MỤC LỤC
Introduction
Supervision Consultant for the project is regulated in the Construction Law in Vietnam. This job is considered as construction consulting services.
The Construction Law (Law 50/2014/QH13, and the Amendment the Law 62/2020/QH14) said that :
Constructed Projects shall be supervised in terms of quality, volume, progress, labor safety, and environmental protection during the construction.
Article 120, The Construction Law of Vietnam (Law 50/2014/QH13)
This article tries to outline the scope of construction supervision consultant services commonly used for the constructed projects in Vietnam.
Notes: the definition of construction supervision consultant services here is somewhat similar to the construction monitoring services in some aspects.
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Regulations that govern and cover the construction supervision consultant scope of work
The Law
- The Construction Law (Law 50/2014/QH13)
- The Amendment (Law 62/2020/QH14)
The Decrees: (the Governmental Level Guidelines)
- Decree 46/2015/NĐ-CP ON QUALITY CONTROL AND MAINTENANCE OF CONSTRUCTION WORKS
- Decree 59/2015/NĐ-CP ON CONSTRUCTION PROJECT MANAGEMENT
- Decree 100/2018/NĐ-CP AMENDING AND ANNULING SOME REGULATIONS ON NECESSARY BUSINESS CONDITIONS IN FIELDS UNDER THE MANAGEMENT OF THE MINISTRY OF CONSTRUCTION
The Circulars (the Ministerial Level Guidelines)
- Circular 26/2016/TT-BXD ON ELABORATION OF A NUMBER OF ASPECTS OF CONSTRUCTION QUALITY CONTROL AND MAINTENANCE
- Circular 04/2019/TT-BXD AMENDMENTS TO CIRCULAR NO. 26/2016/TT-BXD DATED OCTOBER 26, 2016 OF THE MINISTER OF CONSTRUCTION ON ELABORATION OF A NUMBER OF ASPECTS OF CONSTRUCTION WORK QUALITY CONTROL AND MAINTENANCE
There are 4 main areas of the scope of work of the construction supervision consultant:
- To supervise the quality of the constructed work
- To supervise the construction progress
- To supervise the quantities of the constructed work
- To supervise the labor safety and environmental protection during the construction
Breakdown the scope of construction supervision consultant
This is explained and detailed in the Circular 26/2016/TT-BXD (Article 7, Items 1,2,3,4)
The supervision of the quality of the constructed work (item 1, Article 26, Decree 46/2015/NĐ-CP)
a) To issue a notice to another related contractor, sub-contractor on the duties, rights, obligations of the individuals in the quality management system of the client, of the supervision consultant to follow;
b) to check the conditions for the starting of the construction of the project as regulated in Article 107 of the Construction Law;
c) to check the capability’s conformity to the tender document, a construction contract with regards to personnel, construction equipment, construction testing lab, the quality management system of the contractor;
d) to check the construction method of the contractor against the approved construction method;
dd) review and accept the submission by the contractor as stated in Item 3, Article 25 of this Decree and request the contractor make adjustments during the execution so that it could best fit the contract and the real situation. Sometimes, and if the Client finds it necessary, the Client may include in the contract with the Contractor that they may assign the supervision consultant to make that submission and request the contractor to follow it for the construction.
e) to check and accept the material, element, other construction products, equipment used for the project;
g) to check and supervise the contractor and another contractor in their construction in accordance with the approved progress.
h) to supervise the application and execution of measures for environmental protection for the project in conformity to the regulation of the Law; to supervise the measures applied for safety protection for adjacent buildings, the monitoring measure for the project;
i) to supervise the measure to assure labor safety as in the code, regulation, the contract.
k) to ask the Client to make adjustments for the design documents when there is an error, mistake, inconsistent content of the design documents.
l) to temporarily suspend the execution of the contractor in case of the following: the quality does not meet the requirement; the construction method is considering unsafe. To chair and coordinate with relevant parties to settle the dispute arising during the construction. To coordinate to resolve, recover the defect as regulated in this Decree.
m) to check the documents prepared for the acceptance, check and certify the as-built drawing;
n) to organize the counter check testing, quality inspection for the project’s elements, items as stated in Article 29 of this Decree.
o) to make the acceptance for the construction job to move to the next construction phase, the acceptance for the construction stage, the completed items; to check and confirm the completed quantity for construction work;
p) to organize the formulation of the as-built document for the completion of the project
q) To implement the other provisions as stated in the construction contract.
The supervision of the construction progress (item 2, article 7, Circular 26 26/2016/TT-BXD)
a) to check and confirm the general construction schedule and the breakdown detail schedule made by the contractor in accordance with the approved schedule;
b) to check and supervise the progress of contractor on site. If necessary, the supervision consultant may advise and recommend the client to request the contractor to take measure to assure the construction schedule;
c) to evaluate, find out the reason, make a written report to submit to the client to review and make the decision for the extension of the project schedule when project general schedule be delayed;
d) to check the actual capability of the contractor in respect of manpower, equipment vs contract; to make report to the client, suggesting necessary measures to assure the progress.
The supervision of the construction quantity (item 3, article 7, Circular 26 26/2016/TT-BXD)
a) to check and confirm the accepted quantity;
b) to report to the client on the additional quantity over the signed contract;
The supervision of the labor safety and environmental protection during the construction (Article 34, 35 of the Decree 59/2015/NĐ-CP)
Article 34: the labor safety management on the construction site.
Article 35: the construction environment management.
The requirements for the individual and the organization practicing construction supervision consultant
The individual
The Chief Supervisor, Supervisor who performs the construction supervision consultant service shall satisfy the requirement in Item 9, Article 1, the Decree 100/2018/ND-CP dated 16 July 2018 and must have a valid practicing certificate.
The organisation
The organization that participates in the construction supervision consultant service for projects must have the Capability Certificate on the construction activities for the organization.
Both the practicing certificate of the individual and the Capability Certificate on the construction activities of the organization have registered code number which was published on the electronic information page of the Ministry of Construction.
How to select and formulate construction supervision consultant contract ?
Consultancy contract forms can be found in the followings guidelines from ministerial level documents:
The supervision consultant agreement is considered one kind of construction contract in the Decree 37/2015/ND-CP on the detailed regulations on the construction contract.
The form for different disciplines such as design, survey, supervision consultant, project management is guided in detailed in the Ministry of Construction (MoC) Circular 08/2016/TT-BXD guidance on a number of terms of construction consulting contracts.
However, you also can find another form in the Ministry of Planning and Investment (MPI) Circular 01/2015/TT-BKHĐT on the making of a request for expression of interest, the invitation to bid, request for proposals for consulting services.
These two above forms shall be used when the investment for the project comes from the public investment which formerly called a state budget.
In addition to these forms, another form can be used as stated in the Decree 37/2015/ND-CP (Article 54) as “the individual, the organization is encouraged to apply the standard forms of contract agreement of FIDIC to the formulation of a construction contract. When using these forms, the contents should be adjusted to it regulations in Vietnam”.
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