Liabilities of construction contractors in Vietnam

Liabilities of construction contractors in Vietnam (Internet image)

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

1. Liabilities of construction contractors in Vietnam

Liabilities of construction contractors in Vietnam according to Article 13 of Decree 06/2021/ND-CP are as follows:

- Receiving and managing building grounds, preserving land surveying and boundary markets of construction projects, managing construction sites according to regulations.

- Preparing and notifying investors and relevant entities about contractors’ construction management systems.

Construction management systems must commensurate with the size and nature of construction works, clearly stating the organizational charts and responsibilities of each individual for the construction management, including:

Construction foreman or project director of the contractor; individuals in charge of direct construction techniques, construction quality and safety control activities, management of construction quantities and progress, and management of construction documents.

- Seeking the investor’s acceptance of the followings:

+ Plan for testing, inspection, assessment, experimentation, trial operation, monitoring and determination of technical parameters of construction projects according to design requirements and technical instructions;

+ Approach for inspection and control of the quality of materials, products, components and equipment used in construction projects; construction method;

+ Construction progress schedule;

+ Plan for inspection and pre-commissioning test of construction works, pre-commissioning test at the construction stage or construction project constituents (items), acceptance test of completion of construction items and construction works;

+ General safety plan according to the contents specified in Appendix III of Decree 06/2021/ND-CP; Detailed safety measures for works posing high risks of occupational unsafety identified in the general safety plan;

+ Other necessary matters at the request of the investor and as prescribed in construction contracts.

- Determining danger sites in construction projects.

- Assigning construction manpower and equipment in accordance with the construction contract and relevant law provisions. Implementing the general occupational safety plan for the work performed on their part.

Persons in charge of safety at workplace that are employed by construction contractors must major in occupational safety or construction engineering, and meet other regulations of the laws on occupational safety and hygiene.

- Fulfilling the principal's responsibilities for the procurement, manufacture and production of materials, products, components and equipment used in construction projects in accordance with Article 12 of Decree 06/2021/ND-CP and the provisions of construction contracts.

- Organize the testing, inspection, experimentation and assessment of building materials, components, products, equipment, technological equipment before and during the construction process according to design requirements and regulations of construction contracts.

Construction laboratories owned or hired by contractors under the provisions of construction contracts must be qualified to provide testing services and must directly perform these services to ensure the test results properly indicate the quality of construction materials, components, products, equipment and technological equipment used in construction projects.

- Carrying out construction activities in accordance with construction contracts, permits (if any) or designs. Promptly notifying investors in case of detecting any discrepancy between design documentation or construction contracts and actual conditions during the construction process.

Controlling the quality of construction works on their part according to design requirements and regulations of construction contracts. Quality control records of construction works must accord with the actual time of execution at the construction site.

- Suspending construction works, project constituents or items when detecting and correcting any error or defect in the quality or any incident.

Ceasing construction works when detecting risks of occupational accidents and incidents causing unsafety at work and taking corrective measures to ensure safety before resuming construction works; overcoming consequences of occupational accidents and incidents causing workplace unsafety that would occur during the construction process.

- Conducting the surveying and monitoring or observation of construction works according to design requirements. Conducting tests, simple or complex dynamic test runs according to plans before recommending pre-commissioning tests.

- Main contractors or general contractors shall be responsible for inspecting construction works performed by subcontractors on their part.

- Using occupational safety funds for construction works to serve right purposes.

- Make logbooks of construction activities and as-built drawings according to the provisions of Appendix II of Decree 06/2021/ND-CP.

- Requesting investors to carry out pre-commissioning activities as per Article 21, 22 and 23 of Decree 06/2021/ND-CP.

- Reporting to investors on the construction progress, quality, quantity, occupational safety and environmental sanitation in accordance with construction contracts and other relevant laws or regulations, or making ad-hoc reports at the investor’s request.

- Reinstating the construction site, removing supplies, machinery, equipment and other property of their own from the construction site after the construction project has been commissioned and transferred, unless otherwise agreed in the construction contract.

- Organizing the preparation and archival of construction management documents for the work they perform on their part.

- Persons in charge of occupational safety of construction contractors shall assume the following responsibilities:

+ Implementing the general plan for safety at the construction site which has been approved by the investor; cooperating with stakeholders to regularly review this plan, safety measures and proposing any timely adjustment to the construction reality;

+ Instructing employees to identify dangerous factors that may cause accidents and measures to prevent accidents at construction site; requiring employees to properly and adequately use personal protective equipment when they are at work; inspecting and supervising the compliance with the occupational safety requirements of employees; managing the number of employees working at construction sites;

+ When detecting violations of the regulations on occupational safety management or risks of occupational accidents or incidents causing occupational unsafety, measures must be taken to promptly handle and correct these issues;

Deciding on the suspension of the works posing risks of occupational accidents or incidents causing labor unsafety; suspending employees who fail to comply with safety technical measures or violate regulations on the use of personal protective tools and means at construction site from being engaged in construction works and reporting to the construction foreman or the project director;

+ Participating in rescue of victims or mitigation of consequences of occupational accidents or incidents causing unsafety at work.

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

Sequence of tasks involved in the management of construction works in Vietnam according to Article 11 of Decree 06/2021/ND-CP is 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.

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