The pre-acceptance test of construction works is an important stage in the construction process and contributes to ensuring whether the construction meets standards and can be handed over for use or not. This is also an activity that parties are interested in when intending to cooperate in construction because of its importance in terms of construction quality and execution of any project or work. Therefore, in this article, TNTP lawyers will clarify the basic issues of the pre-acceptance test of construction works so that readers can better understand this issue.
1. What is the pre-acceptance test of construction works?
• Although the construction law does not have specific regulations on the concept of construction acceptance, based on Article 123 of the 2014 Construction Law, we can understand that the pre-acceptance test of construction works is the process of checking, receiving, and testing construction after construction is completed. More specifically, pre-acceptance is the process of checking whether the construction meets quality requirements or not, thereby concluding whether the completed construction fully meets the factors of standards, design drawings, and other relevant technical regulations.
• Or, to make it easier to understand, the pre-acceptance test of construction works is the process of checking the construction quality before the project is handed over for use.
• In addition, related to the acceptance activity, there is a pre-acceptance report made during the process of checking and assessing the quality of the projects of the project. In other words, the pre-acceptance report is a document recording the pre-acceptance process.
In general, the pre-acceptance test of construction works is one of the very important steps for all types of real estate before handing over the project and the pre-acceptance report is a document created to record that pre-acceptance process.
2. Process of pre-acceptance test of construction works
Pursuant to Clause 1, Article 123 of the Construction Law 2014, pre-acceptance test of construction works includes:
(i) Pre-acceptance test of construction works in the process of construction and pre- acceptance test of transitional construction stages when necessary;
(ii) Pre-acceptance test of completed work items or construction works before being put into operation or use.
The pre-acceptance test of construction works is specifically stated in Articles 21, 22 and 23 of Decree 06/2021/ND-CP as follows:
2.1. Pre-commissioning tests
• Based on the plan for testing and inspection of construction works and the actual construction schedule at the construction site, the person directly supervising the construction and the person directly in charge of construction techniques of the construction contractor can carry out the pre-commissioning test of construction works and take responsibility for the results of the evaluation of the quality of construction works that are completed and undergo the pre-commissioning test. Pre-commissioning test results must be endorsed in a report.
• Construction supervisors must refer to the approved documentation on the construction drawing, technical regulations, applied technical regulations, and results of quality inspection and testing of building materials and equipment which are made available during the construction process and related to the tested objects to check the construction works subject to the pre-commissioning test requirements.
• Construction supervisors must conduct the pre-commissioning test of construction works within 24 hours after receipt of the construction contractor’s request for the pre-commissioning test of construction works. In case of refusal of the request for the pre-commissioning test, the written notification clearly stating the reasons for such refusal must be sent to the construction contractor.
• The written report on the pre-commissioning test of specific construction works or multiple construction works in a construction item according to the construction order. The written report on the pre-commissioning test of construction works must include the contents prescribed by law.
Thus, at this stage, the person directly supervising the construction and the person directly in charge of construction techniques in charge of construction techniques play an important role in supervising the construction project in accordance with technical standards, design documents, and construction drawings to have accurate assessment results and record them in the written report on the pre-commissioning test of construction works according to regulations.
2.2. Pre-commissioning testing at the construction stage, or of the construction project constituent
• Based on the specific conditions of each project, the investor and related contractors may, of their own choice, reach agreement on the organization of the pre-commissioning test at the construction phase or of the construction project constituent in the following cases:
– At the end of a construction phase or upon completion of a construction project constituent, it shall be necessary to carry out the inspection and the pre-commissioning test to assess the quality before moving to the next construction stage;
– Upon completion of a construction package.
• The pre-commissioning test at a construction stage or of a construction project constituent shall be carried out on the basis of checking whether the results of the works which have been tested according to regulations, results of the test, inspection, experiment or test run are conformable to technical requirements according to construction design regulations and legislative documents in accordance with relevant laws during the construction stage for the purpose of assessment of pre-commissioning test conditions of agreements between the involved parties.
• Investors and related contractors may, of their own accord, reach agreement on the time of the pre-commissioning test, the order, contents, conditions and participants in the pre-commissioning test. In such case, test results must be endorsed in report.
It can be seen that this is the pre-acceptance stage after the completion of construction work so that the project can be inspected and pre-accepted by the investors and contractors. Depending on the design or characteristics of the project, the investor and contractors can agree to pre-accept according to the construction stage or pre-accept according to the construction project constituent.
2.3. Tests of completion of construction items or projects before putting them into operation
• Tests of completion of construction items or projects:
Before putting them into operation, an investor shall be responsible for undertaking and directly participating in tests of all of construction items or the entire project if the following requirements are satisfied:
– The construction works are completely and fully performed according to the approved design documents;
– The test of construction works, project constituents, and at the construction stage is fully conducted in accordance with Articles 21 and 22 of this Decree 06/2021/ND-CP;
– Results of the test, inspection, experiment or test run conform to technical requirements set out in construction design rules;
– Complying with legislative regulations on fire prevention and fighting, environmental protection and other relevant provisions of laws.
• The conditional test or the test of specific constituents of the construction project:
– The investor may decide to conduct the conditional test before putting a construction item or construction project into temporary operation in case the basic construction work has been completed according to the design requirements, but there are still some issues related to quality that do not affect the integrity, longevity and usability of the work; the project meets eligibility requirements for operation and comply with relevant specialized laws.
– In case where a constituent of the construction work is completed and meets the conditions according to regulations, the investor may decide to conduct the pre-commissioning test of this constituent before putting it into temporary operation. Pre-commissioning test results must be certified by a report containing the information which must clearly elaborate on the project constituent to be tested.
• Conditions for bringing the construction project or construction project item into operation or in use:
– Construction works and construction items are pre-accepted according to regulations.
– As for the construction projects specified in Clause 1, Article 24 of this Decree, the pre-commissioning tests thereof must be inspected by the competent state authorities specified in Clause 2, Article 24 of this Decree and results of the test specified at Point a of this Clause must obtain the written approval granted by investors.
– For the construction projects using public investment capital or state capital other than public investment capital, investors shall only be allowed to settle construction contracts after obtaining the above-stated written approval of test results.
– For the construction works constituting a PPP project, the above-stated written approval of the pre-commissioning test results shall serve as a basis for the PPP project enterprise to prepare request documentation for work completion certification.
As the name of the process, this is the stage where the construction has been completed and needs to be pre-accepted to ensure that the construction meets the standards of completion levels of each part and item and is safe to put into use. Therefore, depending on construction, it will need to meet the conditions for putting it into use after being inspected and accepted according to regulations or according to the approval of state agencies.
Thus, the pre-acceptance test of construction works needs to be divided into each step or each stage of the construction process to ensure that the construction at each pre-acceptance time will not miss any construction errors or poor quality, affecting the completion and safety of the construction when put into use in the future.
Finally, the pre-acceptance test of construction works is considered an important activity in assessing the quality and safety of the construction; helping to promptly detect and repair defectives in the construction.
Above is an article by TNTP lawyer on “What is pre-acceptance test of construction works? Process of pre-acceptance test of construction works”. Hopefully this article will be helpful for readers and investors or contractors to refer to when planning future constructions.
Sincerely,
