the plan for testing and inspection of construction works and the actual construction schedule at the construction site, the person directly supervising the construction and the person directly in charge of construction techniques of the construction contractor can carry out the pre-commissioning test of construction works and take responsibility for the results of the evaluation of the quality of construction works that are completed and undergo the pre-commissioning test. Pre-commissioning test results must be endorsed in a report.

2. Construction supervisors must refer to the approved documentation on the construction drawing, technical regulations, applied technical regulations, and results of quality inspection and testing of building materials and equipment which are made available during the construction process and related to the tested objects to check the construction works subject to the pre-commissioning test requirements.

3. Construction supervisors must conduct the pre-commissioning test of construction works within 24 hours after receipt of the construction contractor's request for the pre-commissioning test of construction works. In case of refusal of the request for the pre-commissioning test, the written notification clearly stating the reasons for such refusal must be sent to the construction contractor.

4. The written report on the pre-commissioning test of specific construction works or multiple construction works in a construction item shall be made in order of construction activities, and containing the following main information:

a) Description of the tested work;

b) Testing location and time;

c) Signatories of the test report;

d) Pre-commissioning test conclusions, clearly stating whether or not to accept the pre-commissioning test results; consent to proceeding to the following work; request for repair and completion of the work performed and other requirements (if any);

dd) Signature, full name, title of the signatory to the pre-commissioning test report;

e) Appendices (if any).

5. Signatories of the test report:

a) Person directly supervising construction activities of the investor;

b) Person in charge of construction technical methods of the construction contractor or the contractor or the main contractor;

c) Person in charge of construction technical methods of the subcontractor is a signatory if the general contractor or the main contractor involves in the test.

6. Signatories to the pre-commissioning test report in case of application of an EPC contract:

a) The person directly supervising the construction of the EPC contractor or the person directly supervising the construction of the investor with respect to the work under his/her supervision according to the provisions of the contract;

b) Person in charge of construction technical methods of the EPC contractor.

In case where the EPC contractor hires a subcontractor, the person directly in charge of the construction technical methods of the EPC contractor and the person directly in charge of the construction technical methods of the subcontractor shall sign the pre-commissioning test report;

c) The investor’s representative is a signatory if there is an agreement with the general contractor (if any).

7. Signatories to the pre-commissioning test report in case of application of a turnkey contract:

a) Person directly supervising construction activities of the general contractor;

b) Person in charge of construction technical methods of the general contractor.

8. In case where the contractor is a consortium, the person directly in charge of the construction of each consortium member signs the test report on the work that they perform on their part.

Article 22. Pre-commissioning testing at the construction stage, or of the construction project constituent

1. Based on the specific conditions of each project, the investor and related contractors may, of their own choice, reach agreement on the organization of the pre-commissioning test at the construction phase or of the construction project constituent in the following cases:

a) At the end of a construction phase or upon completion of a construction project constituent, it shall be necessary to carry out the inspection and the pre-commissioning test to assess the quality before moving to the next construction stage;

b) Upon completion of a construction package.

2. The pre-commissioning test at a construction stage or of a construction project constituent shall be carried out on the basis of checking whether the results of the works which have been tested as prescribed in Article 21 of this Decree, results of the test, inspection, experiment or test run are conformable to technical requirements according to construction design regulations and legislative documents in accordance with relevant laws during the construction stage for the purpose of assessment of pre-commissioning test conditions of agreements between the involved parties.

3. Investors and related contractors may, of their own accord, reach agreement on the time of the pre-commissioning test, the order, contents, conditions and participants in the pre-commissioning test. In such case, test results must be endorsed in report.

Article 23. Tests of completion of construction items or projects before putting them into operation

1. Tests of completion of construction items or projects:

Before putting them into operation, an investor shall be responsible for undertaking and directly participating in tests of all of construction items or the entire project if the following requirements are satisfied:

a) The construction works are completely and fully performed according to the approved design documents;

b) The test of construction works, project constituents, and at the construction stage is fully conducted in accordance with Articles 21 and 22 of this Decree;

c) Results of the test, inspection, experiment or test run conform to technical requirements set out in construction design rules;

d) Complying with legislative regulations on fire prevention and fighting, environmental protection and other relevant provisions of laws.

2. The conditional test or the test of specific constituents of the construction project:

a) The investor may decide to conduct the conditional test before putting a construction item or construction project into temporary operation in case the basic construction work has been completed according to the design requirements, but there are still some issues related to quality that do not affect the load-bearing capacity, longevity and usability of the work; the project meets eligibility requirements for operation and comply with relevant specialized laws. Commissioning test results must be endorsed by the written report containing information prescribed in Clause 6 of this Article, clearly specifying quality-related issues that need to be dealt with or construction works to be continued and the time or duration of completed mitigation or completion of construction works, and requirements concerning the scope of service of a construction project (if any). The investor shall undertake the test for the completion of the construction project after quality-related issues are successfully handled or the remaining construction works are completed;

b) In case where a constituent of the construction work is completed and meets the conditions specified in Clause 1 of this Article, the investor may decide to conduct the pre-commissioning test of this constituent before putting it into temporary operation. Pre-commissioning test results must be certified by a report containing the information specified in Clause 6 of this Article which must clearly elaborate on the project constituent to be tested. The investor shall be responsible for continuing to finish and test the rest of constituents or construction items according to the design requirements. The process of finishing the rest must ensure safety and not affecting the normal exploitation and operation of the tested construction constituent.

3. Conditions for bringing the construction project or construction project item into operation or in use:

a) They are tested as per Clause 1 and 2 of this Article;

b) As for the construction projects specified in Clause 1, Article 24 of this Decree, the pre-commissioning tests thereof must be inspected by the competent state authorities specified in Clause 2, Article 24 of this Decree and results of the test  specified at Point a of this Clause must obtain the written approval granted by investors. For the construction projects using public investment capital or state capital other than public investment capital, investors shall only be allowed to settle construction contracts after obtaining the abovestated written approval of test results. For the construction works constituting a PPP project, the above-stated written approval of the pre-commissioning test results shall serve as a basis for the PPP project enterprise to prepare request documentation for work completion certification.

4. In a construction project, if certain major specifications and parameters fail to match design requirements and it is not or has not yet been eligible for the completion test or the conditional test referred to in Clauses 1 and 2 of this Article, the following actions shall be taken:

a) The investor and the contractor must clarify technical specifications and parameters that do not conform to the design requirements; determine responsibilities of organizations and individuals involved and handle violations according to the provisions of the construction contract;

b) In this case, only traffic works or works that provide essential technical infrastructure facilities for community benefits shall be considered to be brought into operation or in use after technical parameters, conditions for putting construction projects into operation or in use must be re-assessed; the investment decision maker grants approval; and the competent state authority gives their opinions in accordance with relevant laws.

5. The investor and related contractors may reach agreement on the time of the pre-commissioning test, the order and contents of the test. After that, test results must be endorsed in a report. Report contents and signatories are regulated in clause 2, 6 and 7 of this Article.

6. The report on the test for completion of a construction project item or work must include the following information:

a) Title of the tested construction item or project;

b) Testing location and time;

c) Signatories of the test report;

d) Assessment of the satisfaction of the test conditions specified in Clause 1 of this Article and the conformability of the tested construction item and project to the design requirements, technical instructions and other requirements of the construction contract;

dd) Test conclusion (agreeing or disagreeing the test for completion of the construction item, construction work; requesting repair, further completion and other opinions (if any));

e) Signature, full name, title and stamp of the legal entity of the signatory to the test report;

g) Appendices (if any).

7. Signatories of the test report:

a) Legal representative of the investor or the authorized person;

b) Legal representative of the construction supervision contractor or the chief supervisor;

c) Legal representative, construction foreman or project director of the main construction contractor or the general contractor (under the general contract); In case the contractor is a consortium, the legal representative, construction foreman or project director of each consortium member;

d) Legal representative and design manager of the contractor that will be signatories at the request of the investor;

dd) Legal representative of the authority having competence in signing the project contract or an authorized person under the public-private partnership contract.

Article 24. Inspection of the pre-commissioning test or commissioning of construction projects

1. Construction projects must be subject to the inspection of the pre-commissioning test or test for completion prescribed in clause 45 of Article 1 of the Law on 62/2020/QH14 by the competent regulatory authorities regulated in clause 2 of this Article. The following construction works and projects shall be subject to such inspection:

a) Construction works of national important projects; large-scale and complex technical works as prescribed in Appendix VIII of this Decree;

b) Construction works using public investment funds;

c) Construction works having great impacts on the safety and benefits of the community in accordance with the law on management of construction investment projects other than the works mentioned at Points a and b of this Clause.

2. Inspection authority:

a) The Council prescribed in Article 25 herein shall be accorded authority to inspect the construction works prescribed in point a of clause 1 of this Article;

b) The specialized construction body directly affiliated to the Ministry in charge of specialized construction works shall have authority to carry out the inspection with respect to construction works, irrespective of whether they are funded by investment capital under their jurisdiction as prescribed in clause 3 of Article 52 herein, including:   Grade-I construction works, special-grade construction works, construction works assigned by the Prime Minister, construction works located along routes passing through 2 provinces or more; construction works belonging to projects subject to investment decisions issued by or under the authority delegated to central authorities affiliated to political organizations, Supreme People’s Procuracy, Supreme People’s Court, State Audit, Office of the President, Office of the National Assembly, Ministries, Ministry-level agencies, Governmental agencies and central bodies of Vietnam Fatherland Front and socio-political organizations (hereinafter referred to as Ministries, central bodies); construction works belonging to projects put under the authority to issue investment decisions of, or owned by, State economic groups; except for those specified at Point a of this Clause;

c) Specialized construction authorities affiliated to provincial-level People's Committees shall inspect various types of construction works within their respective localities under their management according to Clause 4, Article 52 of this Decree, except for the works specified at Point a, point b of this clause; Provincial People's Committees may decentralize the inspection of the pre-commissioning test to the specialized authorities affiliated to district-level People's Committees;

d) The Minister of National Defense and the Minister of Public Security shall regulate the authority to inspect the works serving national defense and security purposes;

dd) In case a construction investment project includes multiple construction works or items of different types and grades that are specified in Clause 1 of this Article, authorities in charge of the inspection shall be the ones responsible for the inspection of main construction works or items ranked at the highest grade amongst those of this construction investment project.

3. Contents and procedures for inspection of the pre-commissioning test during the construction process and upon completion of construction with respect to construction works specified at Point a, Clause 1 of this Article shall be subject to the Council's working rules set in Clause 1 of Article 25 of this Decree.

4. The inspection by the specialized construction authority must involve:   

a) Inspection of the investor's and contractor’s compliance with regulations on quality and safety management for construction activities in accordance with this Decree and regulations of relevant laws;

b) Inspection of pre-commissioning testing conditions for completion of construction works before putting them into operation or in use.

5. Procedures for inspection of the pre-commissioning test during construction by specialized construction authorities:

a) After receiving the project commencement notice from the investor that are prepared according to Appendix V of this Decree, the specialized construction agency carries out the inspection no more than 3 times for special-grade and grade-I construction works, and not more than 02 times for the remaining construction works during the period from the project commencement date to the project completion date, except as the project has quality-related problems or issues during the construction process, or the investor organizes the pre-commissioning test according to the provisions of Clause 2, Article 23 of this Decree;

b) Based on the investor's update report, the specialized construction agency decides the time of the inspection and notifies the investor of the inspection plan; conducts the inspection involving those specified at Point a, Clause 4 of this Article and sends a written notice of the results of the inspection during the construction process to the investor. The time limit for issuing the written notice is no more than 14 days for grade-I, special-grade construction works, and no more than 7 days for other construction works from the date of inspection.

6. Procedures for the pre-commissioning test for completion of a construction work or project:

a) 15 or 10 days before the investor’s proposed date of testing for completion of the special-grade or grade-I project, or  the rest of works prescribed in Article 23 of this Decree, respectively, the investor must send 01 set of documents to request the inspection of the pre-commissioning test according to the provisions of Appendix VI of this Decree to the specialized construction authority;

b) The specialized construction authority carries out the inspection involving those specified at Point b, Clause 4 of this Article. In case where the construction work is not inspected during the construction process according to the provisions of Clause 5 of this Article, the inspection will be carried out as stated in Clause 4 of this Article. The written document stating approval of the investor's test results shall be issued in accordance with the provisions in Appendix VII of this Decree while the written document stating rejection of the investor’s test results shall be issued, clearly stating issued that need to be handled. The time limit for issuing such written document by the specialized construction authority is not more than 30 days for grade-I, special-grade construction works, and 20 days for the remaining construction works, from the date of receipt of the written request for inspection of the pre-commissioning test;

c) During the inspection process, the competent authority specified in Clause 2 of this Article shall be entitled to request the investor and stakeholders to explain and address issues (if any) and request controlled experiments, construction testing and inspection, bearing capacity testing of construction structures according to the provisions of Article 5 of this Decree;

d) Competent authorities are allowed to invite organizations and individuals having appropriate competencies to participate in the inspection and testing work.

7. The inspection of the pre-commissioning test by the competent authority specified in Clause 2 of this Article shall not replace or reduce the investor's responsibility for the quality management of construction works and the responsibilities of contractors participating in construction activities for construction quality for the work they perform in accordance with the law.

8. Costs and expenses for the inspection of the pre-commissioning test during the construction process and for completion of construction shall be estimated, appraised and approved by the investor and included in the total construction investment.

9. The Minister of Construction shall provide instructions about the costs of inspection of the pre-commissioning tests during the construction process and for completion of the construction works.

Article 25. The Council of inspection of pre-commissioning tests established by the Prime Minister

1. The Prime Minister shall decide to establish the Council for State Inspection of Construction Pre-commissioning Tests (hereinafter referred to as the Council) and regulate the organizational structure, responsibilities, powers and working rules of the Council as recommended by the Minister of Construction to implement the responsibilities specified at Point a, Clause 4, Article 123 of Law No. 50/2014/QH13 which is amended and supplemented in Clause 45, Article 1 of Law No. 62/2020/QH14.

2. Every year, the Council shall propose the list of works to be tested by the Council to seek the Prime Minister's approval.

3. Ministries, Ministry-level agencies, Governmental bodies, provincial People’s Committees, and other entities or individuals concerned, shall be responsible for cooperating with the Council in performing the Council’s tasks.

Article 26. Preparation and archival of project completion documentation

1. Investors must undertake the preparation of construction completion documentation according to the provisions of Appendix VIb of this Decree before putting construction works or projects into operation or in use.

2. Construction completion documentation shall be made once for the entire construction investment project if the construction works (items) belonging in projects are put into operation or in use at the same time. In case where construction works (items) of a project are put into operation or in use at different time, construction completion documentation can be made for each of these works (items).

3. Investor shall undertake the preparation and archival of construction completion documentation. The entities involved in construction investment activities will keep records and documents related to the works they perform on their part. If there is none of originals, main copies or legitimate duplicates thereof may be used instead. Particularly for residential buildings and monuments, the archival must also be subject to the law on housing and the law on cultural heritage.

4. The minimum period of archival or retention of documents and records shall be 10 years for construction works of group-A projects, 07 years for construction works of group-B projects and 05 years for construction works of group-C projects from the date on which these construction items and works are put to use.

5. Documents and records submitted as archives of construction projects shall comply with the provisions of law on archival.

Article 27. Delivery of construction works or projects

1. The delivery of construction works and projects shall be subject to regulations laid down in Article 124 of the Law No. 50/2014/QH13, which is amended and supplemented in clause 46 of Article 1 in the Law No. 62/2020/QH14.

2. Depending on the specific conditions of each construction work, each completed project constituent or each construction item that is completed and tested according to regulations can be delivered and put into operation at the request of the investor or the operator.

3. Investors shall undertake the preparation of 01 set of documents serving the purposes of management, operation and maintenance of construction works or projects in accordance with the provisions of Appendix IX of this Decree, and delivery thereof to owners or managers or users thereof during the process of such delivery. Owners or managers or users of construction works shall be responsible for retaining and archiving delivery documentation during the process of operation and use of such construction works.

4. In case of partially putting construction works into operation or in use, investors shall undertake the preparation of construction completion documentation, the preparation and handover of documentation serving the purposes of management, operation and maintenance of the part of construction work to be put to use.

Chapter III

WARRANTY, MAINTENANCE AND DEMOLITION OF CONSTRUCTION WORKS

Section 1. CONSTRUCTION WARRANTY

Article 28. Construction warranty requirements

1. Construction contractors and equipment supply contractors shall be responsible to investors for the warranty for the works they perform on their part.

2. In the construction contract, the investor must agree with the contractors involved in the construction work on the rights and responsibilities of the parties regarding the construction warranty; period of warranty for the construction work, equipment, technological equipment; warranty method and form; warranty coverage; custody, use, and refund of warranty expenses, collateral, pledged property or other forms of guarantee having equivalent value. The above contractors shall only be entitled to refund of the warranty expenses, collateral, collateral, pledged property or other forms of guarantee after the expiration of the warranty period, and obtaining the investor’s confirmation of discharge of warranty liabilities. For construction works using public investment capital or state capital other than public investment capital, monetary warranty or letter of guarantee for warranty issued by banks may be accepted. The warranty period and coverage shall be specified in Clauses 5, 6 and 7 of this Article.

3. Depending on the specific conditions of each construction work, the investor may agree with the contractor on a separate warranty period for one or several construction items, construction or equipment installation bids in addition to the overall warranty period for the entire construction project as prescribed in Clause 5 of this Article.

4. The period of warranty for construction works in progress that have quality-related defects or incidents that have been repaired and remedied by the contractor may be extended on the basis of agreements between the investor and the construction contractor before the pre-commissioning test thereof.

5. The warranty period for new or renovated or upgraded construction works or projects shall start from the date of the investor’s pre-commissioning test in accordance with regulations and shall be regulated as follows:

a) Not less than 24 months for special-grade and grade-I construction works using public investment capital or state capital other than public investment capital;

b) Not less than 12 months for construction works at other grades using public investment capital or state capital other than public investment capital;

c) The warranty period for construction works using other capital which can be determined with reference to the provisions of Points a and b of this Clause.

6. The warranty period for construction equipment, technological equipment shall be determined under the construction contract but not shorter than the warranty period as prescribed by the manufacturer and shall be calculated from the date of the test of completion of equipment installation and operation activities.

7. For construction works using public investment capital or state capital other than public investment capital, the minimum warranty coverage shall be regulated as follows:

a) 3% of contract value with respect to special-grade and grade-I construction works;

b) 5% of contract value with respect to construction works at the remaining grade;

c) The warranty coverage for construction works using other capital which can be determined with reference to the minimum warranty coverage prescribed in Points a and b of this Clause.

Article 29. Liabilities of entities involved in construction warranties

1. During the validity period of warranty for a construction work, when detecting any damage or defect, the investor must, and the owner or the manager or the user of that construction work must report to the investor to, request the construction contractor or the equipment supply contractor to implement warranty procedures.

2. The construction contractor and equipment supply contractor shall have the burden of discharging warranty obligations to the work they perform on their part after receiving the warranty claim from the investor, the owner or the manager or the user of the construction work with respect to any damage occurring during the warranty period, and bearing all costs associated with the warranty claim payments.

3. The construction contractor or equipment supply contractor shall have the right to refuse to take warranty responsibilities in cases where damage or defect is caused through no fault of their own or due to force majeure events prescribed under the construction contract. In case damage or defect is caused through the contractor's fault but the contractor does not carry out their warranty obligations, the investor shall have the right to use the warranty sum to hire another organization or individual to perform their warranty obligations. The investor, the owner or the manager or the user of a construction work shall be responsible for complying with regulations on operation and maintenance of the construction work in the course of operation and use of such work.

4. The investor shall be responsible for inspecting and testing the implementation of the warranty obligations by the construction contractor and the equipment supply contractor.

5. Certifying the completed warranty for construction works:

a) Upon expiry of the warranty period, the construction contractor and the equipment supply contractor shall make a report on completion of implementation of warranty obligations and send it to the investor. The investor shall be responsible for certifying the completion of implementation of the warranty obligations for the construction work to the contractor in writing and refunding the warranty sum (or releasing the letter of guarantee having equivalent value from the bank) to the contractors in case where results of inspection and testing of warranty performance of the construction contractor or the equipment supply contractor in Clause 4 of this Article are satisfactory;

b) The owner or the manager or the user of that construction work must take part in granting the certificate of completion of warranty for the construction work to the construction contractor or the equipment supply contractor at the investor’s request.

6. The construction survey contractor, the construction design contractor, the construction contractor, the construction equipment supply contractor and other relevant contractors shall be responsible for the quality of the work performed on their part even after expiry of the warranty period.

7. For housing construction works, contents, requirements, responsibilities, forms, values and warranty periods must comply with the housing law.

Section 2. CONSTRUCTION MAINTENANCE

Article 30. Steps in maintenance of construction works 

1. Formulating and approving the construction maintenance procedures. 

2. Making the plan and cost estimate for the construction work.

3. Carrying out the maintenance and quality management of maintenance work.

4. Assessing the safety for the construction work.

5. Preparing and handling construction maintenance documentation. 

Article 31. Construction maintenance procedures 

1. Subject matters of maintenance of construction works, including:

a) Technical specifications, technology of the construction project, constituent and construction equipment;

b) Regulations on the object, method and frequency of construction inspection;

c) Regulations on contents of and instructions on maintenance of the work in accordance with each construction constituent, type of work and equipment installed in the work;

d) Regulations on the time of and directions for the periodic replacement of equipment installed in the construction work;

dd) Directions for the method of repair of the damaged construction works, handling of the degraded construction works;

e) Regulations on the useful life of the construction work, project constituents, construction items and equipment installed in the construction work;

g) Regulations on the contents, method and time of the initial assessment and frequency rate of assessment of construction works subject to the safety assessment in the course of use and operation in accordance with applicable technical regulations and standards and provisions of relevant laws;

h) Determining the time, subject matters and contents of the periodic inspection;

i) Regulations on the time, method and cycle of observation of the construction works subject to the observation requirements;

k) Regulations on construction maintenance records and information updating for construction maintenance records and documents;

l) Other instructions related to the maintenance of construction works and regulations on the conditions to ensure conformance occupational safety and environmental hygiene requirements during the maintenance of construction works.

2. Responsibilities for establishment and approval of construction maintenance procedures: 

a) The construction design contractor formulates and hands over to the investor the construction maintenance process, construction constituents together with design documents deployed after the initial design stage; updates the maintenance process to suit the design changes in the construction process (if any) before the construction item or construction work is tested before being put to use;

b) The contractor supplying equipment to be installed in the construction project prepares and hands over to the investor the maintenance process for the equipment that they supply before installation thereof at the construction project;

c) In case where the construction design contractor or the equipment supply contractor cannot establish the maintenance process, the investor may hire another qualified consultant to develop the maintenance procedures for the project for those specified at Points a and b of this Clause and shall be responsible for paying consulting costs;

d) The investor undertakes the preparation and approval of the maintenance procedures according to the provisions of Point b, Clause 1, Article 126 of the Law No. 50/2014/QH13 amended and supplemented at Point a, Clause 47, Article 1 of Law No. 62/2020/QH14. The investor, the owner or the manager or the user of the construction work may hire a qualified consultant to assess a part or the whole of the construction maintenance procedures designed by the design contractor as a basis to seek approval.

3. For construction works which have been put into operation or in use, if there is no maintenance procedures, the owners or the managers or the users of such works shall formulate and approve the construction maintenance procedures, possibly undertaking construction inspection as a basis for establishing maintenance procedures for them if necessary. In the maintenance procedures, the remaining useful life of each construction work, project constituent, item and equipment installed at the construction work must be clearly identified.

4. It shall not be mandatory to establish the separate maintenance procedures for each grade-III or lower-grade construction work, detached house and temporary construction work, unless otherwise prescribed by law. The owners or the managers or the users of these construction works shall be responsible for maintaining them in accordance with regulations on maintenance of construction works laid down herein.

5. In case there are standards for maintenance or the similar maintenance procedures for construction works, the owners or the managers or the users of such works can apply them to the works without needing to set up the separate maintenance procedures.

6. Adjustment in the procedures for maintenance of construction works:

a) The owner or the manager or the user of a construction work is entitled to adjust the maintenance procedures when detecting unreasonable factors that may affect the quality of the work, causing impacts on the operation and use of the work, and shall be responsible for their decision;

b) The contractor formulating the maintenance procedures is obliged to modify, supplement or change irrational contents of the maintenance procedures if such irrationality is caused through his fault, and has the right to refuse any unreasonable request for adjustment of the maintenance procedures from the owner or the managers or the user of the construction work;

c) The owner or the manager or the user of the construction work has the right to hire another qualified contractor who is capable of modifying or supplementing the maintenance procedures in case the contractor formulating the initial maintenance procedures fail to do so. The contractor modifying or supplementing the construction maintenance procedures must be responsible for the quality of the work that they perform;

d) As for construction works where maintenance technical standards are used for performing maintenance work, if these standards are modified or replaced, the owner or the manager or the user of the construction work shall be responsible for performing the maintenance work according to the updated maintenance procedures;

dd) The owner or the manager or the user of the construction work shall be responsible for approving the adjustments of the maintenance procedures, unless otherwise prescribed by law.

Article 32. Construction maintenance plan 

1. The owners or the managers or the users of these construction works develops the annual construction maintenance plan based on the approved maintenance procedures and the actual conditions of the construction work.

2. The construction maintenance plan must include the following information:

a) Involved activities;

b) Execution time;

c) Execution method;

d) Execution costs.

3. The maintenance plan may be modified or supplemented during the execution process. The owner or the manager or the user of the construction work shall decide any modification or supplementation of the construction work.

Article 33. Carrying out the maintenance of construction works 

1. The owner or the manager or the user of the construction work has the autonomy in conducting the inspection, servicing and repair of the construction work according to the approved work maintenance procedures if they meet eligibility conditions, or may hire another qualified organization to render the maintenance work.

2. Carrying out the regular, periodic and irregular inspection to promptly detect signs of degradation or damage to the construction work, and equipment installed in the construction work as a basis for the servicing of the construction project.

3. Construction servicing is performed according to the approved annual maintenance plan and construction maintenance procedures. 

4. Repair of construction works, including:

a) Periodic repair of construction works involves the repair of any defect or replacement of damaged constituents or equipment installed in these works which is carried out in a periodic manner as prescribed in the maintenance procedures;

b) The ad-hoc repair of a construction work is made when a part or the whole of the construction work is damaged due to unexpected events, such as wind, storm, flood, earthquake, collision, fire and others, or when a part or the whole of the construction work is likely degraded to the extent of adverse effects on safety for use, operation and exploitation of this work. 

5. The quality inspection shall be carried out to assist in the construction maintenance of a construction work when:

a) The periodic maintenance is carried out according to the approved construction maintenance procedures;

b) It is discovered that a part or the whole of the construction work is damaged or likely causes danger or unsafety for the operation and use of the construction work;

c) There is a request for assessment of the current quality of the construction work assisting in the formulation of the maintenance procedures for construction works that have already been put into use without the maintenance procedures;

d) Needing a basis to decide the extension of the work's useful life with respect to construction works whose design life has expired or to renovate or upgrade the construction work;

dd) Receiving the requests from competent regulatory authorities.

6. The construction observation shall be carried out to assist in the construction maintenance of a construction work in the following cases:

a) Any incident involving construction projects of national importance or others may result in catastrophic consequences;

b) The construction work is likely collapsed due to subsidence, tilt and other abnormalities;

c) At the request of the investor, the owner or the manager or the user of the construction work.

The Ministry of Construction and the Ministry managing specialized construction works shall provide for the list of the works that must be observed during the process of operating and using these works.

7. In cases where the work has many owners, in addition to the responsibility for the maintenance of the part of the work under their own ownership, the owner shall be responsible for the maintenance of the part of the work under common ownership in accordance with relevant laws.

8. As for the construction work that has not been delivered to the owner or the manager or the user of the construction work, the investor shall be responsible for making the construction maintenance plan and carrying out the maintenance of the construction work according to the provisions of this Article and Article 31 of this Decree.

Article 34. Management of construction maintenance quality 

1. The regular, periodic and ad-hoc inspection shall be carried out visually or via regular observation data (if any) or by dedicated test equipment by the owner, the manager or the user of the construction project where necessary.

2. The construction servicing is performed step by step according to the construction maintenance procedures.   Results of construction maintenance must be recorded and documented; the owner or the manager or the user of the construction work shall be responsible for certifying the completion of maintenance work and taking control of maintenance activities in the construction maintenance documentation.

3. The owner or the manager or the user of the construction work shall undertake the supervision and testing of the repair work; preparation, management and archival of construction repair documents in accordance with the law on construction management and other relevant laws.

4. The repair work must be warranted for not less than 6 months with respect to grade II or lower-grade construction works and not less than 12 months with respect to grade I or higher-grade construction works. Warranty coverage must not be less than 5% of contract value.

5. The owner or the manager or the user of the construction work may enter into an agreement with the repair contractor on warranty rights and responsibilities, warranty period, warranty coverage for the repair work during the construction maintenance period.

6. In case where the construction work requires observation or quality inspection, the owner or the manager or the user of the construction work must hire a qualified organization to perform these tasks. Where necessity, the owner or the manager or the user of the construction work can hire an independent organization to assess the review reports on inspection and observation results.

7. Documentation requirements of the construction maintenance work:

a) Documents serving the maintenance work include those on construction maintenance procedures, as-built drawing, record of equipment installed in the construction work and other records, documents necessary for the construction maintenance work;

b) The investor shall be responsible for handing over the construction maintenance documents to the owner or the manager or the user of the construction work before delivery of the construction work for operation and use.

8. Construction maintenance documentation, including:

a) Those documents serving construction maintenance purposes as stated in clause 7 of this Article;

b) Maintenance plan;

c) Regular and periodic inspection results;

d) Construction servicing or repair results;

dd) Construction observation results and construction quality inspection (if any);

e) Results of assessment of load bearing and operational safety of the construction work during the period of operation and use thereof (if any);

g) Other relevant documents.

9. In case of construction projects under PPP agreements

a) The contracting authority shall be responsible for inspecting PPP project enterprises’ construction maintenance activities according to the provisions of this Decree;

b) PPP project enterprises shall be responsible for the transfer of technologies, handing over maintenance documents and construction maintenance documents to contracting authorities before transfer of construction projects according to regulations of project agreements.

Article 35. Construction maintenance costs 

1. Costs of maintenance of a construction work are all costs that are determined according to the requirements of the works to be performed in accordance with the approved construction maintenance procedures and plan. Maintenance costs may include one, some or all of the costs incurred from the maintenance of a construction work according to the requirements of the approved construction maintenance procedures.

2. Based on the form of ownership and management and use of the work, the cost of the maintenance work is formed from one source of capital or a combination of the following sources of capital: state capital other than public investment capital, regular expenditure, revenues from the operation and use of construction works; capital contributed and raised from organizations, individuals and other lawful sources of capital.

3. Construction maintenance costs: 

a) The costs of execution of the annual maintenance works, including: Costs incurred from formulating annual construction maintenance plans and cost estimates; carrying out regular and periodic construction inspections; project servicing costs determined according to the annual maintenance plans of construction projects; setting up and operating the database of construction maintenance; preparing and managing construction maintenance documentation.

b) Costs of (both regular and irregular) construction repairs,  including the costs incurred from making repairs for construction work and equipment according to the approved construction maintenance procedures, and from any necessary addition and replacement of construction items and equipment to serve the purposes of ensuring the right functions and safety of construction works during the period of operation and use.

c) Costs of consulting services for construction maintenance work, including:   Costs incurred from establishing, examining (in case there is no maintenance procedures) or adjusting the construction maintenance procedures; inspecting the quality of construction works as a basis for maintenance work (if any); checking construction works spontaneously to serve maintenance purposes (if any); conducting the ad-hoc inspection of construction works as required (if any); conducting the periodic assessment of the safety of construction works during the period of operation and use (if any); carrying out the survey with the aim of creating designs for repair work; making, verifying repair designs and cost estimates of maintenance; preparing invitations for bid, requests for proposals and evaluating bid packages and proposals submitted for contractor selection; supervising construction and repair of construction works, supervising repair of construction equipment; performing other consulting services;

d) Other costs, including those necessary to carry out the construction maintenance process, such as audit, verification before approval of the financial settlement; construction insurance; evaluation and other related costs;

dd) Overheads incurred from construction maintenance activities performed by the owner or the manager or the user of the construction project.

4. Costs of repair of a construction work or equipment

a) In the case of repair of a construction work or equipment costing less than VND 500 million from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall have autonomy in deciding the repair plan, containing the following information: the name of the construction constituent or equipment that needs repairing or replacement; repair or replacement reasons, repair or replacement targets; quantity of repair or replacement work; cost estimation, expected execution time and completion time.

b) In the case of repair of a construction work or equipment costing VND 500 million or more from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall undertake the preparation, submission for appraisal and approval of the economic and technical report or the construction investment project in accordance with the laws on construction investment.

c) In the case of repair of a construction work or equipment using other funds, the investor or the manager or the user of the construction work shall be encouraged to consult and apply the regulations specified at Points a and b of this Clause in order to determine costs of repairing that construction work or equipment.

5. With respect to the annual maintenance costs (not including the costs of repairing a construction work or equipment), the investor or the manager or the user of the construction work shall take charge of the preparation of the annual estimate of these costs. The management of annual maintenance costs shall be subject to the provisions of laws covering the capital sources used for performing maintenance work.

Section 3. CONSTRUCTION SAFETY ASSESSMENT

Article 36. Construction safety assessment procedures 

1. Formulating and approval of safety assessment protocol.

2. Carrying out construction safety assessment activities. 

3. Making a review report on safety assessment results.

4. Sending the safety assessment report to the authority having competence in receiving and giving opinions on construction safety assessment results under the provisions of clause 4 of Article 39 herein.

Article 37. Regulated tasks involved in the construction safety assessment

1. Examination and assessment of the working capacities of main load-bearing structures and construction constituents potentially causing unsafety risks.

2. Examination and assessment of the conditions for assurance of normal operation and exploitation of the construction project, including: noise levels, pollution levels of smoke, dust, and substances harming human health; fire safety; testing results of equipment subject to strict safety requirements and other relevant safety conditions.

3. Specialized construction Ministries shall assume the following responsibilities:

a) Releasing technical regulations, standards, and construction safety assessment procedures;

b) Announcing testing and evaluation organizations qualified for conducting the safety assessment of specialized construction works; 

c) Regulating the list of construction works that must seek notices of opinions on construction safety assessment results from the authorities specified in Clause 4, Article 39 of this Decree.

Article 38. Responsibilities for conducting construction safety assessment activities 

1. Responsibilities of project owners or persons managing or using construction projects:

a) Taking charge of carrying out the construction safety assessment procedures prescribed in Article 36 herein. The project owner or the manager or the user of the construction work shall have the autonomy in conducting such activities if they meet eligibility conditions, or may hire another qualified organization to render the construction safety assessment work;

b) Handing over documents and records required for the construction safety assessment to the testing and inspection organization as a basis for formulating the construction safety assessment protocol, including: construction maintenance documents, design documentation, including construction drawings, as-built drawings, records of equipment installed in the construction works and other records and documents necessary for the construction safety assessment. In the absence of documents or if construction documents do not have sufficient information necessary for the safety assessment, the owner or the manager or the user of the construction work can hire a qualified organization to carry out the survey and make current construction status documents used for the construction safety assessment purpose;

c) Taking charge of verifying and approving the safety assessment protocol;

d) Undertaking the supervision of implementation of construction safety assessment tasks; 

dd) Reviewing and confirming construction safety assessment results;

e) Sending 01 copy of the safety assessment report to the competent authority stated in clause 4 of Article 39 herein;

g) Filing construction safety assessment documents in the file of documents necessary for construction maintenance activities.

2. Responsibilities of construction safety assessment bodies: 

a) Formulating the construction safety assessment protocol in accordance with applicable technical regulations, standards, terms and conditions of the construction contract, and submitting it to the owner or the manager or the user of the construction work to seek their approval;

b) Carrying out construction safety assessment activities according to the approved protocol;

c) Making a review report on safety assessment results and submitting it to the project owner or the manager or the user of the construction work according to regulations;

d) Bearing responsibility for the quality of construction safety assessment activities that they perform on their part. The certification of the report on safety assessment results of the project owner or the manager or the user of the construction work does not replace and reduce responsibility for the safety assessment performed by the testing and inspection organization.

3. Provincial-level People’s Committees shall assume the following responsibilities:

a) Reviewing construction works subject to construction safety assessment within their remit; regulating the assessment schedule and requesting project owners or persons managing or using construction works to organize the construction safety assessment according to the provisions of this Decree;

b) As for the construction works specified at Point a of this Clause that are located within their remit, if owners thereof or persons managing or using them have not yet been identified, provincial-level People's Committees shall undertake the construction safety assessment as prescribed in this Decree.

Article 39. Certification of construction safety assessment results

1. The owner or the manager or the user of the construction work shall check the quantity of construction safety assessment work, and consider the conformity of the construction safety assessment report in comparison to the approved construction safety assessment protocol and contractual terms and conditions to certify the construction safety assessment results.

2. In case where the report on the results of construction safety assessment fails to meet the regulatory requirements, the owner or the manager or the user of the construction work shall send the testing and inspection organization written dissenting opinions on certification, clearly stating the unsatisfactory matters that organization must review or further evaluate.

3. Within 14 days after receiving the reports on construction safety assessment results from the owners or the managers or the users of construction works as prescribed at Point e, Clause 1, Article 38 of this Decree, authorities having competence in receiving these reports shall consider informing their opinions on construction safety assessment results to the owners or the managers or the users of those construction works as follows:

a) Approving safety assessment reports; requesting the owners or the managers or the users of the construction works to follow the recommendations of the safety assessment organizations so that the construction works can meet safety requirements;

b) Rejecting safety assessment reports in case assessment contents and results of these reports do not meet the requirements; requesting the owners or the managers or the users of these works to conduct reassessment or additional assessment;

c) In case where the assessment results show that a construction work does not ensure safety conditions, the owner, the manager or the user of the construction work is required to comply with Article 40 of this Decree.

4. Unless otherwise prescribed by laws, the authority to receive and give opinions on construction safety assessment results shall be prescribed as follows:

a) Provincial People’s Committees shall have authority over construction works located within the provinces under their jurisdiction;

b) The Ministries managing the specialized construction works shall have authority over those specialized construction works located in 02 provinces or more under the jurisdiction specified in Clause 3, Article 52 of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security shall have authority over national defense and security construction projects.

Section 4. ACTIONS AGAINST POTENTIALLY DANGEROUS CONSTRUCTION WORKS, EXPIRED CONSTRUCTION WORKS AND DEMOLITION OF CONSTRUCTION WORKS

Article 40. Actions against potentially dangerous construction works causing unsafety for operation or use thereof

1. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the owner, the manager or the user shall assume the following responsibilities:

a) Re-checking the current construction status;

b) Conducting construction quality inspection (where necessary);

c) Deciding to take urgent measures such as restricting the use of the construction work, ceasing the use of the construction work, zoning off the dangerous site, moving people and property to ensure safety if the construction work is likely to collapse;

d) Immediately reporting to the nearest local authority;

dd) Correcting damage that may cause the unsafety during the process of use and operation of the construction project, or demolishing the construction work when necessary.

2. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the local authority shall assume the following responsibilities:

a) Inspecting, notifying, requesting and instructing the owner or the manager o the user of the construction work to organize the survey, quality inspection, assessment of the danger level, performing the repair or the demolition of the construction constituent or work (if necessary);

b) Requesting the owner or the manager or the user of the construction work to take urgent measures specified at Point c, Clause 1 of this Article and according to the schedule of application of urgent measures in case the owner or the manager or the user of the construction work fails to take safety action of their own accord;

c) In case where a construction item or a construction work shows poses potential danger that may lead to the risk of collapse, the competent state authority shall assume the prime responsibility for, and cooperate with the owner or the manager or the user of the construction work in, immediately implementing safety measures, including restricting the use of the construction work, ceasing the use of the construction work, and moving people and property for the sake of safety (if necessary);

d) Charging the owner or the manager or the user of the construction work in accordance with laws when they fail to comply with the requirements of the competent state authority specified in Clause 4, Article 39 of this Decree.

3. For old apartment buildings or those likely to cause danger, unsafety for exploitation or use thereof, the owners or the managers or the users of these works shall comply with the provisions of this Decree and other provisions of laws on housing.

4. Every citizen shall reserve the right to notify the owner or the manager or the user of the construction work, the competent state authority or the mass media agency when detecting that the construction item or work has any incident or is likely to cause danger or unsafety for exploitation and use thereof so that timely actions would be taken.

5. When receiving information about construction items or works that have incidents or are likely to cause danger or unsafety for exploitation and use of construction works, owners or managers and users of these construction works, competent state authorities specified in Clause 4, Article 39 of this Decree shall be responsible for applying safety measures specified at Point c, Clause 1 of this Article. If any failure to take timely action is likely to cause human and property losses, they shall be charged under laws.

Article 41. Actions against construction projects whose design life is expired

1. Owners or managers or users of construction works shall determine the useful life of each construction work according to the construction design documentation and technical regulations and standards applicable to construction works.

2. For construction works that have great impacts on the safety and benefits of the community in accordance with the law on construction project management, for a period of at least 12 months before each construction work expires, the owner or the manager or the user of the construction work must report to the competent state authority specified in Clause 4, Article 39 of this Decree on the expiry date of the construction work and the action plan for the expired construction work.

3. After receiving the report specified in Clause 2 of this Article, the competent state authority specified in Clause 4, Article 39 of this Decree shall add the expired construction work to the list posted on its website.

4. For construction works that expire but continue being used to meet the demand, except for detached houses of families or individuals, owners or managers and users of these works shall assume the following responsibilities:

a) Conducting the inspection and examination of the present quality of the construction work and putting forward a plan to reinforce, renovate the work, or repair it if it is damaged, determining the extended useful life after it is repaired or reinforced;

b) Conducting the reinforcement, renovation and repair of construction works (if any) to ensure their proper functions and safety;

c) Sending reports on the results of the works specified at Points a and b of this Clause to the competent state authorities specified in Clause 4, Article 39 of this Decree and other ones according to the relevant regulations of law to seek their opinions on the extension of the useful life of these works, except for detached houses. The time limit for processing application for and giving opinions on the extension of the construction work’s useful life by competent state authorities shall be 14 days of receipt of each report;

d) Based on the results of the performance of the works specified at Points a and b of this Clause and opinions of competent state authorities specified at Point c of this Clause, owners or managers and users of construction works decide and take responsibility for the continued use of these construction works.

5. Cases of discontinuation in using expired construction projects:

a) Owners or managers or users have no longer demands to use these construction works;

b) The results of inspection and examination of the present quality of each construction work show that the work is unsafe, cannot be reinforced, renovated or repaired;

c) These construction works are not allowed by competent state authorities to continue being exploited and used.

6. Competent state authorities prescribed in clause 4 of Article 39 herein shall assume the following responsibilities:

a) Reviewing these construction works where there are insufficient grounds to determine their useful life as prescribed in Clause 1 of this Article and requesting the owners, the managers or the users to organize the implementation of the regulations laid down in Clause 4 of this Article;

b) Taking charge of determining the useful life, announcing construction works whose useful life is expired and performing the following tasks specified in this Article for construction works of which owners or managers or users have not yet been identified;

c) Notifying the owner or the manager or the user of the construction work of the termination and requesting the owner or the manager or the user of the construction work to be responsible for the demolition of the construction work and the time of demolition for those construction works that are no longer in use as prescribed in Clause 5 of this Article.

7. Actions against expired apartment buildings shall be subject to regulations of the law on housing.

8. For detached houses of families or individuals that have expired but continue being used to meet demands, the owners or the managers or the users of the works shall perform the activities specified at Point a and b, Clause 4 of this Article and, based on the results of implementation of these activities, decide and take responsibility for the continued use of these houses, except for the cases specified in Clause 5 of this Article.

Article 42. Demolition of construction works 

1. Cases of demolition of construction works:

a) Construction works need be demolished for ground clearance purposes to build new or temporary construction works;

b) Construction works need to be demolished under regulations laid down in point b of clause 1 of Article 118 of the Law No. 50/2014/QH13, which is amended and supplemented in clause 44 of Article 1 in the Law No. 62/2020/QH14;

c) Construction works need to be demolished at the request of competent state authority under regulations laid down in point c, d and dd of clause 1 of Article 118 in the Law No. 50/2014/QH13, which is amended and supplemented in clause 44 of Article 1 in the Law No. 62/2020/QH14;

d) Construction works need to be demolished upon expiry as prescribed in Article 41 herein.

2. Responsibilities for demolition of construction works: 

a) Owners or managers or users of construction works shall undertake the demolition of construction works in accordance with the law on construction and regulations of other relevant laws;

b) Presidents of provincial-level People's Committees, Presidents of district-level People's Committees or competent state authorities decide the demolition of construction works in accordance with the construction law and other relevant laws; decide to enforce the demolition and conduct the demolition of construction works in case investors, owners or managers or users of the construction works fail to fulfill their responsibilities for the demolition of construction works;

c) Agencies competent to sanction administrative violations shall decide to apply mitigative measures in the form of the forced demolition of violating works or constituents in accordance with the law on handling of administrative violations;

d) Competent authorities decide the demolition and enforcement of the demolition of residential houses as per laws on housing;

dd) The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish national defense and security construction works.

3. Plans and approaches for demolition of construction works must involve:

a) Bases for formulation of plans and approaches for demolition of construction works;

b) General information about construction works and items to be demolished;

c) List of applicable national technical regulations and standards;

d) Formulation of demolition plans;

dd) Demolition schedule and budget;

e) Others necessary for demolition activities (if any).

4. Persons assigned to manage and perform the emergency demolition of construction works shall have autonomy in deciding all demolition works in the process of organizing the emergency demolition of construction works to ensure conformity with the schedule of implementation of these demolition activities, safety and environmental protection and must be accountable for their decisions.

5. For the demolition of construction works that are public property, in addition to complying with the provisions of this Decree, regulations of the law on management and use of public property must be observed.

Chapter IV

INCIDENTS ARISING FROM CONSTRUCTION, OPERATION AND USE OF CONSTRUCTION WORKS OR PROJECTS

Section 1. CONSTRUCTION INCIDENTS

Article 43. Severity levels of incidents arising from construction, operation and use of construction works or projects

Construction incidents are divided into three severity levels according to the extent of damage to construction works or human losses, including level-I, level-II and level-III incidents as follows:

1. Level-I incidents, including:

a) Any construction incident causes at least 6 deaths;

b) Any incident causes the construction work to collapse; the collapse of a part of the construction work or any damage that is likely to cause the entire grade-I or higher-grade construction work to be collapsed.

2. Level-II incidents, including:

a) Any construction incident causes 1 - 5 deaths;

b) Any incident causes the construction work to collapse; the collapse of a part of the construction work or any damage that is likely to cause the entire grade-II or grade-III construction work.

3. Level-III incidents, including the rest of construction incidents other than those prescribed in clause 1 and 2 of this Article.

Article 44. Construction incident reporting

1. Immediately after an incident, the investor must, in the fastest manner, report on the incident, including the name and location of the construction work, preliminary information about the incident and damage (if any) to the People's Committee of the commune where the incident or loss (if any) occurs and their superior authority (if any). Immediately after receiving the incident report, the commune-level People's Committee must report to the district-level People's Committee and the provincial-level People's Committee on the incident.

2. Within 24 hours from the occurrence time, the investor must report the incident in writing to the district-level People's Committee and the provincial-level People's Committee of the place where the incident occurs. For all incidents involving human losses, investors shall send reports to the Ministry of Construction and other competent state authorities in accordance with relevant laws. Each report shall contain the following main information:

a) Name of the construction work, construction site and scale of the construction work;

b) Names of organizations or individuals involved in construction;

c) Description of the incident, status of the construction work at the time of occurrence and the occurrence time;

d) Human and property loss (if any).

3. For any incident occurring at the construction work passing through 02 provinces or more, after receiving the written report or receiving information about the incident, the People's Committee of the province where the incident occurs shall send a report on the incident to the specialized construction Ministry.

4. The competent state authority shall be entitled to request the investor and related parties to provide information about the incident.

5. In case the incident occurs in the course of operation or use of the construction work, the owner or the manager or the user of that construction work shall have to implement the provisions of Clauses 1, 2 and 3 of this Article.

Article 45. Responses to construction incidents

1. Whenever an incident occurs, the investor and the construction contractor shall be responsible for taking timely actions to search and rescue, ensure safety for affected people and property, limit and prevent any potential danger; taking charge of protecting the incident scene and making a report according to the provisions of Article 44 of this Decree. People's Committees at all levels shall direct and support related parties to set up search and rescue forces, protect incident scenes and perform other necessary tasks in the incident response process.

2. Provincial People's Committees shall be responsible for handling construction incidents and performing the following tasks:

a) Considering and deciding to close or temporarily suspend construction or operation or use of the construction item, a part or the whole of the construction work, depending on the nature, severity and impact of the incident;

b) Considering and deciding the demolition and cleanup of the incident scene on the basis of meeting the following requirements: Ensure safety for people, property, construction works and other adjacent facilities. Before demolition or cleanup, relevant parties must photograph or film the incident scene; collect evidence existing at the incident scene; record information relating the incident scene in documents necessary for the incident inspection and create the incident file;

c) Notify the results of the inspection results showing incident causes to the investor and other related entities; decisions on remedies or mitigative actions binding upon investors, owners or related parties;

d) Legally charge related parties;

dd) Based on actual local conditions, provincial-level People's Committees may assign district-level People's Committees to take charge of addressing grade-II and grade-III construction incidents occurring within their respective jurisdiction.

3. Investors, construction contractors during the construction process or owners, managers and users of construction works during the operation and use thereof shall be responsible for dealing with incidents at the request of competent state authorities. After dealing with incidents, the competent authorities specified in Clause 2 of this Article shall decide whether construction may proceed or construction works where incidents occur may be put to use.

4. Organizations or individuals causing incidents shall be responsible for paying compensation or costs incurred from handling of these incidents, depending on the nature, extent and impacts of these incidents.

5. The Minister of National Defense and the Minister of Public Security shall adopt regulations on reporting and handling of incidents at national defense and security construction works.

Article 46. Examination of causes of construction incidents

1. Authority to lead the examination of causes of construction incidents:

a) Provincial People's Committees shall be accorded authority to lead the examination of causes of incidents in their respective localities;

b) The Ministry of National Defense and the Ministry of Public Security shall be accorded authority to lead the examination of causes of incidents occurring at national defense and security construction projects;

c) Ministries in charge of specialized construction works shall be accorded authority to lead the examination of causes of incidents occurring at construction works if they are assigned by the Prime Minister to do so.

2. Competent authorities prescribed in clause 1 of this Article can set up incident investigation commissions to examine the causes of incidents. Each commission is composed of representatives of units of authorities in charge of handling incidents, relevant agencies and experts in technical specializations relating to the incidents. Where necessary, the authority in charge of conducting the examination of incident causes shall appoint an inspection organization to conduct the assessment of the quality of the construction work to serve the purpose of the assessment of the incident causes and offer solutions to the incident.

3. Tasks involved in the examination of incident causes:

a) Collecting relevant records, documents, technical data and performing professional work to find the incident causes;

b) Evaluating the safety of the construction work after the incident occurs;

c) Identifying responsibilities of organizations and individuals concerned;

d) Creating documentation on examination of incident causes, including: Report on incident causes and other related documents existing in the process of examination of incident causes.

4. Costs of examination of causes of construction incidents:

a) In case where a construction incident occurs during the construction process, the investor shall be responsible for paying the costs of examination of construction incident causes. After the results of the examination of the construction incident causes are available and responsibilities for the incident are identified, the organization or individual blamed for causing such construction incident must pay the costs of the examination of the incident causes. In case where the construction incident occurs due to force majeure events, liabilities for paying the costs of the examination of the incident causes shall be subject to the provisions of the relevant construction contracts;

a) In case where a construction incident occurs during the period of operation or use of a construction work, the owner, the manager or the user of that construction work shall be responsible for paying the costs of examination of construction incident causes. After the results of the examination of the construction incident causes are available and responsibilities for the incident are identified, the organization or individual blamed for causing such construction incident must pay the costs of the examination of the incident causes. In case where the construction incident occurs due to force majeure events, the owner, the manager or the user of that construction work shall be liable for the costs of examination of the construction incident causes.

Article 47. Construction incident documents

Investors, owners, managers or users shall be responsible for preparing the incident documents, including the followings:

1. Incident scene investigation report includes the following information: Name of the construction work or item where the incident occurs; construction site, time of the incident occurrence, preliminary description and development of the incident; conditions of the construction work at the time of the incident occurrence; preliminary review of human and property losses; preliminary identification of causes of the incident.

2. Design and construction documents related to the incident.

3. Documentation on examination of incident causes.

4. Documents relating to the process for handling the incident.

Section 2. INCIDENTS CAUSING CONSTRUCTION UNSAFETY

Article 48. Incidents causing construction unsafety

1. Incidents causing unsafety for construction works, including:

a) Failures of machinery and equipment necessary for construction works (hereinafter referred to as machinery and equipment incidents);

b) Occupational accidents occurring at construction works.

2. The declaration, investigation, reporting and resolution of incidents causing occupational unsafety for the construction shall be regulated as follows:

a) For the incidents specified at Point a, Clause 1 of this Article, the declaration, investigation, reporting and handling thereof shall be subject to Article 49 and 50 of this Decree;

b) For the incidents specified at Point b, Clause 1 of this Article, the declaration, investigation, reporting and handling thereof shall be subject to laws on occupational safety and hygiene.

Article 49. Declaration, reporting and handling of machinery or equipment incidents

1. When a machinery or equipment incident occurs, the investor or the construction contractor must, in the fastest manner, report on the incident, including the name and location of the construction work, preliminary information about the incident and damage (if any) to the People's Committee of the commune where the incident occurs. Immediately after receiving the report, the commune-level People's Committee must report to the district-level People's Committee, the provincial-level People's Committee, specialized construction agencies and relevant organizations on such incident so that they promptly respond to such incident.

2. In addition to the declaration specified in Clause 1 of this Article, if a machine or equipment incident kills or seriously injures at least 02 persons, the construction contractor must make a report according to regulations of laws on occupational safety and hygiene.

3. The investor and the construction contractor shall be responsible for implementing regulations of laws on occupational safety and hygiene, and taking timely actions to search and rescue, ensure safety for affected people and property, limit and prevent any further danger; taking charge of protecting the incident scene and making declaration according to the provisions of clause 1 and 2 of this Article.

4. People's Committees at all levels shall direct and support related parties to set up search and rescue forces, protect incident scenes and perform other necessary tasks in the incident response process.

5. Authorities prescribed in clause 1 of Article 50 herein shall assume the following responsibilities:

a) Checking the incident scene, checking the declaration and handling of incidents of investors and construction contractors according to the provisions of this Article.

b) Considering and deciding to cease or temporarily suspend operation of machinery, equipment; terminate or temporarily suspend construction items, parts or the whole of the construction works, depending on the severity and impacts of the incidents;

c) Considering and deciding the demolition and cleanup of incident scenes on the basis of ensuring safety for people, property, construction works and other adjacent facilities. Before demolition or cleanup of the incident scene, relevant parties must photograph or film the incident scene; collect evidence existing at the incident scene; record information relating the incident scene in documents necessary for the examination of incident causes and make the machinery or equipment incident documents;

d) Notifying the results of the results of examination of causes of the machinery or equipment incident to the investor and other related entities; decisions on remedies or mitigative actions binding upon investors or related parties;

dd) Legally charge related parties.

6. Investors, construction contractors or owners, managers or users of machinery or equipment shall be responsible for dealing with machinery and equipment incidents to ensure safety requirements before resuming construction activities.

7. Organizations and individuals that cause machinery and equipment incidents shall be responsible for paying compensation and costs incurred from mitigative actions or responses. Depending on the nature, severity and extent of impact, they may be sanctioned according to regulations of relevant laws.

Article 50. Investigation of machinery or equipment incidents

1. Authority over the investigation of machinery or equipment incidents:

a) Provincial People's Committees take charge of the inspection of machinery or equipment incidents occurring within their localities, except the cases specified at Points b and c of this Clause;

b) The Minister of National Defense and the Minister of Public Security shall adopt regulations the investigation of incidents of machinery or equipment used for national defense and security construction works;

c) Ministries in charge of specialized construction works shall be accorded authority to lead the investigation of machinery or equipment incidents occurring at construction works if they are assigned by the Prime Minister to do so.

2. Authorities having competence in investigation of incidents that are referred to in clause 1 of this Article can set up incident investigation commissions to investigate the incidents. Each commission is composed of representatives of specialized construction authorities, relevant agencies and experts in technical specializations relating to incidents. Where necessary, the authority in charge of conducting the investigation of incidents shall appoint a consulting organization to find causes of the incident and recommend corrective actions.

3. Tasks involved in the investigation of machinery or equipment incidents:

a) Collecting relevant records, documents, technical data and performing professional work to find the incident causes;

b) Evaluating the level of safety of machinery, equipment, construction works and adjacent facilities (if any) after the incident occurs;

c) Identifying responsibilities of organizations and individuals concerned;

d) Creating incident investigation documentation, including: Incident investigation report and other related documents existing in the investigation process.

4. Investors shall be responsible for paying incident investigation costs in advance.  After the results of the incident investigation and identification of responsibilities, the organization or individual at fault must pay the incident investigation costs. In case where the incident occurs due to force majeure events, liabilities for paying the incident investigation costs shall be subject to the terms and conditions of the relevant construction contracts.

5. Particularly in case where the incident affects the machinery or equipment not on the list of machinery or equipment subject to strict requirements that are used in construction activities and does not cause serious injury or death, the investor shall undertake the investigation and handling of this machinery or equipment incident.

Article 51. Creation of machinery or equipment incident handling documents

Investors shall be responsible for preparing machinery or equipment incident documents, including the followings:

1. Incident scene investigation report containing the following information: name and location of the construction item or construction work affected by the machinery or equipment incident; technical specifications, record of the affected machine, equipment; current status of the construction item, construction work where the incident occurs, preliminary description and developments of the incident; preliminary review of human and property losses; incident causes;

2. Design and construction documents related to the machinery or equipment incident;

3. Incident investigation documentation; documents on sanctions imposed upon relevant organizations or individuals; remedies or corrective actions;

4. Documents relating to the process for handling the incident.

Chapter V

IMPLEMENTATION PROVISIONS

Article 52. Implementation responsibilities

1. Ministry of Construction:

a) Bearing responsibility to the Government for exercise of the uniform state authority over activities governed by this Decree;

b) Promulgating, guiding and inspecting the implementation of legal documents according to its competence in construction quality management, safety during the construction period, and guiding the implementation of this Decree;

c) Exercising the state management of the activities within the scope of regulations of this Decree for specialized construction works under its jurisdiction; conducting the examination and inspection of the compliance with the provisions of this Decree by ministries, sectoral administrations, localities, and entities involved in the construction, management, exploitation and use of construction works; inspecting the quality of construction works and safety during the construction period when necessary;

d) Requesting and urging ministries in charge of specialized construction works and provincial-level People's Committees to inspect the compliance with this Decree according to their competence;

dd) Guiding the determination of the construction maintenance costs; announcing construction maintenance norms minus maintenance norms for specialized construction works.

2. Other Ministries in charge of specialized construction works:

a) Performing the state management of the activities within the scope of regulation of this Decree for specialized works; guiding the implementation of legal documents on construction quality management and construction safety applicable to specialized construction works;

b) Conducting the periodic inspection according to the plan, the irregular inspection of construction quality and safety management of entities involved in construction activities; inspecting the quality of specialized construction works under its management when necessary or at the request of the Ministry of Construction;

c) Creating and issuing maintenance norms for specialized construction works;

d) Sending the Ministry of Construction the general report on the current status of quality, construction quality control and safety management in construction activities under the jurisdiction of ministries and sectoral administrations before December 15 every year and the ad hoc report upon request.

3. Ministries in charge of specialized construction works shall be responsible for directing and inspecting the affiliated specialized agencies in organizing the pre-commissioning testing of specialized works under their management, including:

a) Ministry of Construction shall assume such responsibilities for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction products of investment projects on construction of technical infrastructure works, investment projects of construction of roads in cities (excluding national highways running through cities);

b) The Ministry of Transport shall assume such responsibilities for construction works belonging to traffic construction investment projects under the management of the Ministry of Construction according to regulations of point a of this clause;

c) The Ministry of Agriculture and Rural Development shall assume such responsibilities for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;

d) The Ministry of Industry and Trade shall assume such responsibilities for investment projects for industrial construction works under the management of the Ministry of Construction according to regulations of point a of this clause;

d) The Ministry of National Defense shall assume such responsibilities for construction works belonging to investment projects for national defense and security construction works.

4. People's Committees of the provinces and centrally-run cities shall be responsible for the state management of the activities under the governing scope of this Decree in their administrative areas under their delegated authority; directing and examining the specialized affiliates’ inspection of the pre-commissioning test of construction works belonging to specialized work construction investment projects within their remit, specifically as follows:

a) Departments of Construction shall assume such responsibilities for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction investment projects on construction of technical infrastructure works, investment projects for construction of roads in cities (excluding national highways running through cities); other investment projects for multiple-purpose construction works;

b) The Ministry of Transport shall assume such responsibilities for construction works belonging to investment projects for traffic construction works, except those prescribed in point a of this clause;

c) Departments of Agriculture and Rural Development shall assume such responsibilities for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;

d) Departments of Industry and Trade shall assume such responsibilities for construction works belonging to investment projects for industrial construction works, except for those prescribed in point a of this clause;

dd) Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall assume such responsibilities for investment projects within localities under their delegated authority;

e) As for provinces and centrally run cities where Departments of Transport – Construction rule, these Departments shall perform the tasks prescribed at Points a and b of this Clause.

5. Based on specific conditions of each locality, provincial-level People's Committees shall delegate authority to district-level People's Committees to exercise the state management activities under the authority of the provincial-level People's Committees as per this Decree; delegate authority to the assigned construction authorities affiliated to the district-level People's Committees to inspect the pre-commissioning test of construction works within these districts, and shall have the right to adjust the delegation of authority to inspect the pre-commissioning tests specified at Point e, Clause 4 of this Article.

6. District-level People's Committees shall be responsible for the state management of the activities under the governing scope of this Decree within localities under their delegated authority; directing and examining the inspection of the pre-commissioning test of construction works under the delegated authority of their affiliated construction administration units.

7. Ministries in charge of specialized construction works, provincial-level People's Committees shall be responsible for sending periodic and annual reports on the management of the quality of construction works and safety prepared according to the instructions of the Minister of Construction to the Ministry of Construction to serve its synthesis and monitoring purposes.

Article 53. Transition provisions

1. Types and grades of the construction works belonging to investment projects approved before the entry into force of this Degree shall be determined according to laws in force at the time of grant of investment decisions.

2. If construction works commencing before the effective date of this Decree are subject to the inspection of the pre-commissioning tests conducted according to the Government's Decree No. 46/2015/ND-CP dated May 12, 2015 on quality management and construction maintenance, but not subject to the inspection of the pre-commissioning tests under the provisions of this Decree, then such inspection of the pre-commissioning tests shall not be allowed to proceed. Investors shall take charge of the pre-acceptance tests of completed construction works before putting them into operation or in use in accordance with the provisions of this Decree, and reporting the test results to the assigned specialized construction authorities for their monitoring purposes.

3. Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under the provisions of this Decree shall comply with the provisions of this Decree.

4. Continuing to implement the regulations on the classification of construction works in accordance with the legislative regulations existing before the effective date of this Decree until the regulations on the classification of construction works under the guidance of the Law No. 62/2020/QH14 and this Decree are adopted and take effect.

Article 54. Implementation

1. This Decree shall come into force from the signature date and replacing the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction works and projects.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of provincial People’s Committees, Heads of socio-political organizations, socio-professional organizations, other organizations and individuals involved shall be responsible for implementing this Decree.

3. The Ministry of Construction shall take charge of and cooperate with relevant ministries and sectoral administrations in providing instructions for implementation of this Decree./.

APPENDIX I

CLASSIFICATION OF CONSTRUCTION PROJECTS BY THEIR FUNCTIONS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

I. CONSTRUCTION PROJECTS FOR CIVIL USES (CIVIL PROJECTS)

A construction project for civil uses (civil project) is a building or other structure (maybe a detached or standalone work or a combination of works) providing people with support for their activities to meet their needs like living; learning; teaching; working; doing business; physical and sports training or competition; gathering people; eating, drinking, entertainment, recreation, sightseeing; watching or enjoying various types of arts, performances, or sports competitions; exchanging and receiving information and mails; medical examination and treatment; religious beliefs; and other providing other services to meet needs of people, including:

1. Home/residential construction projects: Apartment or other tenement buildings; detached houses or detached houses used for other civil purposes.

2. Public construction projects:

a) Training, educational and research facility construction projects:

- A standalone building, building complex used for educational, training and research purposes within the following premises: Kindergartens, early childhood institutions; elementary schools, lower secondary schools, upper secondary schools, multilevel schools; universities and colleges, professional secondary schools; vocational schools, technical worker training establishments, specialized career schools and other schools or training centers;

- Hydrometeorology stations, seismic research stations, space research facilities; specialized database centers and other specialized research facilities.

b) Healthcare facility construction projects:

A standalone building, building complex used for medical examination and treatment purposes within the following premises: (General or specialized) hospitals, clinics; medical stations; maternity care facilities, sanatoriums, functional rehabilitation centers, orthopedic facilities, and nursing homes; disease control and prevention facilities; biomedical research facilities; other medical facilities.

c) Sporting facility construction projects:

Stadiums; sports halls; training and competition facilities for various sports like golf, football, tennis, volleyball, basketball and other sports; swimming pools.

d) Cultural facility construction projects:

Convention centers, theaters, cultural houses, clubs, cinemas, circus centers, discos; monuments; museums, libraries, exhibition centers, galleries; symbolic or artistic construction works (e.g. outdoor statues, welcome gates, ...), leisure and entertainment facilities; other cultural construction works.

dd) Religion, faith and worship facility construction projects:

- Religion facilities: Headquarters of religious organizations, pagodas, churches, chapels, cathedrals, shrines, Buddhist temples; schools for training people specialized in religious activities; monuments, stelae, towers and other religious buildings;

- Faith and worship facilities: Communal temples, shrines, chapels, ancestral temples (worship halls) and other faith and worship facilities.

e) Commercial facility construction projects: Trade centers, supermarkets, markets, shops; restaurants, food and beverage shops and other commercial facilities.

g) Service facility construction projects:

- Hotels, guest houses, motels; resorts; residential villas, apartments and other accommodation facilities;

- Standalone billboards; post offices, other post and telecommunications service providers.

h) Headquarter or office building projects:

- Headquarters or office buildings of state authorities, political organizations or socio-political organizations;

- Buildings used as headquarters, offices of socio-professional organizations, non-business units, businesses, other organizations and individuals;

- Buildings used as a blend of office and residential accommodation space.

i) Other buildings or structures for multifunctional or mixed uses.

Example: If a high-rise building of which functions are specific to its stories is used to serve multiple purposes as an apartment building, hotel and office, it must be classified as a mixed-use building.

k) Other public buildings or structures.

3. Gates, fences, guard houses and other small structures for civil use.

II. CONSTRUCTION PROJECTS USED FOR INDUSTRIAL PRODUCTION PURPOSES (INDUSTRIAL CONSTRUCTION PROJECTS)

Construction projects used for industrial production purposes (industrial construction projects) are construction works having the house-like structure (industrial house) or other structural systems used for the exploitation and production of raw materials, inputs and energy serving the needs of people and economic sectors, including:

1. Construction projects used for production of building inputs and products:

A standalone building, building complex or technology line within the following premises: Quarries for extraction or removal of construction materials (e.g. sand, stone, clay, and other materials for production of building materials); cement plants; cement grinding stations or other separate facilities in technology lines for production of construction materials and products; construction works for the production of other construction materials and products (e.g. concrete components, cement bricks used as aggregates, baked clay bricks and other masonry bricks, paving, tiling products, sanitary wares, glass and glass products, wood products and other products).

2. Construction projects used in the metallurgy and mechanical engineering industry:

A standalone building, building complex or technology line within the following premises: Plants for non-ferrous metals; steel and steel rolling mill plants; engine and agricultural machinery manufacturing plants; machine tool and industrial equipment plants; lifting equipment plants; construction machine plants; complete equipment plants; plants for manufacturing and assembly of means of transport (e.g. cars, motorcycles, ships,...); plants for manufacturing of electrical and mechanical equipment for electronics and refrigeration engineering industries; plants for manufacturing of mechanical products for other industries (i.e. supporting industries).

3. Construction projects used in the mining and mineral processing sector:

A standalone building, building complex or technology line within the following premises: Underground coal mines, open coal pits; coal screening and processing plants; mineral processing plants; underground ore mining pits or open ore mining pits; ore refining and enrichment plants (even including bauxite refining); alumina production facilities.

4. Construction projects for oil and gas facilities:

A standalone building, building complex or technology line within the following premises: Rigs, construction works for oil and gas extraction and processing; petroleum refineries and petrochemical plants; gas processing plants; biofuel plants; crude oil and petroleum storage facilities; liquefied gas storage facilities, liquefied gas transfer stations, gas distribution stations; gas and oil pipelines; lubricant plants; used or waste oil recycling plants.

5. Construction projects for energy facilities:

A standalone building, building complex or technology line within the following premises: Hydropower plants (excluding headworks), thermal power plants, nuclear power plants; wind power plants, solar power plants, geothermal power plants, tidal power plants, waste-to-energy power plants (excluding solid waste disposal sites), biomass power plants; biogas power plants; cogeneration plants; heat, gas, compressed air supply plants; power transmission lines and transformer stations; facilities supplying fuel and energy for vehicles and for personal use.

6. Chemical facility construction projects:

A standalone building, building complex or technology line within manufacturing plants, storage facilities and filler stations of the following products: fertilizers, plant protection chemicals, base chemicals, petrochemicals, pharmaceutical chemicals, cosmetics and other chemicals; chemical power sources (e.g. batteries, accumulators, welding rods, ...); industrial gases; rubber (e.g. tubes, tires, conveyors, technical rubber,...); detergents (e.g. washing cream, liquid detergents, washing powder, shampoo, cleaner, soap,...); paints, printing inks of all kinds; plastic materials (e.g. alkyd, acrylic,...); mining chemical (refined apatite ore) materials; explosives, industrial explosive precursors.

7. Construction projects for light industry facilities:

a) Food:

A standalone building, building complex or technology line within premises for manufacturing, processing, packing and storage of milk products; confectionery, instant noodles; cooking oil, flavoring; beverage (e.g. alcohol, beer, soft drinks, etc…).

b) Consumer goods:

A standalone building, building complex or technology line within facilities for post-manufacturing, processing, packaging, assembling, manufacturing and storage of the following products and performing the following relevant activities: fiber; weaving; printing and dyeing (textile and garment industry); garment products; tanning and leather products; plastics; crockery, stoneware, glass; pulp and paper; cigarettes; electronics (e.g. televisions, computers, phones,...), refrigeration (e.g. air conditioners, refrigerators,...); electronic and information components and spare parts (e.g. electronic printed circuits, ICs and similar products); medicines and medical supplies; other consumer products.

c) Agricultural, fishery and aquacultural products:

A standalone building, building complex or technology line within facilities for post-manufacturing, processing, packaging, and storage of the following products and performing the following relevant work: seafood; canned food; rice milling and polishing; other agricultural products.

8. Other construction projects used for industrial production purposes.

III. CONSTRUCTION PROJECTS PROVIDING TECHNICAL INFRASTRUCTURE FACILITIES AND AMENITIES (TECHNICAL INFRASTRUCTURE CONSTRUCTION PROJECTS)

Buildings or other structures used as bases, utilities or structures directly assisting in the abstraction, production and supply of water; for water storage, treatment and wastewater drainage; storage and disposal of solid wastes of all kinds; lighting of public areas; burial, cremation and funeral celebrations; transmission of information; urban landscape maintenance; provision of public parking spaces, including:

1. Water supply facility construction projects:

A standalone building, building complex or technology line within the following premises: Water plants, clean water treatment facilities (including sludge disposal); pumping stations (raw water, clean water or pressure filters); tanks (towers) containing clean water; water supply pipelines (raw or clean water).

2. Water drainage facility construction projects:

A standalone building, building complex or technology line within the following premises: Artificial lakes; stormwater pumping stations; wastewater treatment facilities; sewage pumping stations; sludge treatment facilities; stormwater and wastewater tanks; stormwater, public water drainage culverts; wastewater drainage systems.

3. Construction projects for solid waste disposal facilities:

a) A standalone building, building complex or technology line in domestic solid waste disposal premises, including: Transfer stations; garbage landfills; waste treatment complexes /sites; solid waste treatment facilities;

b) A standalone building, building complex or technology line in hazardous waste disposal premises.

4. A standalone building, building complex within the following premises:

a) Public lighting facilities (public lighting systems and poles);

b) Parks;

c) Cemeteries, funeral parlours and crematories;

d) (underground and open) parking garages; parking yards for cars, construction vehicles and other equipment.

5. Construction projects for passive telecommunications technical facilities:

A standalone building, building complex or technology line within the following premises: Telecommunication buildings or stations, antenna poles, cable poles, cable lines for transmission of telecommunication signal.

6. Sewers, tanks, trenches, tunnels, utility tunnels and other structures used for technical infrastructure facilities and utilities.

IV. CONSTRUCTION PROJECTS FOR TRAFFIC AND TRANSPORTATION PURPOSES (TRAFFIC CONSTRUCTION PROJECTS)

Structures existing in the form of bridges, roads, tunnels or others (a standalone project or a construction complex) used as facilities, utilities or structures providing direct services for traffic and transportation activities; for regulating and coordinating transportation activities, including:

1. Road construction projects: Expressways, highways; urban roads; rural streets.

2. Ferry terminals, bus stations; road vehicle registry centers; toll plazas; rest stops.

3. Railroad construction projects:

a) Express railroads, high-speed railroads, urban rails (elevated railways, subways/Metro railways); national railways; purpose-made railways and local railways;

b) Passenger terminals, cargo terminals; terminal depots; barrier structures, signs.

Notes: Facilities for manufacturing and building rail equipment (locomotives, carriages) are classified as construction projects for industrial production facilities - Section II of this Appendix.

4. Bridge construction projects:  Road bridges, pedestrian bridges (not including civil suspension bridges); rail bridges; pontoon bridges; civil suspension bridges.

5. Tunnel construction projects:  Metro tunnels, road tunnels, railway tunnels, pedestrian tunnels.

6. Construction projects for inland waterway and maritime facilities:

a) Construction projects for inland waterway facilities:  Inland waterway ports and terminals; ferry terminals, ship locks; inland waterway vehicle repair facilities (berths, docks, slopes, slideways, raised floors,...); navigational channels (on rivers, lakes, bays and routes to islands, on canals); moorings; training (watercourse diversion/shore protection) facilities.

b) Maritime facility construction projects: Sea harbors, seaports; ferry terminals; docks; ship repair facilities (berths, docks, slopes, slideways, raised floors,...); navigational channels; moorings and anchorage structures; training works (breakwater/sand break, watercourse diversion /shore protection revetments).

c) Other construction projects for inland waterway and maritime facilities:  Maritime signaling buoy systems on rivers and at sea; lighthouses; beacons; training works, breakwater, sand breakers, current diversion embankments, shore protection embankments; vessel traffic service (VTS) systems and other marine structures.

7. Aviation facility construction projects: Fly zones (including air navigation service structures); passenger terminals, cargo terminals, hangars, cargo warehouses,...

8. Suspension cable cars and terminals for transport of people and goods.

9. Dry ports.

10. Other facilities, including: Weigh stations, culverts, tanks, trenches, tunnels, utility tunnels and other transportation structures.

V. CONSTRUCTION PROJECTS USED FOR AGRICULTURE AND RURAL DEVELOPMENT PURPOSES (AGRICULTURAL AND RURAL DEVELOPMENT CONSTRUCTION PROJECTS)

Facilities existing in the form of dams, dykes, embankments, canals, ditches or other structures (an independent building, a combination of works or a technology line) used as facilities, utilities or structures providing direct services to water resource works; animal husbandry, cultivation, forestry, salt production, fishery and other works providing services for agriculture and rural development activities, including:

1. Construction projects for water resource facilities: Water reservoirs; dams (including dams that creating lakes, anti-salinity dams, freshwater retention dams, control dams on rivers and streams,...); spillways; water intake, discharge culverts; hydroelectric tunnels; irrigation - drainage pumping stations and other water resource structures.

2. Dyke construction projects: river dykes; sea ​​dykes and structures built on, inside and under dykes.

3. A standalone construction work or a building complex built within animal husbandry, cultivation, forestry, salt production, aquacultural establishments and other construction projects providing services for agriculture and rural development activities.

VI. CONSTRUCTION PROJECTS FOR NATIONAL DEFENSE AND SECURITY PURPOSES (DEFENCE CONSTRUCTION PROJECTS)

Buildings or other structures used as facilities or amenities used for national defence and security purposes. Ministry of National Defense and Ministry of Public Security shall provide detailed regulations on classification of defence construction projects.

APPENDIX II

(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

Appendix IIa. Construction logbook

Appendix IIb. As-built drawing

APPENDIX IIA

CONSTRUCTION LOGBOOK
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

1. Construction logbook is created by a construction contractor for each construction package or the entire construction project. If a subcontractor is involved in the construction project, the general contractor or the main contractor will agree with the subcontractor on responsibilities for creating the construction logbook for the work that the subcontractor performs on their part.

2. The investor agrees with the construction contractor on the form and contents of the construction logbook prior to commencement.

3. The logbook must contain the following main information:

a) Latest developments of construction conditions (e.g. temperature, weather and other related information); the number of workers and equipment marshaled by the construction contractor to make available at the construction site; construction activities that are tested and inspected at the construction site on a daily basis;

b) Detailed description of incidents, breakdowns, failures, workplace accidents, other issues and corrective or remedial measures or actions during the construction period (if any);

c) Recommendations made by the construction contractor or the construction supervisor or superintendent (if any);

d) Opinions and feedbacks on solving and addressing issues arising during the construction period that are received from stakeholders.

4. In case where the investor and the contractor engaged in construction activities issue a written document to solve technical problems at the construction site, these documents must be kept together with the construction logbook.

APPENDIX IIB

AS-BUILT DRAWING
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

1. Formulation of as-built drawing:

a) In case where the actual dimensions or parameters of a construction work do not exceed the permissible errors of the design dimensions or parameters, a construction drawing may be photocopied, signed and sealed by stakeholders as an as-built drawing. If the actual dimensions or parameters change compared to the design dimensions or parameters referred to in the approved construction drawing, the construction contractor may write the values of the actual dimensions or parameters in brackets next to or underneath the pre-existing values in this drawing sheet;

b) Where necessary, the construction contractor may make a new as-built drawing with a frame of “as-built drawing” title similar to the sample seal of as-built drawing specified in this Appendix;

c) The hidden parts of a construction work must be shown in the as-built drawing or measured to determine their actual dimensions or parameters before further activities may proceed;

d) As a consortium contractor, each consortium member must be responsible for making the as-built drawing of the work that they perform on their part, not authorizing any other consortium member to do so on their behalf.

2. As-built drawing seal samples:

Sample No.1:

Annotation:  Do not apply under general construction contracts. Seal size changes depending on font sizes.

Sample No.2:

Annotation:  Apply under general construction contracts. Seal size changes depending on font sizes.

APPENDIX III

GENERAL SAFETY PLAN
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

1. Occupational safety management policies

(Fundamental rules for occupational safety management; legislative regulations; developing, disseminating and implementing the plan).

2. Diagram of organization of the occupational safety management department; responsibilities of concerned organizations and individuals.

3. Occupational safety training regulations

(Providing training for persons in charge of occupational safety, persons tasked with occupational safety activities and workers; planning scheduled or unscheduled training sessions). 

4. Regulations on daily, weekly, monthly or periodic work process with respect to the works subject to specific occupational safety requirements.

5. Safety requirements for construction site planning.

(General requirements; traffic and transportation roads; loading of materials, fuels, components and other related site planning requirements).

6. Regulations on specific occupational safety measures at construction sites.

(Measures for prevention of accidents related to falls; measures for prevention of accidents related to flying objects and falling objects; measures for prevention of accidents related to structural collapses; measures for prevention of accidents related to machinery and equipment used in construction activities; measures for prevention of accidents related to electricity, welding; measures for prevention of accidents related to construction on and under the water; measures for prevention of accidents related to construction of underground works; measures for prevention of accidents related to fire and explosion; measures for prevention of accidents affecting communities and neighboring works; traffic accident prevention measures and other related occupational accident prevention measures).

7. Regulations on provision, management and use of personal safety equipment

(Protective helmets; safety belts, coats; eye, ear, face, hand, and foot protection equipment; life jackets; respirators, air-purifying respirators; first aid boxes and other related tools and equipment).

8. Occupational health and environment management

(Occupational health, sanitation management, workplace environment monitoring systems and other systems related to occupational health and workplace environment management).

9. Emergency response regulations

(Communication networks, relevant procedures for response to emergencies).

10. Procedures for regular and irregular tracking and reporting of occupational safety management activities

(Tracking and reporting on the implementation of the general plan on occupational safety; reporting on occupational accidents and incidents causing unsafety at workplace during the construction process; sharing information about accidents and incidents with the aim of raising awareness amongst employees).

11. Appendices, forms, templates and images attached thereto.

APPENDIX IV

REPORT ON CONSTRUCTION SUPERVISION ACTIVITIES
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

Appendix IVa. Periodic report on construction supervision activities.

Appendix IVb. Report on completion of construction supervision of the construction package, phase, construction work. 

APPENDIX IVA

(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

PERIODIC REPORT ON CONSTRUCTION SUPERVISION OF CONSTRUCTION WORK/CONSTITUENT

To: ………(2)…….

……(1).... is reporting on the construction supervision of construction work/constituent ....(3).... from (dd/mm/yyyy)……to (dd/mm/yyyy)……. as follows:

1. Evaluating the comparability of the scale and function of the construction project with the construction permit (for construction works requiring construction permits), approved construction design, technical instructions, construction measures, safety measures and technical regulations and standards applicable to the construction project.

2. Evaluating the comparability of the construction contractor's capacity with their bid and the construction contract:

a) Construction unit’s name;

b) Evaluating the conformity of the capability of the contractor’s construction foreman and project director, construction engineering chief to the construction contract and legislative regulations;

c) Making the statistics and assessment of the conformity of construction machinery and equipment arising within the reporting period to the construction contract.

3. Evaluating the volume and progress of the work completed during the reporting period, construction work and labor safety during the construction period:

a) Construction quantities completed within the reporting period. Volume of work that have already been tested. Comparing the current construction progress with the general construction schedule and describing causes of delay (if any);

b) Comparing the construction organization with the approved construction approach. Describing any change in the construction approach (if any);

c) Evaluating implementation of the approved safety plan.

4. Making a statistics of tests conducted in the reporting period, including the number of results of each test. Evaluating the quality control of testing and inspection of building materials, products, components and built-in equipment according to the approved testing plan.

5. Making a statistics of construction work already undergoing testing and commissioning within the reporting period, staged testing or commissioning activities (if any). 

6. Making a statistics of design changes at the construction site during the reporting period.

7. Making a statistics of quality issues and defects, incidents (4) arising within the reporting period (if any); quality problems, issues and defects that are already remedied during the reporting period.    Evaluating causes, methods and results of remedy according to regulations.

8. Recommendations concerning construction duration, personnel, design and other engineering matters.

Annotation:

(1) Construction supervision unit’s name.

(2) Project owner’s name.

(3) Name of the construction work/constituent.

 (4) Where any incident occurs within the reporting period, the dossier stating handling of such incident must be attached to the report in accordance with the regulation......(1).........

APPENDIX IVB

(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

REPORT ON COMPLETION OF CONSTRUCTION SUPERVISION OF CONSTRUCTION PACKAGE/ PHASE/ CONSTITUENT/CONSTRUCTION PROJECT 

To: ……….(2)……….

……(1).... is sending a report on construction supervision activities for....(3).... as follows:

1. Project scale:

a) Describing the project’s scale and functions: main specifications, major functions of parts or constituents;

b) Evaluating the comparability of the scale and function of the construction project with the construction permit (for construction works requiring construction permits), approved construction design, technical instructions, construction measures, safety measures and technical regulations and standards applicable to the construction project.

2. Evaluating the comparability of the construction contractor's capacity with their bid and the construction contract.

3. Evaluating the volume and progress of the completed work, the performance of construction organization and occupational safety activities during the construction period.

4. Evaluating the testing and inspection of building materials, products, components and built-in equipment according to the approved testing plan.

5. Evaluating the organization work and results of the inspection, monitoring and control test (if any).

6. Evaluating the testing and commissioning of construction works, staged testing or commissioning activities (if any). 

7. Describing changes in design and inspection and approval of the revised design during the construction period (if any).

8. Describing quality issues, defects, incidents occurring during the construction period (if any) and evaluating causes, methods and results of remedial action in accordance with regulations.

9. Evaluating the conformance quality management dossier to regulations.

10. Evaluating compliance with legislative regulations on environment, laws on fire prevention and fighting, and other relevant provisions of laws (if any).

11. Evaluating conformance of operation and maintenance procedures to regulations.

12. Evaluating requirements concerning testing or commissioning after completion of the construction package, phase, construction work.

Annotation:

(1) Construction supervision unit’s name.

(2) Project owner’s name.

(3) Name of the construction package/phase/constituent/project.

APPENDIX V

(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

NOTICE OF COMMENCEMENT OF CONSTRUCTION WORK OR CONSTITUENT

……(1)…… is reporting on the commencement of the construction work as follows:

1. Name of the construction work:…………of the project………….

2. Construction site: ……………………………………………………………………………..

3. Project owner’s name and address: …………………………………………………………………

4. Name and phone number of the person directly in charge of the construction work/constituent: ……………………………..

5. Scale of the construction work (describing its scale, main technical specifications and functions).

6. List of main contractors and sub-contractors (if any): (general contractor, main contractors for construction survey, construction design, construction, supervision of construction and project management).

7. Construction commencement date and proposed completion date.

Annotation:

(1) Project owner’s name.

(2) Name of the construction regulatory authority at the locality where the construction site is located.

(3) Name of the construction authority inspecting the testing and commissioning of the construction work as prescribed in Clause 2, Article 24 of this Decree if the work is subject to the testing or commissioning requirement as prescribed in Clause 1 of Article 24 in this Decree.

(4) According to Points b, e, h and i, Clause 2, Article 89 of Law No. 50/2014/QH13, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, design documents must be enclosed; According to Point g, Clause 2, Article 89 of Law No. 50/2014/QH13, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, the followings must be enclosed: design documentation, other documents and records giving evidence of conformance to construction licensing requirements.

APPENDIX VI

APPLICATION PACKAGE FOR INSPECTION OF TESTING AND COMMISSIONING AFTER COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

Appendix Via. Report on completion of the construction work

Appendix VIb. List of project completion documents

APPENDIX VIA

REPORT ON COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

REPORT ON COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT

To: ………………….(2)…………………………….

……..(1)………… is filing the report on results of testing and commissioning after completion of the construction work, including:

1. Name of the construction work:…..(3)…… of the project………….

2. Construction site: ……………………………………………………………………..

3. Name and phone number of the person directly in charge of the construction work/constituent: ……………………….

4. Size of the construction work: (summarizing main technical specifications).

5. List of contractors (general contractor, main contractors for construction survey, construction design, construction and supervision of construction).

6. Construction commencement date and proposed completion date.

7. Quantity of main construction activities that have already been carried out.

8. Comparing quality of the construction work to that required in the design.

9. Reporting on conditions for bringing the construction work into operation or in use.

10. Attaching the list of documents about completion of the construction work.

The project owner undertakes to organize the construction work to ensure conformity with the evaluated and approved design documentation and the construction permit (or exemption clauses according to the provisions of law); gathers all required documents on completion of construction and organizes the testing and commissioning of the construction work in accordance with the provisions of law. It is requested that ....(2).... conducts the inspection of testing and commissioning of the construction work.

Annotation:

(1) Project owner’s name.

(2) Construction authority that inspects the project owner’s testing and commissioning under its jurisdiction as provided in clause 2 of Article 24 in this Decree.

(3) Name of the construction work or part of the construction work required when needing the inspection of the partial testing.

APPENDIX VIB

LIST OF PROJECT COMPLETION DOCUMENTS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

I. INVESTMENT PREPARATION DOCUMENTS AND CONTRACTS

1. Investment policy decision and investment pre-feasibility study report (if any).

2. Decision of approval of investment project and investment pre-feasibility study report or investment economic-technical report.

3. Design objectives, written evaluation and consultation documents of agencies involved in the appraisal of construction investment projects and initial designs.

4. Compensation plan for land acquisition, site clearance and construction of resettlement areas (if any).

5. Written regulatory documents issued by state organizations (if any) regarding: planning agreement, agreement or approval of use or connection to engineering works outside perimeter fences; assessment of environmental impacts, traffic safety or safety for adjacent works and other relevant ones.

6. Land assignment or lease decision of competent authority, or land lease contract required in case of not being assigned land.

7. Construction permit, except as being exempted from the construction permit submission requirement.

8. Decision on appointment of contractor, approval of results of selection of contractors, and construction contract between the investor and contractors.

9. Documents evidencing contractors’ conformance to legally prescribed competency requirements.

10. Other relevant documents and records available at the investment preparation stage.

II. CONSTRUCTION SURVEY OR DESIGN DOCUMENTS

1. Survey objectives, technical plans for construction survey, construction survey report.

2. Written notice of approval for the testing of construction survey results.

3. Results of construction design examination and assessment; decision on approval of construction design enclosed in the approved construction design documentation (including the list of drawings attached); technical instructions.

4. Written notice of approval for the testing of construction design.

5. Other relevant documents and records available at the construction survey and design stage.

III. CONSTRUCTION QUALITY MANAGEMENT DOCUMENTS

1. List of design changes made during the construction process and written documents on appraisal and approval by competent authorities.

2. As-built drawing (enclosing the list of drawings).

3. Construction quality inspection and control plans and approaches.

4. Documents evidencing origin of goods, labels of goods, documents on announcement of standards applicable to products and goods; certification of regulatory conformance, announcement of regulatory conformance, notification of receipt of documents on announcement of regulatory conformance by specialized agencies; certification of standard conformity (if any) in accordance with the Law on Product and Commodity Quality.

5. Results of observations (if any), surveys or experiments conducted during the construction period.

6. Reports on the pre-commissioning tests of construction works, construction constituents or at specific construction stages (if any) during the construction period.

7. Results of controlled experiments, construction quality inspections and tests on the bearing capacity of building structures (if any).

8. Documents on management of quality of equipment installed in construction projects.

9. Procedures for operation and use of construction works (if any); construction maintenance procedures.

10. Written agreement, arrangement or endorsement issued by regulatory bodies (if any) regarding:

a) Migration of population living in reservoir areas, and survey of historical and cultural sites;

b) Fire safety;

c) Environmental safety;

d) Occupational safety, safety for operation of construction equipment and technological devices;

dd) Implementation of construction permits (if construction permits are required);

e) Permission for connection to engineering and other relevant facilities;

g) Written documents of specialized construction and urban development authorities on the completion of the project's relevant technical infrastructure works according to the construction plans stated in the appraised and approved feasibility study reports;

h) Other documents prescribed by relevant laws.

11. Documents on handling construction incidents (if any).

12. Appendices on issues that need to be addressed and corrected (if any) after the construction work is put to use.

13. Report on test of completion of the construction work.

14. Written notices of the competent authorities prescribed in clause 2 of Article 24 herein (if any).

15. Relevant documents and records in the course of checking the pre-commissioning tests specified in Article 24 of this Decree (if any).

16. Other relevant documents and records existing at the construction and construction testing design stage.

Annotation:

When submitting the application for the inspection of completion of the construction work as prescribed at Point a, Clause 6, Article 24 of this Decree, the investor only sends a checklist of documents stated in this Appendix, except for those specified in Clauses 13, 14, 15 of this Appendix.

APPENDIX VII

(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

NOTICE

RESULTS OF INSPECTION OF TESTING AND COMMISSIONING AFTER COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT

To: ………….(2)…….......

Pursuant to the Government’s Decree No. .../2021/ND-CP dated January…, 2021 on management of quality, construction and maintenance of construction projects;

Pursuant to the construction permit (4);

Pursuant to the design documentation verified at the document No……..;

Pursuant to the report on completion of construction of the project’s owner No….dated…;

Pursuant to the report on response to issues of the project’s owner No….dated… (if any);

Pursuant to the written document stating approval of testing and commissioning of fire safety system No. (if any);

Pursuant to the written certification of completion of environmental protection work No. (if any);

Pursuant to relevant documents prescribed by specialized laws (if any);

Pursuant to results of inspection of the construction work dated……….,

…………(1)...... agrees the results of testing and commissioning by ……….(2)……….. to bring the following construction work/constituent into operation:

1. General information:

a) Name of the construction work/constituent: ....(3)....

b) Construction site: …………………..

c) Type and class of the construction work

d) Description of main specifications.

2. Requirements of the project owner

- Archiving construction documentation as prescribed.

- Managing and operating the construction project according to its approved designed usability.

- Other requirements (if any).

Annotation:

(1) Name of the construction authority that inspects the project owner’s testing and commissioning under its jurisdiction as provided in clause 2 of Article 24 in this Decree.

(2) Project owner’s name.

(3) Clearly stating the construction work/constituent and scope of testing and commissioning activities.

(4) Exemption from the construction permit: Clarifying grounds for exemption in accordance with laws.

APPENDIX VIII

LIST OF LARGE CONSTRUCTION PROJECTS USING COMPLICATED TECHNIQUES 
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

APPENDIX IX

LIST OF PAPERWORK FOR MANAGEMENT, OPERATION AND MAINTENANCE OF CONSTRUCTION PROJECTS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)

1. Decision on approval of investment project and investment pre-feasibility study report or investment economic-technical report.

2. Construction survey report.

3. The construction drawing that has been certified by the project owner (enclosing the list of drawings) and design changes occurring during the construction process.

4. As-built drawing (enclosing the list of drawings).

5. Results of construction quality monitoring and inspection, structural bearing capacity testing (if any) during the construction process, list of equipment, spare parts, supplies reserved for use as substitutes and other relevant documents.

6. Dossier on management of quality of built-in equipment.

7. Procedures for operation and use of construction works (if any); construction maintenance procedures.

8. Dossier on response to construction incidents (if any).

9. Report on testing and commissioning of completion of the owner’s construction work put to use. Appendices of issues to be dealt with or remedied (if any).

10. Notice of approval of results of testing and commissioning after completion of the construction work from a construction authority (if any).  

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