Does the management of construction works in Vietnam include construction progress management?

“Does the management of construction works in Vietnam include construction progress management? What are the regulations on construction progress management? What are the regulations on the supervision of construction projects during construction?” - asked a reader

Does the management of construction works in Vietnam include construction progress management?

Under Article 10 of Decree 06/2021/ND-CP on the scope of management of construction works:

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.

According to the above regulations, construction progress management is one of the contents of the management of construction works.

What are the regulations on construction progress management in Vietnam?

Under the provisions of Article 18 of Decree 06/2021/ND-CP, the construction progress management in Vietnam is specified as follows:

- 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.

- 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.

- 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.

- 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.

What are the regulations on the supervision of construction projects during construction in Vietnam?

Under Clause 1, Article 19 of Decree 06/2021/ND-CP, construction projects must be supervised during the construction period under Clause 1, Article 120 of the Law on Construction 2014. The construction supervision involves:

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

- 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;

- Considering acceptance of the regulations laid down in Clause 3, Article 13 of Decree 06/2021/ND-CP 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.

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

- 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;

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

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

- 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 by Decree 06/2021/ND-CP;

- 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;

- Conducting the controlled experiment and quality inspection of construction project constituents, items and construction works according to the provisions of Article 5 of Decree 06/2021/ND-CP (if any);

- Carrying out pre-commissioning tests as prescribed in Articles 21, 22, and 23 of Decree 06/2021/ND-CP; inspecting and confirming the completed construction quantities;

- Performing other tasks prescribed in construction contracts.

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