0. Before you start reading
To see the “big picture” before diving into the techniques of acceptance, handover, warranty and maintenance, you are encouraged to read:
- The overview article: Summary of the main contents of the Construction Law 2014 – amended 2020.
- Article 1: Scope of regulation and subjects of application.
- The previous articles in this 13-article series, especially:
- Article 4: Project management of construction investment.
- Article 5: Construction design.
- Articles 7 & 8: Contractor selection and construction contracts.
- Article 9: Construction quality management during execution.
- Article 10: Occupational safety in construction.
In this way, the topic acceptance – handover – warranty – maintenance in Article 11 will “mesh” logically with the project management, construction and quality system that INDUSVINA is building.
I. Legal framework for acceptance – handover – warranty – maintenance
The main “legal pillars” can be briefly summarised as follows:
1. The Construction Law and its amendments
The foundation is the Construction Law 2014 (No. 50/2014/QH13), as amended and supplemented by Law No. 62/2020/QH14. The articles most relevant to this article include:
There are consolidated versions of the Construction Law available, making it easier to read all amendments in a single document instead of consulting many separate legal texts.
2. Decrees on quality control, construction and maintenance
The “backbone” providing detailed guidance is Decree 06/2021/NĐ-CP on quality control, construction and maintenance of works, amended and supplemented by subsequent decrees.
This decree clarifies:
- Definitions and requirements for acceptance, warranty and maintenance.
- Acceptance documents, standard forms and the procedure for state inspection of acceptance.
- Minimum warranty periods according to class of works and sources of capital.
3. Housing Law (for housing warranty)
For housing projects, in addition to the Construction Law, the works are also governed by the Housing Law 2014 and Housing Law 2023, which provide, among other things:
- Apartment buildings: minimum warranty periods are often 60 months.
- Detached houses: minimum warranty periods are usually 24 months or more.
II. Construction acceptance – the “lock gate” before use
1. Concept and role
In simple terms, acceptance is the process in which the investor and relevant parties inspect and certify the construction results as the basis for:
- Handing over the works for operation and use.
- Payment and finalisation of construction value.
- Moving to the next construction phase or construction item.
Every signature on an acceptance record is a legal responsibility. Acceptance is not a purely administrative step; it is a legal safeguard for the quality of the works.
2. Levels of acceptance
The law and guiding decrees commonly divide acceptance into three levels:
- Acceptance of work items For example: acceptance of reinforcement, formwork, concrete, waterproofing, masonry, plastering, finishing of each small part…
- Acceptance of construction stages For example: acceptance of foundations, superstructure, roof, finishing stage…
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Acceptance on completion of a work or the entire project
This is the “golden milestone” for:
- Putting the work or its parts into use.
- Determining the starting point of the warranty period.
3. Conditions for acceptance
A work or work item may only be accepted when several conditions are satisfied, including:
- Construction is in conformity with the approved design and applicable standards and codes.
- Materials, components and equipment have certificates of origin and quality and have been accepted at the time of delivery.
- The site has construction logbooks, a complete system of acceptance records for each work item and stage.
- Major defects and non-conformities have been rectified and repaired before acceptance.
- The work meets requirements on structural safety, operational safety, fire prevention and fighting, environmental protection and other applicable conditions.
For major and important works, especially those using state capital, there is an additional step where state authorities inspect the acceptance process during construction and on completion.
4. Acceptance documents and state inspection
A completed acceptance dossier usually includes:
- Written request for acceptance or state inspection of acceptance (if required).
- Decisions approving the project, design, cost estimates and construction permit (if any).
- Approved design dossiers and as-built drawings duly certified.
- Acceptance records for work items, construction stages and equipment installation.
- Test results, inspection reports, load tests and test operation reports.
INDUSVINA can standardise these into a set of “acceptance checklists and model dossiers” for each segment: pre-engineered steel factories, civil buildings, transport infrastructure, warehouses, etc.
III. Handover – “transfer of responsibility”
1. Principles of handover
According to the law, a work or work item may only be handed over when:
- It has been fully accepted in accordance with the regulations.
- It ensures operational and use safety, including structure, fire safety and environment.
In many cases, it is permissible to hand over part of the works or individual items if they can be operated independently and meet all safety conditions.
2. Handover documents
When handing over, the construction contractor usually provides the investor with:
- Certified as-built drawings.
- As-built dossier and completion acceptance records for the works or its components.
- Operation manuals and instructions for systems and equipment.
- Maintenance procedures for the works and major systems.
- Lists of equipment, spare parts and reserve materials (if any).
This package can be regarded as the “user and care manual of the building” for the operator throughout its whole life.
IV. Construction warranty – “the contractor’s commitment”
1. Parties and scope of warranty
As a general rule:
- Construction contractors shall warrant the part of works they have constructed.
- Equipment suppliers/contractors shall warrant the equipment they have supplied and installed.
- Warranty mainly covers rectification, repair and replacement of defects attributable to the contractor during the warranty period.
2. Minimum warranty periods
Minimum warranty periods are defined based on types of works, classes of works and types of housing. In short:
- Housing (under the Housing Law): normally from 12–24 months or more, and high-end apartment buildings often enjoy longer periods as required by law or contracts.
- Other types of works: minimum of 24 months for many works; and for special-grade and grade-I works, longer periods may be agreed in the contracts.
Practically, the construction contract must state clear warranty periods, and they must not be lower than the statutory minimum.
3. Methods of warranty implementation
The parties may agree on retaining a certain percentage of contract value or using bank guarantees, but they should always ensure:
- Clear warranty periods.
- Clear notification procedures when defects or failures are found.
- Clear measures to be taken if the contractor fails to perform warranty obligations as committed.
In practice, if the contractor does not perform warranty works, the investor may hire another unit for repair and deduct costs from the warranty amount, while demanding the contractor to bear the corresponding responsibilities.
V. Maintenance – “caring for the work throughout its life”
1. General requirements on maintenance
The law is very clear: all works put into use must be maintained. The maintenance procedure must:
- Be prepared and approved before putting the works into operation.
- Be suitable for the intended use, types and classes of works, and each component and piece of equipment.
- Ensure that the works remain safe, stable and durable throughout their service life.
The owner or entity directly managing and using the work is the party responsible for organising maintenance.
2. Main contents of maintenance procedures
A well-designed maintenance procedure usually covers the following basic contents:
- Technical parameters and working conditions of each component, structure and equipment.
- Frequency and methods of periodic inspection and ad-hoc inspection.
- Guidelines for maintenance, cleaning, lubrication and adjustment of each part.
- Definitions of minor repair, medium repair and major repair.
- Procedures for recording and storing maintenance documents and assessing the safety of the works.
3. Five-step maintenance model – suggested approach
INDUSVINA can apply a simple 5-step model that is easy to remember and implement:
- Step 1: Prepare and approve maintenance procedures for each type of works.
- Step 2: Prepare annual maintenance plans and budget estimates.
- Step 3: Organise inspections, maintenance and repairs according to the plans.
- Step 4: Conduct periodic safety assessments and additional inspections for major or public works.
- Step 5: Update maintenance records and build a “health file” for the works.
VI. Suggested application for INDUSVINA
1. Standardising checklists and templates
INDUSVINA can develop its own sets of standard templates, including:
- Acceptance records for work items, construction stages and completion for each type of works.
- Handover dossiers and minimum document lists for handing over works.
- Model maintenance procedures for pre-engineered steel factories, civil buildings, infrastructure works and others.
2. Integrating into construction contracts
Every construction contract should include a dedicated chapter on Acceptance – Handover – Warranty – Maintenance with key topics:
- Full legal references to relevant articles of the Construction Law and related decrees.
- Clear provisions on timing and conditions for acceptance and handover.
- Detailed agreements on warranty periods, warranty value and maintenance mechanisms.
3. Communication & knowledge sharing
This series of 13 articles, including Article 11, can be viewed as a “compact legal handbook on construction” prepared by INDUSVINA and shared freely with:
- Students and fresh graduates in construction and engineering.
- Site engineers and supervisors aspiring to become project managers.
- Investors and homeowners who want to understand the law and “do it right from the start”.
VII. Conclusion – Working and living in accordance with the Constitution and the law
Article 11/13 covers a critical theme: from acceptance and handover to warranty and maintenance – where the true quality, actual responsibility and real value of the works are shown most clearly.
The INDUSVINA team sincerely thanks you for spending time reading, studying and applying this material. We kindly invite you to:
- Share and spread this series of articles to colleagues, students, engineers and investors so that more people work and live in accordance with the Constitution and the laws in the construction sector.
- Contribute feedback and comments, and send us your real-life questions and cases. Every piece of feedback is a valuable asset for INDUSVINA, helping us improve our documents, training materials and working processes day by day.
