A Legal Guide to Structural Work

Structural work is a critical construction phase that directly impacts the quality, structural safety, and legal acceptance of a project. Understanding the definition, scope, and legal requirements for the structural work phase is essential for investors, contractors, and all involved parties to protect their interests and avoid legal risks. This article provides a comprehensive legal overview of structural work in construction activities.

Defining Structural Work

Structural work involves the construction of the main load-bearing structure of a building. This includes items such as the foundation, columns, beams, reinforced concrete floors, and the primary wall system. This framework determines the stability, safety, and long-term durability of the entire project.

According to the Law on Construction 2014 (amended and supplemented in 2020), before commencing structural work, the investor must complete all necessary legal procedures. These include obtaining a building permit, having design drawings appraised and approved, and selecting a contractor with the appropriate capacity for the specific type and grade of the project.

The quality of the structural work directly affects subsequent finishing stages and the future usability of the building. Therefore, strict adherence to design standards, technical regulations, and construction laws is mandatory. The investor must also prioritize the selection of quality-assured materials with clear origins, in line with the approved design documents.

Properly executed structural work, compliant with technical and legal standards, mitigates risks such as wall cracking, water leakage, or foundation subsidence. It also secures the investor’s legal rights during the processes of inspection, commissioning, and putting the building into use.

Key Items in Structural Work

Under Vietnamese construction law, all items in the structural work phase must be executed in strict accordance with the approved design dossier, the building permit’s content, and the national technical standards and regulations issued by the Ministry of Construction.

• Site Preparation The initial stage of site preparation is detailed in Article 11 of Decree 06/2021/ND-CP, which governs quality management, construction, and maintenance of construction works. The investor and the construction contractor are responsible for conducting topographical and geological surveys and clearing the site within the approved boundaries. Project positioning must follow the appraised construction drawings and meet the surveying, boundary marking, and inspection requirements stipulated in the Law on Construction 2014.
• Foundation Construction The foundation is a critical load-bearing structure essential for the long-term safety of the building. According to TCVN 9362:2012 (Design of soil foundations), foundation construction must comply with the specified depth, dimensions, material types, and technical procedures. The contractor must implement foundation construction methods as per the approved plan. Before concrete pouring, the investor must organize a pre-pour inspection as required by Article 21 of Decree 06/2021/ND-CP, with the participation of the supervision consultant and any quality inspection unit.
• Column Construction Column construction must adhere to structural safety regulations under TCVN 5574:2018 – Concrete and Reinforced Concrete Structures – Design Standard. The processes of steel reinforcement installation, formwork erection, concrete pouring, and curing must be inspected and accepted at each step, following the inspection and acceptance procedures outlined in Decree 06/2021/ND-CP. The use of materials, steel arrangement, and inspection of column geometry and dimensions must align with the approved design and the building permit.
• Beam and Slab Construction The construction of beams and slabs is a significant item that requires compliance with technical standards for load-bearing structures. The investor and contractor must ensure that the installation of steel reinforcement, formwork, concrete pouring, and curing for slabs conform to the approved construction process and TCVN 4453:1995 – Concrete and Reinforced Concrete Structures – Code for Execution and Acceptance. Pre-pour and post-pour inspections are required. Concrete curing is a mandatory obligation to ensure project quality.
• Installation of Concealed Electrical and Plumbing Systems According to National Standard TCVN 9206:2012 for electrical systems in buildings and TCVN 4519:1988 for water supply and drainage, the installation of these systems during the structural work phase must be synchronized with the structural elements. All technical pipelines, electrical conduits, and water supply/drainage pipes must be positioned according to the appraised and approved design drawings. All materials must have clear origins and meet legal quality standards. Incorrect installation, use of substandard materials, or improper execution can lead to administrative penalties under Decree 16/2022/ND-CP and require remediation.

Executing each item of the structural work demands not only the contractor’s professional competence but also full compliance with legal regulations on construction quality management. The investor must conduct close supervision to ensure the entire process is legally compliant, minimizing legal risks and ensuring quality and safety.

Legal and Technical Considerations for Structural Work

To ensure the structural work process complies with legal regulations and achieves high quality, clients should note the following critical legal factors:

• Requirements for Building Permits and Design Drawings According to Clause 1, Article 89 of the Law on Construction 2014 (amended in 2020), a building permit issued by a competent authority is required for most construction projects (except for legally exempt cases). The application dossier must include appraised design drawings that specify the construction items, scope of work (structural or full-finish), and key technical parameters. Before commencement, the investor must meet all conditions specified in Article 107 of the Law on Construction, including having a valid building permit, an approved construction design dossier, a construction contract (if using a contractor), and handover of the construction site.
• Requirements for Construction Material Quality As per Article 110 of the Law on Construction 2014, construction materials must ensure safety, environmental friendliness, resource efficiency, and compliance with national technical standards (QCVN, TCVN). Each material type (concrete, steel, brick, cement) must have a clear origin and be accompanied by certificates of conformity as required by law.
• Requirements for Technical Standards and Construction Processes Article 111 of the Law on Construction 2014 mandates that the structural work process must comply with the approved design and applicable technical standards; ensure load-bearing safety, operational safety, and aesthetics; meet fire prevention and environmental protection requirements; use the correct type, specification, and quantity of materials as per the design; implement labor safety measures and protect adjacent structures; and conduct inspections, supervision, and acceptance for each construction stage. All quality management records and acceptance reports must be properly archived.
• Requirements for Contractor Capacity The contractor executing the structural work must meet the capacity conditions specified in Clause 6, Article 111 of the Law on Construction 2014. This includes possessing a certificate of construction activity capacity suitable for the project’s type and grade, having personnel with appropriate professional certifications, and ensuring construction equipment meets technical requirements. The construction contract between the investor and contractor must be in writing and comply with Article 138 of the Law on Construction 2014.
• Management of Schedule and Costs The investor should establish a detailed progress schedule for each phase of the structural work and closely monitor its implementation. A detailed cost estimate must be prepared, with strict control over any emerging expenses. A contingency budget of 5-10% is advisable. Regular coordination with the contractor and supervisors is essential to maintain quality and progress.

Structural Work Consulting Services by Long Phan Consulting Company

Executing the structural work phase for a project in Vietnam involves both technical construction and a complex legal process requiring strict adherence to laws on construction, land, and quality management. To assist clients in efficiently and correctly fulfilling their legal obligations, Long Phan Consulting Company provides a comprehensive legal consulting service package, ensuring legality, safety, and cost-effectiveness for every project.

Our services include:

• Consulting on legal pre-conditions for structural work.
• Guidance on preparing building permit applications.
• Assistance in selecting a qualified contractor for the structural work.
• Drafting and reviewing construction contracts to protect the investor’s legal interests.
• Legal verification of construction materials.
• Consulting on the legal supervision and acceptance process for structural work.
• Representing clients in dealings with competent state authorities.

With a team of lawyers specializing in construction and real estate, combined with engineers and legal experts knowledgeable in technical construction processes, Long Phan Consulting Company is committed to providing in-depth consulting, updated with the latest laws, and comprehensive legal support throughout the structural work phase.

Frequently Asked Questions about Structural Work

Here are answers to common questions regarding Structural Work and its construction items.

Is a building permit required for structural work?

Yes, according to the Law on Construction 2014, most construction projects require a building permit from a competent authority before commencing structural work, with some statutory exceptions.

Are concealed electrical and plumbing systems part of structural work?

Yes, the installation of technical pipelines, electrical conduits, and water supply/drainage pipes is integrated into the structural work phase to ensure the aesthetic and functional efficiency of the completed building.

Does the investor need to supervise the structural work?

The investor is responsible for closely supervising the structural work process, including checking materials, technical procedures, and progress, to ensure the project meets quality standards and legal requirements.

How can the quality of structural materials be ensured?

To ensure material quality, the investor should require the contractor to provide materials with clear origins, accompanied by certificates of conformity and quality that meet national technical standards.

What are the legal risks of performing structural work without a permit?

Performing structural work without a permit can result in administrative fines, suspension of work, a demolition order, and the inability to legally complete and commission the project.

What is the role of TCVN standards in structural work?

TCVN (Vietnam Standards) are technical regulations that are either mandatory or recommended. They play a crucial role in ensuring the quality, safety, and consistency of the structural work process, from materials to execution procedures.

What is “completion acceptance” (hoàn công) and its relation to structural work?

Completion acceptance is an administrative procedure to certify that a project has been built in accordance with the building permit and approved design. The quality of the structural work phase directly influences the project’s eligibility for this final acceptance.

What documents should an investor prepare before starting structural work?

Before starting structural work, the investor must prepare legal documents such as a valid building permit, an approved construction design dossier, a construction contract (if applicable), and documents related to site handover.

How should one select a reputable contractor for structural work?

To select a reputable contractor, check their certificate of construction activity capacity, experience with similar projects, and personnel qualifications. Reviewing past projects and ensuring a clear, transparent construction contract are also important steps.

Conclusion

The structural work phase is a pivotal stage that determines the quality and lifespan of an entire construction project. Correctly executing all technical items and adhering to legal regulations will ensure a safe and durable structure. Clients should select a reputable consulting firm for professional support throughout the construction process. For detailed advice on structural work services, please contact our hotline at 1900 636389 for the best support.