Sequence of tasks involved in the management of construction works in Vietnam

Sequence of tasks involved in the management of construction works in Vietnam (Internet image)

1. Sequence of tasks involved in the management of construction works in Vietnam

Sequence of tasks involved in the management of construction works is specified in Article 11 of Decree 06/2021/NĐ-CP as follows:

- Land acquisition; construction site management.

- Management of building materials, products, components and equipment used in the construction project.

- Management of the contractor’s construction works.

- Supervision of construction works undertaken by the investor; inspection and pre-commissioning testing of construction works during the construction process.

- Author's supervision carried out by design contractors during the construction process.

- Controlled experiment, testing of the bearing capacity of the construction structure and construction verification during the construction process.

- Pre-commissioning testing at the construction stage, or the construction project constituent (if any).

- Pre-commissioning testing of completed construction items or works before being put into operation or in use.

- Inspection of the pre-commissioning testing conducted by the competent state authority (if any).

- Preparation and archiving of project completion documentation.

- Post-construction restoration.

- Transfer.

2. Scope of management of construction works in Vietnam

Scope of management of construction works in Vietnam is specified in Article 10 of Decree 06/2021/NĐ-CP as follows:

- Management of construction works includes:  

+ Construction quality management;

+ Construction progress management;

+ Construction quantity management;

+ Occupational safety and environmental control;

+ Occupational safety and environmental control;

+ Management of other matters or issues that is prescribed in construction contracts.

- Those stated in point a, b, c and d of clause 1 of Article 10 of Decree 06/2021/NĐ-CP are further elaborated herein.  The item stated in point dd of clause 1 of Article 10 of Decree 06/2021/NĐ-CP are further elaborated in the Decree on management of construction costs and expenses.

3. Management of building materials, products, components and equipment used in construction projects in Vietnam

Management of building materials, products, components and equipment used in construction projects in Vietnam is specified in Article 12 of Decree 06/2021/NĐ-CP as follows:

- Responsibilities of the contractor supplying construction products and materials that are goods sold on the market:

+ Conducting the quality control test and providing the principal (the purchaser of construction products) with certificates, accreditations, information and documents related to construction products and materials in accordance with construction contracts and other provisions of relevant laws;

+ Examining the quality, quantity and types of construction products and materials according to contractual requirements before transferring them to the principal;

+ Notifying the principal of requirements concerning transport, storage and preservation of building products and materials;

+ Repairing or replacing construction products that fail to meet quality requirements according to construction product warranty commitments and construction contract terms and conditions.

- Responsibilities of the contractor manufacturing and producing building materials, components and equipment used for construction works according to specific design requirements:

+ Seeking the principal (purchaser)’s approval of the process of production, testing and experimentation based on the design requirements and the quality control procedures during the manufacturing and production process with respect to building materials, components and equipment;

+ Conducting the manufacturing, production, testing and experimentation based on the procedures approved by the principal, and in conformity to design requirements; quality self-control and cooperation with the principal in quality control during the manufacturing, production, transportation and storage stage at the construction site.

+ Conducting the inspection and pre-commissioning test before transfer to the principal;

+ Transporting and transferring building materials, components and equipment to the principal in accordance with the contract;

+ Providing the principal with relevant certificates, accreditations, information and documents in accordance with the contract and other provisions of relevant laws.

- The contractors defined in Clauses 1 and 2 of Article 12 of Decree 06/2021/NĐ-CP shall be responsible for the quality of building materials, products, components and equipment supplied, manufactured or manufactured by themselves according to the principal's request and the accuracy and authentication of the documents provided to the principal; the principal's conduct of the pre-commissioning test does not reduce the above-mentioned liability of these contractors.

- The principal shall assume the following liabilities:

+ Prescribing the quantity, type and technical requirements of building materials, products, components and equipment in the contract with the supply, manufacturing and production contractor in accordance with the design requirements and technical instructions applied to construction projects;

+ Checking the quantity, type, technical requirements of materials, products, components and equipment according to the provisions of the contract; requiring supply, manufacturing and production contractors to fulfill the liabilities specified in Clauses 1 and 2 of Article 12 of Decree 06/2021/NĐ-CP before conducting the pre-commissioning test of materials, products, components and equipment used in construction works;

+ Carrying out quality control during the manufacturing and production process according to the procedures agreed upon with the contractor;

+ Preparing documents on quality control of materials, products, components and equipment used for construction projects as prescribed in Clause 5 of this Article.

- Documents on management of quality of building materials, products, components and equipment used in the construction project, including:

+ Manufacturer’s quality certificate prescribed in contracts and provisions of laws on product quality;

+ Certificate of origin that must conform to the provisions of the contract between the supply contractor, the purchaser, and agree with the accepted and approved list of materials and supplies with respect to importation thereof under the provisions of laws on origin of goods;

+ Certificate of conformance to relevant technical regulations and laws with respect to materials, products, components and equipment subject to the regulatory requirements for certification of conformance and announcement of conformance under legislative regulations on quality of commodities;

+ Information and documents related to materials, products, components and equipment used in construction projects under construction contracts;

+ Results of tests, experiments or inspections of materials, products, components and equipment used in construction projects in accordance with applied technical regulations, standards and design requirements which are carried out during the construction process;

+ Records of pre-commissioning tests of materials, products, components and equipment used in construction projects according to regulations;

+ Other relevant documents that are prescribed in construction contracts.

- Change of the types, origins of materials, products, components and equipment used in construction projects:

+ Replaced materials, products, components and equipment must meet design requirements, conform to applicable technical regulations and standards, and must be accepted and approved by the investor under contractual terms and conditions;

+ As for construction projects using public investment capital and state capital other than state investment capital, if such change leads to adjustment of the project, the law on construction project management must be observed.

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