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

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.