Supervision of building construction execution is a crucial activity in the building process. However, it is often exploited by various parties for different purposes,   which can compromise the objectivity, integrity, and impartiality of this activity.

According to Article 120 of the 2014 Construction Law:

“Article 120. Supervision of building construction execution

1. Construction works shall be supervised for quality, volume, progress, work safety and environment protection during construction execution.

The State encourages construction execution supervision for individual dwelling house.

2. Supervision of building construction execution should meet following requirements:

a) Supervision shall be conducted throughout execution process from construction commencement, during execution until completion and acceptance of work, of construction works;

b) Construction execution of works shall be supervised according approved construction design, applicable standards, technical codes, stipulation on management, use of building material, technical specification and construction contract;

c) Faithful, objective, free of corruption.

3. Construction execution supervision contractor selected shall have proposal on supervision solution and procedure of control of quality, volume, progress, work safety, environment protection, procedure for check and acceptance, measure for dossier management during supervision process and other necessary content.”

Thus, supervision of building construction execution must cover the following aspects:

• Quality of the work
• Volume of the work executed
• Implementation Progress
• Safety during construction execution
• Environmental protection during construction execution

Additionally, the State encourages the supervision of individual housing.

 ________________________

Secondly, supervision of building construction execution must ensure the following requirements:

1. Supervision of building construction executionmust be carried out throughout the entire process, from the start of construction to the testing of the construction.
2. Supervision of building construction executionmust adhere to the approved construction design, technical regulations, management regulations, use of building materials, technical instructions, and the construction contract.

• The supervision must be faithful, objective, and free of corruption.

Based on Article 121 of Consolidated Text 02/VBHN-VPQH 2020 Construction Law:

Article 121. Right and responsibility of investment owner in supervision of building construction execution

1. Investment owner has following rights:

a) Conduct supervision of building construction execution on own account when having adequate qualification for supervision of building construction execution and be responsible for own supervision;

b) Negotiate, sign contract for supervision of building construction execution; monitor, supervise and require contractor of supervision of building construction execution to follow properly signed contract;

c) Change or require consultant organization to change supervising personnel in case this person does not comply with stipulation;

d) Suspend or terminate contract for supervision of building construction execution as stipulated by the law;

d’) Other rights in accordance with contract and stipulation of relevant law.

2. Investment owner has following obligations:

a) Select supervision consultant having adequate qualification appropriate to type, class of works for signing contract of supervision of building construction execution in case of being not able to conduct on own account supervision of building construction execution;

b) Give notice to relevant parties on right and responsibility of supervision consultant;

c) Deal promptly with proposals of supervisor;

d) Exercise adequately responsibilities as agreed in contract for supervision of building construction execution;

d’) Archive result of supervision of building construction execution;

e) Compensate for damage when selecting wrongly supervision consultant having no qualification for supervision of building construction execution, conducting wrong acceptance of volume, making wrong design and other violation causing damage on own account;

g) Other obligations in accordance with stipulation of contract and of related law.

 ________________________ 

The rights of the investment owner in supervising of building construction execution

+ Conduct supervision of building construction execution on their own account when having adequate qualification for supervision of building construction execution and be responsible for own supervision;

+ Negotiate, sign contract for supervision of building construction execution; monitor, supervise and require contractor of supervision of building construction execution to follow properly signed contract;

+ Change or require consultant organization to change supervising personnel in case this person does not comply with stipulation;

+ Suspend or terminate contract for supervision of building construction execution as stipulated by the law;

 + Execute other rights as agreed in the contract but not against the law.

 ________________________

The obligations of the investment owner in supervising of building construction execution:

+ Select supervisory consultants who are qualified and suitable for the construction level to sign the supervision of building construction execution contract.
To inform related parties of the rights and obligations of the supervisory consultant.
+ Handle the supervisor’s proposals. 
+ Fulfilling the obligations agreed in the construction supervision contract.

+Archive the results of the construction monitoring.

+ Be liable for damages when the selection of supervisory consultants does not meet the requirements for supervision of construction execution, improper volume testing, misdesign and other violations causing damage caused by them;

 ________________________

In accordance with Article 122 of the Consolidated Document 02/VBHN-VPQH 2020, the construction law on the rights and obligations of contractors to supervise construction works is consolidated as follows:

“Article 122. The rights and obligations of the contractor in supervision of building construction execution

1. The contractor overseeing the building construction execution has the following rights: 

a) Take part in testing, confirmation of works, completed building construction;

b) Require the construction contractor to execute the approved design and the signed construction contract;

(c) Make note of the supervisory work undertaken by him;

d) Suspension of construction in the event of detection of a risk of loss of safety or improper design by the contractor and timely notification to the investor for processing;

(e) Reject the unreasonable request of the parties concerned;

(e) Other rights under the terms of the contract and the relevant law.

2. The contractor supervising the building construction execution has the following obligations: 

(a) Conduct supervision in accordance with the contract;

(b) No mass testing does not guarantee quality; does not comply with applicable standards, technical regulations and according to the requirements of the construction design;

c) refuse to take the test when the work does not meet the quality requirements;

d) Proposing to the owner of the unreasonable construction design; Monitoring the implementation of safety and environmental protection regulations.;

(e) Compensation for misrepresentation of the monitoring results in the event of an improperly designed workload, non-compliance with applicable standards, technical regulations, but failure of the supervisor to report to the investor or the person authorized to handle and other violations caused by him;

g) Other obligations under the provisions of the contract and the relevant law.

Regarding the Rights of the Contractor in supervision of building construction execution is as follows:

1. The contractor has the right to participate in testing and confirm that the building construction execution has been completed
2. The contractor can require other contractor that the construction work is executed according to the approved design and the signed construction contract.
3. The contractor has the right to reserve opinions on projects they have undertaken.
4. The contractor can request the suspension of construction if it is discovered that the construction poses a safety risk or is being executed incorrectly according to the approved design. The contractor must notify the investor for timely handling.
5. The contractor has the right to refuse unreasonable requests from any concerned parties.

 ________________________

Regarding the responsibilities of the Contractor in supervision of building construction execution is as follows:

1. Execute supervision in accordance with the signed contracts.
2. Non-acceptance for construction that does not meet supervising requirements such as: Does not meet quality standards, not in accordance with the relevant standards, does not compliance with the strict technical and design requirements.
3. Refuse to accept construction that does not meet quality requirements.
4. Propose changes to the investor regarding any irrationalities in the construction design.
5. Monitor the implementation of safety and environmental protection regulations.
6. Compensate for damages resulting from falsified monitoring result related to construction volumes that deviate from the design, non-compliance with relevant standards, technical standards, especially if the supervisor fails to report these issues to the investor or the person authorized to handle other violations occurred.

Thus, with the strict legal regulations cited in this article, we gain a better understanding of the necessity and importance of supervision of building construction execution.

 ________________________

Above is an article sent to you by Globalink’s team of legal experts. Globalink hopes that it has partly helped you solve the initial problem.

In case you or other readers still have other questions, please contact Globalink’s legal team via the following information:

Hotline phone number: 0908.173988 – LLM. Vu Quyet Tien (Attorney)

Email: Tienvu.globalinklaw@gmail.com

Or go to the Company headquarters: 67/4 Hoang Hoa Tham, Ward 6, Binh Thanh District, Ho Chi Minh City

Transaction office: 656/47 Đ. Cach Mang Thang 8, Ward 11, District 3, Ho Chi Minh City, for more specific advice and guidance from us.

Translator: Bui Minh Đức