Regulations on supervision of construction works

Decree 06/2021/ND-CP guidance on quality management, construction construction and construction maintenance

According to the provisions of Article 19 of Decree 06/2021/ND-CP guiding the quality management, construction and maintenance of construction works:

(1) shall be supervised during the construction process as prescribed in Clause 1 Article 120 of the Law No. 50/2014/QH13. The contents of supervision of execution of building works shall comprise:

- Checking the capability of construction contractors against their bid dossiers and construction contracts, including: human resources, construction equipment, specialized construction laboratories, quality management systems of construction contractors;

- Inspection of the contractor's construction measures against the approved execution process design Approve the overall safety plan and measures for ensuring the specific safety of the works that are likely to cause high occupational unsafety during the construction;

- To consider and approve the contents specified in Clause 3, Article 13 of this Decree submitted by contractors and request construction contractors to modify these contents in the course of construction to suit practical conditions and contractual terms. When necessary, investors shall reach agreement in construction contracts with contractors on the assignment of construction supervision contractors to make and request construction contractors to perform the above jobs;

- To inspect and approve construction materials, structures, products and equipment to be installed in the works;

- To inspect and urge construction contractors and other contractors to perform construction jobs at construction sites according to the requirements of construction designs and construction schedules of works;

- Supervise the implementation of regulations on safety management in construction; supervise safety measures for adjacent works and construction monitoring;

- Request the investor to adjust the engineering plan when finding mistakes and irrationalities;

- Request the contractor to suspend the construction if the construction quality is not conformable with technical requirements or the construction measures are not safe, violate the regulations on occupational safety management that causes or threaten the occupational accidents; cooperate in resolving the difficulties that arise during the construction and handling the issues in accordance with this Decree;

- Inspection and assessment of the results of testing and inspection of building materials, structures and products during the construction process and other relevant documents serving the acceptance; inspection and certification of as-built drawings;

- Carry out control experiments and quality assessment of construction parts, items and works as prescribed in Article 5 of this Decree (if any);

- To conduct takeover tests under Articles 21, 22 and 23 of this Decree; to inspect and certify completed construction volumes;

- Perform other tasks as prescribed in the construction contract.

(2) The investor is entitled to supervise the construction themselves if it is qualified or hire a qualified consulting organization as prescribed to supervise one, some or all of the contents specified in Clause 1 of this Article.

Construction supervision

(3) In case of EPC contracts or turnkey contracts, responsibilities for construction supervision are prescribed as follows:

- General contractors shall supervise the construction of parts they have performed and parts of jobs they have performed. General contractors may themselves supervise or hire capable consultancy contractors under regulations to supervise one.

- The investor shall have to inspect the construction supervision by the general contractor. The investor may appoint a representative to participate in the inspection and acceptance of building tasks and important transit of the construction that is agreed by the general contractor in the inspection and acceptance plan as prescribed in Point d Clause 3 Article 13 of this Decree.

(4) The organization carrying out supervision prescribed in Clause 2 and Point a Clause 3 of this Article shall construct a quality management system and have sufficient personnel to carry out supervision at the site in accordance with the scale and requirements of the supervision task. Depending on the size, nature and technique of a work, the personnel structure of a work construction supervision organization is composed of the chief supervisor and supervisors. The supervisors of the aforementioned organizations must have practice certificates in construction supervision in accordance with their specialties and construction classes.

(5) The entity supervising the construction of works shall prepare a report on the supervision according to contents specified in Appendix IV of this Decree and send it to the investor and shall be responsible for the accuracy, truthfulness and objectivity of the contents in this report. A report shall be made in the following cases:

- Make periodic reports or periodic reports according to the construction phase as prescribed in Appendix IVa of this Decree. The investor shall provide regulations on periodic or periodic reporting according to construction stages and the reporting time;

- The report on the process of acceptance and completion of the contract, work items and construction works according to regulations in Appendix IVb - this Decree.

(6) If the investor, EPC contractor, or general contractor in the turnkey form carries out by itself the supervision and construction process, the investor or general contractor must establish a supervision division that is independent from the division directly in charge of construction.

(7) With regard to public investment projects and non-public investment state capital:

- Organizations supervising the construction of works must be independent from construction contractors and contractors manufacturing, producing and/or supplying materials, products, structures and equipment used for the works;

- Construction supervision organizations are not allowed to participate in the quality inspection of construction works under their supervision;

- Contractors manufacturing, producing and/or supplying materials, products, structural components and/or equipment used for construction works shall not be allowed to participate in the quality inspection of products related to the supplies and/or equipment they have supplied.

(8) For PPP projects, the authority concluding the contract shall:

- Examine the capability and experience of contractors in the bidding dossier or dossier of requirements and verify the results of selection of contractors for the project's bidding packages (if any);

- Inspect the construction supervision according to the contents of the supervision outline and tasks and regulations in this Decree; inspect the conformity with the technical standards and regulations applicable to the construction and the technical regulations of the design documents during the construction.

The contract signing agency shall formulate and approve the inspection draft, including the scope of inspection, the number of inspections, and other requirements suitable for the tasks to be performed, and the agreements specified in the project contract;

- Request the PPP project management enterprise to request supervision consulting services and construction contractors to replace personnel if the capacity requirements specified in the bidding documents, request for proposals and regulations of law on construction are not satisfied;

- Request the PPP project management enterprise to suspend or terminate the construction in case of discovery of any accident that threatens the safety of the construction, violations against regulations on force-bearing safety, fire prevention and fighting, environment affecting life, community safety and adjacent construction, and request the contractor to take remedial measures before continuing the construction;

- Inspecting the quality of construction parts, items and the whole construction works when there is any doubt about the quality or when requested by State management agencies. The signatory to the contract shall select and approve the result of contractor selection in accordance with regulations of the law on bidding; inspect the assessment as prescribed;

- To take part in the pre-acceptance test of completed construction items or works before they are put to use according to the provisions of Article 23 of this Decree;

- To test the quality of works as a basis for transfer as stipulated in the project contract for BOT contract, BLT when ending the business or service leasing time.

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