A factory is many manufacturers' largest asset — and the acceptance/handover stage is the final "gate" deciding whether the contractor gets fully paid and the investor receives proper quality. Many construction disputes arise not during execution, but right at the acceptance table.
This article covers acceptance and handover procedures for newly built factories under current construction law (Construction Law 135/2025/QH15 and Decree 207/2026/ND-CP, both effective 01/7/2026).
Table of contents
- 1. Current legal framework
- 2. Factory acceptance steps
- 3. Acceptance participants
- 4. The as-built dossier
- 5. Handling defects at acceptance
- 6. Handover for use
- 7. Construction warranties
- 8. Four common dispute sources
- 9. Investor checklist
- 10. FAQs
- 11. When to work with counsel
- References
- Language versions
1. Current legal framework
From 01/7/2026, construction activities — including acceptance, handover, and warranties — are governed by:
- Construction Law 135/2025/QH15 (effective 01/7/2026);
- Decree 207/2026/ND-CP (effective 01/7/2026), replacing Decree 06/2021/ND-CP on quality management, construction execution, and maintenance.
Businesses apply the new framework to projects from that date and note transitional rules for ongoing works.
2. Factory acceptance steps
The acceptance process comprises:
- Acceptance of construction works during execution — by stage/item (foundations, frames, roofs, MEP systems…);
- Acceptance of completed works/items for handover and use;
- Acceptance minutes recording pass/fail results and defects to remedy.
Principle: only works passing acceptance may be handed over for use.
3. Acceptance participants
Completed-works acceptance involves:
- The investor (or representative);
- The contractor;
- The supervision consultant;
- Other relevant parties per regulations (designer, project manager…).
Each party signs the acceptance minutes within its responsibility scope — signatures are key legal evidence in disputes.
4. The as-built dossier
The as-built dossier compiles documents reflecting the construction investment process and as-completed state:
- As-built drawings;
- Stage acceptance minutes;
- Material/equipment quality certificates;
- Construction logs;
- Quality-management records;
- Others per regulations.
A complete dossier is a handover condition — and both sides' "shield" when warranty disputes arise later.
5. Handling defects at acceptance
- Defects affecting safety/functionality: the investor may refuse acceptance and require remediation;
- Minor non-safety defects: record in the acceptance minutes with specific remediation deadlines;
- All defect/remediation agreements should be in writing — oral site agreements breed disputes.
6. Handover for use
After passing acceptance, parties proceed to handover:
- Handover of site, works, and the as-built dossier;
- Handover of operation/maintenance manuals for technical systems (power, fire protection, wastewater…);
- Confirmation of executed quantities and values as the settlement basis.
The handover minutes mark: risk transfer timing, warranty-period start, and final-payment basis.
7. Construction warranties
- The warranty period is agreed in the contract but must not be shorter than the statutory minimum under construction law;
- During warranty, the contractor must remedy defects caused by its faults;
- Investors should retain part of the contract value (warranty security) as assurance;
- At warranty end, parties accept warranty completion and release the security.
8. Four common dispute sources
- Acceptance standards: disagreement over pass/fail — contracts must cite specific technical standards;
- Delays: delay penalties and damages for late handover;
- Out-of-contract variations: additional quantities and payment — require written confirmation before execution;
- Warranty defects: remediation responsibility and costs.
9. Investor checklist
- ☐ Construction contract specifies acceptance standards and variation procedures
- ☐ Stage-by-stage acceptance tracked, not left to the end
- ☐ As-built dossier verified complete before signing handover minutes
- ☐ All defects recorded in writing with remediation deadlines
- ☐ Warranty security retained through the warranty period
- ☐ New legal framework (Law 135/2025, Decree 207/2026) applied to projects from 01/7/2026
10. FAQs
What are the steps in factory acceptance? The process comprises: (1) acceptance of construction works by stage/item during execution; (2) acceptance of completed works/items for handover and use — with investor, contractor, supervision consultant; (3) acceptance minutes. Only works passing acceptance may be handed over for use.
What does the as-built dossier contain? As-built drawings, stage acceptance minutes, material/equipment quality certificates, construction logs, quality-management records, and others per regulations. A complete dossier is a handover condition and the basis for later warranty disputes.
Can the investor refuse acceptance over defects? Yes. If works fail design requirements, technical standards, or have safety/functionality-affecting defects, the investor may refuse acceptance and require remediation. Minor defects may be recorded with remediation deadlines.
How long is the factory warranty period? Agreed in the contract but not shorter than the statutory minimum under construction law. During warranty, the contractor remedies defects caused by its faults.
Where do acceptance/handover disputes usually come from? Four sources: (1) disagreement over acceptance standards; (2) delays and penalties; (3) out-of-contract additional works and payment; (4) warranty-period defects.
What does the new construction law change for factory acceptance? Construction Law 135/2025/QH15 and Decree 207/2026/ND-CP both effective 01/7/2026 (Decree 207 replacing Decree 06/2021). Businesses apply the new framework from that date and note transitional rules.
11. When to work with counsel
Acceptance and handover is a construction project's "closing" — every agreement and concession here carries lasting legal weight. Counsel helps: review construction contracts before signing, handle acceptance-table disagreements, and resolve warranty and settlement disputes.
For construction acceptance and handover advice, contact FLAT Law Firm — hotline 0988424851.
References
- Construction Law No. 135/2025/QH15 (effective 01/7/2026).
- Decree No. 207/2026/ND-CP (effective 01/7/2026, replacing Decree 06/2021/ND-CP).