Rights and obligations of project owners in construction supervision in Vietnam

Requirements on construction of works in Vietnam

Pursuant to Article 111 of the Construction Law 2014, regulations on requirements on construction of works are as follows:

- Complying with approved construction designs, standards and technical regulations applicable to works, laws and regulations on use of building materials; ensuring force-bearing safety, safety in use, artistic appearance, environmental protection, fire and explosion prevention and fighting, and other safety conditions prescribed by law.

- Ensuring safety for construction works, people and construction equipment, underground facilities and adjacent works; taking measures to restrict human and property losses when unsafe incidents occur in the course of construction.

- Taking separate safety technical measures for construction items and jobs subject to strict requirements on labor safety and fire and explosion prevention and fighting.

- Using supplies and materials of proper types and specifications and quantities according to requirements of construction designs, ensuring thriftiness in the course of construction.

- Conducting examination, supervision and pre-acceptance test of construction jobs and important transitional construction stages when necessary and pre-acceptance test of completed items and works before they are put into operation and use.

- Construction contractors must meet all capability conditions applicable to different types and grades of works and construction jobs.

Rights and obligations of project owners in construction supervision in Vietnam (Internet image) 

Regulations on construction supervision in Vietnam

Pursuant to Article 120 of the Construction Law 2014, regulations on construction supervision are as follows:

- Construction works shall be supervised in terms of quality, volume, progress, labor safety and environmental protection in the course of construction.

The State shall encourage the supervision of the construction of separate houses.

- Supervision of the construction of works must ensure the following requirements:

+ Supervision shall be conducted throughout the process of construction from commencement of construction, construction activities to completion and pre-acceptance test of construction jobs or constructed items;

+ Supervision shall be based on approved construction designs, applied standards, technical regulations, regulations on the management and use of building materials, technical instructions and construction contracts;

+ Honesty, objectivity and non-self-seekingness.

- Selected construction supervision contractors shall propose supervision solutions and the process of controlling the quality, volume, progress, labor safety and environmental protection and the process of examination and pre-acceptance test, measures to manage records and documents in the process of supervision and other necessary contents.

Rights and obligations of project owners in construction supervision in Vietnam

Pursuant to Article 121 of the Construction Law 2014, the rights and obligations of project owners in construction supervision are as follows:

(1) Project owners have the following rights:

- To conduct supervision by themselves when they have full construction supervision capabilities and take responsibility for their supervision;

- To negotiate and sign construction supervision contracts; to monitor and supervise the performance of, and request construction supervision contractors to properly perform, signed contracts;

- To change or request consultancy organizations to change supervisors in case the supervisors fail to strictly comply with regulations;

- To suspend the performance of, or terminate construction supervision contracts in accordance with law;

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

(2) Project owners have the following obligations:

- To select supervision consultants that have full capability conditions suitable to the type and grade of construction works to sign construction supervision contracts in case they fail to conduct the supervision by themselves;

- To notify related parties of the rights and obligations of supervision consultants;

- To promptly respond to proposals of supervisors;

- To fully perform the obligations agreed upon in the construction supervision contracts;

- To preserve construction supervision results;

- To pay compensations for damage caused by the selection of supervision consultants that lack construction supervision capability conditions, pre-acceptance test of incorrect volume, construction not according to designs, and other violations due to their fault;

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

Mai Thanh Loi

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