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Legal Update

New Regulations on Quality Management of Construction Works

4 August 2008
Mayer Brown JSM Legal Update


Use of Forms
Several forms on check and acceptance of construction survey, design, implementation of construction issued under Decree 209 shall be abolished. Decree 49 now provides only general information and items that needs to be included in the reports on those issues. The investors can use their self-constructed forms or other standard forms with inclusion of mandatory items.

Other issues
In respect of certification on weight-bearing safety and quality appropriateness of construction works, Decree 49 no longer provides detailed categorization of construction works of which an incident would cause disaster during operation. Further guidance, therefore, is necessary for proper application of the regulation.

This amendment also extends the category of persons who can request the certification of quality appropriateness of construction works, including competent State authorities, investors at the request of insurers, individuals and organizations who purchase, manage or utilize the construction works. This seems to be an important change to protect the right of the buyers and users of construction works. Previously, only the Prime Minister can request such certification and only for important works.

For further information, please contact:
Dao Nguyen ( )
Hoang Anh Nguyen ( )
Hong Nang Nguyen ( )

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