Is it Compulsory to Hire a Supervision Consultant During Construction?

Which works are required to have a supervision consultant, and which works can the investor self-monitor?

Legal grounds

– In Clause 1, Article 120 of the Construction Law No. 62/2020/QH14, it is stated: Construction works must be monitored for quality, volume, progress, labor safety and environmental protection during the process. construction. The State encourages the supervision of construction of individual houses.

– At Point a, Clause 1, Article 121  of the “Construction Law No. 50/2014/QH13” also states: “The investor has the right to carry out the supervision of the construction of the work by himself/herself when fully qualified for supervision and construction”. works and take responsibility for their own supervision.

Why is a supervision consultant required?

According to Article 26  of Decree 46/2015/ND-CP  on quality management and maintenance of construction works, construction supervision contents include:

1. Notify the duties and powers of individuals in the quality management system of the investor, the supervision consultant contractor, to the relevant contractors for coordination in implementation;

2. Check the conditions for starting the construction work according to the provisions of Article 107 of the Law on Construction;

3. Check the suitability of the construction contractor’s capacity with the bid documents and construction contracts, including: Human resources, construction equipment, specialized construction laboratories, systems quality management system of construction contractors;

4. Check the contractor’s construction method against the approved construction method design;

5. Review and approve the contents submitted by the contractor (as defined in Clause 3, Article 25 of Decree No. 46/2015/ND-CP) and request the construction contractor to correct these contents during the construction process. construction of works in accordance with reality and provisions of the contract. Where necessary, the investor shall agree in the construction contract with the contractors on the assignment of the construction supervision contractor to prepare and request the construction contractor to perform the above-mentioned contents;

6. Inspect and approve materials, components, construction products, equipment installed in the works (usually called Acceptance of input materials);

7. Inspect and urge construction contractors and other contractors to carry out work at the site according to the requirements of the construction progress of the works;

8. To supervise the implementation of regulations on environmental protection for construction works according to the provisions of the law on environmental protection; supervise safety measures for neighboring works, monitoring works;

9. To supervise the assurance of occupational safety in accordance with regulations, regulations of the contract and the provisions of the law on occupational safety;

10. Request the investor to adjust the design when detecting design errors or unreasonableness;

11. Suspend construction for construction contractors when deeming that construction quality does not meet technical requirements, construction methods are not safe. Assume the prime responsibility for, and coordinate with relevant parties in, resolving problems arising during the construction process, and coordinate in handling and overcoming incidents according to regulations;

12. Check documents in service of acceptance; check and confirm as-built drawings;

13. Organize control experiments, verify the quality of work parts, work items and construction works according to the provisions of Article 29 of Decree 46/2015/ND-CP;

14. Carry out pre-acceptance test of construction work to change the construction stage, pre-acceptance test for construction stage or construction work part, acceptance test for completion of work items or construction works according to regulations; check and confirm the completed construction volume;

15. Organize the preparation of construction completion dossiers;

16. Perform other contents according to the provisions of the construction contract.

Conclude

Thus, with any project size, the Investor can supervise the construction by themselves without having to hire a supervision consultant if they have the capacity as prescribed in Decree 59/2015 on Construction investment project management.

On the contrary, when the  Investor does not have the capacity to carry out the work of supervising construction of works, they must hire a unit capable supervision consultant to carry out.

In case the Investor is incompetent but still conducts self-supervision of construction, the local construction management agency will be sanctioned according to the provisions of Decree 121/2013/ND-CP  on Sanctions against violations. administrative violations in construction activities.

Especially, for non-professional investors (ie only doing a one-time project such as building offices, factories, etc.), “should hire a monitoring consulting unit” instead of having to build a supervisory apparatus themselves. new supervision and have to build the working process from scratch.

The role of construction supervision consultant

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