For construction projects involving many parties, the rights and responsibilities of the general construction contractor are clearly stated in the signed contract and clearly stipulated according to Vietnam’s Construction Law, specifically in Decree 37. /2015/ND-CP
Responsibilities of the general contractor during construction
Construction organization and management
After taking over the construction site, the general contractor is responsible for establishing a construction management document; clearly state the organizational chart and responsibilities of each individual in construction management and notify investors and relevant parties.
In addition, the contractor needs to submit plans to the investor for approval such as: management plan on labor safety; management plan on materials and equipment control; construction methods; construction schedule; quality inspection plan, project acceptance and other contents according to the contract.
After construction management plans are approved by the investor, the contractor starts the construction process in accordance with the given design and plan.
Construction schedule and quality control
The general contractor’s responsibilities also include controlling project quality and construction progress, completing items and handing them over to the investor according to the signed contract.
During the construction process, the general contractor is responsible for organizing the inspection, testing of construction materials and equipment before and during construction meeting the design requirements and contract regulations.
In addition, the responsibilities of the general contractor also include making a construction construction diary and using labor safety costs in construction for the right purpose.After completing the project acceptance procedures, the general construction contractor’s responsibility is to handover the site, move the machinery, equipment and materials out of the construction site according to the signed contract.
Labor safety control
According to regulations on general contractors, the person in charge of labor safety management of the contractor is responsible for implementing the labor safety plan approved by the investor. Contractors need to coordinate with relevant parties to inspect and review plans and safety measures and then propose adjustment plans appropriate to actual situations.
The contractor is responsible for training/educating workers to identify dangerous factors that can cause accidents and measures to prevent accidents during construction; Check, monitor and manage the number of workers on the construction site to ensure workers comply with labor safety requirements.
When detecting violations or incidents causing unsafe work conditions, the person in charge of labor safety management of the contractor must take timely measures and temporarily suspend construction in case of high risk work, suspend labor participation for workers who do not comply with labor safety regulations.
Responsibilities of the general construction contractor to the investor
Quality and construction schedule control as written in the contract
The general contractor’s responsibility to the Investor is to execute the construction in accordance with the contract,the design drawings and the construction permit; Report to the investor on progress, quality, work quantities, labor safety and environmental sanitation as mentioned in the contract. During the construction process, the contractor needs to promptly notify the investor if there are differences between the design documents and actual conditions; Control construction quality as mentioned in the contract. In addition, quality management records of each construction item must also be consistent with the actual construction time at the construction site.
Defect repair on items undertaken by the general contractor
The general contractor is responsible for repairing defective items undertaken by the general contractor, performing construction experiments, surveying and monitoring works meeting design requirements and checking and testing single-function and all-function according to plan before requesting acceptance.
Warranty and maintenance as written in the contract
The general contractor will be responsible to the investor and Vietnamese law for engineering, construction quality and other commitments within the time specified in the contract. Particularly for machinery and equipment, the warranty period depends on the manufacturer. In case other parties appointed by the investor impact the work items the contractor has constructed, the contractor will not be responsible for warranting that item.
Responsibilities of the general construction contractor to the subcontractors
The general contractor is responsible for managing subcontractors, inspecting construction work for items performed by subcontractors, ensuring that subcontractors’ construction does not damage the project or affect the security of the project.
The general contractor will be responsible to the investor for progress as well as errors in the work undertaken by subcontractors. In addition, the general contractor is not allowed to reassign all work to subcontractors. The general contractor is also responsible for controlling the schedule and quality of items performed by subcontractors, ensuring they meet the requirements of legal regulations and construction contracts.
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