Construction maintenance costs according to the law in Vietnam

Construction maintenance costs according to the law in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are construction maintenance costs?

According to Clause 1, Article 35 of Decree 06/2021/ND-CP, costs of maintenance of a construction work are all costs that are determined according to the requirements of the works to be performed in accordance with the approved construction maintenance procedures and plan.

Maintenance costs may include one, some or all of the costs incurred from the maintenance of a construction work according to the requirements of the approved construction maintenance procedures.

2. Construction maintenance costs according to the law in Vietnam

Specifically, in Clause 3, Article 35 of Decree 06/2021/ND-CP, construction maintenance costs include: 

- The costs of execution of the annual maintenance works, including: Costs incurred from formulating annual construction maintenance plans and cost estimates; carrying out regular and periodic construction inspections; project servicing costs determined according to the annual maintenance plans of construction projects; setting up and operating the database of construction maintenance; preparing and managing construction maintenance documentation.

- Costs of (both regular and irregular) construction repairs,  including the costs incurred from making repairs for construction work and equipment according to the approved construction maintenance procedures, and from any necessary addition and replacement of construction items and equipment to serve the purposes of ensuring the right functions and safety of construction works during the period of operation and use.

- Costs of consulting services for construction maintenance work, including: Costs incurred from

Establishing, examining (in case there is no maintenance procedures) or adjusting the construction maintenance procedures; inspecting the quality of construction works as a basis for maintenance work (if any); 

Checking construction works spontaneously to serve maintenance purposes (if any); conducting the ad-hoc inspection of construction works as required (if any);

Conducting the periodic assessment of the safety of construction works during the period of operation and use (if any); carrying out the survey with the aim of creating designs for repair work;

Making, verifying repair designs and cost estimates of maintenance; preparing invitations for bid, requests for proposals and evaluating bid packages and proposals submitted for contractor selection;

Supervising construction and repair of construction works, supervising repair of construction equipment; performing other consulting services;

- Other costs, including those necessary to carry out the construction maintenance process, such as audit, verification before approval of the financial settlement; construction insurance; evaluation and other related costs;

- Overheads incurred from construction maintenance activities performed by the owner or the manager or the user of the construction project.

3. Subject matters of maintenance of construction works in Vietnam

Subject matters of maintenance of construction works, including:

- Technical specifications, technology of the construction project, constituent and construction equipment;

- Regulations on the object, method and frequency of construction inspection;

- Regulations on contents of and instructions on maintenance of the work in accordance with each construction constituent, type of work and equipment installed in the work;

- Regulations on the time of and directions for the periodic replacement of equipment installed in the construction work;

- Directions for the method of repair of the damaged construction works, handling of the degraded construction works;

- Regulations on the useful life of the construction work, project constituents, construction items and equipment installed in the construction work;

- Regulations on the contents, method and time of the initial assessment and frequency rate of assessment of construction works subject to the safety assessment in the course of use and operation in accordance with applicable technical regulations and standards and provisions of relevant laws;

- Determining the time, subject matters and contents of the periodic inspection;

- Regulations on the time, method and cycle of observation of the construction works subject to the observation requirements;

- Regulations on construction maintenance records and information updating for construction maintenance records and documents;

- Other instructions related to the maintenance of construction works and regulations on the conditions to ensure conformance occupational safety and environmental hygiene requirements during the maintenance of construction works.

(Clause 1, Article 31 of Decree 06/2021/ND-CP)

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