On 15 June 2026, the Government officially promulgated Decree No. 207/2026/ND-CP ("Decree 207"), detailing several provisions of the Law on Construction concerning construction quality management, construction execution, and maintenance of construction works. Although Decree 207 does not introduce a radical overhaul of the existing regulatory framework, it clearly reflects the new regulatory approach under the Law on Construction 2025, namely reducing ex ante administrative control while strengthening the accountability of project owners and contractors during construction, and raising standards for safety and quality management throughout the entire life cycle of construction projects.
In addition to regulating construction activities at project sites, Decree 207 also introduces new provisions that reinforce the responsibilities of owners of detached residential houses in supervising construction activities and ensuring construction safety. These developments directly affect the rights, obligations, and liabilities of both businesses and individuals and therefore warrant close attention.
1. Introduction of a Life-Cycle Risk Management Principle and Clearer Allocation of Responsibilities for Construction Quality and Execution
While Decree No. 06/2021/ND-CP provides relatively comprehensive provisions on quality management, construction execution, and maintenance, such provisions are scattered across different articles and organized according to each investment phase.
In contrast, Article 4 of Decree 207 introduces, for the first time, a set of general principles governing construction management, requiring construction quality management to be implemented consistently throughout the entire project life cycle - from commencement of construction, construction execution, acceptance testing, handover, operation and use, to warranty and maintenance.
Furthermore, Decree 207 clearly allocates the responsibilities of project owners, contractors, and competent authorities according to each type of construction work and procurement arrangement. In particular, it emphasizes that project owners remain responsible for directing, inspecting, supervising, and assuming ultimate responsibility for project implementation, regardless of whether they engage contractors or establish a project management unit.
This management approach is consistent with the legislative direction adopted by the Law on Construction 2025, which shifts the regulatory focus from ex ante approval to ex post supervision. Accordingly, project owners and contractors should establish comprehensive quality control mechanisms covering the entire project life cycle and maintain complete project records to facilitate inspections, audits, and the resolution of future disputes relating to construction quality. They should also review and revise construction contracts and project management consultancy agreements to clearly define the respective responsibilities of each contracting party.
2. Expansion of the Scope of Safety Measures Beyond Occupational Safety
Under the definitions and Appendix III of Decree 207, the concepts of construction safety and construction safety measures have been significantly broadened. Safety measures are no longer limited to preventing occupational accidents but now also encompass environmental protection, fire prevention and firefighting, protection of construction works and adjacent properties, as well as measures to safeguard construction assets, equipment, and other facilities.
This represents a significant shift in regulatory philosophy - from merely ensuring that workplace accidents do not occur to ensuring that no risks adversely affect people, property, or construction works.
Consequently, Decree 207 requires project owners and contractors to adopt a more systematic, integrated, and comprehensive approach to risk management throughout construction activities.
3. Strengthened Quality Management Requirements for Detached Residential Houses Through Enhanced Owner Responsibilities
In addition to imposing stricter design requirements, Decree 207 further clarifies the responsibilities of owners during the construction process. Owners are required to organize or supervise construction works, install construction site signage, and ensure the safety of the construction works, neighboring structures, and the surrounding environment throughout the construction period.
Where a detached residential house is repaired, renovated, or converted for a different use, both the design and construction must satisfy the technical requirements applicable to the new intended use while complying with regulations on fire prevention and firefighting, environmental protection, and other relevant legal requirements.
The Decree also specifies the matters subject to construction supervision, including construction methods, the quality of construction materials and equipment, scaffolding systems, temporary supporting structures, and occupational safety measures.
These provisions impose more stringent obligations on owners of detached residential houses, particularly with respect to repair, renovation, and change-of-use works. They also further demonstrate the broader regulatory trend identified above, namely the transition from a regulatory framework primarily based on administrative procedures to one emphasizing the substantive responsibilities of participants in construction activities.
4. Detailed Guidance on the Handover of Construction Works and Project Components in Urban Development Projects
Decree 207 introduces a dedicated regulatory framework governing the handover of technical infrastructure works, social infrastructure works, and other construction works within urban development projects from project owners to competent state authorities in accordance with applicable laws.
(a) Construction works subject to mandatory handover must be identified at the stage when the investment construction project is appraised and approved. Where the investment policy approval requires the handover of construction works, such requirement must be reflected in, and be consistent with, the approved project documentation.
(b) Construction works within urban development projects may only be handed over after satisfying all legal requirements, having complete documentation, and ensuring connectivity with the relevant technical infrastructure systems.
(c) The receiving authority is responsible for examining both the handover documentation and the construction works. It may reject the handover by written notice where the actual condition of the works does not correspond with the handover documents, the works fail to satisfy the applicable handover requirements, or force majeure events—including natural disasters, war, fire, epidemics - or changes in law prevent the handover from proceeding.
(d) Responsibility for coordinating the receipt of handed-over works has been transferred from the provincial-level People's Committee to the commune-level People's Committee.
5. Maintenance Records Become a Mandatory Component of Operational Management Documentation
Under Decree No. 06/2021/ND-CP, the documentation required for the management, operation, and maintenance of construction works primarily consisted of maintenance procedures and records relating to incidents affecting the construction works.
Decree 207 now requires that maintenance records themselves form a mandatory component of the documentation supporting the management and use of construction works. Such maintenance records provide operators and managers with additional information necessary for post-handover risk management.
Overall, Decree 207 reflects a clear transition from a regulatory model based primarily on procedural compliance to one emphasizing accountability and risk management for all participants in construction activities.
For project owners, contractors, project management consultants, and construction operation and management entities, Decree 207 also requires a fundamental change in project governance practices. Quality documentation is no longer intended solely for acceptance testing but also serves as evidence supporting risk management. Maintenance procedures are no longer merely regulatory compliance documents but become integral to the long-term operation and maintenance of construction works. Likewise, the handover of construction works is no longer simply a transfer of physical assets but also a transfer of data, operational procedures, and management responsibilities throughout the entire life cycle of the construction works.
Accordingly, project owners and contractors should prioritize the establishment of robust quality management, safety management, and risk management systems, supported by comprehensive documentation capable of demonstrating legal compliance throughout the entire life cycle of each construction project.
Decree 207 shall take effect on 1 July 2026./.
Comment: