List of paperwork for management, operation and maintenance of construction projects in Vietnam

List of paperwork for management, operation and maintenance of construction projects in Vietnam (Internet image)

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

1. List of paperwork for management, operation and maintenance of construction projects in Vietnam

Specifically, according to Appendix IX issued together with Decree 06/2021/ND-CP on theList of paperwork for management, operation and maintenance of construction projects, including:

- Decision on approval of investment project and investment pre-feasibility study report or investment economic-technical report.

- Construction survey report.

- The construction drawing that has been certified by the project owner (enclosing the list of drawings) and design changes occurring during the construction process.

- As-built drawing (enclosing the list of drawings).

- Results of construction quality monitoring and inspection, structural bearing capacity testing (if any) during the construction process, list of equipment, spare parts, supplies reserved for use as substitutes and other relevant documents.

- Dossier on management of quality of built-in equipment.

- Procedures for operation and use of construction works (if any); construction maintenance procedures.

- Dossier on response to construction incidents (if any).

- Report on testing and commissioning of completion of the owner’s construction work put to use. Appendices of issues to be dealt with or remedied (if any).

- Notice of approval of results of testing and commissioning after completion of the construction work from a construction authority (if any).  

2. Regulations on preparation and archival of project completion documentation in Vietnam

Pursuant to Article 26 of Decree 06/2021/ND-CP stipulating the preparation and archival of project completion documentation:

- Investors must undertake the preparation of construction completion documentation according to the provisions of Appendix VIb of this Decree before putting construction works or projects into operation or in use.

- Construction completion documentation shall be made once for the entire construction investment project if the construction works (items) belonging in projects are put into operation or in use at the same time. In case where construction works (items) of a project are put into operation or in use at different time, construction completion documentation can be made for each of these works (items).

- Investor shall undertake the preparation and archival of construction completion documentation. The entities involved in construction investment activities will keep records and documents related to the works they perform on their part.

If there is none of originals, main copies or legitimate duplicates thereof may be used instead. Particularly for residential buildings and monuments, the archival must also be subject to the law on housing and the law on cultural heritage.

- The minimum period of archival or retention of documents and records shall be 10 years for construction works of group-A projects, 07 years for construction works of group-B projects and 05 years for construction works of group-C projects from the date on which these construction items and works are put to use.

- Documents and records submitted as archives of construction projects shall comply with the provisions of law on archival.

3. Regulations on delivery of construction works or projects in Vietnam

According to Article 27 of Decree 06/2021/ND-CP (amended in Decree 35/2023/ND-CP), the delivery of construction works or projects in Vietnam is as follows:

- The delivery of construction works and projects shall be subject to regulations laid down in Article 124 of the Law on Construction 2014, which is amended and supplemented in clause 46 of Article 1 in the Law on amendments to a number of articles of the Law on Construction.

- Depending on the specific conditions of each construction work, each completed project constituent or each construction item that is completed and tested according to regulations can be delivered and put into operation at the request of the investor or the operator.

- Investors shall undertake the preparation of 01 set of documents serving the purposes of management, operation and maintenance of construction works or projects in accordance with the provisions of Appendix IX of Decree 06/2021/ND-CP, and delivery thereof to owners or managers or users thereof during the process of such delivery.

Owners or managers or users of construction works shall be responsible for retaining and archiving delivery documentation during the process of operation and use of such construction works.

- In case of partially putting construction works into operation or in use, investors shall undertake the preparation of construction completion documentation, the preparation and handover of documentation serving the purposes of management, operation and maintenance of the part of construction work to be put to use.

Ho Quoc Tuan

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