Library

Decree 46/2015/ND-CP on the Quality Management and Maintenance of Construction Works

On May 12th 2015, the Government issued Decree 46/2015/ND-CP on the quality management and maintenance of construction works, which entered into force on July 1st 2015. The Decree stipulates that construction contractors and equipment supply contractors must be responsible to investors on warranty for the part of jobs they have done.

For construction items, new construction work or renovation, upgrading, the minimum warranty period is 24 months from the date of acceptance (for the construction works, construction items belong to special level and level I); not less than 12 months for the construction works and construction items belong to the remaining levels. As for housing, the warranty period shall comply with the provisions of the law on housing, namely, not less than 60 months for condominiums from 9 floors or more and other types of housing that are built by the State budget; not less than 36 months for apartment from 4 – 8 floors and minimum of 24 months with the remaining houses.

In addition, the Decree also stipulates about the minimum amount of guarantee for works using State capital. Accordingly, for the construction works belong to special level and level I, the minimum guarantee amount will equal to 3% of the contract value; with construction works belong to the remaining levels, the minimum guarantee amount will at least equal to 5% of the contract value. For construction works that use other sources of capital, we can refer to the above minimum amount of guarantee to apply.

Also under this Decree, the owner or manager using construction works must check frequently, regularly and irregularly to timely detect signs of deterioration and damage of the works, equipment installed in works as basis for the maintenance of works; the maintenance must be carried out under an annual maintenance plan and the maintenance procedure should be approved…

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have law firm in Hanoi, law firm in Ho Chi Minh City and law firm in Da Nang

How ANT Lawyers Could Help Your Business?

You could learn more about ANT Lawyers Construction Works or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

ANT Lawyers

Recent Posts

The Employment in Vietnam Guide: 12 Key Legal Answers for Foreign Companies Entering the Market

Foreign companies entering Vietnam's thriving market face unique legal questions, especially around employing local talents.…

6 days ago

13 Critical Steps To Respond to Thailand’s Tough Anti-Dumping Investigation on Cold Rolled Stainless Steel

On October 3, 2024, Thailand’s Department of Foreign Trade (DFT) had officially launched an anti-dumping…

3 weeks ago

Anti-Dumping Investigation on Wood Fiber Boards from Thailand and China (AD21)

On September 25, 2024, the Ministry of Industry and Trade officially initiated an anti-dumping investigation…

1 month ago

Kick-Off Event of the 2024 International Mediation Writing Competition in Vietnam

The Weinstein International Foundation (WIF) has officially launched the 2024 International Mediation Writing Competition (IMWC2024).…

1 month ago

The 2024 Law on the Organization of Courts in Vietnam: Judicial Reform Towards Transparency

In recent years, Vietnam has continuously enhanced its legal framework to meet the demands of…

1 month ago

Real Estate Tax Policy in Vietnam: 10 Insights for Understanding the Challenges and Opportunities

Vietnam’s dynamic economic growth and hot real estate market have drawn the attention of investors…

2 months ago