Decree No. 46/2015/ND-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works

The warranty period for construction works is not be shorter than 12 months

On May 12, 2015, the Government issued the Decree No. 46/2015/ND-CP on quality management and maintenance of construction works and takes effect on July 01, 2015, prescribed that construction contractors and equipment supply contractors shall take responsibility before project owners for providing warranty for the jobs they have carried out.

The warranty period for new items or construction works or renovated or upgraded ones shall be counted from the time of acceptance test and must not be shorter than 24 months, for works and items of works of special grade or grade-I; not be shorter than 12 months, for works and items of works of other grades and comply with the housing law, for houses.

Besides, the Decree also details the warranty amount for state-funded construction works, the warranty amount is at least 3% of the contractual value, for works of special grade and grade I and at least 5% of the contractual value, for works of other grades, besides, for works using other funding sources, the warranty amount may be referred to for application.

Also in accordance with this Decree’s regulations, the owner or use manager of a work shall examine, service and repair the work according to the approved maintenance process if he/she/it is fully capable of doing so or may hire a fully capable organization to do so. The owner or use manager of a work shall regularly, periodically or irregularly inspect the work to promptly detect degradations or faults of the work or equipment installed in the work as a basis for service. The owner or use manager of a work shall service the work under the annual maintenance plan and approved maintenance process...