Vietnam: Shall a fine up to VND 20,000,000 be imposed upon a contractor, organization or individual for failing to keep adequate construction record?
Vietnam: Shall a fine up to VND 20,000,000 be imposed upon a contractor, organization or individual for failing to keep adequate construction record?
Pursuant to Clause 1, Article 33, Decree 16/2022/ND-CP stipulates as follows:
“Article 33. Violations of regulations on construction execution
1. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for one of the following acts:
a) Failing to restore the site, failing to move materials, machinery, equipment, and other assets of the contractor from the site after the work has been accepted and handed over (except for cases stipulated otherwise in the contract);
b) Not having a construction record or the construction record is non-conformable;
c) Failing to receive and manage the construction site, failing to preserve positioning benchmarks and boundary markers of the project, failing to manage the site according to regulations;
d) Using occupational safety costs non-conformably;
đ) Failing to report to the investor on the progress, quality, volume, occupational safety, and environmental hygiene of the construction work according to the stipulations in the construction contract and other relevant legal regulations;
e) Failing to organize and store management records of the construction execution according to regulations or organizing records that do not conform to the actual time of execution at the site.”
For acts of not having a construction record or having a non-conformable construction record, contractors, organizations, and individuals engaged in construction activities will be administratively fined from 10,000,000 VND to 20,000,000 VND.
Vietnam: Shall a fine up to VND 20,000,000 be imposed upon a contractor, organization or individual for failing to keep adequate construction record? (Image from the internet)
What are penalties imposed upon contractors for failing to request project developers to approve construction progress in Vietnam?
Pursuant to Clause 2, Article 33, Decree 16/2022/ND-CP stipulates as follows:
“Article 33. Violations of regulations on construction execution
…
2. A fine ranging from 20,000,000 VND to 40,000,000 VND shall be imposed for the failure to submit for investor approval the following items:
a) Plan for conducting tests, inspections, verifications, trials, monitoring, and measuring technical parameters of the work according to design requirements and technical guidelines;
b) Measures to control and check the quality of materials, products, components, and equipment used for the work, and construction methods;
c) Plan for inspecting and accepting construction work segments, construction stages, or (parts) of the construction project, and acceptance of completion of construction elements and the construction project;
d) Construction progress timetable.”
For the act of a contractor failing to submit for investor approval the construction progress timetable, there will be an administrative fine of 20,000,000 VND to 40,000,000 VND.
Shall a fine up to VND 60,000,000 be imposed for failing to identify danger zones in construction in Vietnam?
Pursuant to Clause 3, Article 33, Decree 16/2022/ND-CP stipulates as follows:
“Article 33. Violations of regulations on construction execution
…
3. A fine ranging from 40,000,000 VND to 60,000,000 VND shall be imposed for one of the following acts:
a) Failing to create as-built drawings according to regulations;
b) Failing to identify danger zonesin construction execution according to regulations;
c) Failing to deploy human resources and construction equipment according to stipulations in the construction contract and relevant legal provisions;
d) Failing to organize and conduct tests, inspections, trials, and verifications of materials, components, construction products, and equipment before and during the construction phase as required by the design and construction contract regulations;
đ) Using a construction-specific testing laboratory that does not meet competence conditions to perform tests or not directly conducting tests according to regulations.”
For acts where contractors, organizations, or individuals engaged in construction activities fail to identify danger zonesin construction execution, an administrative fine of 40,000,000 VND to 60,000,000 VND will be imposed.
Will there be penalties for failing to adhere to the approved construction design in Vietnam?
Pursuant to Clause 4, Article 33, Decree 16/2022/ND-CP stipulates as follows:
“Article 33. Violations of regulations on construction execution
…
4. A fine ranging from 50,000,000 VND to 70,000,000 VND shall be imposed for one of the following acts:
a) Using materials and components for the project without quality management documents or incomplete quality management documents according to regulations;
b) Executing construction contrary to the construction contract, building permit, approved construction design, or technical guidelines;
c) Lack of testing and verification results of materials, products, components, and equipment used for the project according to the technical regulations, applied standards, and design requirements during the construction phase;
d) Failing to perform surveying and monitoring of the project according to the design approved by the investor or failing to conduct single and integrated testing plans approved by the investor before requesting acceptance.”
For acts where contractors, organizations, or individuals engaged in construction activities perform construction contrary to the approved designs, an administrative fine of 50,000,000 VND to 70,000,000 VND will be imposed.
In addition to administrative penalties, remedial measures corresponding to the violation acts will be determined based on the stipulations mentioned in Clause 6, Article 33, Decree 16/2022/ND-CP.
Note: The administrative penalty levels above apply to violating organizations. In the case of individual violations, the administrative penalty will be half of the penalty imposed on organizations.
LawNet
