Who has the responsibility for quality management of construction works in Vietnam?

Who has the responsibility for quality management of construction works in Vietnam?

According to Article 17 of Circular 65/2011/TT-BCA, the regulations for quality management of construction works in Vietnam are as follows:

1. Investors, construction contractors, construction supervisors, and design consultants have direct responsibility for ensuring the quality of construction work.

2. The roles and responsibilities of the investor, whether directly managing or hiring consultants for project management, are specified in Article 4 of Circular 27/2009/TT-BXD dated July 31, 2009, issued by the Ministry of Construction, providing guidelines on several aspects of quality management of construction works.

3. The responsibilities of various parties in supervising construction quality:

   - The responsibility of the investor to supervise construction quality is specified in Article 21 of Decree No. 209/2004/ND-CP;

   - The responsibility of the contractor to manage construction quality is specified in Article 19 of Decree 209/2004/ND-CP;

   - The responsibility of the design consultant contractor for author supervision is specified in Article 22 of Decree 209/2004/ND-CP.

Moreover, the regulations also specify responsibilities for managing the construction work progress in Vietnam as follows:

The management of construction progress is regulated in Article 28 of Decree 12/2009/ND-CP. The construction progress is detailed in the contract signed between the investor and the contractor and is governed by conditions for bonuses and penalties depending on whether the construction schedule is shortened or extended. The construction schedule can only be extended with the approval (or assent) of the authorized investment decision-making body. If the contractor intentionally extends the schedule beyond the commitments stated in the bidding documents and contract for profit, the gained benefits will be deducted when settling the construction account. This clause must be included in the bidding documents and committed in the contract.

More details can be found in Circular 65/2011/TT-BCA, which comes into effect in Vietnam from November 18, 2011.

Thuy Tram

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