What are regulations on costs of inspection of the pre-acceptance testing or commissioning of construction projects in Vietnam?

What are regulations on costs of inspection of the pre-acceptance testing or commissioning of construction projects in Vietnam?

Pursuant to Article 16 of the Circular 10/2021/TT-BXD stipulating costs of inspection of the pre-acceptance testing or commissioning of construction projects in Vietnam as follows:

1. Costs of inspection of the pre-acceptance testing and commissioning of constructions projects in progress and after completion shall be subject to the clause 8 of Article 24 in the Decree No. 06/2021/ND-CP, including:

a) Costs of inspection by specialized construction agencies, including business travel expenses as prescribed and other expenses paid for inspection activities;

b) Costs and expenses paid for hiring persons (experts) invited by specialized construction inspection agencies, including travel expenses, costs of renting accommodations at visiting places and remuneration paid to experts;

c) Costs of hiring of the organization participating in the pre-acceptance testing or commissioning of construction projects.

2. Costs of inspection of pre-acceptance testing or commissioning of a construction project are deemed as cost components classified into other cost items and included in total construction investment.

3. The cost estimate specified in clause 1 of this Article shall be made based on the characteristics and nature of a construction project; project site; time, number of officials and experts (if any) participating in the pre-acceptance testing or commissioning and quantity of work. For construction projects funded by public investment capital or off-public investment capital, the costs specified at point c of clause 1 of this Article must not exceed 20% of the cost of construction supervision consultancy. Making, evaluating and approving the estimate of costs of the pre-acceptance testing and commissioning of constructions projects shall be subject to the clause 8 of Article 24 in the Decree No. 06/2021/ND-CP.

4. The investor shall be responsible for paying costs and expenses specified at point a of clause 1 of this Article at the end of the inspection. In case where the specialized construction agency invites an organization or individual having appropriate capacity to participate in the inspection, the investor shall sign the contract and make legally prescribed payments for the costs and expenses mentioned in point b and c of clause 1 of this Article.

What are regulations on the time and frequency of construction safety assessment of construction projects in Vietnam?

Pursuant to Article 17 of the Circular 10/2021/TT-BXD stipulating the time and frequency of construction safety assessment of construction projects in Vietnam as follows:

1. Organizations eligible to conduct safety assessment of construction projects are inspection organizations that satisfy competent requirements prescribed in clause 1 of Article 97 in the Government’s Decree No. 15/2021/ND-CP dated March 3, 2021, elaborating on a number of regulations on construction investment project management (hereinafter referred to as Decree No. 15/2021/ND-CP). The scope of their business shall be the same as that of inspection organizations specified in clause 2 of Article 97 in the Decree No. 15/2021/ND-CP.

2. Assessment of construction safety shall follow the procedures issued by the Ministry of Construction.

3. The time and frequency of construction safety assessment shall be regulated as follows

a) The first construction safety assessment shall be carried out 10 years from the time the construction project is put into operation or use according to the provisions of law;

b) The next assessment of safety of a construction project shall be carried out every 5 years.

4. The list of construction projects subject to the requirement of the competent authority’s review and notification of opinions on assessment results is regulated in Appendix III hereto.

5. After receipt of the report on assessment results, competent state authorities specified in clause 4 of Article 39 in the Decree No. 06/2021/ND-CP shall assume the following responsibilities:

a) Check competency requirements of organizations and individuals participating in construction safety assessment;

b) Check the compliance with the provisions of the law on construction safety assessment, including application of technical regulations, standards and procedures for construction safety assessment; contents, order, objects and time of construction safety assessment; results of construction safety assessment and other relevant regulations (if any);

c) Notify opinions on the results of the construction safety assessment according to the provisions of clause 3 of Article 39 in the Decree No. 06/2021/ND-CP.

What are regulations on construction safety assessment costs in Vietnam?

Pursuant to Article 18 of the Circular 10/2021/TT-BXD stipulating construction safety assessment costs in Vietnam as follows:

The costs of construction safety assessment which are a component of consultancy costs for maintenance of construction projects, including:

1. Costs incurred from conducting surveys and making records of the current state of the construction project (if any).

2. Costs of construction safety assessment activities.

3. Costs incurred from hiring an organization to review the construction safety assessment plan, costs incurred from hiring a supervision consultant organization to perform the construction safety assessment (if any).

4. Other associated costs.

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