CONSTRUCTION ACCEPTANCE IN VIETNAM

19/3/2024 | 387 views

Construction acceptance is often used in the construction field to refer to the process of checking and evaluating the completeness of a construction project after a work item has been completed or put into use. Project acceptance is usually performed by experts or a team of construction engineers quality inspection, to determine whether the project has met sufficient technical, safety and environmental standards to be accepted and transferred for investors or users.

During the acceptance process, factors such as material quality, accuracy of construction work, compliance with technical and contractual regulations, labor safety and environmental protection are often carefully checked. If the work does not meet the necessary standards or requirements, adjustments or repairs may be required before acceptance.

After successful acceptance, the project will be officially accepted and transferred to the user or investor, and the next period of the project, such as maintenance and use, will begin.


SVG Engineering is a reputable construction supervision unit for nearly 20 years in Vietnam

ACCEPTANCE OF CONSTRUCTION WORKS INCLUDED

According to the regulations on acceptance of construction works in Article 123, Construction Law No. 50/2014/QH13 June 18, 2014: 

Article 123. Construction acceptance

1. Acceptance of construction works include: 

a) Acceptance of construction work during the construction process and acceptance of construction transition stages when necessary;

b) Acceptance of completed construction items, completion of construction works to put into exploitation and use.

2. Completed construction items and works are only allowed to be put into operation and use after being accepted to ensure the requirements of the construction design, applicable standards, technical regulations for the project, and regulations, regulations on management and use of construction materials and accepted according to the provisions of this Law.

3. The investor is responsible for organizing the acceptance of construction works. Organizations and individuals participating in acceptance are responsible for the products they certify when accepting construction projects.

4. Important national projects, large-scale projects, complex techniques, projects with great impacts on community safety and the environment, projects using state capital must be inspected for acceptance within construction process and upon completion of construction work. Responsibilities for organizing inspection of acceptance work are prescribed as follows:

a) The State Council for Acceptance of Construction Works organizes inspection of the acceptance work of investors for important national projects, large-scale projects, and complex techniques;

b) The specialized construction agency organizes inspection of the investor's acceptance work for projects that do not fall into the cases specified in Point a of this Clause.

5. The Government provides detailed regulations on quality management, acceptance and troubleshooting of construction works.

CONSTRUCTION ACCEPTANCE WORK PROCESS INCLUDES

According to regulations on acceptance of construction works in Article 21, Decree 06/2021/ND-CP Guidance on Quality Management, Construction and Maintenance of Construction Works

1. Based on the experimental and inspection plans for construction work and the actual construction progress on the construction site, the person directly supervising the construction of the project and the person directly in charge of construction techniques of Construction contractors carry out acceptance of construction work and are responsible for the results of assessing the quality of construction work that has been constructed and accepted; Acceptance results are confirmed by minutes.

2. Construction supervisors must base on construction drawing design documents, approved technical instructions, applicable technical regulations and standards, and quality inspection and testing results. Materials and equipment made during the construction process are related to the subject of acceptance to check the construction work required for acceptance.

3. The construction supervisor must carry out the acceptance of the construction work within a period of no more than 24 hours from the date of receiving the construction contractor's request for acceptance of the construction work. In case of disagreement with acceptance, the reason must be notified in writing to the construction contractor.

4. The acceptance record of construction work is made for each construction job or made together for many construction jobs of a work item according to the construction order, including the following main contents:

a) Name of job to be accepted;

b) Time and place of acceptance;

c) Participants sign the acceptance record;

d) Acceptance conclusion, clearly stating whether or not to accept the acceptance; agree to carry out further work; Requests for repair, completion of work already done and other requests (if any);

đ) Signature, full name, and position of the person signing the acceptance record;

e) Attached appendix (if any).

5. Members signing the acceptance record:

a) The person who directly supervises construction work of the investor;

b) The person directly in charge of construction techniques of the construction contractor or the general contractor or main contractor;

c) The person directly in charge of construction techniques of the subcontractor in case there is a general contractor or main contractor.

6. Components signing the acceptance record in case of applying EPC contract:

a) The person who directly supervises the construction of the EPC general contractor or the person who directly supervises the construction of the investor's project for the work he/she supervises according to the provisions of the contract;

b) The person directly in charge of construction techniques of the EPC general contractor.

In case the EPC general contractor hires a subcontractor, the person directly in charge of construction techniques of the EPC general contractor and the person directly in charge of construction techniques of the subcontractor will sign the acceptance record;

c) Representing the investor according to the agreement with the general contractor (if any).

7. Components signing the acceptance record in case of applying a turnkey contract:

a) The person who directly supervises the construction of the general contractor;

b) The person directly in charge of construction techniques of the general contractor.

8. In case the contractor is a joint venture, the person directly in charge of construction of each member of the joint venture shall sign the acceptance record of the construction work performed by him or her.

ACCEPTANCE OF CONSTRUCTION PHASE OR CONSTRUCTION WORK PART

According to regulations on acceptance of construction works in Article 22, Decree 06/2021/ND-CP Guidance on Quality Management, Construction and Maintenance of Construction Works

1. Based on the specific conditions of each project, the investor and relevant contractors may agree on the organization of acceptance of the construction phase or construction parts in the following cases: 

a) At the end of a construction phase or a construction part, it is necessary to carry out inspection and acceptance to evaluate the quality before moving on to the next construction phase;

b) At the end of a construction bidding package.

2. The acceptance of the construction phase or construction part is carried out on the basis of reviewing the results of the work that has been accepted according to the provisions of Article 21 of this Decree, the results of experiments and inspections, test, and test run to ensure technical requirements according to the provisions of construction design and legal documents according to relevant laws during the construction phase to evaluate. Acceptance conditions as agreed between the parties.

3. The investor and relevant contractors can agree on the time of acceptance, order, content, conditions and participants in the acceptance test; Acceptance results are confirmed by minutes.

ACCEPTANCE OF COMPLETED WORK ITEMS AND CONSTRUCTION WORKS PUT INTO USE

According to regulations on acceptance of construction works in Article 23, Decree 06/2021/ND-CP Guidance on Quality Management, Construction and Maintenance of Construction Works

1. Acceptance of completed project items and construction works:

Before being put into use, the investor is responsible for organizing and directly participating in the acceptance and completion of all construction items and works when the following conditions are met:

a) Construction work has been fully completed according to approved design documents;

b) The acceptance of construction work, parts, and stages in the construction process is fully implemented according to the provisions of Article 21 and Article 22 of this Decree;

c) Results of experiments, inspections, tests, trials and test runs ensure technical requirements according to regulations of construction design;

d) Comply with the provisions of law on fire prevention and fighting, environmental protection and other relevant laws.

2. Conditional acceptance, partial acceptance of construction works:

a) The investor may decide to organize conditional acceptance to put the work items and construction works into temporary operation in cases where the basic construction has been completed according to design requirements, but some remaining exist in terms of quality without affecting the bearing capacity, longevity, performance of the project and ensure that the project is eligible for safe exploitation and meets the provisions of relevant specialized laws. Acceptance results are confirmed in minutes according to the contents specified in Clause 6 of this Article, which must clearly state the quality shortcomings that need to be remedied or the construction work that needs to be continued and the timeframe. Time to complete these contents, requirements on limiting the scope of use of the project (if any). The investor shall organize the acceptance of the completed project after quality problems have been overcome or the remaining construction work has been completed;

b) In case part of the construction work has been completed and meets the conditions specified in Clause 1 of this Article, the investor may decide to organize the acceptance of this part of the construction work to put it into operation temporary. The acceptance results are confirmed by a record according to the contents specified in Clause 6 of this Article, which must clearly state the part of the project for which acceptance is held. The investor is responsible for continuing to organize construction and acceptance of the remaining construction parts and items according to the design; The continued construction process must ensure safety and not affect the normal exploitation and operation of the construction work that has been accepted.

3. Conditions for putting works and work items into operation and use:

a) Works and construction items are accepted according to the provisions of Clauses 1 and 2 of this Article;

b) For the works specified in Clause 1, Article 24 of this Decree, the competent state agency specified in Clause 2, Article 24 of this Decree must inspect the acceptance work and issue a written approval of the test results collected from the investor specified in Point a of this Clause. For projects using public investment capital or state capital other than public investment, the investor is only allowed to finalize the construction contract after receiving a written approval of the above-mentioned acceptance results. For works under PPP projects, the document accepting the acceptance results mentioned above is the basis for the PPP project enterprise to prepare a dossier requesting confirmation of project completion.

4. In case the project has completed construction but has some main criteria and technical parameters that do not meet design requirements and do not or do not meet the conditions for completed acceptance or conditional acceptance. According to the provisions of Clause 1 and Clause 2 of this Article, the handling is carried out as follows:

a) The investor together with the contractors must clarify the criteria and technical specifications that do not meet design requirements; Determine the responsibilities of relevant organizations and individuals and handle violations according to the provisions of the construction contract;

b) Putting works into operation and use in this case is only considered for traffic works and works providing essential technical infrastructure facilities serving community benefits on the basis of redefining Technical specifications and conditions for exploitation and use must be approved by the investment decision maker and consulted by competent state agencies in accordance with relevant laws.

5. The investor and relevant contractors agree on the time of acceptance, order and content of acceptance; Acceptance results are confirmed by minutes. The content of the record and the participants signing the acceptance record are specified in Clauses 2, 6, and 7 of this Article.

6. Minutes of acceptance of completed construction items and works include the following contents:

a) Name of project items and construction works to be accepted;

b) Time and place of acceptance;

c) Participants sign the acceptance record;

d) Evaluate the satisfaction of acceptance conditions as prescribed in Clause 1 of this Article and the conformity of construction items and works that have been constructed compared to design requirements, technical instructions and other requirements. Other requirements of the construction contract;

đ) Conclusion of acceptance (approval or disapproval of acceptance of completed work items and construction works; requests for repairs, additional completion and other opinions, if any);

e) Signature, full name, position and legal stamp of the person signing the acceptance record;

g) Attached appendix (if any).

7. Members signing the acceptance record:

a) Legal representative of the investor or authorized person;

b) Legal representative of the construction supervision contractor and chief supervisor;

c) Legal representative, commander or project director of the main construction contractor or general contractor in case of applying a general contractor contract; In case the contractor is a joint venture, there must be a full legal representative, commander or project director of each member of the joint venture;

d) Legal representative and design manager of the design contractor when requested by the investor;

đ) The legal representative of the agency competent to sign the project contract or the authorized person in case of investment in the public-private partnership method.

SVG ENGINEERING IS A REPUTABLE CONSTRUCTION SUPERVISION UNIT FOR NEARLY 20 YEARS IN VIETNAM

Sao Viet construction design consulting and inspection joint stock company (SVG Engineering) is a capable, dedicated and reputable company in terms of Construction Supervision and legal support for Investors/Business Owners to the best of its ability. We have experience in Construction Supervision for many diverse scale projects. With a prestigious brand of nearly 20 years in the field of construction activities: Design - Planning; Project supervision; Construction inspection; Project management;... SVG Engineering is committed to providing quality, dedicated Construction Supervision services... at reasonable costs to help customers/Investors/Business owners feel secure, satisfied.

EXPENSE OF CONSTRUCTION SUPERVISION IN VIETNAM

Please immediately contact Hotline: 0902.593.686 (Mr. Thang) & Email: svg.engineer@gmail.com for support and advice on issues related to Construction supervision in Viet Nam ... Best regards! 


VietNam construction consulting - Mr. Thang 0902.593.686

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