Post-construction maintenance is a crucial phase to ensure that the construction maintains its quality, durability, and safety. However, determining the maintenance responsibilities among the involved parties (investor, contractor, and operations management unit) often leads to complex legal issues. Through this article, TNTP will analyze the legal regulations concerning the maintenance of construction works and clarify the responsibilities of each party.
1. Legal regulations on the maintenance of construction works
According to the Construction Law 2014 and Decree 06/2021/ND-CP on quality management and maintenance of construction works, the maintenance of construction works is specifically regulated as follows:
a. Definition of construction maintenance
According to Clause 13, Article 2 of Decree 06/2021/ND-CP, maintenance of construction works refers to a set of activities to ensure and maintain the normal, safe operation of the construction works in accordance with the design specifications during the operation phase. The maintenance activities may include one, some, or all of the following tasks:
– Examination: Assessing the current condition of the construction.
– Observation: Observing and measuring technical parameters to evaluate the stability of the construction.
– Quality inspection: Determining the quality and safety of the construction.
– Maintenance: Maintaining the normal operation of the construction.
– Repairs: Fixing damages or malfunctions to ensure safety and operational capability.
– Addition and replacement of a construction work and equipment: Ensuring the construction operates efficiently without altering its functionality or scale.
b. Classification of construction work maintenance
– Periodic Maintenance: Conducted according to a predetermined plan to maintain the quality of the construction.
– Non-Periodic Maintenance: Performed when a part of the construction or the entire construction is damaged due to sudden impacts such as wind, storms, floods, earthquakes, collisions, fires, or other unforeseen factors. It is also carried out when a part of the construction or the entire construction shows signs of deterioration that may affect the safety of its use, operation, and exploitation.
c. Construction maintenance process
The construction maintenance process includes several key aspects to ensure the structure is maintained and operated safely and efficiently throughout its service life. Some key aspects of this process include:
– Technical specifications and technology of the structure, structural components, and equipment;
– Objects, methods, and frequency of structural inspections;
– Guidelines for periodic maintenance and replacement of installed equipment;
– Methods for repairing damage and addressing deterioration;
– Service life of the structure and related components;
– Safety assessment regulations during operation;
– Periodic inspection: timing, objects, and scope;
– Structural monitoring: timing, methods, and frequency;
– Maintenance records and information updates;
– Other instructions on occupational safety and environmental sanitation during maintenance.
2. Responsibilities of parties in construction maintenance after completion
a. Responsibilities of the construction design contractor
– The construction design contractor is responsible for preparing and handing over the construction maintenance process and structural component maintenance procedures to the project owner, along with the detailed design documents following the basic design phase. The contractor must also update the maintenance process to reflect any design modifications made during construction (if applicable).
– The contractor responsible for developing the maintenance process must amend or supplement it in case of errors attributable to their own fault. Additionally, they have the right to refuse unreasonable adjustment requests from the owner or the facility manager.
b. Responsibilities of the contractor supplying installed equipment
– Prepare and hand over to the project owner the maintenance procedure for the equipment they supply before installation in the construction.
c. Responsibilities of the project owner
– Organize the preparation and approval of the maintenance procedure in accordance with legal regulations or hire a qualified consulting unit to verify part or all of the construction maintenance procedure prepared by the design contractor as a basis for approval.
d. Responsibilities of the owner or the manager or the user of the construction project
– Formulating and approving the construction maintenance procedures: The owner or construction manager may hire consultants to evaluate the contractor’s maintenance procedures as a basis for approval. If unreasonable aspects affecting construction quality are found, they have the right to make adjustments and bear responsibility for the adjustment. If the contractor refuses to modify the procedures, the owner may hire another qualified entity. When maintenance standards change, the owner must comply with the new standards and approve the revised procedures unless otherwise specified by law.
For Grade III constructions, private houses, and temporary structures, separate maintenance procedures are not mandatory unless otherwise required by law. However, the owner must still carry out maintenance under legal regulations.
– Carrying out construction maintenance: The owner or the manager and user of the construction work must organize inspections, maintenance, and repairs according to the approved maintenance procedure if they have the necessary qualifications or hire a qualified organization to carry out the work. Regular and ad hoc inspections help promptly detect signs of deterioration or damage, ensuring maintenance is conducted according to the annual plan. When multiple owners share the property, in addition to maintaining their private portions, they must also maintain common property as required by law.
– Quality management of construction maintenance work: The owner of the construction work is responsible for inspecting and supervising the quality of maintenance, performing maintenance according to the procedure, and recording results. They must conduct acceptance testing for repairs, maintain records, and ensure repair work includes a warranty.
In cases where the construction work requires monitoring or quality assessment, the owner or manager may hire a qualified organization to inspect its quality. Additionally, the owner or manager is responsible for receiving and managing maintenance documentation from the investor.
e. Responsibilities of the state’s construction authority
– Guiding, inspecting, and supervising the implementation of building maintenance, specifically: Issuing maintenance standards for construction works, and guiding investors and management units to ensure maintenance is carried out in accordance with regulations.
– Handling violations if the owner or management unit fails to perform maintenance as required: Imposing administrative fines for failing to carry out maintenance, demanding corrective actions, and suspending the use of the building if it is unsafe.
– Issuing technical regulations and standards for building maintenance: Developing maintenance standards for each type of building, and regulating the procedures for inspecting and assessing the quality of construction works.
3. Sanctions for violations in the maintenance of construction works
According to Decree 16/2022/ND-CP, violations of regulations concerning the maintenance of construction works may be subject to administrative fines as follows:
– A fine ranging from 30,000,000 VND to 400,000,000 VND for failing to establish a maintenance procedure or for establishing a maintenance procedure that does not fully comply with the required contents.
– A fine ranging from 10,000,000 VND to 20,000,000 VND for failing to approve the maintenance procedure as required.
– A fine ranging from 40,000,000 VND to 60,000,000 VND for acts such as: failing to inspect, verify, assess the quality, and report on extending the use of a building past its expected lifespan; failing to carry out building monitoring as prescribed; or using outdated technical standards for maintenance.
The maintenance of construction works is a critical responsibility of investors, owners, managers, contractors, and regulatory authorities. Proper maintenance not only ensures the quality of the building but also contributes to safety and effective use. All involved parties must strictly adhere to legal regulations to avoid legal risks and ensure the long-term benefits of the building.
Above is the article “Regulations on the responsibilities of the parties in the maintenance of construction works” sent to our esteemed readers by TNTP. TNTP hopes this article is helpful to our readers.
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