Investors are entitled to carry out construction activities themselves if they satisfy the capacity conditions as prescribed by law. Signatories to the acceptance record are under the provisions of Article 8, Article 9 of Circular No. 26/2016/TT-BXD.

Mr. Le Thanh Hong Hai's company (100% private capital) has asked the Provincial People's Committee to invest in a water supply plant project for rural communes (about 200 billion VND) with the company's capital. Regarding the location of the water plant, the company buys the land by itself.

In the process of calling for construction contractors, Mr. Hai's company left a few sub-items for self-construction. Mr. Hai asked, after the construction, does his company need to make the acceptance or settlement documents? Is it possible if signatories to the acceptance record by the construction unit and the investor both are of his company? Does the State unit participate in the acceptance test and supervision of construction work (which is completely private)?

The Ministry of Construction responded to this issue as follows:

According to the provisions of Point dd, Clause 2, Article 112 of the Law on Construction, the investor is obliged to organize the pre-acceptance tests, payment, and settlement for the works.

Article 4 of Decree No. 46/2015/ND-CP dated May 12, 2015, of the Government on quality control and maintenance of construction works, stipulates that investors who satisfy the conditions of capacity according to the legislation are entitled to carry out construction activities themselves.

According to the provisions of Article 6 of Circular No. 26/2016/TT-BXD dated October 26, 2016, of the Ministry of Construction, guiding some aspects of construction quality control and maintenance, in case an investor simultaneously carries out the supervision and construction activities itself, that investor shall set up a supervisory team that is independent of the team directly participating in construction activities.

Signatories to the acceptance record are under the provisions of Article 8 (acceptance of building tasks) and Article 9 (acceptance of construction items and construction works before operation) of Circular No. 26/2016 /TT-BXD.

In case the work is subject to inspection by a competent State agency during the construction process and upon completion of construction under the provisions of Article 32 of Decree No. 46/2015/ND-CP, the investor must send the project information report, the construction completion report to the specialized construction agency for inspection and acceptance according to regulations.