Vietnam’s procedure for quality inspection of technological lines in investment projects

Vietnam’s procedure for quality inspection of technological lines in investment projects
Tran Thanh Rin

On December 29, 2023, the Prime Minister of Vietnam promulgated Decision No. 33/2023/QD-TTg on applications and procedures for quality inspection and valuation of technological machinery, equipment, and lines in investment projects.

Vietnam’s procedure for quality inspection of technological lines in investment projects 

According to the Decision, the procedure for the quality inspection of technological lines in investment projects is as follows: 

- The agency requesting the inspection shall submit a document requesting the inspection following Form No. 01 specified in the Appendix of Decision No. 33/2023/QD-TTg enclosed with documents providing information on signs of violations in the investment project to a competent authority. 

If the competent authority is the agency requesting the inspection, it shall directly consider deciding to organize the inspection without having to request the inspection.

- Within 5 working days from the date of receipt of the document requesting the inspection, the competent authority shall assess the grounds for organizing the inspection and the necessity of the inspection.

+ If the grounds are inadequate, the competent authority shall notify the agency requesting the inspection of the reasons for not organizing the inspection in writing. 

+ If the grounds are adequate, the competent authority shall issue a document following Form No. 02 specified in the Appendix of Decision No. 33/2023/QD-TTg to the investor requesting reports and provision of documentation concerning the quality and value of technological machinery, equipment, and lines of the project. 

- Within 15 days from the date of receipt of the requesting document of the competent authority, the investor shall provide a copy of the report enclosed with certified or confirmed copies of documentation concerning the quality of technological machinery, equipment, and lines in the investment project to the competent authority. 

- Within 30 days from the date of receipt of the report and documentation from the investor, the competent authority shall decide to establish a Scientific and Technological Counseling Council under Article 5 of Decision No. 33/2023/QD-TTg and hold a meeting for the Council to assess and provide opinions on the quality and value of technological machinery, equipment, and lines in the investment project. 

In case the meeting of the Council does not have adequate grounds for providing opinions on the quality and value of technological machinery, equipment, and lines or has discrepancies, the Council shall consider suggesting implementing the inspection through a designated inspection organization and contents subject to inspection.

- Within 30 days from the date of receipt of the suggestion from the Council on implementing the inspection through a designated inspection organization, the competent authority shall select, issue a document requesting the inspection, and issue an inspection certificate following Form No. 03 specified in the Appendix of Decision No. 33/2023/QD-TTg, carry out a negotiation, and conclude an inspection contract with the designated inspection organization. Contents, time, and budget for the inspection shall be prescribed in the inspection contract.

In case of bidding for the selection of an inspection organization, the competent authority shall organize the bidding and ensure that the time and implementation procedure comply with bidding laws.

- Within 15 days from the date of receipt of the inspection certificate issued by the designated inspection organization, the competent authority shall hold a second meeting for the Scientific and Technological Counseling Council and provide opinions on the quality and value of technological machinery, equipment, and lines in the investment project. 

- Within 15 days from the date of receipt of the opinions of the Scientific and Technological Counseling Council on the quality and value of technological machinery, equipment, and lines in the investment project, the competent authority shall assess the suggested contents of the Council come to a conclusion on the quality and value of technological machinery, equipment, and lines in the investment project and send it to the agency requesting the inspection and relevant agencies and units for implementation as prescribed by laws. 

In case of necessity, the competent authority shall collect the opinions of independent specialists for consideration and conclusion.

See more detail in Decision No. 33/2023/QD-TTg, effective as of February 15, 2024.

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