Project A has an approved contractor selection plan including 5 packages (01: Building construction; 02: Office equipment; 03: Construction supervision consultancy; 04: Insurance; 05: Equipment valuation).

During the implementation of the project, the ground floor arises, the contractor selection plan is adjusted, and package 06: Parking lot arises.

Public investment project, using State budget capital.

Ms. Nguyen Thi Thuy (Tay Ninh) asked, according to current regulations, the contractor completes package 01 and does not affect the completion of other packages; has completed all the completion documents, ensuring quality and progress, continue to submit the documents to the investor to send to relevant agencies to request inspection and approval, and put into use this package 01, is that okay?

There are opinions that the contractor implementing package 01 must wait for the completion of packages 02 and 06 before accepting and putting into use the entire project one last time.

According to Ms. Thuy, in this way, the contractor will not guarantee the time to perform its contract, although it has been completed (ensured within the progress of the contract package 01), but because it has to wait for two packages 02 and 06 to be completed as well as complete the completion document procedures, it can organize the acceptance at the same time.

At the same time, the warranty period for the contractor's package 01 will also be affected and extended (plus the time waiting for other packages to be completed), which will be disadvantageous to the contractor. The warranty for each package is the responsibility of each contractor who signs a contract with the investor. Ms. Thuy asked, so is it appropriate for the construction package to have to wait and be jointly responsible for other packages?

The Ministry of Construction responds to this issue as follows:

According to the provisions of Article 23 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government detailing a number of contents on quality management, construction and maintenance of construction works, amended and supplemented by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing a number of articles of the Decree under the state management of the Ministry of Construction, investors may base on the provisions of law and the actual situation of construction organization of construction works under the construction investment project to organize acceptance of completion of construction items, construction works or organize conditional acceptance, acceptance of parts of construction works.

The putting of works into operation and use must comply with the provisions of Clause 3, Article 23 of the above Decree.