The judicial inspection process in the construction industry requires close coordination between appraisal agencies, appraisal organizations and appraisers, ensuring accuracy, objectivity and timeliness of the inspection process, inspection results. The judicial inspection unit and SVG Engineering appraisers ensure to perform tasks objectively and honestly without outside influence. Information and inspection results are kept confidential and only provided to competent authorities and relevant parties according to regulations.
CONSTRUCTION JUDICIAL INSPECTION PROCESS IN VIETNAM
According to ARTICLE 10 Circular No. 17/2021/TT-BXD dated December 22, 2021 of the Ministry of Construction stipulating a number of contents on judicial appraisal activities in the field of construction is carried out through the following steps:
STEP 1: Receive solicitation and request for inspection
- Organizations and individuals conducting construction judicial appraisal receive the decision to solicit appraisal or the document requesting appraisal; Check the completeness and validity of records, documents, and objects of inspection (if any) delivered and received according to the provisions of Point b, Clause 1, Article 10 of Circular 17/2021/TT-BXD;
- The delivery and receipt of records, documents, and objects of expertise shall comply with the provisions of Article 27 of the Law on Judicial Expertise 2012.
- In case the subject of appraisal cannot enclose the decision to solicit or request appraisal, the person soliciting the appraisal, the person requesting the appraisal and the organization or individual conducting the construction judicial appraisal shall make a record of delivery, receive objects of assessment at the scene where the requested case is located, request assessment according to regulations;
- In case the records and documents serving the appraisal are incomplete or invalid, within 05 working days, the organization or individual conducting the construction judicial appraisal shall send a written request to the person requesting the appraisal. appraiser, person requesting additional and complete appraisal;
- In case of refusal of expertise according to the provisions of Clause 2, Article 11 and Point b, Clause 1, Article 24 of the Law on Judicial Expertise 2012 (amended 2020)
Or in cases where judicial expertise cannot be performed according to the provisions of Article 34 of the Law on Judicial Expertise 2012, the organization or individual conducting judicial inspection must notify the reason in writing to the person requesting the expertise and the person requesting the expertise request an inspection within 05 working days from the date of receiving the decision to request an inspection.
STEP 2: Prepare for judicial inspection
- Organizations and individuals conducting construction judicial appraisal need to establish outlines, estimates of appraisal costs and request advance appraisal costs to send to the appraisal requestor and appraisal requester. The appraisal outline includes the following main contents:
+ Basis for performing inspection: decision to request inspection or written request for inspection; legal regulations, list of technical regulations, applicable standards and other grounds (if any);
+ Information about organizations and individuals performing the inspection;
+ Information about the subject and content of the inspection; inspection procedures and methods; name of laboratory, list of equipment used (if any); Other necessary contents to serve the inspection;
+ Completion time and progress;
+ Estimated inspection costs attached;
- The person soliciting or requesting the appraisal shall consider and approve the outline and estimate of inspection costs and advance inspection costs at the request of the construction judicial inspection organization or individual.
In case of necessity, the person soliciting the inspection or the person requesting the inspection can hire an organization or individual that meets the capacity conditions according to regulations to verify the outline and estimate of the inspection cost as a basis for acceptance favorable.
The agreement to perform the inspection between the person soliciting the inspection, the person requesting the inspection and the organization or individual conducting the construction judicial inspection is expressed in a contract or in other written forms according to the provisions of law. .
STEP 3: Perform inspection
- Organizations and individuals conducting construction judicial inspection carry out inspection according to the content of the approved inspection outline; Expertise conclusions are made according to the provisions of Article 32 of the Law on Judicial Expertise 2012 (amended 2020);
- During the implementation process, organizations and individuals performing construction judicial inspection must prepare a document recording the inspection process according to the provisions of Article 31 of the Law on Judicial Expertise 2012 (amended 2020);
- In case additional records and documents are needed to serve the inspection, the construction judicial inspection organization or individual shall send a written request to the person soliciting the inspection or the person requesting the additional inspection.
The time from the time the construction judicial inspection organization or individual makes a written request until receiving additional documents and records is not included in the inspection time. In case records and documents are not sufficiently supplemented as requested, organizations and individuals performing construction judicial inspection have the right to refuse inspection.
STEP 4: Hand over inspection conclusions and pay inspection costs
Organizations and individuals conducting construction judicial appraisal are responsible for handing over appraisal conclusions to the appraisal requestor and making a record. The person who solicits the inspection is responsible for paying the inspection costs to the organization or individual conducting the construction judicial inspection according to regulations.
STEP 5: Attend court
When requested by the court, representatives of construction judicial inspection organizations or individuals participate in the court hearing to explain the contents of the inspection conclusions.
The court is responsible for arranging a suitable position for the judicial expert when participating in proceedings at the trial according to the provisions of Clause 5, Article 44 of the Law on Judicial Expertise 2012 (amended 2020) and paying travel expenses. In contrast, the compensation regime for experts attending court hearings is in accordance with the law on compensation regimes for trial participants.
SVG ENGINEERING IS A CONSTRUCTION JUSTICE INSPECTION UNIT FOR NEARLY 20 YEARS IN VIETNAM
- Sao Viet Construction Design Consulting and Inspection Joint Stock Company (SVG Engineering) is a reputable unit with a brand name of nearly 20 years in the construction field in Vietnam, including: Inspection of industrial construction workshop - factory; Inspection of public works construction; Inspection of residential construction. SVG Engineering's team of consultants and construction engineers are professionally trained and have in-depth knowledge not only of the construction field but also of current construction legal documents. In addition, we have accumulated a lot of experience participating in many small to large scale projects, and have the ability to handle complex projects.
SVG Engineering is a reputable construction judicial inspection unit for nearly 20 years.
- On December 8, 2022, SVG Engineering was appointed and granted a construction judicial appraiser card by the Chairman of the People's Committee of Hai Phong City according to the provisions of Clause 1, Article 9 of the Law on Judicial Inspection.
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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