The unit that removed the text was Road Management Area II, under the Vietnam Road Administration, and said that it was the right thing to do.
As for Son Hai Group, they affirmed that the warranty label was correct.
Son Hai Group explained that on October 25, 2022, it sent a document to the Ministry of Transport requesting a 10-year warranty for the Nghi Son - Dien Chau expressway section, including the content of "publicly posting a 10-year warranty sign for people participating in traffic to be monitored".
After receiving the document from Son Hai Group, the Ministry of Transport will hand it over to the investors to sign the contract. In which, the content of the contract appendix states: This contract appendix is the legal basis for Son Hai Group Company Limited to publicly perform its construction warranty obligations.
Regarding this information, confirmation from the Ministry of Transport is needed. If the explanation of Son Hai Group is correct, then the deletion of the commitment line that Road Management Area II has implemented must be reconsidered.
According to Son Hai Group, the 9 10-year warranty signs were invested by the unit itself, and were outside the volume and value according to the design documents that the investor had paid to the unit. Therefore, when the handover was completed to the investor, these 9 signs were not included, so this item is not state property.
There are also opinions that the Road Traffic Law stipulates that it is not allowed to attach to road signs content that is not related to the meaning and purpose of the road signs.
In addition, according to the national technical regulation QCVN 41:2019 on road signs, signs do not specify the warranty period of the construction. The Construction Law also does not stipulate the need to attach a warranty commitment sign on construction works.
Son Hai Group commented that the 10-year warranty sign of Son Hai Group has additional information about the project such as maximum speed, minimum speed, and project name. Those signs are not State traffic signs, so they cannot be considered traffic signs.
In the face of disputes between parties, the Ministry of Transport needs to intervene, based on legal regulations to resolve appropriately.
However, it should be added that, when discovering signs with the 10-year warranty commitment of Son Hai Group, Road Management Area II should have issued a document requesting clarification from the parties, with the participation of management agencies and business representatives.
The decision to remove or leave the commitment line intact depends on the official conclusion, which is more serious and convincing.
