What are the rights of project owners in construction? What are the obligations of the construction supervision contractors in Vietnam?
What are the requirements of supervision of the construction of works in Vietnam?
According to Article 120 of the Law on Construction 2014, regulations on construction supervision are as follows:
Construction supervision
1. Construction works shall be supervised in terms of quality, volume, progress, labor safety and environmental protection in the course of construction.
The State shall encourage the supervision of the construction of separate houses.
2. Supervision of the construction of works must ensure the following requirements:
a/ Supervision shall be conducted throughout the process of construction from commencement of construction, construction activities to completion and pre-acceptance test of construction jobs or constructed items;
b/ Supervision shall be based on approved construction designs, applied standards, technical regulations, regulations on the management and use of building materials, technical instructions and construction contracts;
c/ Honesty, objectivity and non-self-seekingness.
3. Selected construction supervision contractors shall propose supervision solutions and the process of controlling the quality, volume, progress, labor safety and environmental protection and the process of examination and pre-acceptance test, measures to manage records and documents in the process of supervision and other necessary contents.
Supervision of the construction of works must ensure the following requirements:
- Supervision shall be conducted throughout the process of construction from commencement of construction, construction activities to completion and pre-acceptance test of construction jobs or constructed items;
- Supervision shall be based on approved construction designs, applied standards, technical regulations, regulations on the management and use of building materials, technical instructions and construction contracts;
- Honesty, objectivity and non-self-seekingness.
What are the rights of project owners in construction in Vietnam? What are the obligations of the construction supervision contractors in Vietnam?
What are the rights of project owners in construction in Vietnam?
According to Clause 1, Article 121 of the Law on Construction 2014, the investor's rights in construction supervision are as follows:
Rights and obligations of project owners in construction supervision
1. Project owners have the following rights:
a/ To conduct supervision by themselves when they have full construction supervision capabilities and take responsibility for their supervision;
b/ To negotiate and sign construction supervision contracts; to monitor and supervise the performance of, and request construction supervision contractors to properly perform, signed contracts;
c/ To change or request consultancy organizations to change supervisors in case the supervisors fail to strictly comply with regulations;
d/ To suspend the performance of, or terminate construction supervision contracts in accordance with law;
dd/ Other rights stated in the contracts and prescribed by relevant laws.
Accordingly, project owners have the following rights:
- To conduct supervision by themselves when they have full construction supervision capabilities and take responsibility for their supervision;
- To negotiate and sign construction supervision contracts; to monitor and supervise the performance of, and request construction supervision contractors to properly perform, signed contracts;
- To change or request consultancy organizations to change supervisors in case the supervisors fail to strictly comply with regulations;
- To suspend the performance of, or terminate construction supervision contracts in accordance with law;
- Other rights stated in the contracts and prescribed by relevant laws.
What are the obligations of the construction supervision contractors in Vietnam?
According to Clause 2, Article 122 of the Law on Construction 2014, the obligations of construction supervision contractors are as follows:
Rights and obligations of construction supervision contractors
....
2. Construction supervision contractors have the following obligations:
a/ To conduct supervision strictly according to contracts;
b/ Not to accept volumes that fail to ensure quality or conform to applied standards, technical standards and requirements of construction designs;
c/ To refuse to conduct pre-acceptance test of works that fail to meet quality requirements;
d/ To notify project owners of irrationalities in construction designs;
dd/ To supervise the implementation of regulations on safety and environmental protection;
e/ To pay compensations for damage caused by the falsification of supervision results on construction volumes implemented not according to designs, not in conformity with applied standards and technical regulations which have not been reported by supervisors to project owners or competent persons for handling, and by other violations due to their faults;
g/ Other obligations stated in the contracts and prescribed by relevant laws.
Thus, Construction supervision contractors have the following obligations:
- To conduct supervision strictly according to contracts;
- Not to accept volumes that fail to ensure quality or conform to applied standards, technical standards and requirements of construction designs;
- To refuse to conduct pre-acceptance test of works that fail to meet quality requirements;
- To notify project owners of irrationalities in construction designs;
- To supervise the implementation of regulations on safety and environmental protection;
- To pay compensations for damage caused by the falsification of supervision results on construction volumes implemented not according to designs, not in conformity with applied standards and technical regulations which have not been reported by supervisors to project owners or competent persons for handling, and by other violations due to their faults;
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