Guideline For Quality Supervision and Inspection in Construction Works

Guideline for Quality Supervision and Inspection
Table of Contents
Preface
Table of Contents
List of Legal Documents
List of Abbreviations
Chapter 1 Background and Procedure of Guideline Formulation ........................................................ 1-1

1.1 Project Background .................................................................................................................. 1-1
1.2 Procedure of Guideline Formulation ........................................................................................ 1-1
Chapter 2 Current Regulations of Supervision and Inspection in Viet Nam ........................................ 2-1
2.1 Introduction .............................................................................................................................. 2-1
2.2 Regulations ............................................................................................................................... 2-1
2.2.1 Construction Law ............................................................................................................. 2-1
2.2.2 Decree 46.......................................................................................................................... 2-3
2.2.3 Circular 26 ...................................................................................................................... 2-12
2.3 Flow of Supervision and Inspection in Viet Nam................................................................... 2-16
2.4 Features of Supervision and Inspection in Viet Nam ............................................................. 2-20
Chapter 3 Oversea Practice of Supervision and Inspection.................................................................. 3-1

3.1 Introduction .............................................................................................................................. 3-1
3.2 Practice of Supervision and Inspection in Japan ...................................................................... 3-1
3.2.1 Contract Formation........................................................................................................... 3-1
3.2.2 Supervision ....................................................................................................................... 3-1
3.2.3 Inspection ......................................................................................................................... 3-6
3.3 Practice of Supervision and Inspection in Singapore ............................................................. 3-12
3.3.1 Contract Formation......................................................................................................... 3-13
3.3.2 Construction Stage.......................................................................................................... 3-14
3.3.3 Defects Liability Period.................................................................................................. 3-17
3.4 Practice of Supervision and Inspection in Other Developed Countries ................................. 3-18
3.4.1 Supervision and Inspection in United Kingdom............................................................. 3-18
3.4.2 Supervision and Inspection in United States of America ............................................... 3-18
3.5 Features of Supervision and Inspection in Japan, Singapore and Other Countries ................ 3-19
Chapter 4 Important Notes and Improvements for Supervision and Inspection .................................. 4-1
4.1 Introduction .............................................................................................................................. 4-1
4.2 Important Notes and Improvements for POs / PMUs............................................................... 4-3
4.2.1 Survey and Design Stage .................................................................................................. 4-3
(1) Survey Works ............................................................................................................... 4-3
(2) Design Works ............................................................................................................... 4-3
4.2.2 Construction Stage............................................................................................................ 4-4
(3) Selection and Contract of Supervision Consultant ....................................................... 4-4
(4) Selection and Contract of Construction Contractor ...................................................... 4-4
(5) Languages for Documents and Implementation ........................................................... 4-4
(6) Report to SAs for Inspections of Acceptances during Construction Implementation
and at Completion ........................................................................................................ 4-5
(7) Plan on Quality Management ....................................................................................... 4-5
(8) Quality Management .................................................................................................... 4-6
(9) Progress Management .................................................................................................. 4-7
(10) Safety and Environmental Protection Management ..................................................... 4-7
(11) Defects and Remedies .................................................................................................. 4-7
(12) Design Adjustment ....................................................................................................... 4-8
i
(13) Incidents and Accidents ................................................................................................ 4-8

(14) Quality Assessment and Experiments .......................................................................... 4-9
(15) As-built Documents ...................................................................................................... 4-9
(16) Acceptance and Inspection of Acceptance during Construction Implementation ...... 4-10
(17) Acceptance and Inspection of Acceptance at Completion.......................................... 4-10
(18) Handover of Facilities and Documents ...................................................................... 4-11
(19) Operation and Maintenance Process Documents ....................................................... 4-11
(20) Warranty after Completion ......................................................................................... 4-12
4.2.3 Operation and Maintenance Stage .................................................................................. 4-13
4.2.4 Overall ............................................................................................................................ 4-13
(21) Dispute Settlement ..................................................................................................... 4-13
(22) Violation ..................................................................................................................... 4-13
4.3 Important Notes and Improvements for SAs .......................................................................... 4-13
4.3.1 Survey and Design Stage ................................................................................................ 4-13
(1) Design Works ............................................................................................................. 4-13
4.3.2 Construction Stage.......................................................................................................... 4-14
(2) Report from POs / PMUs for Inspections of Acceptances during Construction
Implementation and at Completion ............................................................................ 4-14
(3) Incidents and Accidents .............................................................................................. 4-14
(4) Quality Assessment and Experiments ........................................................................ 4-15
(5) Inspection of Acceptance during Construction Implementation ................................ 4-15
(6) Inspection of Acceptance at Completion .................................................................... 4-17
4.3.3 Operation and Maintenance Stage .................................................................................. 4-17
(7) Assessment of Force-Bearing Safety and Operation Safety ....................................... 4-17
(8) Incidents and Accidents .............................................................................................. 4-18
4.3.4 Overall ............................................................................................................................ 4-18
(9) Dispute Settlement ..................................................................................................... 4-18
(10) Violation ..................................................................................................................... 4-19
(11) Report on Status of Quality Control ........................................................................... 4-19
4.4 Additional Recommendations ................................................................................................ 4-19
Appendix I Requirements of Supervisors and Inspectors in PO / PMU
Appendix II Trainings and Qualifications for Supervisions and Inspections in Japan
Appendix III Recommendations for Management of Construction Quality and Maintenance of Houses
ii
List of Legal Documents

Abbreviation Full words
Construction Law Construction Law No. 50 / 2014 / QH13
Decree No. 37 / 2015 / ND-CP on April 22, 2015
Decree 37
Detailed Regulations on Construction Contract
Decree No. 46 / 2015 /ND-CP on May 12, 2015
Decree 46
Quality Control and Maintenance of Construction Works
Decree No. 59 / 2015 / ND-CP on June 18, 2015
Decree 59
Construction Project Management
Circular No. 9 / 2016 / TT-BXD on March 10, 2016
Circular 9
Guidance on Construction Contracts
Circular No. 26 / 2016 / TT-BXD on October 26, 2016
Circular 26 Guiding Some Contents on Quality Management and Maintenance of
Construction Projects
Public Sector Standard Conditions of Contract (seventh edition) developed by
PSSCOC
Singapore Government in 2014
FIDIC Conditions of Contract for Construction for Building and Engineering
FIDIC Conditions
Works, Designed by the Employer
of Contract
Multilateral Development Bank Harmonised Edition June 2010
List of Abbreviations
(first usage in each Chapter is full words + abbreviation, then abbreviation only )
Abbreviation Full words
CCQSP or the Project for Capacity Enhancement in Cost Estimation, Contract Management,
CCQS Project Quality and Safety in Construction Investment Projects
C/P or C/Ps Counterpart or Counterparts
DM Decision Maker
EIA Environmental Impact Assessment
EPC Engineering, Procurement and Construction
FIDIC The International Federation of Consulting Engineers
Guideline on Contract Management and Contract Alteration for Construction
GLCM
Contractor Works
GLQI Guideline for Quality Supervision and Inspection
GLSEI Guideline for Safety and Environmental Inspection
GOV The Government of the Socialist Republic of Viet Nam
JICA Japan International Cooperation Agency
MOARD Ministry of Agriculture and Rural Development
MOC Ministry of Construction
MOIT Ministry of Industry and Trade
MOLISA Ministry of Labor, Invalids and Social Affairs
MONRE Ministry of Natural Resources and Environment
MOT Ministry of Transport
PMC Project Management Consultant
PMU Project Management Unit
PO Project Owner
PPC Provincial People Committee
PPP Public-Private Partnerships
PSSCOC Public Sector Standard Conditions of Contract in Singapore
SA State Authority
SACQI State Authority of Construction Quality Inspection
SO Superintending Officer (Singapore)
SVC Supervision Consultant
iii
Chapter 1 Background and Procedure of Guideline Formulation
1.1 Project Background

In some construction works implemented in Viet Nam, it is reported that quality in the works and
facilities is in questions. Defects and damages during construction implementation and after
completion are appeared and it is often difficult to identify the cause(s). Causes of those damages
may be due to design deficits, improper quality control during construction, wrong usage of
facilities after completion (overload etc.) or combined ones.
In order to improve the situation, guideline for quality supervision and inspection in construction
works are planned to formulate for state authorities (SAs) and project owners (POs) / project
management units (PMUs), including supervision consultants (SVCs). The guideline for SAs and
POs / PMUs is very important in Viet Nam, because the contractors are in general not capable
enough to perform construction management, quality management in particular. Therefore SAs
and POs / PMUs involvements in construction implementation are strongly required to direct the
contractors in proper manner. In addition, SAs involvement is required to inspect activities of
POs / PMUs and the contractors, as some POs / PMUs are not capable enough to manage
construction quality and POs / PMUs sometimes overlook potential risks and dangers in quality
of construction works.
The guideline is mainly focused on construction implementation, because the construction stage
is most difficult and complicated, and affects final results in quality management.
1.2 Procedure of Guideline Formulation

Firstly, several questions shown below were sent to stakeholders in construction projects in Viet
Nam.
 About Quality Management in Vietnam nowadays, what are the main issues in your opinion?
 Do you think there are gaps between Vietnamese Quality Management Standards and
International Standards? If there are gaps and differences, please specify.
 Do you have any ideas to improve Quality Management in Viet Nam? If you have, please
specify.
 There are many issues in current Quality Management expenses in Viet Nam. To improve these
issues, do you have any ideas? Please specify.
 Please specify any problems in Quality Management that you have experienced.
Answers to the above questions are compiled in the table below.
Questions and Answers in Quality Management
No Answers
Questions: About quality management in Viet Nam nowadays, what are the main issues in your
opinion?
Regarding quality management in Viet Nam nowadays, the Government has issued a large
number of regulations which are quite specific and sufficient on survey, design, construction,
supervision, dossiers, etc. However, there still remain a lot of problems on quality
1
management such as bad quality, incidents, lack of safety, etc. Therefore, the main issue is
that the supervision mechanism and sanctions imposed to relevant stakeholders for their
violations in quality management are not strong or strict enough.
Quality management in construction works is actually the process of controlling
construction process in order to ensure that it follows proper order, process, and relevant
2 standards and codes. In Viet Nam now, the applied standards and codes are not quite
different from international ones. Therefore, the main issue is on the control process by
competent authorities and the compliance of contractors.
1-1
No Answers
Lack of consciousness and awareness among all personnel involved in the construction
3
project is the main issue.
Capability of the personnel who manage the quality control of the construction works seems
4
insufficient.
Overall quality mindset is low especially among personnel working in a company in which
5
most clients of their projects are Vietnamese companies.
For the infrastructure in the pubic work projects, the awareness of personnel relating the
6
quality of project is inadequate.
Quality control presents increasingly important concerns for project management. Defects in
constructed facilities may result in very large costs. Even with minor defects, re-construction
shall be required and facility operations impaired. Increased costs and delays are the result. In
7
the worst case, defects may cause personal injuries or fatalities. Accidents during the
construction process shall similarly result in personal injuries and large costs. Indirect costs of
insurance, inspection and regulation are increasing rapidly due to these increased direct costs.
With the attention to conformance as the measure of quality during the construction process,
the specification of quality requirements in the design and contract documentation becomes
8
extremely important. Quality requirements should be clear and verifiable, so that all parties in
the project can understand the requirements for conformance.
Quality of some construction project has been degraded after some year from taking-over. It
9
means quality management work was not good enough during construction period.
10 The importance of quality management has not been acknowledged yet in Viet Nam.
Quality management methods do not differ much between domestic projects and other
international projects. But, some of quality control tests are found simplified and
11
irresponsible here and there by local style interpretation. It was doubtful whether the test
was being conducted really in some of the materials tests in public institution.
Question: Do you think there are gaps between Vietnamese quality management standards and
international standards? If there are gaps and differences, please specify.
There isn’t a big gap between Vietnam’s quality management standards and international
1 standards. The main issue here is the implementation method and compliance (to the
standards) by relevant stakeholders.
It is understood that Vietnam standard may be established based on several international
2 standard with adjusting conditions in Viet Nam. Therefore there may not be large difference
between them.
Generally Vietnamese standards require less than international standards, for example, sand
in concrete. One reason is that it is difficult to achieve international standard with locally
3
available resources, so it is not just to raise up only standards, but capacity has to be raised
up as well to achieve higher standards.
ISO 9000 family addresses various aspects of quality management and contains best known
standards. The standards provide guidance and tools for companies and organizations who
4
intend to ensure that their products and services consistently meet customer’s requirements,
and that quality is consistently improved.
The standard is based on a number of quality management principles including customer
focus, the motivation and implication of top management, the process approach and continual
5
improvement. Using ISO 9000 helps ensure that customers get consistent, good quality
products.
There are some gaps and differences between Vietnam’s quality management standards and
6 international standards. Some TCVN does not mention clearly or does not have technical
requirement for each work item or each construction work for quality management.
Quality checks at each stage of the work are advanced while the scope of responsibility
between the consultant and the contractor remains vague. Verbal instructions that do not
7
entail responsibility are often given by the consultant. On the other hand, there is a lack of
cognizance of quality management obligations on the part of the contractor too.
1-2
No Answers
Question: Do you have any ideas to improve quality management in Viet Nam? If you have,
please specify.
Both management authorities and contractors should focus on the strict compliance to
proper process, standards and codes. Additionally, it is important to improve
1
self-responsibilities by the contractors as well as to apply regime of awards or sanctions
when necessary.
Only well knowledge and experienced engineer on specific technology should be assigned
2
as the supervisor and inspector who will manage the quality check.
Copying quality management is easy, but implementation is difficult unless they fully
3
understand the reason for the necessity to achieve higher standards.
4 It is needed to follow first foreign standards and update according to Vietnamese application.
To improve the quality management standards, it is considered that quality depends on the
5 contractor’s policy or education and strictly quality check by POs/PMUs and SAs. Each
party must study and acknowledge the importance of quality.
It is important that quality management standards are made clear prior to proceeding with
6
the work to rigorously manage subcontractors from the beginning in terms of quality.
Question: There are many issues in current quality management expenses in Viet Nam. To
improve these issues, do you have any ideas? Please specify.
If POs/PMUs and SVCs perform their responsibilities and roles well, the quality of
construction works will be enhanced. And in order to realize this idea, it is necessary to
1
consider the cost for supervision. The cost for supervision and the calculation of supervision
cost based on percentage as current practice is backward and not suitable.
In order to ensure quality management, it is necessary to follow proper processes and fully
equip with essential equipment in order to monitor construction process and control quality.
It is also necessary to arrange sufficient budget for personnel working on quality control to
2
ensure their hardworking. Further, in order to improve the role as well as the compliance
with regulations on quality management by relevant stakeholders, the expense for quality
management must be calculated accurately and adequately.
It is needed to rise up manufacturer’s and supplier’s levels of quality control. It will lead to
3
improve costs.
In order to improve the quality, independent inspector from abroad can be dispatched to Viet
4
Nam domestic project for studying.
5 Clients have to understand higher quality comes with additional costs.
Quality management expenses have to be sufficiently allocated. Stakeholders need clarify
6
these expenses to control quality of construction better.
It is known that some cases that the work carried out by local contractor passed quality
7 checks despite it did not meet the specified quality requirements, and caused problems or
troubles thereafter.
Question: Please specify any problems in quality management that you have experienced.
Expenses for quality management for projects funded with state budget are not appropriate
and needs to be improved. Additionally, it is necessary to raise awareness and improve
1
self-responsibility of each group and individuals who participate in quality management
process.
Some of inspectors or quality managers of the client do not know what subject is treated as
2
the high priority from the view point of technical issue.
Level of quality standards is very low. It is assumed less education regarding quality.
3 Sometimes management and/or clients have priority in low costs than quality, so the
contractor does not take care of quality.
Finishing works aren’t carried out in good manner or not in compliance with technical
4
requirements.
1-3
No Answers
Due to the market nature of construction industry, main contractor shall have good quality
management standards to the customer needs, as well as sub-contractors shall perform the
same. The implementation of main contractor’s standard construction management plan
5 shall be delivered to all sub-contractors through site organization effectively, to achieve in a
short time with minimum training. Effectiveness and continuous enhancement of good
quality management process for different sub-contractors and different project will be
solution.
There is no penalty for insufficient quality, and strictly penalty should be applied and
6
inspected by an independent authority.
Motivation for securing quality by establishing system that the contractor who gave rise to
7
quality troubles is eliminated from tendering within certain period of time.
The answers shown the above are summarized below.

- Importance of quality management is not fully recognized by project stakeholders (POs/PMUs,
SVCs and the contractors).
- Responsibility on quality management for POs/PMUs & SVCs and the contractors are not
clearly defined.
- Capacity on quality management for stakeholders is not enough and shall be enhanced.
- There are regulations for quality management and enforcement of the regulations is required
strictly, including sanctions on violations.
- Cost for quality management is not covered sufficiently in cost estimation.
Referring the answers the above, collecting opinions and voices from other stakeholders and
reviewing the current regulations and actual practices in the projects in Chapter 2 (roles of SAs
and POs / PMUs in quality management are specifically stipulated in the regulations) as well as
the studies in this regard in the developed countries (Japan, Singapore, United Kingdom and
United States of America) in Chapter 3, the important notes and improvements for quality
supervision and inspection for SAs and POs / PMUs is formulated and provided in Chapter 4.
1-4
Chapter 2 Current Regulations of Supervision and Inspection in Viet Nam
2.1 Introduction
Regulations in regard to supervision and inspection in construction works are stipulated in
Construction Law No. 50 / 2014 / QH13 published on June 18, 2014 (hereinafter referred to as
Construction Law), Decree No. 46 / 2015 / ND-CP Quality Control and Maintenance of
Construction Works published on May 12, 2015 (hereinafter referred to as Decree 46) and
Circular 26 / 2016 / TT-BXD Guiding Some Contents on Quality Management and Maintenance
of Construction Works published on October 26, 2016 (hereinafter referred to as Circular 26).
The related parts from those regulations are summarized and reviewed in Section 2.2, in which
review comments are written in italic in the box, where required.
Following Section 2.2, the flow of supervision and inspection with roles of stakeholders in
construction works in Viet Nam is shown in the table of Section 2.3.
Features in supervision and inspection in Viet Nam are compiled in Section 2.4 and ideas for
improvement are stipulated in each section of Chapter 4, by referring the studies on supervision
and inspection in the developed countries in Chapter 3.
2.2 Regulations
2.2.1 Construction Law
Construction law has ten chapters and provides five sections in Chapter VI Construction,
consisting of Section 1 (preparation for Construction (Article 107 to 110), Section 2 Construction
(Execution) (Article 111 to 119), Section 3 Construction Supervision, Acceptance and Handover
of Construction Facilities (Article 120 to 124), Section 4 Insurance and Maintenance of
Construction Facilities (Article 125 to 127) and Section 5 Construction of Special Works (Article
128 to 131). Some articles related to supervision and inspection are taken as important
hereinafter.
[Section 2 Construction (Execution) (Article 111 to 119)]
Article 111 (Requirements for Construction) stipulates that supervision, inspection and
acceptance of construction works shall be performed as requirements (Clause 5).
Article 112 (Rights and Obligations of Project Owners (PO) in Construction) stipulates PO roles
as follows in regard to quality management.
 PO shall organize supervision and management of quality in construction in accordance with
the models of project management and contracts (Clause 2 c)).
 PO shall organize acceptances for construction works (Clause 2 dd)).
Article 113 (Rights and Obligations of Construction Contractor in Construction) stipulates the
contractor roles as follows in regard to quality management.
 The contractor shall conduct construction in accordance with design, standards and technical
codes to ensure quality (Clause 2 c)).
 The contractor shall have quality management system and set up quality management dossiers
for construction works (Clause 2 d)).
 The contractor shall take accountability for quality and origin of materials, equipment and
products (Clause 2 e)).
 The contractor shall prepare as-built drawings and take part in acceptance of the works (Clause
2 h)).
 The contractor shall perform warranty (Clause 2 i)).
 The contractor shall take accountability for quality in accordance with design (Clause 2 l)).
Article 114 (Rights and Obligations of Design Consultants in Construction) stipulates the design
2-1
consultant roles as follows in regard to quality.

 The design consultant shall conduct design author supervision (Clause 2 b)).
 The design consultant shall participate in the acceptance of construction works (Clause 2 c)).
 For design stage (Article 86), the design consultant shall prepare design documents meeting the
requirements of design plan and approved technical standards, and complying with relevant
technical regulations (Clause 2 b)).
Article 119 (Incidents) specifies as follows.
 There are two cases during construction, operation or utilization of facilities, which are (1) in
case of incidents and (2) in case detecting risk for safety and affecting human lives,
surrounding facilities and communities.
To those cases, POs, the contractors, facility managers and state authorities shall (a) stop the
construction, operation or utilization, (b) conduct measures to ensure safety and limit and
prevent potential dangers and protect sites (Clause 1).
 State authorities and relevant entities and individuals shall conduct urgent countermeasures,
organize inspection to identify causes and clarify the responsibilities (Clause 2).
 Construction of the works or operation / utilization of the facilities are able to resume when the
state authorities permit (Clause 3).
[Section 3 Construction Supervision, Acceptance and Handover of Construction Facilities
(Article 120 to 124)]
Article 120 (Construction Supervision) defines supervision as follows.
 Supervision shall be conducted in term of quality, quantity, progress, labor safety and
environment protection during construction (Clause 1).
 Supervision shall be conducted from the commencement to the completion and acceptance of
construction works in accordance with the design, the standards and technical codes (Clause
2).
 When selected, supervision consultants shall issue proposals on supervision measures and
procedures of controlling quality, quantities, progress, labor safety, construction environment
protection, process of check and acceptance and methods of documentation (Clause 3).
Article 121 (Rights and Obligations of Project Owners (PO) in Construction Supervision)
stipulates as follows.
 PO shall carry out supervision by himself or select supervision consultants (Clause 1).
 PO shall inform relevant stakeholders of the rights and obligations of the supervision
consultants (Clause 2).
It is important that roles of supervision consultant shall be clearly stipulated including
demarcation between PO and the consultant and these shall be informed to the stakeholders,
the contractor in particular.
Article 122 (Rights and Obligations of Supervision Consultants) stipulates as follows.
 Supervision Consultants shall request the contractors to observe the design and contracts
(Clause 1).
 Supervision Consultants shall take part in the acceptance and certification of the works and
facilities at completion (Clause 1).
 Supervision Consultants shall carry out the supervision in accordance with the contract (Clause
2).
Article 123 (Acceptance of Construction Facilities) defines acceptance as follows.
 There are two kinds of acceptance of construction works and facilities, which are (1) building
tasks and step-changing stages when necessary during construction implementation and (2)
completion (Clause1).
 POs are responsible for organizing the acceptance of construction works and facilities (Clause
2-2
3).
 The facilities of national importance, large scale and complicated techniques, with great impact
on public safety and environment, financed with public fund shall be subject to the inspection
of acceptance during the construction process and at the completion by National Acceptance
Council and facilities other than the above shall be by the specialized agencies (Clause 4).
 State authority shall stipulate in details the quality management and acceptance as well as the
handling of incidents (Clause 5).
Article 124 (Handover of Facilities) defines the handover process as follows.
 POs are responsible for taking over the construction works and facilities (Clause 2).
 In case POs and facility managers are different, POs are responsible for handing over the
construction works and facilities to the facility owner / manager (Clause 2).
 When handing over, the contractors shall hand over as-built drawings, operation instruction
procedures and maintenance procedures, and lists of spare equipment and materials (Clause 3).
Generally operation instruction procedures and maintenance procedures of mechanical and
electrical facilities and equipment are provided by the M & E contractors. Those for general
infrastructure, such as road and highway may be compiled by the designers or POs / facility
owners.
[Section 4 Insurance and Maintenance of Construction Facilities (Article 125 to 130)]
Article 126 (Maintenance of Construction Facilities) stipulates maintenance of construction
facilities as follows.
 Maintenance procedure shall be prepared and approved by PO before putting them into use
(Clause 1).
 Facility owner or managers are responsible for performing the maintenance on facilities in
accordance with the approved maintenance procedure (Clause 2 and 3)
[Section 5 Construction of Special Construction Works (Article 128 to 131)]
Article 128 (Special Construction Works) stipulates three kinds of special construction works as
follows.
 Works of national secrets (details in Article 129)
 Works of urgent orders for the purpose of timely response to urgent requirements (details in
Article 130)
 Temporary works to be constructed in the course of main construction works (details in Article
131)
2.2.2 Decree 46
Decree 46 on Quality Control and Maintenance of Construction Works has eight chapters,
consisting of Chapter I (General Provisions (Article 1 to 10), Chapter II Quality Control in
Construction Survey (Article 11 to 16), Chapter III Quality Control in Construction Engineering
Plan (Article 17 to 22), Chapter IV Quality Control in Construction Process (Article 23 to 36),
Chapter V Maintenance of Construction Works (Article 37 to 45), Chapter VI Incidents in
Construction Works (Article 46 to 50), Chapter VII State Management on the Quality Control of
Construction Works (Article 51 to 55) and Chapter VIII Implementation (Article 56 to 57) with
two appendixes. Some articles related to supervision and inspection are taken as important
hereinafter.
[Chapter I General Provision (Article 1 to 10)]
Article 4 (General Principles in Construction Work Quality Control) stipulates as follows.
 Any contractor involving the construction shall satisfy the requirements for capacity according
to the regulations and shall have measures for self-management of quality of the allocated
building tasks. The principal or general contractor is responsible for managing the quality of
2-3
the parts of works carried out by the subcontractors (Clause 3).

 PO is responsible for organizing the quality control of the works in accordance with the forms
of investment etc. following the rules in Decree 46 (Clause 4).
 State authority shall provide guidance, conduct inspection over the quality control and carry
out appraisal of the engineering plan, inspection over acceptance and assessment of the work
quality (Clause 5).
Article 5 (Arrangement of Responsibilities in Construction Work Quality Control of PO / PMU
and Organizations involving the Construction Works) stipulates as follows.
 PO may establish project management unit (PMU) and authorize PMU a part or whole
responsibility in construction work quality control (Clause 1).
 When hiring a project management consultant (PMC) or construction supervising consultant
(SVC), PO may authorize the consultant to take over one or some responsibilities of PO in
construction work quality control (Clause 2).
 The Ministry of Construction (MOC) shall provide detailed guidance on responsibilities for
construction work quality control of PO and other entities (Clause 3).
Similar to review comments on Article 121 of Construction Law, it is important that roles of
supervision consultant shall be clearly stipulated including demarcation between PO and the
consultant and these shall be informed to the stakeholders, the contractor in particular.
Article 8 (Classification and Grading of Construction Works) stipulates as follows.
 There are six kinds of construction works (civil, industry, transport, agriculture and rural
development, technical infrastructure, national defense and security) with five grades (special,
I, II, III, IV) and the special construction works (national secret, urgent order, temporary works
specified in Article 128 to 131 of Section 5 in Construction Law) managed by the ministries
(Clause 1 and 2).
 The details in six kinds are provided in Appendix I.
Article 10 (Construction Specialized Experiments, Construction Monitoring, Construction
Inspection and Certification of Conformity) stipulates as follows.
 Construction specialized experiments, construction monitoring, construction inspection and
certification of conformity are activities carried out by the consultants, who have registered and
recognized (Cause 1).
 MOC shall provide guidance and instructions for the activities the above (Clause 2).
[Chapter II Quality Control in Construction Survey (Article 11 to 16)]
[Chapter III Quality Control for Construction Engineering Plan (Article 17 to 22)]
There are six articles in Chapter II and Chapter III respectively, where the procedures are
identical (plan, method / specification, quality control, submission of survey reports / engineering
documents and then inspection & acceptance).
[Chapter IV Quality Control for Construction Process (Article 23 to 36)]
Chapter IV Quality Control for Construction Process which provides detailed quality control in
construction contractor works.
Article 23 (Procedures for Quality Control for Construction Process) provides detailed quality
control from purchase to completion as follows.
 Quality control for materials, products, structural components and equipment (Clause 1)
 Quality control in construction process by the contractor (Clause 2)
 Supervision, inspection and acceptance of building tasks by PO and the Designer’s supervision
in construction process (Clause 3 and 4)
 Control experiment, load test and inspection in construction process (Clause 5)
 Acceptance of PO for stages during construction implementation and completed works into use
(Clause 6 and 7)
2-4
 Inspection of the work acceptance by the state agencies (Clause 8)

 Completion dossiers and transfer of the works and the dossiers (Clause 9)
Article 24 (Quality Control for Materials, Products, Structural Components and Equipment for
Construction) provides the details as follows.
 Responsibilities of the contractors supplying materials & products and producing &
manufacturing materials, components & equipment for construction are specified (Clause 1 -
4).
Article 25 (Responsibilities of Construction Contractor for Construction Work Quality Control)
stipulates the details for the contractor to carry out as follows.
 The contractor shall make the construction work quality system, including organization
formation with division responsibility (Clause 2).
 The contractor shall submit the items below to PO for approval (Clause 3).
- Plan on tests and quality assessment and monitoring of technical parameter of the work
- Measures for quality control and check for materials, products, components and equipment
- Plan on inspection and acceptance for building tasks and stages during construction
implementation and completed works
 The contractor shall take responsibilities for quality control for purchase, manufacture and
production of materials, products, structural components and equipment and carry out the
check for the same (materials etc.) (Clause 5 and 6).
 The contractor shall carry out the construction according to the contract and engineering plan
(design) and establish the dossiers of quality control (Clause 7).
 The contractor shall control the quality of structures and equipment, and supervise the
construction carried out by the subcontractor (Clause 8).
 The contractor shall remedy the defects and problems about quality (Clause 9).
 The contractor shall carry out monitoring according to the engineering plan and test equipment
(Clause 10).
 The contractor shall record logbook and draw as built drawings (Claus 11 and 12).
 The contractor shall request PO grant acceptance for stages and completion (Clause 13).
 The contractor shall report to PO the process, quality, workload, labor safety and environment
protection according to the contract (Clause 14).
 The contractor shall return the site when the final acceptance of the works (Clause 15).
Article 26 (Construction Supervision) stipulates details as follows.
 Contents of supervision are listed below (Clause 1, refer to Clause 1 of Article 120 in
Construction Law).
- Tasks and competence of members in the quality control of PO and supervising consultant
shall be notified to relevant contractors (a)).
- Conditions for commencement shall be checked as per Article 107 of Construction Law,
which are construction site is ready to hand over to the contractor, construction permits are
obtained (if any), approved shop drawings are available, construction contracts are available,
budget is fully allocated in accordance with the construction schedule, measures of safety
assurance and environmental protection during construction are available (b) and Clause 1 of
Article 107 in Construction Law).
- Capacity and conformity of the contractor shall be examined at tender and the contract (c)).
- Construction measures of the contractor shall be examined with the engineering plan (d)).
- The documents (listed in Clause 3 of Article 25) submitted shall be examined and approved.
If necessary, those documents may be prepared by supervising consultants (dd)).
- The materials, structural components, product and equipment incorporated into the works
shall be examined and approved (e)).
- Construction progress shall be checked and environmental protection, safety measures and
labor safety shall be supervised (g) to i)).
- PO shall be requested to adjust the engineering plan, when finding problems (k)).
- The construction shall be suspended if quality is in question (l)).
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- The documents including as-built drawings shall be examined and certified (m)).
- Control experiments and quality assessment shall be organized (n), refer Article 29).
- Acceptance tests and acceptance for stages and completion shall be conducted (o)).
- Documents on completion shall be organized to set up (p)).
Though tasks of members in quality control of PO and supervising consultants shall be notified
in accordance with Clause 1 item a), the contract between PO/PMU and the contractor in case
study project does not have stipulation of the role of the supervising consultants (SVC) and
demarcation between PO/PMU and SVC.
 PO may conduct supervision themselves or hire SVC to carry out supervision for one or some
part or whole of the contents in Clause 1 (Clause 2).
 In engineering, procurement and construction (EPC) or turnkey contract, the contractors are
responsible for supervision of their works and the works undertaken by their subcontractors, and
POs are responsible for inspection of the supervision of the contractors and have power to
appoint their representatives for the supervision involvement (Clause 3).
 Staff for supervision shall have construction supervising practice certificate (Clause 4).
 Organization for supervision shall not be the construction contractor or the organization
manufacturing, producing and supplying materials (a)). Organization for supervision shall not
carry out quality assessment the works they supervise (b)). Organizations manufacturing,
producing and supplying materials shall not carry out the quality assessment on the materials
they manufacture, produce and supply (c)) (Clause 5).
Article 27 (Acceptance for Building Tasks) stipulates as follows.
 According to the construction order, the acceptance result shall be written in the acceptance
report and certified for one or multiple building tasks. Participants involved in the acceptance
are supervisor and staff in charge of construction technique in the contractor. The bases for
acceptance are the approved shop drawing documents and technical specifications, the
technical standards and regulations that are applied, the result of experiments and testing that
are conducted during the construction process.(Clause 1 & 2).
 Supervisor shall conduct acceptance process and grant acceptance within 24 hours from notice
of the contractor or reject with explanation (Clause 3).
Article 28 (Designer's Supervision by the Engineering Contractor in the Construction Process)
stipulates the details of designer supervision in Clause 2 as follows.
 Designer shall provide guidance on construction engineering documents (a)).
 Designer shall review the engineering plan during the construction process and adjust it at the
request of PO (b)).
 Designer shall suggest measures to PO when discovering construction is unconformable (c)).
 Designer shall participate in work acceptance at the request of PO and send written notice to
PO when discovering unsatisfactory works (d)).
Article 29 (Control Experiments, Quality Assessment and Experiments on Bearing Capacity of
the Structural Components during the Construction Process) stipulates the details as follows.
 Control experiment shall be conducted (a) when the contract prescribes and or technical
instructions of important national works, large-sized works with complicated technical
requirements and works that exert great impacts on public safety and environment are provided,
(b) quality of materials and construction are unconformable and (c) authority requests (Clause
1).
 Quality assessment and experiments on bearing capacity shall be conducted (a) when contract
and technical instructions prescribe, (b) work or works are likely unsatisfactory, (c) state
agency requests in Public-Private Partnerships (PPP), (d) assessment / experiment is agreed
among agencies for inspection of incident causes in case incident occurred and (e) state
acceptance council or authority requests (Clause 2).
Article 29 is crucial in term of quality assurance.
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It is regulated that control experiments and quality assessment / experiments on bearing

capacity shall be conducted by those other than PO / supervising consultant. It takes longer
time and complicated process, because several organizations involve. Therefore, it may be
re-considered.
Point c) of Clause 1 & point e) of Clause 2 shall be re-considered and one option is to leave to
PO, when PO ability is enhanced to do.
Article 30 (Acceptance for the Construction Stages during construction implementation or the
Construction Parts) stipulates the details as follows.
 PO and the contractor may negotiate at which stage acceptance and inspection during
construction implementation shall be conducted and it be conducted at package completion
(Clause 1).
 PO and the contractor shall negotiate the time of acceptance, procedure, contents of acceptance
and participants (Clause 2).
Instead of the negotiation between PO and the contractor in regard to time, procedure and
contents for stage acceptance during construction implementation, these shall be spelt out in
the tender documents, so that both parties are able to allow and recognize the stage acceptance
details before tender submission.
Article 31 (Acceptance for the Completion of Works/Work Items for Use) stipulates the details as
follows.
 PO shall conduct acceptance for completion (Clause 1).
 Conditions for granting acceptance at completion are (a) all building tasks are finished and
granted acceptance, and results of experiments and testing conform to the technical
requirements specified in design, (b) no unresolved major issues in quality are found that
threaten the operation safety of facilities,, (c) acceptance of fire safety from fire department,
certificate for environmental protection from the environmental impact assessment (EIA)
report and other approvals from competent agency are gained (Clause 2).
 PO may provide conditional acceptance to bring into operation if there are unsolved issues not
threatening the bearing capacity, life cycle and functions and shall specify those shortcomings
in the acceptance report. When the shortcomings are remedied, PO shall conduct check and
acceptance for completion (Clause 3).
 Conditions for the works into operation are (a) the works are accepted according to the
regulations and (b) competent agency specified in Clause 2 of Article 32 conducts inspection of
acceptance on the works specified Clause 1 of Article 32 (Clause 4).
 PO and the contractor shall negotiate the time of acceptance, procedure, contents of acceptance
(Clause 5, similar to Clause 2 of Article 30).
Instead of the negotiation between PO and the contractor in regard to time, procedure and
contents for final acceptance, these shall be spelt out in the tender documents, so that both
parties are able to allow and recognize the final acceptance details before tender submission.
This is same review comments to Article 30 of Decree 46.
Article 32 (Inspection of Construction Work Acceptance) stipulates the details of inspections by

competent agencies as follows.
 Competent agencies (specified in Clause 2) shall conduct inspection of acceptance on (a)
important national works, large-sized works with complicated technical requirements in the list
annually promulgated by the Prime Minister, (b) works using the state fund, (c) works that exert
great impacts on community safety prescribed in Appendix II, (d) the works that exert great
impacts on environment other than those specified in points a, b and c of this Clause and (e) the
works for the construction of electric line, electrical substation with voltage more than 35KV,
grade IV works using non-budget state funds and the investor conducts acceptance test
themselves (Clause 1).
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 Competent agencies are as follows (Clause 2).

- State council for construction acceptance established with the decision of the Prime Minister
shall conduct inspection of the works in (a) of Clause 1) (a)).
- Authorities in MOC and other ministries managing specialized construction works shall
conduct inspection of the works with special grade and grade I, and works allocated by the
Prime Minister etc. except those in the above (b)).
- Department of construction and other departments managing specialized construction works
shall conduct inspection of the works located local provinces except those in the above (c)
and d)).
- Competent agency decided by the Ministry of Defense and Public Security shall conduct
inspection of the national defense and security works (dd)).
 Inspection process of competent agencies is as follows (Clause 4).
- After commencement of works, PO shall report to the competent agencies the name and
contact of PO, and name, location, scale and schedule of works (a)).
- The competent agencies shall notify PO the inspection plan, and conduct the inspection and
make notification of the result within 7 days from the date of inspection (b)).
- PO shall submit application for inspection of acceptance to competent agencies 15 days for
special grade and grade I or 10 days for other grades before the day PO plans to conduct the
acceptance for completion and operation (c)).
- Competent agencies shall conduct the inspection of acceptance by PO and issue the written
approval of acceptance result within 15 days for special grade and grade I and 10 days for
other grades from the date of inspection (d)).
- During the inspection process, the competent agency may request the PO and the relevant
parties to explain and remedy the shortcomings (if any) and conduct the control experiment,
load testing and quality assessment of construction parts, items or the whole work in case of
finding suspicious sign of quality (dd)).
Instead of after commencement of works, inspection plan shall be spelt out in the tender
documents, so that PO and the contractor as well as competent agencies are able to allow and
recognize inspection for the stage during construction implementation and final acceptance
before tender submission.
This is same review comments to Article 30 and 31of Decree 46.
 MOC shall provide guidance on the inspection of acceptance activities (Clause 6).
Article 33 (Establishment and Retention of the Documents on Completion of Construction Work)
stipulates the details of completion documents as follows.
 The documents on completion shall be set up by PO (Clause 1).
 MOC shall provide guidance on list and retention duration of documents on completion
(Clause 4).
Article 34 (Handover of Construction Works/Work Items) stipulates that the details of handover
shall comply with Article 124 (Handover of Facilities) of Construction law.
 Hanover of construction works shall be only conducted when they have gained the acceptance
for completion of works for putting into operation as per legal regulations (Clause 2).
Article 35 (Requirements for Warranty for Construction Works) stipulates as follows.
 Duration of warranty shall be calculated from the day on which the acceptance is issued as per
Clause 1 and 3 of Article 31. Duration for special grade and grade I is not less than 24 months
and for other grades is not less than 12 months (Clause 2).
 Duration of warranty for construction equipment and technological equipment shall be
determined according to the construction contract that is not shorter than the warranty duration
regulated by the manufacturer and is calculated from the day on which the acceptance for
completion of equipment installation is issued (Clause 3).
 Duration for the works having shortcomings and remedied may be extended (Clause 5).
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 Minimum warranty deposit is 3 % of contract value for special grade and grade I and 5 % of
the same for other grades (Clause 7).
Article 36 (Warranty for Construction Works) stipulates the details as follows.
 The construction contractor or supplying contractor may refuse to carry out warranty if
damages are not due to the fault of the contractor or due to force majeure (Clause 3).
This practice (refusal of damage repair) shall be re-considered, particularly for public works
as damages in public works like roads shall impose serious risks to public.
Judgement of causes on damages is often difficult because causes may be due to design fault,
construction quality or miss-use (overload etc.) and suggests that judgement and dispute
settlement system concerning the defects is established, like a committee for judgement
organized by competent individuals.
[Chapter V Maintenance of Construction Works (Article 37 to 45)]

Article 38 (Construction Maintenance Process) stipulates the details of the maintenance process
as follows.
 Technological parameter (a)), regulations on the subjects, methods and frequency of instruction
(b)), regulations on the contents of maintenance and instructions on maintenance (c)),
regulations on time of maintenance and guidance on periodical replacement of equipment (d)),
instructions on the methods of repair (dd)), regulations on useful life (e)), regulations on the
contents and time of periodic (safety) assessment (g)), regulations on the time, subjects and
contents of periodic inspection (h)), regulations on the monitoring time, methods and
frequency (i)) and other instructions (k)) shall be listed as maintenance procedures (Clause 1).
 Responsibilities for establishment and approval for maintenance process are provided (Clause
2).
- The engineering contractor (designer) shall establish and transfer maintenance process to PO
before acceptance test (a)).
- The equipment supplying contractor shall establish and transfer maintenance process to PO
before installation (b)).
- If the above (a) & b)) are not done, PO shall hire other consultancy unit to do the same (c)).
- PO shall organize establishment and approval of the maintenance process in accordance with
use purposes and types and grade of construction works before putting them and their items
into operation or use. When necessary, PO and the owner, manager and user of facilities may
hire consultancy unit for verification on a part or the whole construction maintenance
process established by the engineering contractor as the basis for the approval (d)).
- In case of no maintenance process, the owner, manager and user of facilities shall organize
establishment and approval of the maintenance process and the remaining useful life of the
work shall be defined in the maintenance process (dd)).
 The maintenance process may be adjusted during the operation stage in case of any
irrationality that may affect the quality of the work and the operation of work. This adjustment
shall be carried out by the unit who made the existing maintenance process or by another unit.
PO shall be responsible for approval for the modified contents in the process and the unit
carrying out the adjustment shall be responsible for the quality of their works (Clause 5).
PO shall be responsible to prepare or compile comprehensive maintenance procedure for
construction facilities before they are in use.
Article 39 (Construction Maintenance Plans) stipulates the details of the maintenance plans as
follows.
 The facility owner / manager shall draw up annual construction maintenance plan, based on the
maintenance process and the current conditions, which includes duration, method and cost
(Clause 1 & 2).
Article 40 (Maintenance of Construction Works) stipulates the details of the maintenance works
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as follows.
 The facility owner / manager may conduct or hire an eligible organization to carry out the
inspection and maintenance of the work according to the approved construction maintenance
procedures (Clause 1).
 The facility owner / manager shall be responsible for inspecting the construction work
regularly or irregularly to promptly discover the signs of deterioration or breakdowns of the
work (Clause 2)
 The construction maintenance shall comply with the approved annual maintenance plans and
construction maintenance procedures (Clause 3).
 Periodic repair of construction work shall be conducted periodically according to the
regulations on maintenance process. The irregular repair of construction work shall be
conducted when a work/construction part is broken down due to irregular impacts like wind,
storm, flood, earthquake, shock, fire and other irregular impact or when a work/construction
part has sign of deterioration that affect the safety in operation of the work (Clause 4).
 Quality assessment during maintenance shall be conducted, if construction maintenance
process requires assessment (a)) or sign of danger is observed (b)) or there is request for
assessment of current quality of the works to establish the maintenance process for the works
that are operated without maintenance process (c)) or useful life of the works is to extend (d))
or state agencies request (dd)) (Clause 5).
 Construction monitoring during maintenance shall be conducted, if works are important
national works or cause danger (a)) or subsidence, lean etc. are observed (b)) or the facility
owner / manager request (c)), the list of which shall be stipulated by MOC and related
ministries (Clause 6).
Article 41 (Quality Control for the Maintenance Task of the Construction Works) stipulates the
details of quality control as follows.
 The facility owner / manager shall conduct regular and irregular inspection during maintenance
(Clause 1).
 The maintenance of construction work shall be recorded and filed (Clause 2).
 The repair works shall be supervised, passed on acceptance testing, recorded and filed for
management. The repair of work shall be under warranty for at least 6 months, applicable to
grade II or lower work, and at least 12 months, applicable to grade I or higher work (Clause 3
& 4).
 The facility owner / manager shall organize the monitoring and acceptance tests for repair
(Clause 6).
Article 43 (Assessment of Force-bearing Safety and Operation Safety) stipulate the details of
assessment of force-bearing safety and operation safety as follows.
 Periodic assessment of force-bearing safety and operation safety shall be conducted on three
kinds of works (important national works, large-scale works with complicated technical
requirements, works exerting great impact on community safety) (Clause 1 & 2).
 The facility owner / manager shall conduct periodic assessment of force-bearing safety and
operation safety and send the result to competent agencies for supervision and inspection,
which are MOC or the ministries for special grade and grade I works, department of
construction or related department of Provincial People Committee (PPC) or Ministry of
National Defense or National Security (Clause 3 & 4).
Article 44 (Tasks to be completed when a Work is potentially Dangerous or Unsafe to Operate)
stipulates the details when a work is dangerous or unsafe as follows.
 Either facility owner / manager or local government shall conduct inspection of the works
(Clause 1 & 2).
Article 45 (Tasks to be Completed after Expiration of Useful Life of Works) stipulates the details
for expired works as follows.
 For the works not exerting impact to the safety of community, the facility owner shall decide
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themselves the continuity of operating the work after completing inspection and assessments,
and consolidation, renovation and repair for the construction damage (if any).
 For the works exerting impact to the safety of community, the continuity of operating the work
(after completing consolidation, renovation, repair and assessments) shall be allowed only when
they obtain the approval from state authorities as per the decentralization (Clause 1).
 State authorities for consideration and approval for extension of useful life as per the
decentralization are MOC or related ministries for special grade works, PPC for grade I and II
works and District of People Committee (DPC) for others, Ministry of National Defense and
Public security (Clause 2).
Maintenance process or plan as well as maintenance task depends on the kind of facility.
Therefore it is difficult to standardize the process, plan and task applying every facility.
[Chapter VI Incidents in Construction Works (Article 46 to 50)]

Article 46 (Grading of Incidents in the Construction and Operation of Works) stipulates
classification of incidents in three levels as follows.
 Level I incident results death of 6 people or more (a)) or works being damaged or having
potential damages equal to and more than level I (b)).
 Level II incidents results death of 1 to 5 people (a)) or works being damaged or having
potential damages equal to level II or III (b)).
 Level III incident is those other than level I and II
Article 47 (Reports on Incidents in Construction Works) stipulates report system of incidents to
higher organization, depending on level of incident.
Article 48 (Handling of Incidents in Construction Works) stipulates handling system of incidents.
Article 49 (Inspection of Construction Work Incident Causes) stipulates the details of inspection
of incidents as follows.
 (a) MOC and ministries managing specialized construction works are responsible for chairing
the inspection of causes on level I incident, (b) PPCs are responsible for the inspection of
causes on Level II and III in local area and PPCs may request the ministries to organize the
inspection alone or together and (c) the Ministry of National Defense and Public Security are
responsible for the inspection of incidents of defense and security works (Clause 1).
 The competent agency for incident inspection may appoint an inspection organization for
quality assessment to inspect and find remedial measures (Clause 2).
Responsibility of PO to incidents shall be stipulated, in addition.
[Chapter VII State Management on the Quality of Construction Work (Article 51 to 55)]
Article 51 (Responsibility of Regulatory Bodies for Construction Quality Control) stipulates the
details of state management as follows.
 MOC shall unify the state management on quality of national scale works and manage the
quality of specialized construction works, including civil works, building material industry
works, light industry works, technical infrastructure works, urban transport works (excluding
railway, river and highway) (Clause 1).
 (a) Ministry of Transport (MOT) is responsible for quality of transport works except those
under MOC, (b) Ministry of Agriculture and Rural Development (MOARD) is responsible for
quality of agriculture and rural development works and (c) Ministry of Industry and Trade
(MOIT) is responsible for quality of industrial works except those under MOC (Clause 2).
 The Ministry of National Defense and Public Security are responsible for quality of defense
and security works (Clause 3).
 PPCs shall conduct state management on quality on local area works and Department of
Construction, Transport, Agriculture and Rural Development, and Industry and Trade shall
assist PPCs in managing construction quality of the works (Clause 4).
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Article 52 (the State Management on the Quality of Construction Works of the Ministry of
Construction) stipulates the detailed roles of MOC as follows.
 MOC shall issue and provide guidance on the implementation of legislative documents on
quality control (Clause 1)
 MOC shall conduct periodic and irregular inspections over the quality control done by the
ministries and regulatory bodies and conduct quality inspection of any construction works when
necessary (Clause 2)
 MOC shall request the ministries and PPCs to conduct inspections on quality control (Clause
3).
 MOC shall provide guidance of information of capacity of organizations nationwide and post
the information in MOC website (Clause 4).
 MOC shall conduct assessment of engineering plan (Clause 5)
 MOC shall conduct inspection on the acceptance for specialized construction works under
MOC and cooperate with other ministries for inspection of their specialized construction works
(Clause 6)
 MOC shall provide guidance on costs for establishment, inspection and adjustment of
maintenance procedure (Clause 7).
 MOC shall conduct inspections over maintenance and assessment of force bearing and
operation safety (Clause 8).
 MOC shall consider and give decision on continuity to operate the works with expired design
life for the works under his management (Clause 9).
 MOC shall chair and cooperate with ministries and local government in conducting inspections
of compliance with legislation on maintenance (Clause 10).
 MOC shall organize quality audit on request or when discovering quality unconformable
(Clause 11).
 MOC shall preside over inspections of work incidents causes (Clause 12).
 MOC shall take responsibility for award for quality of works (Clause 13, refer Article 9).
 MOC shall report to PM the situation of quality control of works nationwide (Clause 14).
 MOC shall handle the violations against the regulations on quality control (Clause 15).
Article 53 (Responsibility of Other Ministries and Regulatory Bodies for Construction Quality
Control) stipulates the details as follows.
 Responsibilities of ministries managing specialized construction works on quality control are
similar to Clause 1, 2, 5-13 of Article 52 and report of plan and result on quality control under
the management of ministries to MOC (Clause 1).
 Responsibilities of the Ministry of National Defense and Public security managing works on
quality control are similar to Clause 1, 2, 5-12 of Article 52 (Clause 2).
Article 54 (Responsibilities of People’s Committees of Provinces for Construction Quality
Control) stipulates the details as follows.
 PPCs shall assign and delegate the responsibilities of state management on quality control to
the department managing the specialized construction works and the district peoples committee.
PPCs may authorize the management board to perform state management of quality control
(Clause 1).
 Responsibilities of PPCs managing specialized construction works on quality control are
similar to Clause 1, 2, 7, 8, 11-13 of Article 52 and report to MOC on quality control under
PPCs (Clause 2 - 9).
Article 55 (Responsibilities of Specialized Agencies Assisting People’s Committees of Provinces
in Construction Work Quality Control) stipulates the details of responsibilities similar to Article
52 to 54.
2.2.3 Circular 26
Circular 26 guiding Some Contents on Quality Management and Maintenance of Construction
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Projects consists of twenty six articles with eight appendixes.

Article 2 (Project Owners’ Responsibility on Quality Management of Construction Project)
specifies PO responsibility in selections of entities (Clause 1), use of languages for documents
(Clause 2), survey (Clause 3), design (Clause 4), construction (Clause 5), warranty period (Clause
6), maintenance (Clause 7), handover for use (Clause 8) and documents archive (Clause 9).
Details for Clause 1 to 9 are as follows.
 PO shall be responsible for ensuring that all entities involved in the construction activities are
capable enough as per regulations (Clause 1).
 Languages for documents and dossiers used shall be agreed and Vietnamese and foreign
language are used in case foreigners are involved (Clause 2).
Languages for works shall be determined at the tender instead of agreement after tender.
In addition, ruling language shall be decided if two or more languages are used, otherwise
interpretation on words may be in arguments.
 For survey quality management, PO shall be responsible for approving construction survey
plan, approving construction surveying method statements, approving survey work report, and
supervising the implementation of construction survey. PO may hire qualified entities for
supervision of construction survey, verification of construction surveying method statements
and verification of survey work report (Clause 3).
 For design quality management, PO shall determine construction design plan, inspect the
implementation of assigned duties by design contractors according to the contract, submit
design documents to competent state authorities for assessment, and submit design document
to the decision maker (DM9 for approval (if any). For adjustment of approved designs, PO
shall conduct adjustment of designs, following the contents in Article 84 of Construction Law
(Clause 4).
 In construction, supervision (Article 26 of Decree 46), quality test and check of force bearing
capacity (Article 29 of Decree 46), leading to handle difficulties & problems and conduct of
remedies to incidents, acceptance of works in stages during construction implementation and
completion (Clause 5), supervision in warranty period (Clause 6, Article 35 & 36 of Decree 46),
preparation and approval of maintenance procedure manual (Clause 7, Article 15, Article 38 of
Decree 46 & Article 126 of Construction Law), handover of facility to facility owner (Clause 8,
Article 34 of Decree 46) and archive of facility document (Clause 9, Article 12) are
responsibilities of POs.
Article 3 (Demarcation of Responsibility on Quality Management between Project Owner and
EPC Contractor) and 4 (Demarcation of responsibility on quality management in case of
public-private partnership) stipulates PO responsibilities in case EPC contract and in case PPP
contract respectively.
Article 6 (Mechanism and Responsibility on Construction Supervision) stipulates the details of
report on construction supervision for acceptance of completions as follows (Clause 4).
 Evaluation of contractor capability to bid and contract (a))
 Evaluation of quantity, schedule, construction management and safety management (b))
 Evaluation of materials and equipment (c))
 Evaluation on organization and result of checks, tests, monitoring etc. (d))
 Evaluation on acceptance to construction works in phases during construction implementation
and completion (dd))
 Design changes and appraisal & approval of changed design (e))
 Problems, quality defects incidents and reasons, countermeasures and results of remedy (g))
Reasons, method of remedy and countermeasures on quality defect and prevention of
recurrence shall be compiled in details and reported, so that other stakeholders are able to
learn from those defects.
 Evaluation on quality management documents, operation and maintenance manuals (h))
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 Evaluation of compliance on environment, fire prevention and fighting etc. (i))

 Conclusion on conditions for completion acceptance (k))
Article 7 (Contents of Construction Supervision) stipulates similar to Clause 1 of Article 26 in
Decree 46.
Article 8 (Acceptance of Construction Works) stipulates the details of the stage acceptance
minutes during construction implementation (Clause 1) and participants signing on the minutes
(Clause 2 to 4). Subcontractors of main contractor in usual contract (Item c) of Clause 2) and
EPC contractor in EPC contract (Item b) of Clause 3) are designated to sign the minutes.
Subcontractor often signs the minutes under the main contract. As subcontractor is responsible
to main contractor only so that this practice shall be re-considered.
Article 9 (Acceptance of Project Items, Whole Project to Put into Use) stipulates the details of the
acceptance minutes for completion (Clause 1) and participants signing on the minutes (Clause 2),
in which subcontractors are not in the list of participants for signing.
Article 10 (Construction Diary) stipulates the details of construction diaries as follows.
 Diaries shall be prepared by subcontractors on activities subcontractors carried out (Clause 1).
While subcontractors cooperate to preparation of papers to be submitted to PO/PMU under
the main contract, it is recognized that subcontractors are only responsible to main or EPC
contractor.
This is same consideration in the review comment for Article 8 of Circular 26.
 Diary shall include description of incidents, defects, occupational accidents, injuries, other
arising issues and remedial measures during the construction (b) of Clause 3).
Reasons, method of remedy and countermeasures on incidents, quality defects, accidents etc. and
prevention of recurrence shall be compiled in details and reported, so that other stakeholders are
able to learn from those reports.
This is same consideration in the review comment for Article 6 of Circular 26.
Article 11 (As-built Drawings) stipulates the detail of the as-built drawing as follows.
 As-built drawings for hidden parts shall be measured and prepared before moving next step
(Clause 1).
 Appendix II provides more explanation and forms to use. Form 2 shows signature box for site
manager of subcontractor.
Subcontractor often signs the documents under the main contract. As subcontractor is
responsible to main contractor only so that this practice shall be re-considered.
This is same consideration in the review comment for Article 8 and 10 of Circular 26.
Article 12 (Requirements on Archiving Completion Dossiers and Dossiers for Facility Operation
and Maintenance) stipulates as follows.
 Appendix III provides List of Completion Documents in I Documents related to Investment
Preparation and Contracts (10 items), II Documents on Survey and Design (5 items) and III
Documents on Construction Quality Management (15 items) (Clause 1).
 Documents of Category A projects shall be archived for at least 10 years from operation date
and documents of Category B & C projects be archived for at least 7 years and 5 years from
operation date (Clause 2).
 Appendix IV provides List of Documents for Facility Management, Operation and
Maintenance (10 items, partly similar items in III Documents on Construction Quality
Management in Appendix III), which shall be prepared by PO and handed over to facility
owner, manager and user (Clause 3) as well as the Archive Center (Clause 5).
Article 13 (Inspection on Acceptance Procedures) stipulates the details as follows, which are
similar to those in Article 32 of Decree 46.
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 Inspection during Construction Implementation (Clause 1)

a) PO shall report to state authority within 15 days after commencement of works in
accordance with Form 01 in Appendix V.
b) Inspection shall be maximum 3 times for works of special grade and grade I and maximum
2 times for works of other grades except the works having shortcomings and the case
stipulated in Clause 3 of Article 31 of Decree 46.
c) State authority shall inform inspection results to PO when inspection completes.
Instead of after commencement of works, inspection plan shall be spelt out in the tender
documents, so that PO and the contractor as well as state authorities are able to allow and
recognize inspection for the stage and final acceptance before the contract.
This is same consideration in the review comments in Article 30 to 32 of Decree 46.
 Inspection at Completion (Clause 2)
a) PO shall send documents to state authority requesting inspection of acceptance in
accordance with Form 02 in Appendix V following the timing (15 days for special grade
and grade I or 10 days for other grades, before the day PO plans to conduct acceptance)
stated in c) of Clause 4 of Article 32 in Decree 46.
b) State authority shall conduct inspection in accordance with Clause 3 of Article 32 in Decree
46.
c) PO shall carry out necessary actions for inspection.
d) Based on acceptance minutes, state authority shall issue documents in accordance with
Form 03 in Appendix V.
 Projects inspected by National Acceptance Council do not need to be inspected by state
authority (Clause 4).
Article 14 (Expense for Inspections over Acceptance Procedures) stipulates the details of expense
together with payment as follows.
 Expenses are those for inspection by state authority and hiring experts (Clause 1).
 Expenses shall be classified in the other expenses and included in total investment cost (Clause
2).
 PO shall bear the expenses (Clause 3).
Cost estimation for inspection is rather difficult unless activities are specified clearly. Then,
inspection procedure shall be recommended to standardize.
Article 15 (Maintenance responsibility) stipulates that organization for maintenance during

operation of works shall be determined and carry out maintenance.
Article 16 (Monitoring of Facilities, Facility Items during Operation and Use) stipulates the
details of monitoring as follows.
 Facilities shall be monitored as listed in Appendix VI in accordance with monitoring
procedures (points, limit of parameter, timing, frequency and necessary data to specify)
(Clause 2).
 If monitored data exceeds the limit, facility owner or selected party for maintenance shall
conduct evaluation and take remedial measures (Clause 3).
Article 17 (Evaluation of Force Bearing Safety and Operation Safety during Operation and Use)
stipulates the details as follows.
 Projects listed in Appendix VII under MOC jurisdiction shall be required to have evaluation of
force bearing safety and operation safety during operation and use. Other ministries managing
specialized construction works, including Ministry of National Defense and Public Security
shall carry out the similar evaluation on the projects under their jurisdictions (Clause 1).
 Scope and frequency of the evaluation shall be specified in technical code or maintenance
procedure manuals (Clause 2).
Article 18 (Construction Assessment) stipulates the details as follows.
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 Assessments in this article are defined as a) quality assessment, identification of defect causes,
identification of working life of facility items, facilities and assessment for determining causes
of incidents and b) quality assessments for construction materials and goods (Clause 1).
 Assessment entities shall be qualified and independent from PO, surveyors, designers,
contractors, project management or supervision consultants (Clause 2).
Article 20 (Construction Audit) stipulates the details as follows.
 Audits in this article are defined as a) audit on compliance to construction regulations, b) audit
on survey and design quality, c) quality audit (causes of defects, working life of facility items,
facility and causes of incidents) and d) audit on quality of construction materials and goods
(Clause 1).
 State management authorities shall lead audit (Clause 2).
 Audit agency shall notify PO & facility owner contents of audit (a)), PO and facility owner
shall collect and provide documents and data at the request of the audit agency (b)), the audit
agency shall do audit (c)) and issue conclusion to relevant stakeholders (d)) (Clause 3).
Article 22 (Guidance on Dispute Settlement on Construction Quality) stipulates procedure as
follows.
 Sequence of dispute settlement is defined a) amicable negotiation, b) hiring qualified entities to
assess the quality in questions or requesting state authorities to give instructions on dispute and
c) bringing to court (Clause 2).
Procedure of dispute settlement is stipulated in Construction Law, Decree 37 and Circular
9/2016/TT-BXD. It is easier for all stakeholders that the procedure is consistent in whole
construction works.
Article 24 (Reporting on Status of Construction Quality, Construction Management) stipulates the

details of reporting as follows.
 MOC shall make report on nationwide construction quality situation and quality management
to the Prime Minister (Clause 1).
 Ministries managing specialized construction works, the Ministry of National Defense and
Ministry of Public Security shall compile and submit to MOC reports on FS, design and cost
estimate appraisal and approval of construction projects within their jurisdictions using Form 01
in Appendix II of Circular No.18/2016/TT-BXD and reports on inspection of acceptance
procedures and incident using Form 01 in Appendix VIII (Clause 2).
 PPCs shall do the same in the above using Form 02 in Appendix II of Circular
No.18/2016/TT-BXD and Form 02 in Appendix VIII (Clause 3).
Article 25 (Handling with Entities, Individuals committing Violations on Construction Quality)
stipulates the details as follows.
 State authority shall request involved entities and/or individuals to remedy, when violation is
detected (Clause 1 a)).
 State authority shall submit violation record to the construction inspectorate to deal with the
violation in accordance with the regulations when necessary (Clause 1 b)).
 State authority shall publish the name and violation of entities and/or individuals on the
website (Clause 1 c)).
 State authority shall stop the works when finding dangers of unsafety and/or incidents for the
works until everything becomes in order (Clause 1 d) and Clause 2).
2.3 Flow of Supervision and Inspection in Viet Nam

Flow of supervision and inspection with the roles of the stakeholders (state authority, PO/PMU,
PMC/SVC, designer, contractor, facility owner etc.) are shown below in each stage of
construction works.
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Flow of Supervision and Inspection in Construction Works in Viet Nam (1)
Regulation Articles Stakeholders
Activity Construction Decree Circular State PMC / Facility
PO / PMU Designer Contractor Others
Law 46 26 Authority SVC Owners
Survey Stage
organize, prepare & eligible party
1 Plan for construction survey is prepared. 12 2 select party - submit if - - prepare &
& approve required submit
select surveyor
Method Statements for construction survey is
2 13 2 surveyor & - - - - prepare &
prepared.
approve submit
supervise & surveyor
3 Survey works are implemented. 14 2 - - - -
inspect carry out
surveyor
Report for survey works is prepared and
4 15 receive - - - - prepare &
submitted.
submit
examine, eligible party
Report for survey works is accepted &
5 16 2 accept & - - - - verify, if
approved..
approve required
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Design Stage
prepare or eligible party
1 Plan for construction design is prepared. 18 2 select - - - - prepare &
eligible party submit
others prepare

prepare &
2 Technical specification is prepared. 19 - - - - & submit, if
submit
required
Quality management for design works is carry out,
3 implemented and engineering documents are 20 receive - prepare & - - -
prepared and submitted. submit
Engineering documents are prepared and appraise & approve or prepare & eligible party
4 82 21/22/52 2 - - -
submitted for approval. approve submit to SA submit verify
Activity Construction Circular State PMC / Facility
Decree 46 PO / PMU Designer Contractor Others
Law 26 Authority SVC Owners
Construction Stage
SVC is nominated and contracted, select party
1 120/121/122 26 contract - be informed
SVC roles are informed to stakeholders. & decide
be
2 Contractor is selected and contracted. 26 6 select - contract
informed
discuss and
3 Languages for documents are decided. 2 discuss and agree - - -
agree
Report of project is delivered for stage & final
4 32 13 receive deliver - - - - -
inspection of work acceptance.
Supervision includes quality, quantity, supervise or monitor
5 120/121/122 26 2/6/7 - - - -
progress, safety and environmental protection. PMC/SVC supervision
Construction work quality system is compiled prepare &
6 25 receive - - -
and submitted. submit
Plan on quality control is compiled and prepare &
7 25/26 examine & approve - - -
submitted. submit
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8 Quality control is implemented. 112/113 5/10/25/26 2/6/7 supervise & manage - manage - -
Progress, safety and environmental protection
9 26 7 supervise & manage - manage - -
are managed & supervised.
Defects are found and remedied, causes for finding of defects, inspect carry out

10 25/26 6 - - -
defects are analyzed. of remedy remedy
11 Design is adjusted as required 84 26 6 request of design adjust design adjust - - -
report to
Incidents / accidents during construction are chair & report to state authority eligible party
12 119 47-49 6/23 - PO/PMU & -
dealt with properly. inspect & remedy involve
remedy
Quality assessment and experiment on bearing organize if eligible party
13 26/29 2/18 request organize - cooperate -
capacity are required and implemented. assigned involve
Log books and as-built drawings are prepared prepare &
14 113 25 6/10/11/12 receive & examine - - -
and submitted. submit
Acceptance in stages is given, after remedy if 112/113/ 2/6/8/13/ accept, after remedy if
15 25- 0 - cooperate, - -
instructed. 114/122/123 18 required
carry out
inspect &
request usual test if
inspected, organize participate eligible party
Inspection on acceptance during construction 112/113/ 2/6/8/13/ assess/ any &
16 32 experiment assess/experiment & - involve, if
implementation is implemented. 114/122/123 18 remedy if
if remedy if required required
required
necessary
Activity Construction Decree Circular State PMC / Facility
PO / PMU Designer Contractor Others
Law 46 26 Authority SVC Owners
Construction Stage
Acceptance in completion is give, after remedy 112/113/ 2/6/9/12/ accept after remedy if
17 25-29, 31 - cooperate, - -
if instructed. 114/122/123 13/18 required
carry out
inspect &
request usual test eligible
inspected organize participate
Inspection on acceptance in completion is 112/113/ 2/6/9/12/ assess/ if any & party
18 32 experiment assess/experiment & -
implemented. 114/122/123 13/18 remedy if involve, if
if remedy if required
required required
necessary
Handover of facility & documents is carried put, 23/25/33/ hand over,
19 124 2 - take over & hand over - take over -
site is returned. 34 site return
provide take over selected
documents provide documents
provide documents & party
20 Maintenance process documents are prepared. 126 38 for documents or select
hand over construction party for prepare
for facility
works preparation and/or verify
instruct if
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defects, request PO
21 Warranty is performed after completion. 113 35/36 2
inspect &
- remedy -
if defects
accept
Maintenance Stage

prepare & eligible
Operation and maintenance plan is prepared and party
1 126 39/40 15/16 - - - carry out or involve, if
implemented in accordance with plan.
select party required
conduct organize & eligible
2 Assessment of force bearing safety is conducted. 43 17/18 - - - party
inspection select party involve
Incidents / accidents during operation are dealt chair & report to eligible
3 119 47 - 49 23 - - - - party
with properly. inspect authority involve
Overall
selected
Dispute settlement is conducted in construction instruct at
1 22 settle settle - settle settle party
and maintenance stage. request
involve
cooperate & settle & related party
2 Violations against regulations are handled. 52 25 handle imposed imposed imposed
imposed imposed imposed
collect,
3 Report on status is submitted. 52 - 55 24 prepare & - - - - - -
submit
2.4 Features of Supervision and Inspection in Viet Nam

Features in supervision and inspection in Viet Nam are compiled hereinafter.
a) State Authorities (SAs) and the Ministry of Construction (MOC) involve in many activities in
design, construction and maintenance stage.
 SAs shall inspect acceptance process during construction implementation and completion
(Article 32 of Decree 46).
 SAs shall request quality assessment and experiments on bearing capacity and project owners
(POs) organize it during construction stage. SAs shall be entitled to nominate a consulting
organization to carry out the quality assessment and experiment. SAs shall review and approve
the quality assessment plan. Result of assessment and experiment shall be submitted to SAs
(Article 26 and 29 of Decree 46, Article 2 and 18 of Circular 26).
 SAs shall chair committee and inspect site when incidents and/or accidents occur during
construction as well as operation and maintenance stage (Article 119 of Construction Law,
Article 47 to 49 of Decree 46).
 SAs shall conduct inspection of assessment on force bearing safety during operation and
maintenance stage (Article 43 of Decree 46, Article 17 and 18 of Circular 26).
 SAs shall provide instruction to settle disputes from conflicting parties at request (Article 22 of
Circular 26).
 SAs shall make report on status of construction quality situation and quality management to
MOC. Then MOC shall report to the Prime Minister once in a year after collecting data from
the ministries and PPCs (Article 24 of Circular 26).
 MOC in particular shall have other duties (Article 52 of Decree 46).
b) Procedure for inspection on acceptance process is decided after works commence.
 POs shall report project brief to SAs after commencement of the project and number of stage
inspection and final inspection shall be decided between SAs and POs (Article 32 of Decree 46,
Article 13 of Circular 26).
 POs and the contractors shall negotiate the time of acceptance, procedure and contents for
stage and final acceptance (Article 30 and 31 of Decree 46, Article 13 of Circular 26).
 Expenses for inspections over acceptance procedure by POs shall be calculated as other
expenses in total investment cost (Article 14 of Circular 26).
c) Demarcation between POs / Project Management Units (PMUs) and Supervision Consultant
(SVCs) is not clear and not informed to the contractors.
 Regulation specifies that right and obligation of SVCs shall be spelt out and informed to
relevant stakeholders (Article 120 - 122 of Construction Law, Article 26 of Decree 46) and
SVCs shall be responsible to POs (Article 5 of Decree 46).
 In practice, the contract between POs and the contractors is merely the copy of model contract
enclosed in Circular 9 / 2011 & 2016 / TT-BXD through case study projects under state budget.
d) Quality defects and incidents during construction and maintenance stage are not sufficiently
addressed.
 Supervision report shall include quality defects and incident during construction and reasons,
countermeasures and remedy results (Clause 4 g) of Article 6 of Circular 26).
 Construction diary prepared by the contractors shall include details of incidents, defects etc.
and remedy measures during construction (Clause 3 b) of Article 10 of Circular 26).
 Entities responsible for maintenance shall organize assessment on force-bearing safety and
operational safety and take remedial measures, when monitored data exceed the limits (Clause
3 of Article 16 of Circular 26).
 In practice, quality defects were repaired but no detailed reports were compiled through case
study projects under state budget.
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e) Damages on facilities are not repaired in certain cases during warranty period.
 The contractors may refuse to carry out warranty if the damages are not due to the fault of the
contractor or due to force majeure (Article 36 of Decree 46).
f) It is unclear which party prepares construction maintenance procedure for facility owners.
 Engineering contractor (designer) shall establish the maintenance procedure for the
construction works (Clause 2 a) of Article 38 of Decree 46).
 Supplying contractor supplying and installing equipment into the works shall establish the
maintenance procedure of equipment (Clause 2 b) of Article 38 of Decree 46).
 POs shall hire other consultants to establish maintenance procedure, when the above are not
carried out (Clause 2 c) and d) of Article 38 of Decree 46).
g) Language for project is not specified at tender.
 In case of involvement of foreigners, which languages shall be used is subject to negotiation
and agreement between POs and stakeholders (Article 2 of Circular 26).
 There is no stipulation about ruling languages in case two or more languages are used, which
may cause unnecessary arguments.
h) Stipulations on dispute settlement are not consistent.
 Dispute settlement on the quality of construction works is stipulated (Article 22 of Circular
26).
 Dispute settlement in construction works is also stipulated in Construction Law and Decree 37
/ 2015 / ND-CP as well.
i) Subcontractors are involved and appeared in official documents.
 Subcontractors are required to participate in stage acceptance during construction
implementation and sign on acceptance minutes (Article 8 of Circular 26).
 It is stipulated that diary shall be prepared by the contractors and written by subcontractors on
the activities carried out by the subcontractors (Article 10 and 11 of Circular 26).
 Form for as-built drawings provides sign box for subcontractor site manager (Appendix II of
Circular 26).
 If subcontractors take certain responsibilities under the main contract by signing on the
acceptance minutes and / or as-built drawings, the main contractor tends to pass whole
responsibilities particularly on quality management to the subcontractors. Then the main
contractor becomes less conscious of quality management.
 In practice in Japan and some other developed countries, subcontractors do not appear in the
meetings and documents under the contract between POs and the contractors.
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Chapter 3 Oversea Practice of Supervision and Inspection
3.1 Introduction
In order to advance quality management of supervision and inspection in construction works in
Viet Nam to international level, supervision and inspection, including quality management being
implemented in public works in Japan, Singapore and other developed countries (United
Kingdom and United States of America) are explained in Section 3.2 to 3.4 respectively. Then
features in supervision and inspection in Japan, Singapore and others are summarized in Section
3.5.
In this Chapter, supervision means activities of the employer during construction and inspection
means activities of the employer at partial completion during construction implementation and
final completion.
3.2 Practice of Supervision and Inspection in Japan

3.2.1 Contract Formation
Contract parties in public works (invested by state funds) in Japan are the employer and the
contractor. Supervision consultant usually carries out the duties on behalf of the employer for
quality check during construction works.
Contract formation is shown below together with that in Viet Nam for comparison.
Project Owner / PMU Project Owner / PMU

SVC
appoint/contract
contract supervise / contract
supervise /
contract management
contract management PMC / SVC
Contractor Contractor
Contract formation in Japan Contract formation in Viet Nam
3.2.2 Supervision
(1) Standard of Supervision
Supervision includes many aspects during construction works, not only quality matters but also
progress control, safety and environmental matter and initiation of design change if required and
so on. This concept is similar to that in Viet Nam.
1) Definition
i) “Supervision” is to ensure the contractor’s appropriate performance required under the contract
by confirmation and grasp of construction execution status in order to fulfil the employer’s
responsibilities properly under the contract.
ii) Supervision includes the following actions (Instruction, Approval, Discussion, Notification,
Acknowledgement, Confirmation / Verification, Grasp and Witness).
 Instruction: Supervisor’s written instruction to remind the construction requirements that
the contractor shall follow
 Approval: Supervisor’s written approval on the contractor’s proposal necessary for
construction in respect of the items shown on the contract documents
 Discussion: Discussion between the employer and the contractor on equal ground to
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conclude matters on agenda in the contract document

 Notification: Supervisor’s written notification to the contractor in respect of construction
execution
 Acknowledgment: Supervisor’s acknowledgement and understanding of documents
submitted by the contractor under his responsibilities for supervision according to the
contract stipulation
 Confirmation / Verification: Supervisor’s confirmation / verification on conformity of the
contents to the contract documents by attendance at site or data submitted by the contractor
 Grasp: Supervisor’s recognition on conformity of construction execution status, material
used and contents of the documents by attendance or data submitted by the contractor
 Witness: Supervisor’s attendance at site to confirm the contents stipulated in the contract
documents
2) Purpose of Supervision
Supervision is one of main responsibilities for the employer to ensure the contractor’s appropriate
performance under the contract in accordance with the Public Accounting Act of Japan.
[Item 1 of Clause 11 in Article 29 of the Public Accounting Act]
When a Contract Officer, etc. concludes a contract for work involving construction,
manufacturing or other type of work, the Contract Officer, etc. shall, either personally or by
assigning an assistant, undertake necessary supervision in order to ensure appropriate
performance of the contract, pursuant to the provisions of Cabinet Order.
Supervision is to make witness during implementation of the contract for construction and
manufacture etc., and necessary discussions and instructions after witness in order to ensure
conformity to the contract requirements.
Supervision includes confirmation / verification of construction execution status, construction
schedule, test and quality of material and equipment in the course of construction implementation
to ensure high quality construction facility, since performance verification can be made on spots
by the inspection for certificate of payment and completion.
3) Appointment and Roles of Supervisors

The employer shall appoint appropriate staff as supervisor(s) in construction and equipment
installation packages and in addition or alternatively may employ other organizations for
supervision. In any case, the employer shall inform the contractor of the appointed supervisor(s)
and / or the employed organization for supervision in due course.
Actions of supervision shall be limited to step confirmation / verification to the necessary extent
in order to check the contractor’s performance during construction implementation. It shall be
prohibited to give any unnecessary instructions and/or confirmation to result ambiguous situation
on responsibility between the employer and the contractor and cause cost increases.
Due to characteristics of construction works, it is difficult to judge on adequacy for quality and
quantities of construction implementation after completion of the construction works, such as soil
conditions at base level after embankment, re-bar arrangement after concrete casting and
underground structure conditions after backfilling etc. Therefore when the defects are found after
completion of the construction works, it costs a lot to rectify the defects in most of the cases. That
is the reason to supervise the contractor’s performance successively during construction
implementation.
(2) Method of Supervision

1) Overall Process of Supervision
Process of supervision implemented in public works in Japan is shown below.
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The processes in regard to quality management are explained hereinafter, particularly those
important points in each item, indicated in thick box below.
Flow of Supervision in Japan
Confirmation of Contract Requirements
Grasp of Construction Plan Acknowledgement of Construction Plan
Discussion prior to Commencement Confirmation of Required Matters
Confirmation of Construction Stage Grasp of Construction Organization Formation
Confirmation of Construction Materials: ref 2)
Witness of Construction / Grasp of Construction Status: ref 3)
Step Confirmation / Verification: ref 4 )
Search when Site Conditions are Different: ref 5)
Check of Schedule and Instruction to expedite as necessary
Instruction to rectify if Defects are found: ref 6)
Coordination to Stakeholders Coordination with Adjacent & Related Construction Works
Coordination with Residents
Coordination with Other Stakeholders
Safety Matters Safety Patrol
Contingent & Urgent Measures
Countermeasures to Incidents / Accidents: ref 7)
Reports for Contract Alteration Change of Design and Schedule: ref 5)
Preparation for Inspection Confirmation of Documents for Inspection: ref 8)
Preparation for Inspection on Stage

Preparation for Inspection on Completion
2) Confirmation of Construction Materials

The supervisor shall test, witness or verify on quality and standard of materials which are
specified as construction materials requiring the supervisor’s test or verification for use, or as
materials requiring mixing with the supervisor’s witness or verification on sample of mixing.
Unless otherwise specified in the design documents, it is not necessary to verify whole number of
material but to do so in certain number specified in the technical documents (design and
specification).
Verification on specified materials is actions of collation between quality standard required by the
employer and quality standard of material submitted by the contractor based on the contractor’s
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interpretation of the contract documents. The verification shall be made to a part of materials or
sample together with quality certificate documents to confirm that quality and standard of
specified materials are matched with the technical requirements.
3) Witness of Construction and Grasp of Construction Execution Status

The supervisor shall witness the works, which technical documents (design and specification)
require attendance of the supervisor for confirmation.
In addition, the supervisor shall grasp construction execution status, such as concrete casting
works in foundations, piles, major structures and bridge girders and slabs, tunneling works,
embankment works and pavement works etc., which are also specified in the technical documents,
and record them.
The supervisor shall grasp construction execution status generally, if construction management is
being implemented appropriately and construction method is being applied in accordance with
the construction method statement. When non-conformance is found during construction, the
supervisor has to give instruction of correction at the soonest.
4) Step Confirmation and Verification on Construction

Construction execution status shall be verified in each construction step by the supervisor’s
attendance at site in the following steps as example.
Kinds of works Confirmation timing Frequency
Earth cutting works when soil / rock change once in soil / rock type
Embankment works when proof rolling is carried out once in location
Driving pile works when driving is carried out once in 5 to 10 numbers
Bored pile works when bore is complete trial pile & once in 5 to 10 numbers
when re-bar is installed 30 to 60 % of one structure
when pile works are complete once in 5 to 10 numbers
when pile head is hacked once in 5 to 10 numbers
Structure works when structure excavation complete once in structure
when re-bar is installed 30 to 60 % of one structure
when site is ready for backfill once in structure
Bridge structure works when shoe positions are fixed once in structure
when slab rebar is installed 30 to 60 % of one structure
Pre-stressed works when PC cable & rebar are installed 30 to 60 % of one structure
when stress is complete 10 to 20 % of total cable number
Tunnel excavation works when soil / rock change once in soil / rock class
Tunnel support works when support is installed once in support type
once in support type or
Tunnel lining works when lining is ready for casting
once in three casting if important
when lining is complete Once in 200 m
Equipment when technical details are submitted all major equipment and in
(shop drawings, specifications etc.) accordance with engineering
when equipment is complete in factory documents
when equipment is installed on site
when tests &commissioning are done
It is to note that tests and confirmation / verification are stipulated in the technical documents and
the contract documents, which shall be observed in addition to the above sample.
i) Purpose of Step Confirmation / Verification
It is important that the supervisor shall verify the parts (invisible parts after completion of the
works), which are not able to confirm and verify in the inspection for quality assurance.
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ii) Important Points for Step Confirmation / Verification

Step confirmation / verification shall be made by attendance at site basically, but office
verification is also allowed depending on the supervisor schedule. Office verification requires
compilation of additional reports and references, and therefore the supervisor attendance at
site is preferable for both parties.
The supervisor shall verify quality of specified materials based on the documents prepared by
the contractor by observation of appearance and collation of quality standard certificate of the
materials. Step confirmation / verification of using materials is to confirm the materials are
used appropriately.
It is to note that the supervisor shall attend at site within 7 days upon request from the
contractor under the contract and if attendance is not made within the time frame, the
contractor may request an extension of time or proceed to the works without step
confirmation / verification. Hence, step confirmation / verification shall be implemented in
time in accordance with the contract stipulation.
Partial inspection during construction implementation and final inspection shall be made by
the inspector to check the documents of step confirmation / verification as well as other tests
and confirmation stipulated in the technical documents made by the supervisor and record
photographs if available, as certain works have been covered and could not be seen when
inspection is carried out. Hence, step confirmation / verification by the supervisor is very
crucial and important.
5) Search in Case of Difference in Site Conditions etc.

When site conditions are found different from the technical documents (design and specification
etc.), unforeseeable conditions are encountered or the contractor requests confirmation on any
matter during construction. Then, the supervisor shall search the site and the contract documents
etc. and make report to the employer whether design is changed or not.
Upon the report from the supervisor, the employer shall change design, alter the contract
(extension of time and contract price), if judgement is made to design change and inform to the
contractor accordingly.
6) Request for Rectification and Destructive Verification

When non-compliance to the contract documents is found in the construction works, the
supervisor shall instruct the contractor to improve their method and management, and rectify the
works if necessary.
If the defects are caused by the contractor not following the relevant provisions in the contract,
and there is sufficient proof, the defect parts shall be taken down and verified further. When it is
confirmed defects, then instruction shall be given to re-construct the parts in accordance with the
requirements in the contract. In any defects, the procedure below shall be taken and the records
be kept to prevent recurrence of similar defects.
a) To search reasons of defects through review of quality control data from construction method,
procurement of materials to construction on site.
b) To prepare countermeasures for the defect and confirm to adopt the countermeasures between
the supervisor and the contractor
c) To prepare preventive measures for similar recurrence
d) To implement repair works on the defects with close witness and supervision from the
supervisor and the contractor
e) To make report and submit it, so that lessons may be learnt for other works
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7) Countermeasures to Incidents and Accidents

When incidents and/or accidents occur, the supervisor shall check the site and report to the
employer at the soonest and request the contractor take necessary measures in due course. The
supervisor shall review the site further and find cause(s) together with the contractor and some
others (specialists dispatched by the employer if required) whether the incidents / accidents are
due to some faults of stakeholders or force majeure etc.
If the effects are considered serious, special committee may be organized.
Similar to the process mentioned in 6) above, search, countermeasures, preventive measures and
reports shall be followed in case of incidents / accidents.
8) Preparation for Inspection

The supervisor shall inform date of either partial inspection during construction implementation
or final inspection to the contractor upon such information provided from the employer.
The supervisor shall attend at partial inspection during construction implementation and final
inspection.
(3) Reporting on Supervision

The supervisor shall compile the following documents during the construction works as his duty.
 Documents explained construction status at each step, including confirmation of construction
materials and witness & confirmation / verification of construction works
 Documents recorded all tests on materials and construction processes specified in technical
documents
 Documents recorded in regard to contract implementation specified in the contract
 Other documents related to supervision
All documents mentioned above shall be checked at partial inspection during construction
implementation and final inspection by the inspector in order to judge whether the facilities are in
order or not.
3.2.3 Inspection
(1) Standard of Inspection
Inspection means checks and reviews on many aspects carried out in construction works, not only
quality matters but also progress control, safety and environmental matter and process of design
change if any and so on. This concept is similar to that in Viet Nam.
1) Definition
There are two different stages of inspection, which are partial inspection during construction
implementation and final inspection. More details for both are shown below.
i) Partial Inspection: Inspection to verify partial completion of construction works
This is an inspection during construction implementation to certify the required progress at
specified time under the contract for progress payment to the contractor.
Upon confirmation on the results of the inspection showing achievement of the required
progress specified under the contract, payment shall be made to the contractor according to
the progress.
The part of the works completed and certified for payment shall not be handed over to the
employer and still taken care by the contractor.
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Each partial inspection shall be carried out in the section, where previous partial inspection
was not implemented, for certification on the progress of the section inspected based on
construction execution status and profile and position and quality of construction facilities
according to the contract documents.
The inspection shall be carried out on site in principle but desk checking at office is also
allowed.
The followings are further explanation.
 Portion of construction facilities to be inspected in the course of multiple partial
inspections shall not be duplicated in principle unless the same inspector is not able to
carry out the multiple partial inspection.
 Inspection shall be at site in principle. When the necessary verification can be made by
observation of various records such as photographs etc. in respect of construction
management status including contractual performance and construction execution status,
desk checking at office is allowed.
 The following actions are recommended in order to improve efficiency of partial inspection
in addition to application of the guideline.
- Partial inspection to be made by the same inspector
- Verification on progress by construction report and progress chart
- Simplification of inspection for the same type of works
- Verification by the existing documents
ii) Final Inspection: Inspection to verify completion of construction works
This is an inspection in final completion.
Compliance in quality, profile and location of completed construction facilities to the
requirements in technical documents (design and specification) and contract performance
shall be verified by this inspection. Upon confirmation on the results of the inspection, the
construction facilities shall be handed over to the employer and payment shall be made to the
contractor.
2) Purpose of Inspection
Construction Inspection consists of “Contract Inspection” to verify completion of works for
payment and “Technical Inspection” to verify construction execution status during and at the end
of construction and evaluate the contractor’s performance. Former (Contract inspection) is in
accordance with the Public Accounting Act of Japan and the latter (Technical inspection) is Act
on Promoting Quality Assurance in Public Works respectively.
[Item 2 of Clause 11 in Article 29 of the Public Accounting Act]
When a Contract Officer, etc. concludes a contract for work as set forth in the preceding
paragraph or a purchase or other contract involving an object, the Contract Officer, etc. shall,
either personally or by assigning an assistant, undertake necessary inspections in order to verify
that the delivery to be received under the contract is completed (including verifying the
completion of portions of construction or manufacturing or delivery of portions of objects if it is
necessary to pay a portion of the price prior to completion of delivery), pursuant to the provisions
of Cabinet Order.
[Clause 1 in Article 7 of Act on Promoting Quality Assurance in Public Works]
In accordance with the Basic Principles, in order to secure the quality of public works at present
and in the future, while taking into consideration the fostering and securing of personnel
responsible for quality assurance in public works over the medium and long term, the
Commissioning Entity must appropriately implement the preparation of specifications and design
documents, preparation of a target price, selection of the methods for tendering and contracting,
determination of a counterparty to a contract, supervision and inspection of construction, and
confirmation and evaluation of implementation status during works and at the time of completion
and other processes(hereinafter referred to as "order-related processes") pursuant to the following
provisions, etc.:
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The followings are the purpose for inspection.

 Contract inspection is to confirm that position, size, appearance and quality of construction
facilities under the construction contract are verified to comply with the requirements in the
contract documents in order to allow the employer to make payment to the contractor.
 Technical inspection is to ensure “proper and efficient construction execution” and contribute to
“upgrading construction technology” in order to secure construction quality in public works.
 Ensuring of “proper and efficient construction execution” is to improve construction technology
and quality and shorten the construction period by identifying and notifying work items to be
better to the contractor.
 “Upgrading construction technology” is planned to be made by work performance evaluation of
the construction contractor and notification to the contractor of the evaluation results expecting
the contractor improve.
 The contractor’s technical capabilities can be evaluated comprehensively in construction tender,
utilizing the performance evaluation of construction project in the past.
3) Appointment and Roles of Inspector

The inspector shall be appointed from appropriate staff having enough competence in the
employer organization which is different from the organization the supervisor belongs.
The staff engaged in inspection for public construction requires the understanding on the
followings.
 Extensive technical knowledges, wide technical experiences, appropriate judgement and high
ethical standards are required.
 Fair, objective and accountable performance evaluation on construction works is required.
Taking into consideration the above, the guidance and points of attention in respect of technical
inspection for the inspector are described as follows.
 To determine facts correctly and strictly judge based on implementation and documents
This is starting point for inspection. The inspector is required to strictly deal with confirmation
on satisfactory facts found by right question to the contractor if there is any doubt. However it
must be careful not to make fault-finding inspection.
 To give objective and fair attitude and decision
Inspection purpose is to verify and confirm compliance of construction facilities to the
requirements in the technical documents (design and specifications). The inspector shall
always bear in mind fair attitude not to get emotional to the contractor based on his own
knowledge and experience.
 To maintain relationship of mutual trust with the contractor and act in good faith
It is important that the inspector shall keep relationship of mutual trust with the contractor
without preconception of doubt against him and deal with him in good faith. However implicit
belief shall be avoided as the inspector shall do what to do in view of own knowledge and
experience.
 To deal with the contractor with recognition of equal bases
Attitude implying dominant against the contractor shall be strictly avoided. It shall be
recognized that there is difference in position but without hierarchical relationship.
 To grasp purpose and scope of construction and focus on inspection points and observe
documents and site conditions
It is important to identify focus points of inspection instantaneously and judge after sufficient
observation on documents and site conditions on the basis of sampling method but not 100%.
Continual study for obtaining technology and knowledge and preparation in advance are
necessary for efficient and accurate inspection.
 To ask, point out and instruct clearly
The inspector shall ask, point out and instruct clearly with understandable words to the
contractor with good communication skill.
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In addition, the inspector shall bear in mind to give sufficient time to the contractor for
preparing his answer when immediate reply is not made.
 To request the relevant documents for inspection, but not request more than those specified in
the contract
The inspector shall carry out document inspection among construction related documents
including verification on conformity to the design documents and the relevant standards. The
inspector shall bear in mind not to evaluate based on the inspection on the documents and
photos more than specified.
 To act with pride and belief as the inspector
The inspector shall realize for himself that he is a representative of the employer for public
works who is entitled to inspect the construction facilities for taking over.
The inspector shall keep the above points in mind and commence inspection with the following
words to the contractor and other stakeholders.
 To carry out accurate inspection after clear declaration of commencement
 To make clear judgement to the contractor and comments on the results of the inspection at the
end of the inspection
(2) Method of Inspection

1) Flow and Procedure of Inspection
There are two views of inspection, which are contract inspection and technical inspection. If there
are unconformity and / or defects in either or both inspections, order is given to the contractor for
rectification with time limit. After rectification, those parts shall be checked with the documents
and photos or at site. When those are confirmed to be complete and there is no unconformity and
defects in the inspection, the inspector shall report the result to the employer and payment and
hand over of facilities shall be taken place.
As part of technical inspection, work performance evaluation of the construction contractor shall
be carried out by the inspector and the supervisors, which shall be utilized for future tender
evaluation of the contractor.
Flow of Inspection is shown below.
Flow of Inspection in Japan
Inspection
Contract Inspection Technical Inspection
no no
Confirmation Rectification Confirmation
yes yes
Report for Report for

Contract Inspection Technical Inspection
Work Performance
Evaluation of Contractor
Payment / Hand over
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Procedure of Inspection is shown below.
Procedure of Inspection
Supe rvisor
Overall Explanation
Others
the Contractor
Inspection on
Data / Documents
Supervisor
1 Contract Docuemnts
2 Construction Plan
3 Construction Organization Formation
4 Correspondence of Discussions
5 Confirmation & Te sts on Mate rial
6 Stage Confirmation / Ve rification
7 Safety Management
8 Schedule Management
9 Quality Manage me nt
10 Facilitie s Position, Size and Appe rance
11 Construction Photos
12 As Built Docume nts
the Contractor
Inspection on Site
Supervisor
Me asure me nt of Facility Position & Size

Appe arance of Facility
(Individual and Ove rall)
2) Items for Inspection

[Inspection on Data and Documents]
The following items shall be inspected in quality.
 Test results of construction materials and witness of construction status shall be checked in
view of inspection, which were mostly verified and confirmed by the supervisor during
construction.
 Step confirmation and verification on construction by the supervisor and the contractor as
aforesaid shall be checked in view of inspection.
 Overall quality management shall be checked in term of quality standard specified in the
technical documents in each works (foundations, earthworks, concrete structures, pavement
etc.) as well as facility functions, organization and compilation of quality records and repair
works when finding some defects during construction, if any.
 Positions, size and appearance of facilities in the documents compiled as data and as built
drawings shall be checked as shown, which are for major works only.
Kinds of works Contents Frequency
Ground improvement level, width, thickness, length once in 200 m
Earthworks level, width, slope length once in 200 m
Slope protection thickness, slope length, space, width, length once in 200 m
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Kinds of works Contents Frequency

Road-base level, width, thickness once in 1 km for thickness
once in 200 m for others
Pavement level, width, thickness, cross fall, flatness once in 10,000 m2 for thickness
once in 200 m for others
Bridge substructure span length, each span for span length
level, width, thickness, height , deflection as per drawings for others
Bridge superstructure dimension, As per drawing for dimension
level, width, height, thickness, camber once in two span for others
Tunnel level, width, thickness, height, depth, space, once in 100 m
length & both entrance
Equipment comparison between original major equipment
requirements
and actual specification & functions
commissioning tests
Other than quality inspection, contract documents, construction plan, organization formation,
correspondences during construction, activities in safety and schedule management shall be
checked.
[Inspection on Site]
 Facility position and size shall be measured to confirm conformity in the requirements,
following the contents shown in the above table.
 Appearance of facilities shall be checked individually and overall.
 In case that serious defects like hazardous cracks in concrete structure are found on site,
rectification shall be ordered to the contractor. After rectified by the contractor, inspection shall
be made in documents or on site.
3) Process of Quality Inspection

Quality inspection is to verify conformity of quality of material used and construction execution
to the requirement specified in the technical documents which shall be judged by observation of
documents, site conditions and photographs showing construction execution status.
Process of quality inspection is as follows.
 To verify fulfilment of test item, test frequency and test standard value specified in quality
control standard and grasp variability of the test values.
 To judge uniformity of construction by observation of site conditions and photographs showing
construction execution status.
 To verify operation performance of facilities by actual operation and measured value of
performance of the facilities under operation if necessary.
 To verify conformity by comparison with standard value of quality control documents and
observation from outside
Quality inspection shall be implemented by comparing with record of quality and quality control
and the technical documents according to the criteria of quality inspection in the technical
documents. However in case that it is difficult to verify by visual observation and the documents
and photographs showing status of quality control, destructive inspection shall be applied as
necessary.
4) Destructive Inspection
According to the contract, the employer / inspector is authorized to destruct portion of facilities
during inspection, if it is necessary to do further verification test on the portion after informing
the contractor.
Minimum destructive inspection is as follows.
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 Example of minimum destructive inspection for shape, dimension and location

Structure dimension: To be verified by actual measurement of structure after exposing of the
structure to be checked or taking sample of it
Pavement thickness: To be verified by actual measurement of core taken from a part of
pavement to be checked
 Example of minimum destructive inspection for quality
Concrete: To chip off a part of structure to be checked and verified by visual observation and
Schmidt Hammer or to verify by test core to be taken from structure if
necessary
Asphalt concrete: To take core from asphalt to be checked and test the core
Earthworks: To excavate a part of ground to be checked and carry out density test
5) Process of Remedial Works

When finding unconformity and defects in the inspection, instruction shall be given to the
contractor for remedial works with time limit.
When remedial works are complete, the contractor shall submit the documents to the employer,
proofing the works instructed to remedy are in order. Upon the receipt of the documents, the
supervisor shall verify and confirm the remedial works based on the submitted documents and/or
investigation on site. Then, the inspector shall verify and confirm the completion of remedy.
6) Work Performance Evaluation of Contractor

Under technical inspection, contractor work performance is evaluated after other inspection items
are complete. Evaluation is usually carried out by the inspector and the supervisor.
Evaluation result is provided to the contractor and will be used at selection of future tender.
(3) Reporting on Inspection

1) Report of Inspection Results
The employer shall be reported with “Inspection Record” and “Report of Inspection Results”
after verification by the Inspection.
2) Notification of Inspection Results

When construction facilities are verified and confirmed to be complete in the inspection, the
contractor shall be notified by “Form of Notification of Inspection Results”.
3) Work Performance Evaluation of Contractor

Work performance evaluated at the time of inspection shall be reported and utilized for future
tenders.
4) Instruction of Rectification
The inspector shall give instruction for remedial works when the inspector judges the necessity of
remedy based on results of inspection.
After remedy, the part of the works shall be verified and confirmed. Then the works shall be
considered to be complete.
3.3 Practice of Supervision and Inspection in Singapore

Singapore Government developed the Public Sector Standard Conditions of Contract (PSSCOC)
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to enable a common contract form to be used in all public sector construction projects.
PSSCOC was formulated and published firstly in 1995, and current version was issued in 2014
(seventh edition). Contents are based on the experiences in the past projects as well as similar
conditions of contract in United Kingdom and the International Federation of Consulting
Engineers (FIDIC). Standardization is considered to increase familiarity among users, reduce
tendering efforts and promote greater efficiency in contract administration. It is to note that the
Engineer in FIDIC Conditions and the superintending officer (SO) in PSSCOC supervises and
administers contract management in fair manner as independent professional.
Practice of supervision and inspection in Singapore in construction implementation and defects
liability period is explained hereinafter, mainly by referring PSSCOC and the related regulations.
3.3.1 Contract Formation

(1) Contract Party
Contract parties in public works in Singapore are the employer, the superintending officer and the
contractor and defined in PSSCOC (Clause 1.1) as follows.
 The employer means the government or the statutory body.
 The superintending officer means the person, firm or corporation appointed as such by the
employer for the purposes of the contract.
 The contractor means the person or firm or corporation whose tender has been accepted by the
employer.
Contract formation is shown below together with that in Viet Nam for comparison.
Employer Project Owner / PMU
appoint/contract
appoint/contract contract
contract
supervise /
Superintending Officer contract management PMC / SVC
supervise/ Contractor
Contractor
contract management
Contract formation in Singapore Contract formation in Viet Nam
[Superintending Officer (SO) Roles]

The superintending officer (SO) has in fact similar authority of the Engineer in FIDIC Conditions
of Contract and therefore SO role is not only supervision but also contract management in public
works and therefore considered much more powerful than supervision consultant (SVC) in Viet
Nam. Rights and obligations of SO is stipulated in whole PSSCOC and very clear to all parties
concern.
It is also to note that SO is often appointed from the department of the employer and shall behave
as an independent personnel from the organization.
[SO Team]
SO may delegate to SO’s Representative (Rep) any of the duties or functions vested in SO and
those delegation shall be delivered to the contractor prior to taking effect.
SO or Rep may appoint any number of persons to assist Rep in carrying out his duties, which
(names, duties and authorities) shall also be notified to the contractor (Clause 2.2 to 2.4 of
PSSCOC). Hence, the authorities and responsibilities for all personnel in SO team are made
known to the contractor in advance.
[Objection]
In addition, SO shall be empowered in writing to object the contractor’s representative appointed
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by the contractor. SO shall object to and require the contractor to remove any person employed
by the contractor from the works, when SO considers such person is incompetent (Clause 11.2 &
11.3 of PSSCOC).
(2) Instruction by SO
[Instructions]
SO shall give instructions to the contractor during construction implementation, which the
contractor shall comply with (Clause 2.5 & 2.6 of PSSCOC).
[Urgent Repairs]
In addition, if by reason of any accident or failure or other event occurring to or in connection
with the works, any remedial or other work shall in the opinion of SO be urgently necessary and
the contractor is unable or unwilling at once to do such remedial or other work, SO may authorize
the carrying out of such remedial or other work by a person other than the contractor. If the
remedial or other work so authorized by SO is the work the contractor was liable to do or for
which he was otherwise responsible under the contract, the amount of any cost, loss, expense or
damage incurred in carrying out the same shall be recoverable by the employer from the
contractor (Clause 2.7 of PSSCOC).
3.3.2 Construction Stage

(1) Quality Management
[Examinations and Tests]
SO shall examine, measure and test any plant, materials, goods and workmanship from time to
time at the place of manufacture, fabrication or preparation or on the site or at such other places
specified in the contract, to which the contractor shall provide everything necessary (Clause 10.1
& 10.2 of PSSCOC).
[Additional Tests]
SO shall require the contractor any test and if the test which is not so required in the contract
shows that the relevant Plant, materials, goods or workmanship were not in accordance with the
contract or did not meet SO instructions or satisfaction, the cost of making such test shall be
borne by the contractor (Clause 10.4 of PSSCOC).
[Examinations before Covering up]
No Works shall be covered up or put out of view without the approval of SO or Rep and the
contractor shall afford full opportunity for SO or Rep to examine and measure any of the works
which is about to be covered up or put out of view. The contractor shall give due notice to Rep
whenever any such works are ready or about to be ready for examination and Rep shall without
unreasonable delay attend for the purpose of examining and measuring such works.
If the contractor fails and/or neglects to comply with the provisions of the above notice, SO may
require the contractor to uncover any part or parts of the works or to do all such things as are
necessary for SO or Rep to inspect the works as constructed and the cost of such requirements as
directed by SO shall be borne by the contractor (Clause 10.5 of PSSCOC).
[Uncovering and Making Openings]
SO may from time to time instruct in writing and shall reinstate and make good any part or parts
of the works to the satisfaction of SO, and then the contractor shall uncover such part or parts or
make openings in or through the same. If such part or parts are found not to be executed in
accordance with the contract, the costs of uncovering, making openings in or through, reinstating
and making good the same shall be borne by the contractor. Otherwise, SO shall grant reasonable
costs and time extension (Clause 10.6 of PSSCOC).
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[Defects]
If SO during the progress of the works finds any defect, SO shall instruct the contractor in writing
to do any or all of the following:
(a) To demolish and reconstruct any work so that it is in accordance with the contract
(b) To remove from or not to bring to the site any materials or goods which in the opinion of SO
are or may not be in accordance with the contract and to replace such materials or goods
with materials or goods which are in accordance with the contract
(c) To remove from the site any plant which in the opinion of SO is not or may not be in
accordance with the contract and to provide plant which is in accordance with the contract
by the provision of new or alternative or repaired plant
SO shall specify the time or times within which the contractor shall comply with the instruction
(Clause 10.7 of PSSCOC).
(2) Schedule Control

[Original Program]
The contractor shall submit to SO a program for the works in compliance with the requirements
in the contract within 30 days after the letter of acceptance and SO shall notify the contractor
within 30 days of receiving the program if it is accepted or unacceptable with the reasons. In the
latter, the contractor shall submit revised program within 14 days from the notification of SO and
SO shall notify the contractor within 14 days of the re-submission. This procedure shall be
continued until program becomes acceptable (Clause 9.1 of PSSCOC).
[Revision of Program]
When it appears to SO at any time that the actual progress of the works does not conform with
the program accepted, SO shall instruct in writing the contractor to submit a revised or modified
program within 7 days in order to show and to ensure completion of the works within the time for
completion (Clause 9.2 of PSSCOC).
[Rate of Progress]
If for any reason which does not entitle the contractor to an extension of time, the rate of progress
of the works or any phase or part of the works is at any time, in the opinion of SO, too slow to
achieve completion by the time for completion of the works or the relevant phase or part of the
works, SO shall notify in writing the contractor accordingly. The contractor shall thereupon take
such steps as are necessary to expedite progress and to complete the works or the relevant phase
or part of the works in accordance with the contract. Such steps shall include the preparation of a
revised or modified program for acceptance (Clause 15.1 of PSSCOC).
[Extension of Time]
The following events are possible causes of delay of the works.
 Force majeure
 Exceptionally adverse weather conditions
 Excepted risks (war, rebellion, riot etc., use or occupation of the employer of any part of the
works not specified in the contract, design of the works by the employer etc.)
 Instruction for variation
 Late site possession by the employer
 Some other events
When the contractor considers the event(s) in the above delay the works, the contractor shall
notify SO such event and submit the reasons and length of the extension of time required within
60 days of occurrence of such event(s). Upon receipt of the notification, the reasons and length of
extension of time from the contractor, SO shall make the contractor such extension of time or no
extension to be fair, reasonable and necessary for the completion of the works within a reasonable
time (Clause 14.2 & 14.3 of PSSCOC)
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(3) Adverse Physical Conditions

[Inspection of Site and Geotechnical Information]
The contractor shall be deemed to have inspected and examined the site and its surroundings and
to have satisfied himself before submitting the tender as to the nature of the ground and sub-soil
and the form and nature of the site. Geotechnical information obtained from site investigation,
reports, publications and/or journals concerning the site may be provided by the employer. The
provision of the geotechnical information by the employer shall not relieve the contractor from
the responsibility of carrying out his own investigation and/or search for existing and other
additional geotechnical information relevant to the Site (Clause 5.1 of PSSCOC).
[Adverse Physical Conditions]
If the contractor encounters adverse physical conditions in the course of carrying out sub-surface
works, and the contractor is of the opinion that additional cost will be incurred, he shall give
notice in writing to SO pursuant to the relevant clauses in the contract. As soon as possible
thereafter, the contractor shall give details of the anticipated effects of such adverse physical
conditions, the measures he is taking or is proposing to take, the instruction he is complying and
the extent of the anticipated delay in or interference with the execution of the works. If, in the
opinion of SO, such adverse physical conditions could not have been reasonably foreseen, SO
may grant an extension of time and may certify such sum as may be reasonable.
It is to note that adverse physical conditions shall include unforeseen sub-surface and ground
conditions and all underground services which are in use. The cost of diversion of underground
services would be borne by the employer (Clause 5.2 of PSSCOC).
(4) Additional Works

[Variations]
SO may at any time issue an instruction in writing requiring variation. Variations include the
followings (Clause 19.1 & 19.2 of PSSCOC).
 an increase or decrease in the quantity of any part of the works
 an addition to or omission from the works
 a change in the character, quality or nature of any part of the works
 a change in the levels, lines, positions and dimensions of any part of the works
 the demolition of or removal of any part of the works no longer desired by the employer or SO
 a requirement to complete the works or any phase or part by a date earlier than the relevant time
for completion
[Valuation of Variations]
Varied works may be priced and confirmed between SO and the contractor before execution or
the contractor shall submit amount of varied works for payment and SO shall evaluate it for
payment certificate (Clause 19.3, 20.1 & 20.2 of PSSCOC).
(5) Substantial Completion

[Completion]
When considering that the whole of the works have been substantially completed, the contractor
may give notice in writing to that effect to SO, accompanied by an undertaking to complete any
outstanding work during the defects liability period. Within 21 days of the receipt of such notice
and undertaking, SO shall either:
(a) issue to the contractor a certificate of substantial completion, with a copy to the employer,
stating the date on which in his opinion the works were substantially completed in
accordance with the contract; or
(b) give instructions in writing to the contractor specifying all the works which in his opinion
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are required to be done by the contractor before the issue of a certificate of substantial
completion
In case of (b) above, SO may notify the contractor of any defects in the works affecting
substantial completion that may appear after such instructions and before completion of the
works specified therein and such defects shall comprise part of the said instructions and the
contractor shall not be entitled to be issued the certificate of substantial completion until the
works specified in the said instructions have been completed to the satisfaction of SO (Clause
17.1 of PSSCOC).
It is to note that certificate of substantial completion may be issued with some outstanding works
to be complete at the soonest.
[Certificate of Statutory Completion]
After issuance of completion certificate by SO, the employer shall certify that the new building*
has been erected or the building works have been carried out in accordance with the provisions of
the Building Control Act, and deliver that certificate to the Commissioner of Building Control
(appointed by the Minister of National Development) and the employer shall apply a certificate of
statutory completion in respect of the building to the Commissioner of Building Control, as
specified in the Building Control Act (Section 11).
The Commissioner of Building Control shall issue a certificate of statutory completion in respect
of that building and then the employer is able to occupy, or permit or cause to be occupied the
building in accordance with the Building Control Act (Section 12).
*Note: Building is defined in the Building Control Act (Section 2) as any permanent or temporary building
or structure including infrastructures (earth retaining structure, dock / wharf / jetty, floating structure,
culvert / crossing / bridge / underpass / tunnel, sewage plant / sewer / drain etc.).
3.3.3 Defects Liability Period

[Works in Defects Liability Period]
During defects liability period, (1) the contractor shall complete with due expedition and without
delay any work outstanding at the date of substantial completion and as may be instructed by SO
and (2) the contractor shall execute all such works of amendment, reconstruction and remedying
defects, shrinkages or such other faults of whatever nature as SO may at any time during the
defects liability period or within 14 days after its expiration instruct the contractor to execute
(Clause 18.1 of PSSCOC).
[Judgement on Defect]
If the works executed by the contractor in (2) above are within the following items, the contractor
shall bear the cost.
 the fact that it is a defect; or
 where the contractor is responsible for the design of the whole or any part of the permanent
works, any fault in such design; or
 the neglect or failure on the part of the contractor to comply with any obligation, expressed or
implied, on the contractor's part under the contract.
Otherwise the works shall be evaluated as additional works by SO (Clause 18.2 of PSSCOC).
[Final Completion Certificate]
Within 30 days after the expiration of the defects liability period or as soon thereafter as any work
instructed by SO has been completed, SO shall issue to the contractor, with a copy to the
employer, a final completion certificate (Clause 34.1 of PSSCOC).
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3.4 Practice of Supervision and Inspection in Other Developed Countries

3.4.1 Supervision and Inspection in United Kingdom
For public construction projects, Institute of Civil Engineers (ICE) in United Kingdom issued
ICE Conditions of Contract first edition in 1945 for Works of Civil Engineering Construction in
cooperation with the Civil Engineering Contractors Association (CECA). Since then, ICE
continued to issue the Conditions of Contract in cooperation with CECA and the Association for
Consultancy and Engineering (ACE). ICE Conditions of Contract adopts the contract formation
with the employer, the Engineer and the contractor in which the employer appoints the Engineer
who manages the works and supervises the performance of the contractor, as shown below. ICE
Conditions of Contract seventh edition was issued in 1999.
In early 1990s, ICE reviewed the construction industries and found there were some adversarial
circumstances in construction works, thereby the works were often delayed for completion. In
order to improve the situation, ICE introduced concept of team work and partnering and then
published the New Engineering Contract (NEC) in 1993. ICE continued to update and published
NEC 3 in 2005 and NEC 4 in 2017. The NEC adopts the contract formation with the employer,
the project manager and the contractor in which the employer appoints the project manager who
manages the works in principle of cooperative and mutual understanding on the contents of the
contract. It is to note that NEC 3 was used on a number of major projects, including the
construction works for the London 2012 Olympics.
Under such circumstances, ICE council made the decision in 2011 to withdraw from the ICE
Conditions of Contract and transferred its part ownership of this contract to ACE and CECA.
Subsequently, ACE and CECA jointly published new standard contract for track works in 2014.
It is also the fact that FIDIC Conditions of Contract for building and engineering works designed
by the employer was firstly compiled in 1957, incorporating similar contract model in ICE
Conditions.
The contract formation of ICE Conditions of Contract and NEC are shown below.
Employer Employer
contract appoint/contract contract appoint/contract
supervise / supervise /
Contractor Engineer Contractor Project Manager
contract management contract management
Formation with ICE Conditions of Contract Formation with ICE NEC

Roles of supervision and inspection for the employer and the Engineer in ICE Conditions of
Contract and NEC are briefed as follows.
Activities ICE Conditions of Contract New Engineering Contract
Supervision during construction The Engineer The Project Manager
Interim inspections The Engineer The Project Manager
Inspection at completion The Engineer The Project Manager
plus staff from the employer plus staff from the employer
In construction works in United Kingdom, the above contract forms (ICE Conditions of Contract
and NEC) are utilized, depending on the project owners.
3.4.2 Supervision and Inspection in United States of America

For public construction projects in United States of America, the Standard General Conditions of
the Construction Contract was prepared by the Engineers Joint Contract Documents Committee
(EJCDC) in 2007 and endorsed by Construction Specification Institute. EJCDC is composed of
American Council of Engineering Companies, Associated General Contractors of America,
3-18
American Society of Civil Engineers and National Society of Professional Engineers. The
Conditions has seventeen articles and adopts the contract formation with the employer, the
Engineer and the contractor, in which the employer appoints the Engineer who manages the
works and supervises the performance of the contractor, as shown below.
Employer
contract appoint/contract
supervise /
Contractor Engineer
contract management
Formation with the Standard General Conditions of the Construction Contract

There are other conditions of contract in United State of America, some of which stipulate that
the contracting officer manages the works and the Conditions prepared by the American Institute
of Architects introduces the Architect instead of the Engineer. In either case, the employer
appoints the contracting officer and the Architect.
Roles of supervision and inspection for the employer and the Engineer in the Standard General
Conditions of Contract are briefed as follows.
Activities Standard General Conditions of the Construction Contract
Supervision during construction The Engineer
Interim inspections The Engineer
Inspection at completion The Engineer plus staff from the employer
It is to note that the Engineer in the above table is replaced with the contracting officer and / or
the Architect, depending on the conditions applied.
3.5 Features of Supervision and Inspection in Japan, Singapore and Other Countries
 Supervision and inspection shall be implemented within the employer organization in Japan.
Supervision and inspection shall be mostly implemented by SO in Singapore, who may be
often appointed from the employer organization. Supervision and inspection shall also be
implemented by the Engineer or the Project Manager in United Kingdom and the Engineer or
the Architect or the Contracting Officer in United States of America, who are appointed by the
employer.
 Though outside organization shall be assigned for all or part of supervision in Japan and for all
supervision and inspection in Singapore, United Kingdom and United States of America, roles
and responsibilities of outside organizations are clearly specified.
 For all personnel involved in supervision and inspection, their responsibilities shall be
informed to the contractor in advance.
 In any case, documents for supervision shall be endorsed by chief supervisor belonging to the
employer in Japan, by SO or Rep in Singapore, by the Engineer or the Project Manager in
United Kingdome and the Engineer or the Architect or the Contracting Officer in United States
of America.
 In Japan, the inspector shall be assigned from the organization specialized for inspection,
which is different from the organization the supervisors belong. In other words, the inspector is
fully independent form the supervision.
 In Singapore, SO shall maintain his position independent from the employer, even SO is often
appointed from the employer organization.
 SO in Singapore needs to have qualification of the Professional Engineer in infrastructure
works and the Architect in building works. Similarly, the Engineer and the Project Manager in
United Kingdom need to have qualification of the Chartered Engineer in infrastructure works
and the Architect in building works. In United States of America, the Engineer, the Architect
and the Contracting Officer are probably requested to have same kinds of qualification.
3-19
Chapter 4 Important Notes and Improvements for Supervision and

Inspection
4.1 Introduction
Following the contents in Chapter 2 Current Regulations of Supervision and Inspection in Viet
Nam and Chapter 3 Oversea Practice of Supervision and Inspection, the important notes and
improvements for supervision and inspection for the project owners (POs) / the project
management units (PMUs), including the supervision consultants (SVCs) and the state authorities
(SAs) are compiled hereinafter in each stage. Important notes can be realized anytime when the
stakeholders make up their minds to reform the situation, and the contents in the improvements
require modification of present regulations.
Those (the important notes and the improvements) are provided separately for POs / PMUs and
SAs for easy reference in the respective items indicated in the Flow of Supervision and
Inspection in Construction Works in Viet Nam shown below. Those consist of important notes
when implementing supervision and/or inspection, and the recommended improvements for
future in short term, middle term and long term. Short term means 2 to 3 year time and middle
term 4 to 6 year time and long term more than 7 year time.
These notes and improvements are prepared for public works and stakeholders for private works
are also encouraged to refer the contents to improve quality management (supervision and
inspection), as far as possible.
Flow of supervision and inspection is provided below.
4-1
Flow of Supervision & Inspection in Viet Nam PO/PMU SA

reference reference
Survey Stage Survey Works 4.2.1 (1) -
Design Stage Design Works 4.2.1 (2)* 4.3.1 (1)*
Construction Stage Selection and Contract of Supervision Consultant 4.2.2 (3) -
Selection and Contract of Construction Contractor 4.2.2 (4) -
Languages for Documents and Implementation 4.2.2 (5) -
Report from PO / PMU to SA for Inspection of Acceptance 4.2.2 (6)* 4.3.2 (2)*
during Construction Implementation and at Completion
Plan on Quality Management 4.2.2 (7) -
Quality Management 4.2.2 (8) -
Progress Management 4.2.2 (9) -
Safety and Environmental Protection Management 4.2.2 (10) -
Defects and Remedies 4.2.2 (11) -
Design Adjustment 4.2.2 (12) -
Incidents and Accidents 4.2.2 (13)* 4.3.2 (3)*
Quality Assessment and Experiments 4.2.2 (14)* 4.3.2 (4)*
As-built Documents 4.2.2 (15) -
Acceptance and Inspection of Acceptance during 4.2.2 (16)* 4.3.2 (5)*

Construction Implementation
Acceptance and Inspection of Acceptance at Completion 4.2.2 (17)* 4.3.2 (6)*
Handover of Facilities and Documents 4.2.2 (18) -
Operation and Maintenance Process Documents 4.2.2 (19) -
Warranty after Completion 4.2.2 (20) -
Operation and Assessment of Force-Bearing Safety and Operation Safety - 4.3.3 (7)**
Maintenance Stage
Incidents and Accidents - 4.3.3 (8)**
Overall Dispute Settlement 4.2.4 (21) 4.3.4 (9)
Violation 4.2.4 (22)* 4.3.4 (10)*
Report on Status of Quality Control - 4.3.4 (11)
*Decision Makers or POs/PMUs shall take over duties of SAs, when times come.
**Decision Makers or POs/PMUs may take over duties of SAs, when times come.
4-2
4.2 Important Notes and Improvements for POs / PMUs

4.2.1 Survey and Design Stage
(1) Survey Works
[Important Notes]
 PO shall select either engineering contractor or eligible party for preparing plan for
construction survey. Plan includes objective, scope, applied criteria, costs and duration.
 PO shall select surveyor having reputation and experiences, and the surveyor shall prepare
method statement for construction survey in accordance with the plan and submit it to PO.
Upon receipt, PO shall check the method statement and approve it with appraisal by eligible
party, if required.
 PO shall supervise the works performed by the surveyor and inspect the report prepared by the
surveyor. If the report is unsatisfactory, PO shall request the surveyor re-submit the report until
acceptance. PO may hire eligible party to verify the report.
 PO shall issue written notification of approval to the surveyor when finding the report
acceptable. After that, PO shall make direct approval on the report submitted by the surveyor.
The report shall be kept as part of completion documents.
[Recommended Improvement]
Short term None
Middle term None
Long term None
(2) Design Works

[Important Notes]
 PO or eligible party hired by PO shall establish plan for construction design. The contents of
the plan shall be in line with the pre-FS report and/or PO proposal report of the works. Plan
includes objective, purpose of construction, location of construction, requirements on planning
and technical requirements.
 PO shall select engineering contractor, fitting with categories and grades.
 PO shall receive the engineering documents (plan, drawings, cost estimation, maintenance
process) prepared and submitted by the engineering contractor, which may be verified by the
eligible party hired by PO, if required.
 Then, PO shall submit the engineering documents to SA for appraisal. After appraisal, PO shall
send it to the decision maker (DM) for approval or make direct approval as per the regulations.
 Upon appraisal and approval for the design, PO shall issue written notification of approval for
acceptance of the engineering documents to the engineering contractor. The engineering
documents shall be kept as part of completion documents.
Short term None
a) DMs* of the projects in grade II to IV shall take over appraisal process on
Middle term the engineering documents from SAs, if DMs are recognized capable
enough by SAs.
a) DMs* of the projects in special grade and grade I shall take over appraisal
process on the engineering documents from Sas, if DMs are recognized
Long term capable enough by Sas.
b) More detailed stipulations shall be applied to architectural and M&E parts of
basic design.
*There are various kinds and levels of DMs and SAs shall make fair and reasonable judgement on
capability of each DM, when handing over.
This principle is applied to all handover processes in this Chapter.
4-3

(3) Selection and Contract of Supervision Consultant
[Important Notes]
 PO/PMU shall select and contract with the supervision consultant (SVC) from competent /
eligible and suitable organizations fitting with categories and grades of the construction works
in accordance with Article 120 to 122 of Construction Law.
 PO/PMU shall request SVC assign a representative and SVC shall inform the representative
together with organization structure and staff assignment for every position to PO/PMU prior
to commencement of supervision.
 PO/PMU shall specify roles for SVC in the contract and inform the contractor of the roles and
demarcation for PO/PMU and SVC.
It is suggested that the documents stipulated in the contract for the contractor shall be signed
by PO/PMU with confirmation signature by SVC.
 PO/PMU shall manage actions of SVC in the roles specified.
Short term None
a) Roles for SVC shall be standardized by SAs with support of POs / PMUs
and incorporated into regulation and contract model.
Middle term
b) When POs / PMUs have enough capacity, POs / PMUs may take full duty in
construction management without SVC.
a) There may be two associations to establish, one is supervision and the other
Long term
is inspection association for construction works.
(4) Selection and Contract of Construction Contractor

[Important Notes]
 PO/PMU shall select and contract with the contractor from eligible organizations fitting with
categories and grades of the construction works in accordance with Article 111 to 113 of
Construction Law.
 When adopting comprehensive evaluation method (technical aspect and bidding price) at
tender, PO/PMU shall evaluate both (technical aspect and price) in fair manner by referring the
Selection Mechanism of Construction Contractor.
 PO/PMU shall clearly specify the rights and obligations of SVC in the conditions of contract
between PO/PMU and the contractor in accordance with the model contract provided in
Circular 9 and inform the contractor of the roles and demarcation for PO/PMU and SVC.
Short term None
a) General conditions of contract between PO/PMU and the contractor shall be
Middle term formulated by SAs and incorporated into contract model. This shall be
obliged to use for public works.
Long term None
(5) Languages for Documents and Implementation

[Important Notes]
 PO/PMU shall determine languages used for implementation of the works (documents and
meetings) through discussions with SVC and the contractor in a fair manner prior to
commencement of the works, in case foreign contractors are involved. Vietnamese has to be
used in any case.
 In addition, PO/PMU shall determine ruling language in the same manner the above prior to
commencement of the works.
4-4
a) Languages shall be specified in the tender documents for the contractors, in
Short term
case foreign contractors are likely to involve.
a) Ruling language shall be specified in the tender documents for the
Middle term contractors, in case foreign contractors are likely to involve, so that all
bidders are able to allocate allowance for language.
Long term None
(6) Report to SAs for Inspections of Acceptances during Construction Implementation and at
Completion
[Important Notes]
 Soon after commencement of construction, PO/PMU shall make proposal for numbers,
procedures and contents in acceptances through discussions with the contractor prior to report
to SA.
 PO/PMU shall send the work brief and the above proposal to SA in due time (within 15 days
after commencement of the works).
 It is important to note that the contents prepared for acceptances during construction
implementation and at completion shall be in accordance with relevant laws, regulation and the
requirements specified in the technical documents and the contract.
a) Numbers, procedures and contents in acceptances during construction
Short term implementation and at completion shall be specified at the tender for the
contractors.
a) Numbers, procedures and contents in acceptances during construction
implementation and at completion shall be standardized by SAs with support
of POs/PMUs.
Middle term
b) DMs of the projects in grade II to IV shall take over inspections of
acceptances during construction implementation and at completion from
SAs, if DMs are recognized capable enough by SAs.
a) DMs of the projects in special grade and grade I shall take over inspections
Long term of acceptances during construction implementation and at completion from
SAs, if DMs are recognized capable enough by SAs.
(7) Plan on Quality Management

[Important Notes]
 PO/PMU shall receive the plan on quality management from the contractor prior to
commencement of corresponding works.
 PO/PMU shall thoroughly check the plan whether it meets with the requirements in the
technical documents (design and specifications) and return with approval or with conditional
approval & minor corrections following the comments given or with comments &
re-submission. This process shall be continued until approval.
 Simultaneously, PO/PMU shall prepare list for quality control (witness of test and
confirmation) following the requirements in the technical documents and the contract,
including frequency during the construction works. Then PO/PMU shall discuss and confirm
the list with SVC and the contractor. Sample list is shown below.
Items for witness of test and confirmation Frequency
[Piling works]
 Driving piles (material & driving) - Dimension & driving record in every pile
 Bored pile (boring data & - Boring record and soil samples in every pile
reinforcement and concrete) - Reinforcement and concrete in every pile: contents to
refer to [Concrete works]
[Earthworks]
 Soil test (gravity, water content, - Every x m3 or when changing source of material
particle size, liquid limit etc.)
 Density test for embankment - Every x m3 of embankment
4-5
Items for witness of test and confirmation Frequency

[Concrete works]
 Material test for concrete (cement, - Cement: Every delivery
aggregate & sand, water) - Others: Every x months or when changing source of
material
 Material test for reinforcement - Tensile test in every x tons or mill sheet at each delivery
 Check before concrete casting - Reinforcement arrangement, level, position and
dimension of forms and cleanliness
 Fresh concrete - Slump and air contents in every x m3 and sample for
strength test in every x m3
 Concrete strength - Compression tests in 7 days and 28 days
[As-built data]
 As-built data (levels, positions and - Any time before covering up
dimensions etc.)
 In addition, PO/PMU shall prepare record forms for each item stated above and discuss &
confirm them with SVC and the contractor. For instance, record forms are for soil material test,
density test for embankment, concrete test (fresh concrete & compression test), as-built data
and others.
a) Plan shall include procedure for rectification when defects are found,
including search of reasons for defects, countermeasures to propose and
Short term
report to submit.
b) Plan may include the photo management plan, if required.
a) Plan on quality management to be submitted by the contractor shall be
standardized.
Overall contents for quality management plan shall be specified by SAs with
Middle term
support of POs/PMUs and details may be left to individual contractors.
b) List for quality control (witness of test and confirmation) and record forms
shall be standardized by POs/PMUs in assistance with SAs.
Long term None
(8) Quality Management

[Important Notes]
 PO/PMU shall implement quality control (material check, site witness, site confirmation,
attendance on tests etc.) and keep records specified in the technical documents (Article 23 &
24 of Decree 46).
 PO/PMU shall keep the list for quality control and the record forms with them, and refer those
time to time.
 PO/PMU shall always bear in mind the following statements in respect of quality control on
site;
“Due to characteristics of construction works, it is difficult to judge on adequacy of
construction implementation after completion of the construction works, such as soil
conditions at base level after embankment, re-bar arrangement after concrete casting and
underground structure conditions after backfilling etc.
If the defects are found after completion of the construction works, it costs a lot to rectify the
defects in most of the cases. That is the reason to supervise the contractor’s performance
successively with due care during construction implementation period.”
 When defects are found, PO/PMU shall take the steps stipulated in (11) Defects and Remedies.
Short term None
a) Procedure for rectification when defects are found has been specified. It is
Middle term stressed that POs/PMUs shall keep full report for rectification of defects and
expand the lessons for other projects.
Long term None
4-6
(9) Progress Management

[Important Notes]
 PO/PMU shall receive construction schedule from the contractor prior to commencement of
the works and shall agree the contents with the contractor, after confirming the schedule meets
the requirements in contract documents.
 PO/PMU shall always check rate of progress during construction works and when delay is
observed without causes leading to extension of time, PO/PMU shall request the contractor
submit recovered schedule in due course.
 When scope of work, design and others etc. are changed and/or force majeure events occur
(which are not responsibility of the contractor), PO/PMU shall review the construction
schedule upon the request of extension of time from the contractor, and analyze schedule and
agree / determine extension of time. When extended time exceeds the original duration,
PO/PMU shall refer the matter to the decision maker.
Short term None
a) Construction schedule with critical path method shall be introduced and
Middle term specified in tender documents for the contractors in order to make easy
evaluation on extension of time request from the contractor.
Long term None
(10) Safety and Environmental Protection Management

[Important Notes]
 PO/PMU shall receive the plan on safety (including the plan for construction machinery) and
environment management from the contractor prior to commencement of corresponding works.
 PO/PMU shall thoroughly check the plan whether it meets with the requirements in the
technical documents (design and specifications) and return with approval or with conditional
approval & minor corrections following the comments given or with comments &
re-submission. This process shall be continued until approval.
 PO/PMU shall check safety and environmental management time to time during construction
works.
 PO/PMU shall always keep contact with the organizations for safety (Ministry of Labor,
Invalids and Social Affairs: MOLISA) and environmental protection (Ministry of Natural
Resources and Environment: MONRE) for receipt of their requirements and directions.
 PO/PMU shall refer the Guideline for Safety and Environmental Inspection (GLSEI),
whenever necessary.
Short term None
a) GLSEI shall be updated and upgraded periodically by POs/PMUs in
Middle term
assistance with SAs.
Long term None
(11) Defects and Remedies

[Important Notes]
 When defects are found, PO/PMU shall take the following steps and request the contractor
keep the records on events and actions accordingly;
a) To search reasons of defects through review of quality control data from construction
method, procurement of materials to construction on site
b) To prepare countermeasures for the defect and confirm to adopt the countermeasures
between PO/PMU & SVC and the contractor
c) To prepare preventive measures for similar recurrence
d) To implement repair works on the defects with close witness and supervision from
4-7
PO/PMU & SVC and the contractor

e) To make report on remedy, so that lessons may be learnt for next stages, work items and
other construction works
Short term None
a) Procedure for rectification when defects are found has been specified. It is
Middle term stressed that POs / PMUs shall keep full report for rectification of defects
and expand the lessons for other projects.
Long term None
(12) Design Adjustment

[Important Notes]
 When unforeseeable conditions are encountered during the construction works, PO/PMU shall
review the extents of such conditions together with the contractor.
 When scope of works is changed due to various reasons, unforeseeable conditions are
encountered (as aforesaid) and/or force majeure events* occur, PO/PMU shall review with the
contractor whether the original design (basic and detailed design) can be maintained or needs
to be revised.
*Force majeure is defined in Article 39 & 51 of Decree 37 and Circular 9 and some are overlapped
with unforeseeable conditions. The Guideline for Contract Management and Contract Alteration
(GLCM) formulated in 2017 may be referred in this regard.
 In case design needs to be revised, PO/PMU shall prepare ideas for design change and deliver
to responsible organization (design division / consultant).
 When design change is ready, PO/PMU shall instruct the contractor to implement it in due
course.
 PO/PMU shall refer Chapter 5 of GLCM, when required.
Short term None
a) Instruction for additional works resulted from design change shall be
implemented at the soonest and Article 28 of Decree 37 (refusal of the
contractor for works beyond the contract) shall be re-considered and
re-phrased (i.e. instruction shall be complied).
b) Negotiation for price and schedule for additional works shall be done in
Middle term
parallel to the construction works, though current regulation requires
agreement prior to commencement of additional works.
Agreement of price for additional works between POs/PMUs and the
contractors must not be pre-condition to implement the additional works.
The above shall be incorporated into regulation and contract model.
a) Approval from DM on design change (basic and detailed design) stipulated
in Article 84 in Construction Law shall be re-adjusted in such a way that
only design change exerting major influences to load bearing safety of
Long term
construction works or resulting in the total investment cost exceeding the
approved amount and/or contract duration to exceed is subject to approval
from DM.
(13) Incidents and Accidents

[Important Notes]
 When incidents occur, PO/PMU shall report to SA and other stakeholders.
 PO/PMU together with the contractor shall take rescue immediately and take measures for
dangers not to continue.
 PO/PMU shall cooperate to the inspection of causes on incidents SA organizes and conducts.
4-8
 On receipt of the document on inspection from SA, PO/PMU shall follow the directions
(remedies and improvement) and when permit for resumption of the works is given, PO/PMU
may instruct the contractor to re-commence the work.
Short term None
a) DMs of the projects in grade II to IV shall take over inspection on incident
causes from SAs, if DMs are recognized capable enough by SAs. For serious
ones, special committee shall be established and competent organizations
Middle term
and individuals (SAs, professors and experts) shall be participated.
b) Representative of DMs for inspection on incident causes shall be appointed
from the department other than the department the supervisors belong.
a) DMs of the projects in special grade and grade I shall take over inspection
on incident causes from SAs, if DMs are recognized capable enough by SAs.
For serious ones, special committee shall be established and competent
Long term organizations and individuals (SAs, professors and experts) shall be
participated.
b) Representative of DMs for inspection on incident causes shall be appointed
from the department other than the department the supervisors belong.
(14) Quality Assessment and Experiments

[Important Notes]
 When the contract specifies or quality seems unconformable or inspection team in incident
requires or state authority requires, PO/PMU shall organize control experiments, quality
assessment and experiments on bearing capacity.
 PO/PMU and/or SA may appoint an eligible party to carry out control experiments and/or
quality assessment and/or experiments on bearing capacity, if considering necessary.
 The party appointed shall compile the documents on quality assessment and experiment,
including responsibility of the assessment and experiment results, and remedies &
improvement, when the results show problems.
 Upon receipt of the documents, PO/PMU shall inform the results and request the contractor
remedies and improvement.
Short term None
a) DMs of the projects in grade II to IV shall take over duties for quality
assessment and experiments from SAs, if DMs are recognized capable
enough by SAs.
Middle term
b) Representative of DMs for quality assessment and experiments shall be
appointed from the department other than the department the supervisors
belong.
a) DMs of the projects in special grade and grade I shall take over duties for
quality assessment and experiments from SAs, if DMs are recognized
capable enough by SAs.
Long term
b) Representative of DMs for quality assessment and experiments shall be
appointed from the department other than the department the supervisors
belong.
(15) As-built Documents

[Important Notes]
 PO/PMU shall discuss with the contractor the format and contents of log books (diary), the
contractor prepares (Article 25 of Decree 46).
 PO/PMU shall examine and certify as-built drawings submitted by the contractor or return for
re-submission with comments. This process shall be repeated until certified (Article 25 & 26 of
Decree 46).
4-9
Short term None
a) Subcontractors are required to sign for as-built drawings and involved to
prepare diary in Article 11 & 12 of Circular 26. Since subcontractors are
under control of the contractor, these practices by subcontractors (preparing
Middle term
or signing on the contract documents under the main contract) shall be
ceased except the subcontractors approved by PO / PMU and implementing
major packages.
Long term None
(16) Acceptance and Inspection of Acceptance during Construction Implementation

[Important Notes]
 PO/PMU shall inform timing for inspection of acceptance during construction implementation
to SA in advance before the day on which PO/PMU plans to conduct the acceptance.
 PO/PMU shall cooperate on inspection of acceptance during construction implementation by
SA and organize quality assessment and experiment, if required.
 PO/PMU shall explain and instruct the contractor remedy shortcomings, when required.
 PO/PMU shall confirm completion of remedies if any, and report to SA accordingly.
 On receipt of the approval on acceptance from SA after inspection and confirmation of
completion of remedies if any, the acceptance shall take effect for the contractor to proceed to
next step.
a) Currently subcontractors are required to participate at acceptance and
inspection of acceptance process during construction implementation and
sign on acceptance minutes. Since subcontractors are under control of the
contractor, these practices by subcontractors shall be ceased except the
subcontractors approved by PO / PMU and implementing major packages.
Short term
b) Contents of acceptance and inspection of acceptance during construction
implementation shall be specified in the tender documents for the
contractors.
c) Contractor work performance evaluation shall be carried out at the time of
inspection of acceptance during construction implementation.
a) DMs of the projects in grade II to IV shall take over inspection of
acceptance during construction implementation from SAs, if DMs are
recognized capable enough by SAs.
b) Representative of DMs for inspection of acceptance during construction
Middle term
implementation shall be appointed from the department other than the
department the supervisors belong.
c) Acceptance and inspection of acceptance during construction
implementation shall be standardized by SAs with support of POs/PMUs.
a) DMs of the projects in special grade and grade I shall take over inspection of
acceptance during construction implementation from SAs, if DMs are
recognized capable enough by SAs.
Long term
b) Representative of DMs for inspection of acceptance during construction
implementation shall be appointed from the department other than the
(17) Acceptance and Inspection of Acceptance at Completion

[Important Notes]
 PO/PMU shall submit application for inspection of acceptance at completion to SA at least 15
days or 10 days before the day on which PO/PMU plans to conduct the acceptance (depending
on grade of works).
 PO/PMU shall cooperate on inspection of acceptance at completion by SA and organize quality
assessment and experiment, if required.
4-10
 PO/PMU shall explain and instruct the contractor remedy shortcomings, when required.
 PO/PMU shall confirm completion of remedies if any, and report to SA accordingly.
 In addition to receipt of the approval on acceptance from SA after inspection of acceptance at
completion, PO/PMU shall have other acceptance of fire safety from Fire Department,
certificate for environmental protection works from the authority approving the environmental
impact assessment (EIA) report and other approvals under the regulations.
 After having the approval on acceptance, the acceptance shall take effect for the contractor to
proceed to hand-over.
a) Contents of acceptance and inspection of acceptance at completion shall be
specified in the tender documents for the contractors.
Short term
b) Contractor work performance evaluation shall be carried out at the time of
inspection of acceptance at completion.
a) DMs of the projects in grade II to IV shall take over inspection of
acceptance at completion from SA, if DMs are recognized capable enough
by SAs.
b) Representative of DMs for inspection of acceptance at completion may be
Middle term the same personnel to inspection of acceptance during construction
implementation and shall be appointed from the department other than the
c) Acceptance and inspection of acceptance at completion shall be standardized
by SAs with support of POs/PMUs.
a) DMs of the projects in special grade and grade I shall take over inspection of
acceptance at completion from SAs, if DMs are recognized capable enough
by SAs.
Long term b) Representative of DMs for inspection of acceptance at completion may be
the same personnel to inspection of acceptance during construction
implementation and shall be appointed from the department other than the
(18) Handover of Facilities and Documents

[Important Notes]
 PO/PMU shall have all completion documents submitted by the contractor in accordance with
the list in Appendix III and all documents for purposes of management, operation and
maintenance of facilities in accordance with the list in Appendix IV of Circular 26, and take
over the facilities and construction site from the contractor.
 PO/PMU shall archive the above documents for at least 10 years or 7 years or 5 years
(depending on category of the project).
 If PO/PMU is not facility owner / manager, PO/PMU shall hand over the facilities to facility
owner / manager together with the documents in accordance with the list in Appendix IV of
Circular 26, when facility owner / manager considers the facilities are in order and the
documents are satisfactory.
Short term None
Middle term None
Long term None
(19) Operation and Maintenance Process Documents

[Important Notes]
 PO/PMU shall have all maintenance process documents from relevant organizations as follows
(Article 38 of Decree 46);
- Maintenance process documents for the construction work and/or construction parts together
4-11
with design documents from the designers

- Maintenance process documents of equipment from the contractors supplying the equipment
- Maintenance process documents of the above from the consultants, if the designers and the
contractors do not provide.
 PO/PMU shall deliver the above documents to facility owner / manager when handing over.
a) Maintenance process documents shall be specified in the tender documents
for respective contracts.
b) For common infrastructure facilities (roads, bridges, railways etc.), facility
Short term
owners (Ministry of Transport etc.) may have such documents applied over
the whole country and these may be utilized for maintenance of similar
facilities.
Middle term None
Long term None
(20) Warranty after Completion

[Important Notes]
 PO/PMU shall keep minimum deposit for warranty in warranty period from the contractor in
accordance with the contract.
 PO/PMU shall request the contractor remedy the defects, when PO/PMU and/or facility owner
/ manager find the defects during warranty period.
 PO/PMU shall issue certificate for completion of warranty, upon expire of warranty duration
and the request from the contractor. PO/PMU shall then return the deposit to the contractor.
a) According to Article 36 of Decree 46, the contractor may refuse to carry out
repair of damages, if the damages are not due to fault of the contractor.
This shall be re-adjusted for public works and the following steps shall be
taken, as public faces danger without immediate repair.
1) When damages are found, PO/PMU and/or facility owner / manager
shall notify the contractor to repair the damages.
2) The contractor shall repair the damages at the soonest (i.e. within three
days after notification).
3) Simultaneously, PO/PMU shall investigate the damages thoroughly and
Short term
search the causes of damages together with SVC, the contractor and
design/engineering contractors, if necessary. As damages appear from
design deficits or improper quality control in construction works or
wrong usage (overload etc.) or combined ones, the judgements on the
damages are sometimes extremely difficult.
4) Cost for repair of the damages shall be compensated, based on the above
judgement.
5) If either party has objection on the judgement, the matter shall be
referred to dispute settlement process stipulated in item (21).
a) Remedy of damages during warranty period shall be stipulated in
Construction Law, as current Construction Law does not have stipulations
on remedy of damages.
Middle term b) It is recommended to utilize the organizations and individuals carrying out
construction judicial assessment for the judgement on causes of damages.
The organizations and individuals are published in website and recognized
by MOC.
Long term None
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4.2.3 Operation and Maintenance Stage

POs/PMUs are not involved in operation and maintenance stage.
4.2.4 Overall
(21) Dispute Settlement
[Important Notes]
 During implementation of works or in operation stage, disputes may arise among stakeholders
(PO/PMU, SVC, the contractors and others) in respect of construction quality.
 PO/PMU shall take steps provided in regulation, such as (1) amicable negotiations between the
parties, (2) selecting qualified organization to assess the matter, (3) request SA to make
settlement and then (4) bringing to court, if PO/PMU is the party in disputes. (Article 22 of
Circular 26).
Short term None
a) There are several stipulations for disputes in construction works in
Construction Law, Decree 37 and Circular 26. Regulation for disputes shall
Middle term
be re-arranged for any disputes in construction works by integrating all
current regulations including the above Circular 26.
a) When dispute settlement committee or similar kinds of organizations, such
as mediation center or association of mediators etc. are established,
Long term
competent persons nominated from those organizations shall take over duty
for settlement of disputes from SAs.
(22) Violation
[Important Notes]
 When violations are detected, PO/PMU shall cooperate with SA, who shall request the
violating party remedy.
Short term None
a) DMs of the projects in grade II to IV shall take over process on violations
from SAs, if DMs are recognized capable enough by SAs. For serious
violations, special committee shall be established and competent
Middle term organizations and individuals (SAs, professors and experts) shall be
participated.
b) Representative of DMs for process on violation shall be appointed from the
department other than the department the supervisors belong.
a) DMs of the projects in special grade and grade I shall take over process on
violations from SAs, if DMs are recognized capable enough by SAs. For
serious violations, special committee shall be established and competent
Long term organizations and individuals (SAs, professors and experts) shall be
participated.
b) Representative of DMs for process on violation shall be appointed from the
department other than the department the supervisors belong.
4.3 Important Notes and Improvements for SAs

4.3.1 Survey and Design Stage
(1) Design Works
[Important Notes]
 Upon receipt of the full engineering documents (plan, drawings, cost estimation, maintenance
4-13
process) from PO, SA shall appraise the documents, after modification by the engineering
contractor, if required. Then DM or PO shall approve the documents as per the rgulations.
Short term None
a) SAs shall hand over appraisal process on the engineering documents to DMs
Middle term of the projects in grade II to IV, if SAs recognize that DMs are capable
enough.
a) SAs shall hand over appraisal process on the engineering documents to DMs
Long term of the projects in special grade and grade I, if SAs recognize tha DMs are
capable enough.

(2) Report from POs / PMUs for Inspections of Acceptances during Construction Implementation
and at Completion
[Important Notes]
 As soon as the work brief and the proposal for numbers, procedures and contents in
acceptances are reported by PO/PMU, SA shall make a plan for inspections of acceptances
during construction implementation and at completion and reply the proposal with agreement
or with conditional agreement & minor revisions or with comments & re-submission. This
process shall be continued until agreement.
 It is important to note that the contents of inspections of acceptances during construction
implementation and at completion shall be in accordance with relevant laws, regulation and the
requirements specified in technical documents and the contract.
a) Numbers, procedures and contents in inspections of acceptances during
Short term construction implementation and at completion shall be specified at the
tender for the contractor.
a) Numbers, procedures and contents in inspections of acceptances during
construction implementation and at completion shall be standardized by
SAs with support of POs/PMUs.
Middle term
b) SAs shall hand over inspections of acceptances during construction
implementation and at completion to DMs of the projects in grade II to IV,
if SAs recognize that DMs are capable enough.
a) SAs shall hand over inspections of acceptances during construction
Long term implementation and at completion to DMs of the projects in special grade
and grade I, if SAs recognize that DMs are capable enough.

[Important Notes]
 Upon receipt of the report from PO/PMU, SA shall organize inspection team on causes of
incidents. SA may appoint eligible party to participate, if considering necessary.
 Inspection team organized by SA shall compile the documents, including causes,
responsibilities of incidents, assessment on safety activities and remedies and improvements
required.
 SA shall permit to resume the works, after confirming completion of remedies and
improvements from PO/PMU.
Short term None
Middle term a) SAs shall hand over organizing inspection on incident causes to DMs of the
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projects in grade II to IV, if SAs recognize that DMs are capable enough. For
serious ones, special committee shall be established and competent
organizations and individuals (SAs, professors and experts) shall be
participated.
a) SAs shall hand over organizing inspection on incident causes to DMs of the
projects in special grade and grade I, if SAs recognize that DMs are capable
Long term enough. For serious ones, special committee shall be established and
competent organizations and individuals (SAs, professors and experts) shall
be participated.
(4) Quality Assessment and Experiments

[Important Notes]
 When inspection team of incident and SA consider to have control experiments, quality
assessment and experiments on bearing capacity, SA shall request PO/PMU organize the same.
 SA may appoint an eligible party to carry out control experiments and/or quality assessment
and/or experiments on bearing capacity, if considering necessary.
 The party appointed shall make a plan for quality assessment and experiments to submit to SA
for consideration and adoption, and submit it to PO/PMU for approval.
Short term None
a) SAs shall hand over duties for quality assessment and experiments to DMs
Middle term of the projects in grade II to IV, if SAs recognize that DMs are capable
enough.
a) SAs shall hand over duties for quality assessment and experiments to DMs
Long term of the projects in special grade and grade I, if SAs recognize that DMs are
capable enough.
(5) Inspection of Acceptance during Construction Implementation

[Important Notes]
 Upon information from PO/PMU for inspection of acceptance during construction
implementation, SA shall conduct inspection.
 Representative(s) of SA as inspector, who have extensive technical knowledges, wide technical
experiences, appropriate judgement and high ethical standards, shall inspect with the following
principle in mind;
- To be fair, objective and accountable performance evaluation on construction works
- To determine facts correctly and judge strictly based on implementation and documents
- To give objective and fair attitude, and decision
- To maintain relationship of mutual trust with the contractor and act in good faith
- To deal with the contractor with recognition of equal bases
- To grasp purpose and scope of construction and focus on inspection points and observe
documents and site conditions
- To ask, point out and instruct clearly
- To request the relevant documents for inspection, but not request more than those specified
in the contract
- To act with pride and belief as inspection
 Representative(s) of SA shall inspect in office and on site with the items listed in the tables as
sample below.
(1) Inspection in Office
Documents Details
Documents related to Investment Project Approval Decision
Written Opinions of Competent Agencies
4-15
(1) Inspection in Office

Documents Details
Written Appraisals
Construction Permits
Contract Documents Contract Agreement
Contract Alteration, if any
Conditions of Contract
Specifications
Drawings
Documents at Commencement Method Statement
Quality Management Plan
Safety and Environment Management Plan
Construction Schedule
Others
Quality Control Record Spot check on items in table in Section 4.2.2 (7)
Other Documents during Regular Meeting Minutes
Implementation Rectification of Defects, if any
Records of Safety Council or Patrol or Assembly
Accidents / Incidents Report, if any
Progress and Quantities
Others (Correspondences etc.)
(2) Inspection on Site

Facility Contents Numbers
Basic Parameter settlements, cracks, inclinations etc. in accordance with
on main structure component engineering documents
Road appearance overall once
- Pavement level, width, thickness, gradient, flatness few locations
- Base course level, width, thickness few locations
- Slope level, slope length, gradient few locations
Bridge appearance overall once
- Substructure level, width, thickness, height, span length one structure
- Superstructure level, dimension, span length, gradient few spans
Dikes appearance overall once
level, width, thickness, height, slope length few locations
Dam appearance overall once
- Concrete dam level, width, length between joints few locations
- Fill dam level, width, slope gradient few locations
Drains appearance overall once
level, dimension, gradient, length few locations
Other structure appearance overall once
level, width, thickness, height, depth, length few locations
Equipment comparison between original requirements major equipment
and actual specification & functions
commissioning tests
 Representative(s) of SA shall request quality assessment and experiments, if considering
necessary.
 Representative(s) of SA shall request PO/PMU explain and remedy shortcomings.
 Representative(s) of SA shall issue written approval on acceptance to PO/PMU within 15 days
or 10 days after inspection of acceptance during construction implementation (depending on
grade of the works) or receipt of confirmation of completion of remedies from PO/PMU, if
remedies required,
 It is important to note that inspection of acceptance during construction implementation shall
be carried out within the extents in the contract.
4-16
a) Since supervision is implemented during the works, inspection is carried out
on the spot only and managed to finish within a day or a few days at
maximum.
Short term b) Contents of inspection of acceptance during construction implementation
shall be specified in the tender documents for the contractors.
c) Contractor work performance evaluation shall be carried out at the time of
inspection of acceptance during construction implementation.
a) SAs shall hand over inspection of acceptance during construction
implementation to DMs of the projects in grade II to IV, if SAs recognize
Middle term that DMs are capable enough.
b) Process of inspection of acceptance during construction implementation
shall be standardized by SAs with support of POs/PMUs.
a) SAs shall hand over inspection of acceptance during construction
Long term implementation to DMs of the projects in special grade and grade I, if SAs
recognize that DMs are capable enough.
(6) Inspection of Acceptance at Completion

[Important Notes]
 Upon receipt of application from PO/PMU for inspection of acceptance at completion, SA shall
conduct inspection.
 Representative(s) of SA as inspector(s), who have extensive technical knowledges, wide
technical experiences, appropriate judgement and high ethical standards, shall inspect with the
same principle in mind stated in Section 4.3.2 (5) Inspection of Acceptance during
Construction Implementation the above.
 Representative(s) of SA shall request quality assessment and experiment, if considering
necessary.
 Representative(s) of SA shall request PO/PMU explain and remedy shortcomings.
 Representative(s) of SA shall issue written approval on acceptance to PO/PMU within 15 days
or 10 days after inspection of acceptance at completion (depending on grade of the works) or
receipt of confirmation of completion of remedies from PO/PMU if remedies required,
 It is important to note that inspection of acceptance at completion shall be carried out within
the extents in the contract.
a) Since supervision is implemented during the works, inspection is carried out
on the spot only and managed to finish within a day or a few days at
Short term maximum.
b) Contents of inspection of acceptance at completion shall be specified in the
tender documents for the contractors.
a) SAs shall hand over inspection of acceptance at completion to DMs of the
projects in grade II to IV, if SAs recognize that DMs are capable enough.
Middle term
b) Process of inspection of acceptance at completion shall be standardized by
SAs with support of POs/PMUs.
a) SAs shall hand over inspection of acceptance at completion to DMs of the
Long term projects in special grade and grade I, if SAs recognize that DMs are capable
enough.
4.3.3 Operation and Maintenance Stage

(7) Assessment of Force-Bearing Safety and Operation Safety
[Important Notes]
 Upon request from the facility owner / manager, SA shall supervise and inspect on periodic
assessment of force bearing safety and operation safety the facility owner organizes and a
4-17
eligible party (selected by facility owner) conducts.

Short term None
a) SAs may hand over supervision and inspection on periodic assessment of
Middle term force bearing safety and operation safety to DMs of the projects in grade II
to IV, if SAs recognize that DMs are capable enough.
a) SAs may hand over supervision and inspection on periodic assessment of
Long term force bearing safety and operation safety to DMs of the projects in special
grade and grade I, if SAs recognize that DMs are capable enough.

[Important Notes]
 Upon receipt of the report from the facility owner / manager, SA shall organize inspection team
on causes of incidents. SA may appoint an eligible party to participate, if considering
necessary.
 Inspection team organized by SA shall compile the documents, including causes,
responsibilities of incidents, assessment results on safety activities and remedies &
improvements required.
 SA shall permit to resume the operations, after confirming completion of remedies and
improvements.
Short term None
a) SAs may hand over inspection on incident causes to DMs of the projects in
grade II to IV, if SAs recognize that DMs are capable enough. For serious
Middle term
ones, special committee shall be established and competent organizations
and individuals (SAs, professors and experts) shall be participated.
a) SAs may hand over inspection on incident causes to DMs of the projects in
special grade and grade I, if SAs recognize that DMs are capable enough.
Long term For serious ones, special committee shall be established and competent
participated.
4.3.4 Overall
(9) Dispute Settlement
[Important Notes]
 Upon request from the parties in disputes in respect of construction, SA shall give instructions
on disputes during implementation of works or in facility operation.
Short term None
a) There are several stipulations for disputes in construction works in
Construction Law, Decree 37 and Circular 26. Regulation for disputes shall
Middle term
be re-arranged for any disputes in construction works by integrating all
current regulations including the above Circular 26.
a) When dispute settlement committee or similar kinds of organizations, such
as mediation center or association of mediators etc. are established, SAs
Long term
shall hand over settlement of disputes to the competent persons nominated
from those organizations.
4-18
[note]
Disputes Settlement in Japan and Singapore
Japan
1. to have direct discussions between stakeholders (mostly between the employer and the
contractor)
2. to request conciliator or mediator designated in the contract
3. to request conciliation or mediation to the Committee for Adjustment of Construction
Work Disputes
4. to request arbitration to the Committee for Adjustment of Construction Work Disputes
* Disputes are very seldom in construction works.
Singapore (refer Public Sector Standard Conditions of Contract: PSSCOC)
1. to request Superintending Officer (SO)** to make final decision
2. to request in mediation for settlement
3. to request arbitration for settlement
** SO is defined in PSSCOC as the person, firm or corporation appointed by the employer and has
similar authority of the Engineer in the Conditions of Contract formulated by the International
Federation of Consulting Engineers (FIDIC).
(10) Violation
[Important Notes]
 When violations are detected in construction works, SA shall request the violating party
remedy. In case of necessity, SA shall make and send the minutes of violations to the
construction inspectorate for dealing according to relevant regulations.
 SA shall publish the name of the violating party.
Short term None
a) SAs shall hand over process on violations to DMs of the projects in grade II
to IV, if SAs recognize that DMs are capable enough. For serious violations,
Middle term
special committee shall be established and competent organizations and
individuals (SAs, professors and experts) shall be participated.
a) SAs shall hand over process of violations to DMs of the projects in special
grade and grade I, if SAs recognize that DMs are capable enough. For
Long term serious violations, special committee shall be established and competent
participated.
(11) Report on Status of Quality Control

[Important Notes]
 SAs shall annually and irregularly make reports to the Ministry of Construction (MOC) in
respect of quality control in construction works, including status of inspections and incidents.
 MOC shall compile all reports submitted by SAs under their management and submit the
overall report to the Prime Minister.
Short term None
Middle term None
Long term None
4.4 Additional Recommendations

The followings are further recommendations to adopt in future to make quality management in
4-19
Viet Nam in accordance with international standard.

 Capacity of POs / PMUs and project management consultants / supervision consultants shall be
enhanced by training on and off site.
 Inspection of acceptance during construction stage, duties for handling of incidents and
accidents, and quality assessment and experiments SAs currently implement shall be handed
over gradually to POs / PMUs with the following considerations, when they are capable enough.
 POs / PMUs shall have full power and responsibilities for construction works from survey and
design stage to construction stage, including maintenance and operation stage in certain
construction works.
- POs / PMUs shall keep transparent process and fulfill accountability in supervision and
inspection.
- Organizations in POs / PMUs shall have every department covering whole activities in
regard to construction works, including one for inspection. Inspection department has to be
independent from other departments in order to maintain fair position to every party in
construction works.
In Japan, younger engineers are nominated to supervising officer in the organization of the
employer and they will be chief supervisor (manager level) after having experiences. Chief
inspector (manager level) is usually appointed from those having sufficient experiences of
supervision and inspection, because chief inspector needs to have extensive technical
knowledge, wide experience and high ethical standard.
- Staff in POs / PMUs will be motivated to be chief inspector, who acts as a final judge in
construction works.
- Arrangement of inspections will be smoother and easier, since supervision and inspection
team belong to same organization.
- Developed countries like Japan, Singapore adopt that the employers shall take care for
supervision and inspection in construction works.
 PO/PMU shall have higher qualifications (Professional Engineer or Architect) for supervision
and inspection in construction works. Details are stipulated as “Requirements of Supervisors
and Inspectors in PO/PMU” and “Trainings and Qualifications for Supervisions and
Inspections in Japan” in Appendix I and II.
 The conditions of contract formulated by the International Federation of Consulting Engineers
(FIDIC) have been translated in early 2000 in Viet Nam and are utilized in some projects.
Contract formation in FIDIC contract is shown right and this may be one of contract model in
Viet Nam as well as the model in the projects under official development assistance.
When POs / PMUs and consultants are capable enough, the Engineer in FIDIC contract or the
superintending officer (SO) in the Public Sector
Standard Conditions of Contract (PSSCOC)
formulated by Singapore Government explained Employer
in Section 3.3 could be nominated from POs /

contract appoint/contract
PMUs or consultants.
 Maintenance process documents for common contract management
Engineer
infrastructures (roads, bridges, railways, ports, Contractor
drainage, sewage, utilities, power plant,

petrochemical plant etc.) shall be or have been prepared by state authorities / facility owners
(Ministry of Transport etc.) in each infrastructure and those shall be updated time to time.
Maintenance process documents for other facilities (buildings etc.) shall be formulated in
individual project due to characteristics of the facilities and therefore POs shall include
formulation of maintenance process documents in scope of design and/or project management
consultants in tender documents for design and/or project management consultants.
 To highlight some issues in regard to management of construction quality and maintenance of
houses, some recommendations are compiled in Appendix III.
4-20
Appendix
I Requirements of Supervisors and Inspectors in PO / PMU
II Trainings and Qualifications for Supervisions and Inspections in Japan
III Recommendations for Management of Construction Quality

and Maintenance of Houses
Appendix I
Requirements of Supervisors and Inspectors in Project Owner/Project Management Unit
1. Requirements of Supervisors and Inspectors in accordance with Future Regulation
Basic considerations of criteria for supervisors and inspectors are as follows.
 Chief supervisor has to have experiences of supervising officer.
 Chief inspector has to have experiences of supervising and inspecting officer.
 Inspecting officer has to have experiences of supervision.
Requirements of supervisors and inspectors in Project Owner (PO) / Project Management Unit
(PMU) are compiled in the table below.
kind Educational background Qualification Experiences
At least three construction works

At least university Class I license for
Chief as supervising officer in similar
degree for related construction
Supervisor category and same or higher
engineering course supervision
grade of construction works
At least university Class II or III license as supervising consultants and /
Supervising
degree for related for construction or main contractors in similar
Officer
engineering course supervision category and same or higher

Class I license for
as inspecting officer in similar
construction
category and same or higher
inspection
At least university grade of construction works
Chief and
degree for related and
Inspector Class I license for
engineering course at least one construction work as
construction
chief supervisor in similar
supervision
grade of construction work
Class II or III license as supervising consultants and /
for construction or main contractors in similar
inspection category and same or higher
At least university
Inspecting and grade of construction works
degree for related
Officer Class II or III license and
engineering course
for construction at least one construction work as
supervision supervising officer in similar
A1-1
2. Further Requirements of Supervisors and Inspectors

Higher qualifications for supervision and inspection in construction works are regulated in some
developed countries as follows.
Countries Infrastructure works Building works
Japan *1 Architect
Singapore Professional Engineer Architect
United Kingdom Chartered Engineer Architect
United States of America unknown unknown
*1: Staff of supervision consultant is required to have qualification of Professional Engineer.
In order to enhance supervisors and inspectors in POs / PMUs and consultants in Viet Nam, the
qualifications for professional engineer and architect are recommended to introduce and
incorporate into regulations, as those qualifications are regulated in the developed countries.
In United States of America (USA), Professional Engineer (PE) is regulated, similar to the
Chartered Engineer in United Kingdom (UK). Prior to registration of PE, ethical check shall be
conducted to every candidate PE in USA and similar practice may be required in UK, too.
When serious mistakes or misconducts are found in the jobs of PE, professional liability shall be
strictly imposed on the PE and the qualification be suspended in certain periods or permanently
revoked.
The information below is references for the above qualifications in the developed countries.
(Professional Engineer in Japan)
Professional Engineer Act http://www.japaneselawtranslation.go.jp/law/detail/?id=73&vm=04&re=01&new=1
(Architect in Japan)
Act on Architects and Building Engineers
(Professional Engineer in Singapore)

Web site of Professional Engineer Board https://www.peb.gov.sg/
Professional Engineer Act https://www.peb.gov.sg/Html/PROFESSIONAL%20ENGINEERS%20ACT.htm
(Architect in Singapore)
General Requirements and Information for PPE Candidates http://www.boa.gov.sg/examination.html
Architect Act http://www.boa.gov.sg/rules.html#1
(Chartered Engineer in United Kingdom)

Engineering Council https://www.engc.org.uk/professional-registration/the-professional-titles/chartered-engineer/
A1-2
Appendix II
Trainings and Qualifications for Supervisions and Inspections in Japan
I. Outline of Supervision and Inspection in Japan
1. Main Activities and Features of Supervisor and Inspector
- Supervisors are to confirm the implementation of construction contract and mainly in charge of
construction administration for promoting construction progress, and some engineering works
are done with the support of supervising consultants.
- Inspectors are both for confirmation of constructed facilities before payment and for the
evaluation of construction quality.
Comparison of Supervisor and Inspector
Item Supervisor Inspector
Activities ● Contract ● Quality Inspection
- Contract control (Original & Alteration) - Phased/final acceptance inspection
- Development of design change document (=Check the requirements with
- Receive and direct of documents contract/regulation before
● Confirmation at Site payment)
- Progress check - Work performance evaluation
- Material confirmation (=Scoring of the package for quality
- Attendance if required on specifications or improvement of construction)
contract
● Adjustment with related sectors
- Local community
- Related organizations
● Grasp overall situation
Features ● Involving and promoting project ● Independent from projects and play
- Ability of general coordination are required role as third party
- Outsourcing of some activities to supervising - Higher knowledge of regulations and
consultant quality control for each work type
are required because of inspecting
whole package in a limited period.
Organization ● Supervision division in PO (with SV ● Quality division in PO (Independent
consultants) Division)
2. Organization of Supervisor and Inspector in Japan
- Both supervisors and inspectors belong to the same ministry or entities.
- There are mainly 3 classes for supervisors and 2 classes for inspectors. Chief supervisor and
inspector are management level.
- Inspectors belong to the independent division in their organization.
- Engineering officers have job rotation from planning / design division, supervising division
and even in O&M division before chief supervisors or inspectors.
Organization of PO
Representative of Project Owner (General Supervision)
Quality /
General Accounting / Planning / Operation / Supervision Inspection
Affair Budget Design Maintenance Division Division
Division Division Division Division
- Chief supervisor - Chief inspector
- Supervising - inspector
officer
3. Method to improve Supervisor and Inspectors in Japan
 On the Job Training / Job Rotation
- Each officer has a job rotation every 2 to 3 years in their organization before chief
supervisors or inspectors to accumulate overall and detailed skills for their fields.
- Supervising officer tasks are administration / general matter and there are not any
requirements.
 Certification: 1st/2nd Class (6-Type) Construction Management Supervisor
- Type: 1.Civil, 2.Architectural, 3.Construction Equipment,
A2-1
4. Electrical work, 5.Piping work, 6.Landscaping work

Contents: General construction, Special construction, Regulations,
Construction management method etc.
- These certifications are set by the government and are required for supervising consultants
and site managers of contractors because contractors have main responsibility of quality
control in Japan.
- However, supervising and inspecting officers try to obtain these certifications for their
personal developments.
 Training / Seminar
- CPD (continuous professional development), which is a scheme to record and keep each
engineer’s training history, are required by Japan Society of Civil Engineers. This record is
necessary to apply some qualifications including APEC engineers or to show engineer’s
experience for application of consulting service package.
4. Unique features in Vietnam Practice related to This Topic
 Top/state management is very strong in Vietnam
- Project manager is from PO/PMU, while general supervisor at PO side and site manager at
contractor are on equal foot in Japan.
- Inspectors are from SA, which is at higher rank than POs.
 Focus is on regulations/minimum requirements and less incentive for better construction
- Inspection work focuses on compliance with regulations (minimum requirements) and rarely
checks the compliance with bid proposal.
- This results in less conscious regarding quality for supervisors and contractors and also less
incentive to adoption of new technologies at contractor side as well.
 Less opportunity to move to different division
- Officers tend to stay in the same division and rarely move to different division without
promotion in Viet Nam. This may results in generating supervisors who has limited
knowledge.
II. Recommendations to improve the Capacity of Supervisors and Inspectors
1. Requirement of Certification for Supervisor
 In Viet Nam where state management is strong and responsibility of contractor is thus weaker
than other countries, and requirements for PO may be necessary if reducing the SA’s
participation in construction packages.
 Currently individual qualification system including supervision qualification have been
improved by means of 3 class system and unified exam in Decree 59 and become one of
certification required for project managers in PO/PMU.
 In Article 64 of Decree 59, project managers shall be eligible as stipulated in Clause 2 Article 54
(design certificate or supervising certificate or experiences) of the same and also defined as
‘manager of each professional field shall hold qualifications suitable with project scales, work
grades and assign tasks’. These requirements are not enough to secure supervisor’s capability
and should be more strictly applied. (ex. Supervising certificate and experience)
2. Commencement of WPE
 Currently there are not enough opportunities for supervisor to have a sense of responsibility of
checking the package because of SA involving the phased and final inspection of acceptance.
 One of the objectives of WPE is to enhance the capacity of supervisors, inspectors and
contractors through evaluating/scoring its resource, management and quality.
3. Comprehensive Organization/Job Rotation
 Professional (=Permanent) PMU instead of one time (=temporary) PMU are encouraged to take
part in construction management. This direction is good to have capable POs. Bigger and more
comprehensive organization is recommended to enhance staff capacity continuously.
 In such a comprehensive organization, job rotation among POs, PMUs, facility operators and
SAs are recommended for engineering staffs to acquire wider skill, knowledge and view point.
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Appendix III
Recommendations for Management of Construction Quality and Maintenance of Houses
1. Current Regulations in regard to Construction Quality and Maintenance of Houses
The Circular No. 05/2015/TT-BXD on providing for the management of construction quality and
maintenance of detached (private) houses includes the following provisions.
Article 3 Basic principles for house quality management and maintenance
1. The inspection, design and construction of housing shall be in accordance with the approved
construction master plan, the construction license (if any) and other relevant requirements
specified in Clause 3 Article 79 of the Law on Construction No. 50/2014/QH13.
2. The house owner and organizations and individuals relevant to the quality management and
maintenance of housing are responsible for their tasks according to law provisions and
according to the signed contracts (if any).
Article 4 Construction survey for housing
Depending on the scale of the house, the construction survey shall be carried out as follows:
1. Regarding housing with less than 7 floors, the house owner may conduct the construction
survey himself/herself or hire an eligible individual/organization to do it. If the house owner
decides not to hire an individual/organization to conduct the construction survey, he/she may
apply any of the following methods: direct inspecting via a manual dug hole to determine the
thick and quality of ground layers and to determine the expected ground layer for laying the
foundation; referring to the geological survey figures of the work, methods for treating the
foundation of adjacent works and neighboring works; referring to the geological survey figures
of the work provided by competent agencies/organizations.
2. Regarding housing with 7 floors or more, the construction survey shall be conducted by an
eligible surveying organization.
Article 5 Housing construction design
1. Regarding housing with total construction floor area smaller than 250 m2 or having less than 3
floors or having height of under 12 m, the owner may create the design himself/herself.
2. Regarding housing having less than 7 floors, except for cases specified in clause 1 of this
Article, the design must be created by an eligible organization/individual.
3. Regarding housing having 7 floors or more, the design must be created an eligible
organization/individual and must be appraised according to regulations in Point b clause 1
Article 26 of Decree No. 59/2015/ND-CP dated June 18, 2015 by the Government on
construction project management.
Article 6 Housing construction
1. Construction management
a) Regarding houses with total construction floor area smaller than 250 m2 or having less than 3
floors or having height of under 12 m, the owner may organize the construction himself/herself
and shall take responsibilities for construction safety and the impacts of such construction on
adjacent and neighboring works;
b) Regarding houses with less than 7 floors, except for cases specified in Point a of this Clause, the
construction shall be carried out by an organization/individual having experience in
construction of similar works. During the construction, any irregular signs must be discussed
with the individual/organization in charge of making the construction design for prompt
solution;
c) Regarding houses with 7 floors or more, the construction must be carried out by an eligible
organization according to regulations. The owner shall prepare document on completion of
construction according to regulations in the Appendix enclosed with this Circular and shall
notify competent State management agencies for inspection before using the work.
2. Housing construction control should include the following contents:
a) Inspection of construction methods, safety measures for adjacent and neighboring works;
b) Inspection of quality of construction materials/components and equipment before the
construction;
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c) Inspection of construction formwork and scaffold system;

d) Inspection of labor safety and environment safety measures during the construction process.
Article 7 House maintenance
1. The owner or people who manage or use houses must have their houses maintained according
to regulations; periodically conduct inspection of main bearing components (roof, column,
girder, floor, bearing wall), electromechanical system, water supply and drainage system and
elevator safety (if any); measures must be taken to solve and eliminate problems that may affect
housing safety.
2. When a house denotes being dangerous or unsafe, its owner or manager/user should
immediately report to local government for quality assessment (if necessary); and take urgent
measures like limit or stop using the house or evacuate people and properties in case the house
is likely to collapse.
2. Practice in Japan
Design, supervision & inspection in construction and maintenance of all buildings in Japan shall be
subject to the stipulations in the Building Standard Law and the Architect Law, as well as
Construction Business Act.
[Construction Permit]
Building owners for every building except total floor area less than 100 m2 for public use or total
floor area less than 500 m2 & less than 2 stories of wooden structure or total floor area less than 200
m2 for other structure shall apply construction permit to the building officers assigned in local
governments prior to construction.
[Design and Supervision]
Building owners for every building except total floor area less than 30 m2 of concrete structures or
total floor area less than 100 m2 of wooden structure shall request the registered architects design
and supervise the buildings.
[Construction]
Building owners shall contract with the contractors for construction of buildings, who have
construction business license from central or local governments.
[Inspection at Completion]
Building owners for every building applied for construction permit shall apply inspection at
completion to the building officers assigned in local governments within 4 days after completion.
[Operation and Maintenance]
Building owners for every building applied for construction permit shall request the registered
architects or similar qualified persons check and inspect the building regularly in accordance with
regulations and report the results to the building officers assigned in local governments.
3. Recommendations
In accordance with the Circular No. 05/2015/TT-BXD, the house owner may conduct the survey
(foundation etc.) with houses less than 7 floors by the owner (Article 4), may design houses less
than floor area 200 m2 or less than 3 floors or 12 m high by the owner (Article 5), and may
construct houses less than floor area 200 m2 or less than 3 floors or 12 m high by the owner (Article
6). It seems many houses may be surveyed, designed and constructed by house owners who have
no technical knowledge. Although there is stipulation for maintenance of houses in the Circular, it
is unclear whether qualified person shall conduct inspection on houses or not (Article 7).
It is recommended to regulate that qualified persons shall be involved for survey, design,
supervision, construction and maintenance of houses except minor structures by referring the
practice in Japan.
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Guideline For Quality Supervision and Inspection in Construction Works

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Guideline for Quality Supervision and Inspection

Chapter 1 Background and Procedure of Guideline Formulation ........................................................ 1-1

Chapter 3 Oversea Practice of Supervision and Inspection.................................................................. 3-1

(13) Incidents and Accidents ................................................................................................ 4-8

Appendix I Requirements of Supervisors and Inspectors in PO / PMU

Appendix II Trainings and Qualifications for Supervisions and Inspections in Japan

List of Legal Documents

Chapter 1 Background and Procedure of Guideline Formulation

1.1 Project Background

1.2 Procedure of Guideline Formulation

The answers shown the above are summarized below.

Chapter 2 Current Regulations of Supervision and Inspection in Viet Nam

consultant roles as follows in regard to quality.

the parts of works carried out by the subcontractors (Clause 3).

 Inspection of the work acceptance by the state agencies (Clause 8)

It is regulated that control experiments and quality assessment / experiments on bearing

Article 32 (Inspection of Construction Work Acceptance) stipulates the details of inspections by

 Competent agencies are as follows (Clause 2).

[Chapter V Maintenance of Construction Works (Article 37 to 45)]

[Chapter VI Incidents in Construction Works (Article 46 to 50)]

Projects consists of twenty six articles with eight appendixes.

 Evaluation of compliance on environment, fire prevention and fighting etc. (i))

 Inspection during Construction Implementation (Clause 1)

Article 15 (Maintenance responsibility) stipulates that organization for maintenance during

Article 24 (Reporting on Status of Construction Quality, Construction Management) stipulates the

2.3 Flow of Supervision and Inspection in Viet Nam