Vietnam: Supplementing responsibilities and rights of a construction chief supervisor

According to Point b Clause 1 Article 1 of Circular No. 04/2019/TT-BXD of the Ministry of Construction of Vietnam, responsibilities and rights of a chief supervisor are supplemented as follows:

- Manage the construction supervision in accordance with Clause 1 Article 26 of Decree No. 46/2015/ND-CP of Vietnam’s Government, contracts, scope of work assigned by the investor, quality management system and relevant regulations of law.

- Assign tasks and responsibilities, and inspect and expedite the construction supervision by supervisors;

- Supervise and sign records of commissioning of tasks relevant to the issued practicing certificate in case of direct supervision of construction. Check and compare information on as-built drawings prepared by the construction contractor with existing condition of the construction work, and then append signature;

- Take part in carrying out commissioning and sign records of commissioning of construction phases (if any), contract packages, work items or construction works. Refuse to carry out commissioning, if quality of the work items and construction works fails to comply with design requirements, technical regulations and standards applied to works; provide explanation in writing;

- Be responsible to organizations in charge of construction supervision and the law for the tasks he/she has performed. Refuse to carry out supervision in writing when the construction fails to adhere to the construction planning or construction permit if the construction permit is required, construction designs or construction contracts between investor and contractors and regulations of law;

- Cooperate with relevant parties in resolving difficulties that arise during the construction process;

- Do not agree with comments and supervision results from supervisors when the construction fails to adhere to the construction permit if the construction permit is required, technical regulations, applicable standards, technical specifications, construction method statements and safety assurance measures that have been approved; construction contracts between investor and contractors and regulations of law;

- Submit written proposal for construction suspension to the investor if any part of a work, work item or construction work is suspected of failing to ensure safety, thereby leading to partial or complete collapse of the work;

- Request the investor to carry out monitoring, experiments or inspections of work items and construction works if necessary and resolve issues concerning changes to design during construction (if any).

View full text at Circular No. 04/2019/TT-BXD of the Ministry of Construction of Vietnam, effective from October 01, 2019.

Thu Ba

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