Requirements on construction survey in Vietnam

Requirements on construction survey in Vietnam (Internet image)

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

1. Types of construction survey in Vietnam

 Types of construction survey according to Article 73 of the Construction Law 2014 include:

- Topographic survey.

- Engineering geological survey.

- Hydrogeological survey.

- Survey of the actual state of works.

- Other surveys to serve construction investment activities as decided by investment deciders.

2. Requirements on construction survey in Vietnam

Requirements on construction survey according to Article 74 of the Construction Law 2014 are as follows:

- Construction survey tasks and survey technique plans must suit types and grades of construction works, types of survey, designing steps and requirements of construction designing.

- Construction survey technique plans must meet requirements of construction survey tasks and comply with applied construction survey standards and technical regulations.

- Construction survey work must comply with construction survey technique plans, ensure safety and environmental protection, meet requirements of approved construction survey tasks, and shall be examined, supervised and tested for acceptance under regulations.

- Construction survey results shall be presented in a report, must ensure truthfulness and objectivity and accurately reflect reality, and shall be approved.

- Construction survey contractors must have sufficient capabilities suitable to types and grades of construction work and types of survey.

3. Rights and obligations of project owners in construction survey

Rights and obligations of project owners in construction survey according to Article 76 of the Construction Law 2014 are as follows:

- Project owners have the following rights:

+ To conduct construction survey when having sufficient capability conditions;

+ To negotiate and sign construction survey contracts; to supervise and request construction survey contractors to properly perform signed contracts;

+ To approve construction survey tasks and survey technique plans prepared by design consultants or survey contractors, and assign survey tasks to construction survey contractors;

+ To adjust construction survey tasks according to reasonable requests of construction survey consultants;

+ To suspend the performance of, or terminate contracts in accordance with law;

+ Other rights prescribed by law.

- Project owners have the following obligations:

+ To choose construction survey contractors and supervisors in case they cannot conduct or supervise construction survey by themselves;

+ To provide information and documents related to survey work to construction survey contractors;

+ To set construction survey requirements and ensure conditions for construction survey contractors to perform their jobs;

+ To properly perform the signed construction survey contracts;

+ To organize supervision of construction survey work; to pre-acceptance test and approve survey results in accordance with law;

+ To pay compensations for damage caused by the provision of inappropriate information and documents and violations of construction survey contracts;

+ Other obligations stated in the contracts and prescribed by relevant laws.

4. Rights and obligations of construction survey contractors in Vietnam

Rights and obligations of construction survey contractors according to Article 77 of the Construction Law 2014 are as follows:

- Construction survey contractors have the following rights:

+ To request project owners and related parties to provide relevant data and information in accordance with contracts for conducting construction surveys;

+ To refuse to implement requests beyond construction survey contracts;

+ To hire subcontractors to conduct construction surveys in accordance with construction survey contracts;

+ Other rights stated in the contracts and prescribed by relevant laws.

- Construction survey contractors have the following obligations:

+ To strictly comply with construction survey requirements in accordance with the Construction Law 2014 and construction survey contracts;

+ To propose and add construction survey tasks when detecting factors directly affecting design solutions;

+ To take responsibility for results and quality of construction surveys they have conducted; to take responsibility for managing the quality of surveys conducted by subcontractors (if any) and survey results of subcontractors.

When participating in construction surveys, subcontractors shall take responsibility before contractors and law;

+ To pay compensations for damage caused by improper performance of survey tasks, improper use of information, documents, standards and technical regulations on construction survey and violations of construction survey contracts;

+ Other obligations stated in the contracts and prescribed by relevant laws.

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