Pressure to start production early pushes many employers to run workshop number one while workshop number two is still under construction. Vietnamese construction law allows acceptance of individual sections and work items for early use, but attaches strict conditions on the accepted section’s independence, structural safety, technical systems and fire protection. Done properly, the employer saves months of waiting; done wrongly, the operating section becomes an unlicensed activity.
Conditions for accepting a section early
Under the acceptance regime in Decree 207/2026/ND-CP, works are accepted by construction stage, by section and work item, and on completion for putting into use. A section may be accepted for use before the whole project completes where it has been built to design, meets quality acceptance requirements, can operate independently and safely without relying on the unfinished part, and satisfies the sector conditions attached to operating it — among which fire safety acceptance for the section in use is, for a production workshop, the most important practical condition.
Independence is judged on four faces: the accepted section’s structure does not depend on the part under construction for stability; its electrical, water and waste systems are separable or complete for that section; escape routes and fire systems for the operating section are complete and do not pass through the construction zone; and the boundary between the production area and the site is physically and safely separated. Missing any one of the four gives both the acceptance body and the insurer legitimate grounds to refuse early use.
How the procedure differs from full completion acceptance
Partial acceptance follows the same logic as completion acceptance with a narrowed scope: the contractor completes the section’s quality file — site diary, work and material acceptance records, testing of that section’s technical systems; internal acceptance follows; then the employer organises acceptance with the contractor, supervision consultant and designer, signing an acceptance record putting that section into use. For works subject to state acceptance inspection, the section in use must pass the same inspection mechanism. The record must state the boundary between the accepted and unaccepted parts and any attached operating conditions.
Two legal consequences should be anticipated: the warranty period for the accepted section starts at partial acceptance, earlier than for the rest; and land rent and factory-operation obligations on that area begin with actual use even though the whole project is unfinished. Employers should proactively align with the tax authority and the industrial park management on this timing instead of having it assessed backwards later.
Risks of operating while building, and controls
The central risk of phased operation is the interface between two environments of opposite nature: production needs stability, cleanliness and controlled access; construction needs flexibility, dust, noise and constant change. Typical incidents include fire spreading from hot-work areas into an operating materials warehouse, construction workers entering unauthorised production zones, vibration and dust affecting product quality, and liability arguments when an incident happens exactly on the boundary. The site-organisation plan for this phase should be a separate document, distinct from the original construction method plan.
Controls include fire-rated separation and separate circulation for the two zones; a safety coordination protocol signed between the production manager and the site commander, under which any hot work near the operating zone needs a work permit and a fire watch; notifying the works insurer and the property insurer of the partial-operation state to adjust coverage, because a construction policy may by default no longer cover the part converted to operation; and building the partial-acceptance schedule into the project plan from the start rather than deciding in haste when schedule pressure peaks.
Frequently Asked Questions
Can one workshop be accepted separately and start production early?
Yes. Construction law and Decree 207/2026/ND-CP allow acceptance by section and work item, with use before the whole works complete, provided the section is built to design, meets quality requirements, operates independently and safely, and satisfies sector conditions such as fire safety acceptance for the section put into use.
How does partial acceptance differ procedurally from full acceptance?
The sequence mirrors completion acceptance but is confined to the section: its own quality file, the contractor’s internal acceptance, then employer-organised acceptance with contractor, supervisor and designer, signing a record that states the boundary with the unaccepted part. Works under state acceptance inspection must have that section inspected under the same mechanism.
Can construction continue on the unaccepted part while the neighbouring workshop operates?
Yes, provided the two zones are safely separated, with independent circulation and escape routes, and a safety coordination protocol between production and construction is in place. Hot work near the operating zone needs its own work permit. Continued construction does not change the accepted part’s legal status, but an incident at the boundary will be judged against the separation and protocol file.
What are the fire and safety risks of producing while building?
The main risks are fire spreading from the construction zone into operations, two workforces crossing into each other’s areas, and liability disputes when an incident occurs at the boundary. The section in use must have complete fire systems and fire acceptance for that section; insurers must also be notified to adjust coverage, since a construction policy may not cover the part already operating.
Practical recommendations
Partial acceptance should be planned at the construction-organisation design stage, with acceptance boundaries drawn on the plans, technical systems modularised by workshop and the fire file built along the same boundary. Prepared from the start, partial acceptance is a safe schedule tool; improvised at the end of a project, the same decision becomes the project’s largest legal and insurance risk.
This article has been quality-reviewed by the FLAW AI Legal Council