Vietnam Law has regulations on construction of work. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on preparation for construction of works in Vietnam? What are requirements on construction sites? Thanks for answering my questions!”
Legal grounds
- 2014 Vietnam Construction Law
Conditions for commencement of construction of works
The commencement of construction of a work must satisfy the following conditions:
- Having construction grounds for handover in whole or in part according to the construction schedule;
- Having construction permits, for works requiring construction permits as prescribed in Article 89 of 2014 Vietnam Construction Law;
- Having the approved construction drawing designs of items or works to be constructed and the drawings checked and certified by the project owner;
- Having construction contracts signed between the project owner and selected contractor;
- Ensuring adequate funds according to the work construction progress;
- Having measures to ensure safety and environmental protection in the course of construction.
The commencement of construction of separate houses must meet only the condition prescribed at Point b, Clause 1 of this Article.
Preparation of construction ground
– The recovery, allocation and lease of land and compensation and ground clearance for construction must comply with the land law. People’s Committees at all levels shall direct and organize the compensation and support for ground clearance and resettlement for construction investment projects in accordance with law.
– The duration of construction ground clearance must meet the requirements on project implementation progress as approved or decided by competent persons.
– The handover of construction grounds in whole or in part for construction must be as agreed between the project owner and construction contractor.
– Funds for compensation and support for ground clearance and resettlement (if any) shall be ensured.
Requirements on construction sites
– Project owners shall install signboards at construction sites, except for separate houses with under 7 stories. The contents of a signboard include:
+ Title and size of the work;
+ Dates of commencement and completion;
+ Names, addresses and telephone numbers of the project owner, construction contractor, construction designing organization and construction supervision organization or individual;
+ Perspective drawings of the work.
– Construction contractors shall manage the entire construction sites in accordance with law, except the case in which the project owner organizes the management. Contents of management of a construction work include:
+ There must be fences, guard posts and conspicuous signboards to ensure separation between the construction site and outside;
+ The layout of the construction site within the construction boundary of the work must be in line with the approved general construction ground design drawing and the specific conditions of the construction site;
+ Supplies, materials and equipment pending installation must be neatly arranged according to the general construction ground design;
+ Within the construction site there must be signboards of the general ground plan, safety, fire and explosion prevention and fighting and other necessary signboards.
– Construction contractors shall take measures to ensure safety for people and vehicles entering and leaving the construction sites, collect and treat construction wastes in a proper manner without badly affecting the environment around the construction sites.
Requirements on use of building materials
– Safety, efficiency, thriftiness and environmental friendliness.
– Materials and structures used in a construction work must comply with the approved construction designs and technical instructions (if any), ensuring quality in accordance with the law on standards, technical regulations and the law on quality of products and goods.
– Building materials used for manufacture and processing of semi-finished products must comply with Clauses 1 and 2 of this Article.
– Priority shall be given to using local and domestic materials. For projects using state funds, the use of imported materials must be stated in bidding dossiers or dossiers of requirements suitable to construction designs and technical instructions (if any) decided by investment deciders.
Requirements on construction of works
– 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 the construction of works
– Project owners have the following rights:
+ To carry out construction themselves if they have full and appropriate construction capabilities or select construction contractors;
+ To negotiate and sign construction contracts; to supervise and request construction contractors to strictly perform the signed contracts;
+ To suspend the performance of, or terminate, contracts with construction contractors in accordance with law and construction contracts;
+ To stop the construction and request construction contractors to remedy consequences caused by violations of regulations on work quality, safety and environmental protection;
+ To request related organizations and individuals to coordinate in performing jobs in the course of construction;
+ Other rights prescribed by law.
– Project owners have the following obligations:
+ To select contractors having full and appropriate construction capabilities suitable to different types and grades of works and construction jobs;
+ To join People’s Committees at all levels in paying compensations for damage and clearing sites for construction for handover to construction contractors;
+ To organize quality supervision and management of construction activities suitable to the forms of project management and conformable with construction contracts;
+ To examine construction measures and measures to ensure safety and environmental sanitation;
+ To organize pre-acceptance tests, payment and settlement for works;
+ To hire consultancy organizations having full construction capabilities to test the quality of works when necessary;
+ To examine and decide on contractors’ proposals related to designs in the course of construction;
+ To archive construction dossiers of works;
+ To take responsibility for the quality and origin of supplies, raw materials, materials, equipment and construction products they supply for use in the works;
+ To pay compensations for damage caused by their violations of contracts and other violations;
+ Other obligations prescribed by law.
Rights and obligations of construction contractors
– Construction contractors have the following rights:
+ To reject illegal requests;
+. To propose construction design modifications to suit construction reality, ensuring quality and efficiency;
+ To request payment for the value of completed construction volumes according to the contracts;
+ To stop construction when there are threats of unsafety to people and works or the principals fail to strictly perform their contractual commitments;
+ To request compensations for damage caused due to faults of the principal;
+ Other rights stated in the contracts and prescribed by relevant laws.
– Construction contractors have the following obligations:
+ To only undertake construction contracts and jobs suitable to their construction capabilities and properly perform the signed contracts;
+ To make and submit to project owners for approval construction measure designs specifying measures to ensure safety for people, machinery, equipment and works;
+ To carry out construction strictly according to the designs and applied standards and technical regulations, ensuring quality, progress, safety and environmental protection;
+ To apply an appropriate quality control system and establish quality management dossiers of works;
+ To comply with requirements on construction sites;
+ To take responsibility for the quality and origin of supplies, raw materials, materials, equipment and construction products they supply for the works;
+ To manage workers at construction sites, ensuring security, order and environmental protection;
+ To make construction completion drawings and take part in the pre-acceptance test of works;
+ To provide work warranty;
+ To pay compensations for damage caused by their violations of contracts, use of materials of improper categories or failure to ensure requirements of approved designs, construction activities which fail to ensure quality or cause environmental pollution, and other violations;
+ To bear responsibility for the quality of construction activities according to the designs, including jobs performed by subcontractors (if any); subcontractors shall bear responsibility for the quality of jobs they perform before principal contracts and law;
+ Other obligations stated in the contracts and prescribed by relevant laws.
Rights and obligations of designing contractors in construction
– Designing contractors have the following rights:
+ The rights prescribed in Clause 1, Article 86 of 2014 Vietnam Construction Law;
+ To request project owners and construction contractors to strictly implement the designs;
+ To reject requests of project owners for unreasonable design changes;
+ To refuse to conduct pre-acceptance test of works or work items if they are constructed not according to the designs;
+ Other rights as stated in the contracts and prescribed by relevant laws.
– Designing contractors have the following obligations:
+ The obligations prescribed in Clause 2, Article 86 of 2014 Vietnam Construction Law;
+ To appoint fully capable persons to conduct design author’s supervision according to the contracts; persons performing this task shall take responsibility before law for their violations and shall compensate for damage caused due to their faults;
+ To take part in the pre-acceptance test of works according to construction designing contracts with project owners;
+ To consider and remedy nationalities in the construction designs at the request of project owners;
+ To promptly notify to project owners of construction activities which are carried out not in accordance with approved designs and propose handling measures;
+ Other obligations stated in the contracts and prescribed by relevant laws.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
The recovery, allocation and lease of land and compensation and ground clearance for construction must comply with the land law. People’s Committees at all levels shall direct and organize the compensation and support for ground clearance and resettlement for construction investment projects in accordance with law.
The duration of construction ground clearance must meet the requirements on project implementation progress as approved or decided by competent persons.
The handover of construction grounds in whole or in part for construction must be as agreed between the project owner and construction contractor.
Conclusion: So the above is Legal regulations on construction of works in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
