Why is it necessary to have a construction judicial assessment?

26/5/2023 | 245 views

Why is it necessary to have a construction judicial assessment? Judicial expertise in the field of construction is increasingly important in order to resolve disputes, determine the cause of construction incidents, determine the safety of works and structures, determine the extent of damage, and the value of damage. damages, levels of compensation and liability, cases and requirements of the judicial authorities.

Construction judicial expertise is the use of construction knowledge and professional expertise by a construction judicial expert to draw conclusions on construction issues related to prosecution, investigation and prosecution activities. prosecuting, adjudicating and executing criminal judgments, settling civil cases and administrative cases at the request of procedure-conducting agencies or procedure-conducting persons or at the request of expertise requesters in accordance with regulations of the Law on Construction Judicial Assessment.

WHO NEED CONSTRUCTION JUSTICE ASSESSMENT?

- Agencies and levels of government in wards and communes
- Civil and Criminal Court
- Police agencies, control institutes
- Individual, collective or corporate organization

WHICH WORKS NEEDED CONSTRUCTION JUSTICE ASSESSMENT?

- Dispute resolution
- Determining the cause of the construction failure
- Determining the safety of works and structures
- Determination of damage and indemnity
- Determine the responsibility of the incident

CAPACITY CONDITIONS OF CONSTRUCTION JUSTICE ORGANIZATION

Capability conditions for judicial expertise organizations built on a case-by-case basis are specified in Decree No. 62/2016/ND-CP issued on July 1, 2016 stipulations on operating conditions judicial expertisespecific can be as follows:

Article 3. Capability conditions for judicial expertise organizations built on a case-by-case basis:

A case-based construction judicial assessment organization is a construction consulting organization that meets the provisions of Article 19 of the Law on Judicial Assessment and the following conditions:

1. For judicial assessment of compliance with law provisions in construction investment activities:

a) Having sufficient capacity conditions as prescribed to perform one of the jobs construction investment project management, construction inspection, construction supervision consistent with the contents of judicial assessment of construction;

b) The individual presiding over an assessment must satisfy the same conditions as for a construction judicial assessor, construction judicial expertaccording to the case, to conduct an assessment of compliance with the law in construction
investment activities specified in Clause 1, Article 2 of this Decree.

2. For judicial assessment of quality or causes of damage, shelf life and other specifications of materials, components, construction products, building parts or construction works:

a) In case of construction survey quality assessment or work construction design; The implementing organization must have sufficient capability conditions to perform one of the following tasks: construction inspection, construction survey, construction design, construction design verification according to regulations in accordance with the contents, supervision. construction judicial regulations;

b) In case of quality assessment of construction materials, products, and construction equipment; The implementing organization must have sufficient capacity conditions to perform one of the following tasks: construction inspection, construction design, construction testing, construction supervision, according to regulations in accordance with the construction judicial regulations contents;

c) In case of quality assessment of construction work parts, construction works and construction work incident assessment; the implementing organization must fully meet the capability conditions to perform one of the following tasks: construction inspection, construction design according to regulations in accordance with the contents of judicial assessment of construction;

d) The individual in charge of conducting inspection of the contents specified at Points a, b and c of this Clause must satisfy the corresponding conditions specified in Clause 2, Article 2 of this Decree.

3. For judicial assessment of work construction investment costs and work value:

a) Capable of performing one of the tasks of construction inspection, construction design, construction supervision, management of construction investment costs according to regulations in accordance with the contents of judicial assessment of construction. construction;

b) The individual presiding over the assessment must satisfy the provisions of Clause 3, Article 2 of this Decree.

4. The capacity conditions of organizations mentioned in Clauses 2 and 3 of this Article are specified in Section 2, Chapter IV of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on construction investment project management.

SVG ENGINEERING IS A PRESTIGE CONSTRUCTION JUSTICE UNIT WITH OVER 18 YEARS OF EXPERIENCE

The construction field is a unique field that has its differences from other judicial expertise.. Therefore, it is required that the Construction Judicial Assessment Unit have the capacity and understanding of construction and Legal. Sao Viet Construction Inspection and Design Consultancy Joint Stock Company (SVG Engineering) is a unit with a prestigious brand name for more than 18 years in the field of Construction Inspection, Construction Judicial Assessment. We own construction engineers appointed by the Chairman of Hai Phong City People's Committee and granted Construction Judicial Assessor Card on December 8, 2022 according to the provisions of Clause 1, Article 9 of the Law Judicial inspection.

SVG Engineering is a reputable construction judicial assessment unit in Vietnam

Decree No. 157/2020/ND-CP amending and supplementing Decree No. 85/2013/ND detailing and implementing measures Law on Judicial Assessment. The institution on "construction judicial assessment and assessment" has basically been improved through the promulgation of Laws, Decrees and Circulars guiding the implementation; the system of standards, technical regulations, and economic and technical norms has been increasingly improved.

COST OF CONSTRUCTION JUDICIAL ASSESSMENT

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

VietNam construction consulting - Mr. Thang 0902.593.686

SAO VIET DESIGN CONSULTING AND CONSTRUCTION SUPERVISORY JOINT STOCK COMPANY

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