Provisions on conditions and procedures for commencement of construction works

Firstly, conditions for commencement of construction works:

Determining whether it is eligible to start construction is one of the steps in the preparation process.

In Article 107 of the Law on Construction 2014. There are provisions on conditions for commencement of construction of works, specifically starting construction of works must ensure the following conditions:

1. There must be ground to meet the construction process: The construction process can be carried out in the form of progress or implementation of the whole project if the work is small. Therefore, the ground clearance will also depend on the construction progress or the entire ground for the implementation of the construction process to take place according to the set plan.
2. For construction works that require a construction permit, they must meet this requirement to be able to carry out construction in accordance with the law: Works that are required by the State must have Construction permits have been specified in Article 89 of the Construction Law 2014. Besides, there are also cases where the exemption from the requirement of a construction permit is also specified in Article 89, Clause 2.
3. Must have specific drawings and designs of each item and must go through the process of checking and approving by the investor. The inspection and approval must be certified by the investor on the drawing or design of the project. And the implementation of the actual work must comply with the drawings and designs previously established.
4. If the construction works of the investor are made in the form of selecting contractors to conduct construction, a written contract must be signed between the investor and the selected contractor.
5. Be arranged and must ensure adequate capital according to the construction progress.
6. In the course of construction, the investor and the contractor must take specific measures to ensure safety in construction and measures to protect the environment from the beginning of the construction to the end. construction process.                                                                                                                                                                              In the course of preparing a construction work, apart from the requirements and conditions of the permit, other matters such as requirements for construction works and requirements for the use of construction materials are also prescribed. clearly stated in Articles 109 and 110 of the 2014 Construction Law.

Secondly, regarding procedures for starting construction works:

Commencement of construction works must go through many different stages and processes. The most basic and important steps are:

1. Preparing for construction works

In the process of preparing a construction work, it is extremely important to prepare the ground for commencement of construction. Because this work is directly related to land clearance and land compensation for people. This directly requires the cooperation of the People’s Committees at all levels in the area where the construction works are located. From issuing notices, issuing recovery decisions to directly directing and conducting land acquisition, compensation for money or allocation of resettlement land to people in accordance with law. People’s Committees at all levels in this case are also responsible for inspecting and supervising the commencement of construction works during the construction process.

In parallel with the construction of construction works is the responsibility and obligation of the investor in the construction of construction works. The investor must proceed with the selection of a qualified and capable contractor to execute the construction. The selection of contractor will be carried out on many criteria in which the selection of contractor is based on the criteria of the contractor’s performance of construction works must be suitable to the type of construction works. , grade of construction works and specific jobs during construction.

2. Construction works

In addition, the coordination with the People’s Committees at all levels to perform land clearance, compensation, compensation or resettlement land and hand over the planned land to the contractor to start construction. construction process. This is one of the basic stages of construction supervision procedures.

3. Supervision of construction, acceptance and handover of construction works

The Investor continually supervises and inspects the Contractor to execute the construction work on time, on schedule and in line with the approved project plans and construction contracts. At the same time, it is required to ensure safety measures during the construction process and to ensure safety and environmental sanitation throughout the construction process. If an incident occurs, the investor and the contractor will have to pay damages in accordance with the law. Therefore, the investor as well as the contractor must be responsible for making recommendations, strictly implementing measures to ensure safety for construction workers during the construction process.

In addition to ensuring the safety for the construction workers, the contractor is also responsible for introducing and implementing environmental protection measures during the construction process. To ensure environmental safety and hygiene, including air, water, solid waste treatment, noise protection and other requirements in accordance with the law on environmental protection.

4. Warranty, maintenance of construction works

The warranty and maintenance of construction works are carried out in the period from the time the construction works are completed until they are officially put into exploitation and use. The warranty and maintenance of construction works is the responsibility of the construction contractor. The maintenance warranty must meet the requirements specified in Article 126 of the 2014 Law on Construction. The owner of the work or the use manager must have a specific construction warranty and maintenance plan. approval to follow that plan.

The procedure for starting a construction work is one of the important issues in the construction process, the investor as well as the contractor need to comply with the law on Construction Law 2014 for the implementation. Construction works are carried out smoothly.

Above is the entire content of the law provisions on conditions and procedures for starting construction works. Hopefully the above article of Duong Gia Law will help readers better understand and grasp the law provisions on construction law in general as well as conditions and procedures for starting construction works in particular.

(Source: luatduonggia)