Decision No. 22/2008/QD-BGTVT Issuing the Construction Supervision Consulting Regulation for Construction Projects in the Transport Industry

Pursuant to …;

Issuing the Construction Supervision Consulting Regulation for Construction Projects in the Transportation Industry

works in the transportation industry

_________________

MINISTER OF TRANSPORT

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport:

Pursuant to Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for construction investment projects and Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP.

Pursuant to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management and Decree No. 49/2008/NĐ-CP dated April 18, 2008 of the Government amending and supplementing certain articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004;

At the proposal of the Director of the Construction Management and Quality Control Department,

Pursuant to …;:

Article 1. Attached hereto is the "Construction Supervision Consulting Regulation for Construction Projects in the Transportation Industry".

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 1562/1999/QĐ-BGTVT dated June 29, 1999 of the Minister of Transport on the issuance of the "Construction Supervision Consulting Regulation for Construction Projects in the Transportation Industry".

Article 3. The Heads of the Office, the Inspectorate, the Departments, the Director of the Construction Management and Quality Control Department, the Directors of the Specialized Management Departments under the Ministry, the Directors of Provincial Departments of Transport, and the Heads of related agencies, organizations, and individuals are responsible for implementing this Decision.

REGULATIONS

Construction supervision consulting for construction projects in

the transportation industry

(Attached to Decision No. 22/2008/QĐ-BGTVT dated October 20, 2008)

of the Ministry of Transport)

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Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Regulation governs the activities of construction supervision consulting services, uniformly applicable to all construction investment projects in the transportation industry funded by the State budget.

It is encouraged to apply this Regulation to projects funded from other sources.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Regulation applies to organizations and individuals directly participating or related to the provision of construction supervision consulting services in the transportation industry.

b) Self-established supervisory organizations by the investors to conduct their own construction supervision shall comply with specific provisions of this Regulation, consistent with their roles, functions, and assigned tasks.

Article 2. Definitions

In this Regulation, the following terms shall be understood as follows:

1. Construction supervision is a service activity that manages and supervises the construction process of construction projects according to contracts with the investor.

2. Construction supervision consulting organization is the contractor performing construction supervision consulting services according to contracts signed with the investor.

3. Individual construction supervision consultant is a person belonging to a construction supervision consulting organization or an independent practitioner of construction supervision consulting.

4. Construction design consulting organization is the contractor conducting surveys and technical designs (in three-step design) or surveys and construction drawings (in one-step or two-step design) serving as the basis for tender documents for construction projects according to contracts with the investor.

5. Construction contractor (hereinafter referred to as the contractor) is the organization carrying out construction work according to contracts signed with the investor.

6. Construction supervision practice certificate (for individuals) is a document confirming the capability to practice construction supervision, issued by the competent authority (hereinafter referred to as the certificate).

Article 3. Selection of construction supervision consulting contractors

Organizations participating in providing construction supervision consulting services for construction projects in the transportation industry must be selected through public bidding or direct assignment in accordance with current regulations.

Chapter 2.

TASKS, POWERS, AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN CONSTRUCTION SUPERVISION CONSULTING

Article 4. Tasks of construction supervision consulting organizations

Construction supervision consulting organizations have the following tasks: to arrange personnel meeting the required qualifications and necessary equipment and tools for construction supervision consulting; to organize advisory supervision offices at the site suitable for the scale and requirements of each project and construction (for transportation construction projects, see Appendix - Organizational Model of Advisory Supervision Offices for Transportation Construction Projects); to perform tasks related to quality management, progress control, quantity and cost management, labor safety, and environmental protection during the construction process. Specifically as follows:

1. Quality management (control)

a) To review and re-examine tender documents, technical instructions, contract clauses, and propose solutions to the investor regarding the resolution of existing issues or necessary adjustments (if any) in the design documents to align with reality and current regulations;

b) To review and inspect the overall and detailed construction schedules prepared by the contractor, provide opinions on their alignment with the overall schedule; to plan the deployment of supervision consultants in line with the construction schedule at different stages;

c) Based on approved design documents, technical instructions in the tender documents, current industry standards, and national standards applicable to the project, to review and approve construction drawings prepared by the contractor and submitted to the investor for approval;

d) Based on approved technical design documents and construction drawings, adjustment decisions, to review additional survey proposals made by the contractor, provide opinions to the investor for decision-making; to inspect and monitor the contractor's measurement and supplementary survey work; to check, review, and sign off or submit to the investor for approval of construction design drawings and construction methods for adjusted and supplemented contents approved by the investor and project management board, ensuring consistency with the design in the tender documents;

đ) To inspect the conditions for starting construction works in accordance with Article 72 of the Construction Law;

e) Inspect the manpower and construction equipment of the contractor brought to the construction site; confirm the quantity and quality of machinery and equipment (manufacturer's certification, testing results of equipment by organizations recognized by competent state authorities) of the main contractor and subcontractors according to the construction contract or bid documents; inspect the preparation for material stockpiling (warehouses, storage areas) and organization of the construction site (living quarters, office buildings, and other living conditions).

g) Inspect the internal quality management system of the contractor: organizational structure and quality management methods, quality control departments (from the stage of preparing construction drawing files, on-site construction quality control, internal acceptance).

h) Inspect and confirm in writing the quality of the contractor's on-site laboratory according to the tender documents; inspect the professional qualification certificates of staff, engineers, and laboratory technicians.

i) Supervise the quality of materials at the source and on-site according to technical instructions. Record minutes prohibiting the use of materials, components, equipment, and products that do not meet quality standards brought to the site by the contractor, and require their removal from the site.

k) Inspect and accept the quality of construction work of each sub-item and section upon receipt of a request letter from the contractor according to technical instructions. Inspection results must be recorded in the supervision log of the consulting supervisory organization or inspection report as prescribed.

l) Supervise sample collection and retention of control samples by the contractor; supervise the testing process and evaluation of test results by the contractor and confirm on the test report.

m) Identify construction errors, defects, damages, and incidents of project components; record incident reports or incident files according to current regulations, and submit them to the competent authority for resolution.

n) Timely inspect and evaluate the quality and work sections of project components: organize and participate in acceptance steps according to current regulations.

o) Confirm in writing that the contractor's construction results meet the quality requirements stipulated in the tender documents' technical instructions.

p) Inspect and urge the contractor to prepare completion documents, settlement, and final accounts for construction costs; review and confirm these documents to submit to the competent authority for approval.

2. Manage construction schedule

a) Inspect and confirm the overall and detailed construction schedules established by the contractor to ensure compliance with approved construction schedules.

b) Inspect and urge progress of construction. When necessary, request the contractor to adjust the construction schedule to suit actual construction conditions and other site conditions without affecting the total project schedule. Propose solutions to shorten the construction schedule without compromising quality and ensuring reasonable cost. In cases where the total project schedule is extended, the supervising consultant must assess and determine the reasons, clearly distinguishing between factors attributable to the contractor and other objective factors, and report in writing to the project owner for submission to the competent authority for consideration and decision on adjusting the project schedule.

c) Regularly inspect the contractor's capacity regarding manpower and construction equipment compared to the construction contract or bid documents and actual construction; request the contractor to supplement or report and propose to the project owner additional or replacement contractors or subcontractors when necessary to ensure progress.

3. Manage volume and construction cost

a) Inspect and confirm the volume of work meeting quality standards and unit prices as prescribed by the contractor, compare with the contract documents, approved construction drawings, and actual construction to include in monthly or periodic payment certificates, based on the contract requirements and as the basis for appropriate payment according to prescribed regulations.

b) Propose solutions and promptly report to the project owner about new volumes of work outside the contract due to changes from approved designs. After obtaining written agreement from the project owner, review and inspect design documents, calculate volumes and unit prices adjusted or supplemented by the contractor, prepare reports, and propose to the project owner for approval.

c) Monitor and inspect adjustments, price escalation, and price fluctuations: implement the project owner's requirements for establishing and reviewing supplementary budgets and adjustments; guide and inspect the contractor's preparation of price escalation and adjustment documents for price fluctuations according to contract provisions or current laws.

d) Receive and guide the contractor in preparing change orders and modified contract appendices. Propose to the project owner solutions for resolving contract disputes (if any).

4. Manage labor safety and environmental protection

a) Inspect the contractor's construction organization measures and safety assurance during construction. Inspect the labor safety and environmental management system, implementation, and dissemination of safety measures and rules to individuals involved in the project by contractors.

b) Regularly inspect and request the contractor to ensure labor safety and environmental protection at the construction site.

5. Inspect and require the contractor to implement traffic safety measures and traffic organization, especially for ongoing transportation infrastructure upgrade, improvement, and expansion projects.

6. Other issues

a) Participate in resolving incidents related to construction projects and report to the competent authority according to current regulations.

b) Prepare regular (monthly, quarterly, annually) and ad hoc (when required or deemed necessary) reports to the project owner. Main contents to be reported: project implementation status; consulting firm activities (mobilization and deployment of forces, contract fulfillment results); proposals and recommendations.

c) Receive, compare, and guide the contractor to handle the results of inspections, appraisals, and re-inspections by functional agencies and the project owner.

7. Participate in the foundation acceptance council according to current regulations.

Article 5. Rights of the supervising consulting organization

1. Accept completion inspection of construction works that ensure quality, in accordance with approved design documents and meet technical standards of the project, current procedures, and regulations.

2. Require contractors to perform in accordance with the contract.

3. Reserve opinions on supervisory work they undertake.

4. Propose to the project owner to change or adjust unreasonable points in the design drawings, technical instructions of the tender documents, and other issues as prescribed by current regulations.

5. Cease the use of materials and components that do not meet standards, do not ensure quality upon delivery to the construction site, and require their removal from the site.

6. Suspend construction when: discovering that the contractor improperly arranges manpower, materials, and equipment types and quantities not in accordance with the signed contract or approved tender documents; discovering that the contractor does not construct according to procedures, regulations, and technical instructions in the tender documents and approved design documents; construction methods affecting adjacent projects, causing environmental pollution, failing to ensure labor safety, traffic safety as stipulated in the contract with the project owner.

7. The consulting engineer supervisor shall be equipped with necessary devices to inspect the quality of construction works performed by the contractor according to the specific nature of each project.

8. Other rights as prescribed by law.

Article 6. Obligations of the consulting supervision organization

1. Fully implement all terms of the contract signed with the project owner. Bear responsibility before the project owner and the law for the work carried out by their organization according to the signed contract.

2. Carry out construction supervision in accordance with their business capacity and scope of operation recorded in the business registration certificate and as prescribed by law. Arrange personnel with consulting supervision certificates and sufficient qualifications to carry out supervision. Do not use the name of another consulting supervision organization to participate in selecting and signing contracts for construction supervision consulting services.

3. Refuse acceptance when the contractor's construction does not meet quality requirements and other unreasonable requirements of related parties.

4. Purchase professional liability insurance.

5. Shall not collude with contractors or project owners and engage in other acts that distort supervision results or acceptance of incorrect volumes.

6. When discovering violations by the contractor during construction regarding quality and provisions in Clause 6, Article 5 of this Regulation, request the contractor to stop construction and comply with the signed contract with the project owner or rectify consequences. After suspending construction, immediately notify the project owner in writing for them to consider and decide.

7. Compensate for losses when intentionally distorting supervision results for construction volumes not in accordance with design, not complying with construction standards and technical instructions of the project.

Article 7. Tasks, powers, obligations of the Chief Consulting Supervisor (Project Director)

1. The Chief Consulting Supervisor (Project Director) is the highest legal representative at the construction site of the consulting supervision organization, directly authorized by the consulting supervision organization to manage and direct the consulting supervision unit to perform tasks, powers, and obligations stipulated in this Regulation and according to the terms of the contract signed between the consulting supervision organization and the project owner.

2. Tasks of the Chief Consulting Supervisor

a) Organize and assign work to groups and members of the consulting supervision organization at the construction site, through the consulting organization to report or report directly to the project owner and inform relevant units;

b) Supervise and urge the implementation of consulting supervision by groups and members of the consulting supervision organization according to the signed contract;

c) Coordinate with related parties to resolve difficulties and issues arising during construction;

d) Summarize and prepare regular reports (monthly, quarterly, annually) or ad hoc reports as required or upon request of the project owner.

3. Powers of the Chief Consulting Supervisor

The Chief Consulting Supervisor has the right to veto opinions and work results that do not comply with technical instructions, standards, procedures, and tender documents of their consulting supervision organization.

4. Obligations of the Chief Consulting Supervisor

The Chief Consulting Supervisor is primarily responsible to the consulting supervision organization and the project owner for managing and directing the consulting supervision unit at the construction site, performing consulting supervision work according to the signed contract.

Article 8. Tasks, powers, obligations of the Chief Consulting Supervisor, resident consulting engineer, specialized consulting engineer, and supervisor.

The resident consulting engineer (hereinafter referred to as the resident engineer) represents the Chief Consulting Supervisor, manages the consulting supervision group, performs consulting supervision tasks within the authority delegated by the Chief Consulting Supervisor in one or more packages of the project.

1. The specialized consulting engineer (hereinafter referred to as the specialized engineer) assists the Chief Consulting Supervisor and the resident engineer; checks the contractor's construction drawings and construction methods; resolves technical difficulties during construction: accepts quality, volume, and signs confirmation upon receipt of the contractor's request as assigned by the Chief Consulting Supervisor; reports to the Chief Consulting Supervisor or resident engineer about completed work, issues requiring resolution before making decisions; other tasks assigned by the Chief Consulting Supervisor.

2. The supervisor is a person who monitors and directly inspects the construction process of the contractor at the site to ensure compliance with the construction drawings, approved construction methods, and project technical standards; the supervisor must immediately report to the resident engineer or the specialized consulting supervising engineer and remind the contractor of any discrepancies or potential errors during construction compared to the design or approved construction methods; the supervisor must be present at the site regularly to guide, remind, monitor, and record details related to the contractor's construction items as assigned by the resident engineer; the supervisor is responsible before the resident engineer, chief consulting supervising engineer, and the law for any deficiencies caused by themselves.

Chapter 3.

CONDITIONS AND CAPABILITIES OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN CONSULTING SUPERVISION

Article 9. Conditions and capabilities of organizations providing consulting supervision

1. Organizations implementing consulting supervision work must have legal personality and meet the conditions and capabilities appropriate to the classification and categorization of projects and tasks as stipulated in Article 62 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government.

2. Consulting supervision organizations with Class 1 capability may undertake consulting supervision work for construction projects of special grade, Grade I, II, III, and IV in transportation construction projects or transportation construction projects in Group A, B, and C.

3. Consulting supervision organizations with Class 2 capability may undertake consulting supervision work for construction projects of Grade II, III, and IV in transportation construction projects or transportation construction projects in Group B and C without projects of Grade I or special grade.

Article 10. Conditions and capabilities of individuals participating in consulting supervision of transportation construction projects: Chief consulting supervisor, resident engineer, specialized engineer, and supervisor.

1. Chief consulting supervisor: Must have a certificate for practicing construction project supervision. Depending on the scale, category, and complexity of the project, the chief consulting supervisor must meet one of the following criteria:

a) Projects in Group A: At least 7 consecutive years of experience in consulting supervision, design, and construction of transportation construction projects; has served as chief consulting supervisor (project director) or co-project leader (ODA project) or deputy chief consulting supervisor (deputy project director) of a Group A project, or has served as director, deputy director of design, or construction director of a Group A project, or has served as chief consulting supervisor of two Group B projects.

b) Projects in Group B: At least 5 consecutive years of experience in consulting supervision, design, and construction of transportation construction projects; has served as chief consulting supervisor or assistant resident engineer (ODA projects) or deputy chief consulting supervisor of a Group B project, or has led design, or served as deputy construction director of a Group A project, or two Group B projects, or has served as chief consulting supervisor of two Group C projects.

c) Projects in Group C: At least 5 consecutive years of experience in consulting supervision, design, and construction.

2. Resident engineer: Must have a certificate for practicing construction project supervision; at least 5 consecutive years of experience in consulting supervision, design, and construction, or has served as chief consulting supervisor or design leader or construction director of a Group B project.

3. Specialized engineer (engineers with training in a relevant field suitable for the specific professional requirements of the project): Must have a certificate for practicing construction project supervision and are categorized as follows:

a) For Group A projects: Engineers with at least 5 consecutive years of professional experience in design, consulting supervision, and construction of transportation construction projects, having participated in consulting supervision of Group B projects.

b) For Group B projects: Engineers with at least 5 consecutive years of professional experience in design, consulting supervision, and construction of transportation construction projects.

c) For Group C projects: Engineers with at least 5 consecutive years of professional experience in design and consulting supervision of transportation construction projects.

4. Supervisor: Must have a certificate for practicing construction project supervision; possess professional capabilities in consulting supervision of transportation construction projects; have at least 5 years of work experience for engineers and 7 years for associate degree level.

5. Consulting organizations must have labor contracts with consulting engineers and supervisors assigned to the project in the following forms:

a) Chief consulting supervisor and resident engineer: Indefinite-term labor contract.

b) Specialized engineer (main specialty or profession): Labor contract with a term not less than the duration of the project.

c) Supervisor: Labor contract with a term exceeding one year or equal to the project duration.

Article 11. Conditions for foreign organizations and individuals to participate in consulting supervision in Vietnam

Foreign organizations and individuals practicing consulting supervision in construction projects in the transportation sector in Vietnam must meet the conditions of capacity as stipulated in Article 67 of Decree No. 16/2005/NĐ-CP dated February 7, 2005, of the Government, and the provisions set out in Articles 9 and 10 of this Regulation.

Chapter 4.

RELATIONSHIP BETWEEN THE CONSULTING SUPERVISION ORGANIZATION AND THE INVESTOR, CONTRACTOR, DESIGN CONSULTANT, AND LOCAL AUTHORITIES

Article 12. Relationship between the consulting supervision organization and the investor

1. The relationship between the consulting supervision organization and the investor is contractual. The consulting supervision organization must fulfill the contents of the signed contract and current laws, ensuring honesty, objectivity, non-profitability, and advising the investor not to make unreasonable demands. The investor shall not unilaterally change the scope of authorization or intervene in ways that affect the honesty, objectivity, and non-profitability of the consulting supervision organization.

2. The consulting supervision contract between the investor and the consulting supervision organization must fully reflect the tasks, rights, and obligations of each party. The scope of rights and obligations of the consulting supervision organization must be clearly stated in the contract between the investor and the contractor, consistent with the content of the authorization in the contract between the consulting supervision organization and the investor, and comply with current regulations.

Article 13. Relationship between the consulting supervision organization and the contractor

1. The relationship between the consulting supervision organization and the contractor is a supervisory-supervisee relationship. The rights and obligations of each party are defined in the contract between the investor and the contractor and according to current regulations.

2. The relationship between the consulting supervision organization and the contractor must ensure the following requirements:

a) Each party must create conditions for the other party to perform their tasks well, cooperate to resolve difficulties during project implementation, not cause obstacles or make unreasonable demands on the other party. Promptly identify and improve operational procedures, especially those concerning acceptance and payment to facilitate timely disbursement and expedite the project's progress (contract package).

b) The contractor must promptly notify the consulting supervision organization in writing about the time, location, and content of work commencement, and the completion of work as specified in the tender documents and approved by the internal quality control system. The notification must be sent to the consulting supervision organization at least 24 hours in advance.

c) When the consulting supervision organization requests the contractor to perform tasks in accordance with the contract, the contractor must promptly and fully comply.

d) The consulting supervision organization and the contractor, as well as their employees, may not exchange any benefits outside the contract or contrary to the law.

e) In case of disagreement between the consulting supervision organization and the contractor that cannot be resolved, it must be reported to the competent authority for resolution in a timely manner.

Article 14. Relationship between the consulting supervision organization and the design consultant

The relationship between the consulting supervision organization and the design consultant is a cooperative relationship based on exchanging information, checking, and correcting errors to perfect the approved design documents by updating necessary data relevant to the actual implementation of the project, specifically:

1. Checking and reporting errors in the technical design documents (tender documents for construction works) that have been approved to the competent authority for review and decision.

2. In cases of significant changes to the technical design documents (tender documents for construction works), the consulting supervision organization should consult with the design consultant and report to the competent authority for review and decision.

Article 15. Relationship between the consulting supervision organization and local authorities

The consulting supervision organization must closely coordinate with local authorities and residents in resolving issues related to the project during its construction phase; comply with national laws, follow local policies related to the project, respect local customs and beliefs; pay particular attention to traffic safety inspections, environmental sanitation, especially for upgrading and renovation projects.

Chapter 5.

REGIME AND RIGHTS OF CONSULTING SUPERVISORS AND VIOLATION HANDLING

Article 16. Regime and rights of persons performing consulting supervision work

1. Persons performing consulting supervision work are provided with accommodation, office space, means of transportation at the site, including office equipment, communication facilities, labor protection tools, and necessary equipment for inspecting contractors' construction work. The costs for these items are included in the total consulting supervision fees in the contract value between the investor and the consulting supervision organization, or the investor provides these conditions if such costs are not included in the contract.

2. The working hours of persons engaged in consulting supervision work are carried out according to the terms of the contract and in compliance with labor laws. If the investor or contractor requires additional hours from the consulting supervision organization during peak construction phases, the investor or contractor must negotiate with the consulting supervision organization based on labor law provisions regarding overtime pay for consulting supervisors.

3. In cases where the project duration exceeds the schedule specified in the bidding plan and contract due to reasons not attributable to the consulting supervision organization, the additional costs incurred by the consulting supervision organization due to the extended period shall be negotiated and agreed upon by the investor and the consulting supervision organization to be supplemented into the contract already signed between the investor and the consulting supervision organization in accordance with current regulations, including the costs mentioned in Clause 1 of this Article.

4. Consulting supervision organizations that provide consulting supervision services for projects or works that are considered high-quality projects by the State and completed within the required timeframe will be rewarded and given priority in selecting consulting supervision services for subsequent projects.

Article 17. Handling of violations

Depending on the nature, level of violation, and consequences arising, organizations and individuals involved in construction supervision consulting work in the transportation sector shall be subject to current regulations, and in addition, may be subject to one of the following forms of handling:

1. Consulting supervision organizations that are assessed as failing to complete their tasks and violating contracts signed with the project owner, depending on the extent, will not be allowed to participate in bidding or designated tendering for consulting supervision work from six months to one year;

2. Forced to replace consultants who do not meet the prescribed capacity conditions; prohibited from participating in consulting supervision work from six months to one year if found to have committed violations such as breaching professional ethics (for all consultant positions), overlooking contractor errors, abusing authority for personal gain, and other violations not reaching the level of revoking certificates;

3. Certificates of consultants will be revoked if they commit serious offenses such as breaching professional ethics, intentionally distorting monitoring results regarding the quantity and quality of construction as stipulated by the project and laws;

4. In cases where there are acts of law violation or violations causing severe damage to the property and interests of the project owner, compensation for damages must be provided and criminal responsibility pursued according to the provisions of the law;

Article 18. Implementation Provisions

1. The Construction Management and Transportation Project Quality Control Department shall be responsible for monitoring and inspecting the implementation of this Regulation;

2. During the implementation process, if there are difficulties or new issues, relevant works and individuals shall promptly report to the Ministry of Transport for consideration and adjustment to ensure compliance.