Thông tư 16/2008/TT-BXD

CIRCULAR

GUIDING THE INSPECTION AND CERTIFICATION OF FULL SATISFACTION OF FORCE-BEARING SAFETY CONDITIONS AND THE CERTIFICATION OF QUALITY STANDARD CONFORMITY OF CONSTRUCTIONS

Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4. 2008. defining  the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Governments Decree No. 209/2004/ND-CP of December 16, 2004. on quality management of construction works;
Pursuant to the Governments Decree No. 49/2008/ND-CP of April 18, 2008, amending and supplementing a number of articles of the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works;
The Ministry of Construction guides the inspection and certification of full satisfaction of force-bearing safety conditions and the certification of quality standard conformity of constructions as follows;

I. GENERAL PROVISIONS

1. Governing scope and subjects of application

This Circular guides the inspection and certification of full satisfaction of force-bearing safety conditions and the certification of quality standard conformity of constructions under Clause 8, Article 1 of the Government's Decree No. 49/2008/ND-CP of April 18, 2008, amending and supplementing a number of articles of the Government's Decree No. 209/ 2004/ND-CP of December 16, 2004, on quality management of construction works.

This Circular applies to organizations and individuals involved in the certification of fuil satisfaction of force-bearing safety conditions and the certification of quality standard conformity of constructions in the Vietnamese territory.

2. Interpretation of terms

In this Circular, the terms below are construed as follows:

a/ Certification of full satisfaction of force-bearing safety conditions means the inspection and certification of the compliance of survey, design and construction activities with the law on quality management, meeting the requirements to ensure force-bearing safety of works or work items before they are put to use.

b/ Certification of quality standard conformity of constructions means the assessment and certification of the conformity of designed and executed construction works or work items or parts to the standards, technical regulations and technical requirements applicable to the works.

3. Works subject to certification of full satisfaction of force-bearing safety conditions before being put to use

Construction works or work items which, in case of incidents due to the loss of force-bearing capacity, can cause catastrophes to humans, property or the environment, and are subject to certification of full satisfaction of force-bearing safety conditions, include:

a/ Grade-Ill or higher-grade public works for mass gathering: theaters, cinemas, dance floors, railway stations, meeting halls, gymnasia, stadiums, trade centers, department stores, libraries, museums and other public works of similar sizes and functions. Particularly, hospitals, creches, kindergartens and schools with two stories and a flooring space of 300 m: or more.

b/ Condominiums, hotels, working offices and telecommunications, radio and television towers of grade II or higher.

c/ Petrol depots, oil depots, liquefied gas depots and chemical depots of grade II or higher.

d/ Dams, bridges and tunnels of grade II or higher; sky-train routes and cable car systems for passenger transportation, regardless of their grades .

4. Works eligible for quality standard conformity certification

Construction works or work items, regardless of their types and grades, will be eligible for quality standard conformity certification upon request of local construction state management agencies, investors or work owners at the proposal of work insurers, buyers, managers or users (referred to as certification requesters). Objects of certification may be newly built construction works or works already put to use.

II. CERTIFICATION OF FULL SATISFACTION OF FORCE-BEARING SAFETY CONDITIONS

1. Selection of organizations to certify full satisfaction of force-bearing safety conditions

Investors of construction works listed in Clause 3, Section I of this Circular shall select organizations to inspect and certify full satisfaction of force-bearing safety conditions (referred to as inspection organizations). Selected inspection organizations must be consultancy organizations functioning to practice in the domain of construction designing, construction supervision or construction work quality assessment, suitable to the types of to-be-certified works, meeting the following requirements:

a/ Capability requirements:

- Having adequate engineers and technicians in specialties suitable to the inspection contents specified in Clause 2 of this Section and the sizes of to-be-certified works as prescribed;

- Individuals in charge of inspecting and certifying full satisfaction of force-bearing safety conditions must be capable of taking charge of designing work structures suitable to the types and grades of to-be-certified works:

- Having committed no violations in construction activities during the latest 3 years.

b/ Independency and objectivity in certification of full satisfaction of force-bearing safety conditions:

- Not participating in survey, designing, construction, supply of materials and equipment, project management or construction supervision of the to-be-certified works or work items;

- Being organizationally and financially independent: having no organizationally dependent relations with investors or survey, designing, construction, construction supervision consultancy or project management consultancy contractors of the to-be-certified works or work items; holding no shares or contributed capital representing over 50% of shares or capital of one another, for investors, or over 30% of shares or capital of one another, for survey, designing, construction, construction supervision consultancy or project management consultancy contractors.

If no inspection organizations meeting the above conditions can be selected, investors shall report such to local construction state management agencies for recommendation of consultancy organizations to certify full satisfaction of force-bearing safety conditions.

2. Order and contents of inspection of full satisfaction of force-bearing safety conditions

Inspection organizations shall outline the inspection of work survey, designing and construction and submit them to investors for agreement. The inspection and certification of full satisfaction of force-bearing safety conditions may be conducted from the time of commencing the construction of to-be-certified works or work items. Subject to inspection are work parts and force-bearing structures which, in case of damage, might cause catastrophes.

a/ Survey and designing inspection

- Inspection of the observance of legal provisions on capability requirements by organizations and individuals conducting survey, designing and design verification, and the application of standards and technical regulations:

- Inspection of the order of. and procedures for, take-over check of reports on construction survey results: the order of evaluating, approving and checking upon take-over dossiers of work construction designing:

- Inspection of reports on the results of construction survey and technical designing (in case of 3-step designing) or execution drawing designing (in case of 2- or 1-step designing); assessment of these reports* satisfaction of the requirements of applicable standards and technical regulations to ensure safety of force-bearing capacity of works.

In the course of inspection, if having doubts about the results of survey or calculation of force-bearing structures, inspection organizations shall request investors and survey and designing contractors to clarify them. When necessary, inspection organizations may request investors to re-inspect construction survey results and structures' force-bearing capacity.

b/ Inspection of the construction of works

- Inspection of the observance of legal provisions on capability requirements and quality management systems by construction, project management consultancy and construction supervision contractors; inspection of the capacity of laboratories and the capability of concerned assessment organizations;

- Inspection of the observance of legal provisions on construction quality supervision and take-over check;

- Inspection of the construction quality based on quality management documents of to-be certified works or work items: assessment of these documents' satisfaction of the design requirements to ensure safety of the force-bearing capacity of works;

- Inspection of observation data and outer appearances of structures relating to the force-bearing capacity of works.

In the course of inspection, if detecting elements which are likely to affect force-bearing capacity of works, inspection organizations shall request investors and contractors to explain and clarify them. When necessary, inspection organizations may request investors to conduct quality assessment, test or control observation.

c/ After each inspection, inspection organizations shall promptly issue and send written notices on inspection results to investors and involved parties.

3. Grant of certificates of full satisfaction of force-bearing safety conditions

a/ Within 15 days after investors gather sufficient dossiers and documents on the completion of certified works or work items, inspection organizations shall grant certificates of full satisfaction of force-bearing safety conditions, made according to the form set in the Appendix attached to this Circular (not printed herein) if inspection results meet the following conditions:

- The work survey, designing and construction comply with legal provisions on quality management, meeting the force-bearing safety requirements of works.

- Observation data and outer appearances of structures reflect the normal operation of the structures.

- Results of verification or re-inspection (if any) show proper force-bearing capacity of the structures.

The investor shall send one copy of this certificate, enclosed with a report on the results of inspection of full satisfaction of force-bearing safety conditions and a written record of take-over check of the completion of the certified work or work item, to the local construction state management agency for examination and management. Such certificate serves as a basis for the investor to put the work to use.

b/ If conditions for the grant of certificates are not fully met, inspection organizations shall notify their decisions in writing to investors, clearly stating the reason for refusal to grant certificates. Investors shall report such to local construction state management agencies for examination and handling.

III. CERTIFICATES OF QUALITY STANDARD CONFORMITY OF CONSTRUCTIONS

1. Request to certify quality standard conformity of constructions

a/ For the community's benefits, local construction state management agencies may request investors to effect the certification of quality standard conformity of constructions.

Work insurers, buyers, managers or users may. for their own benefits, request investors or owners (for works already put to use) to effect the certification of work quality standard conformity.

b/ Certification requesters must indicate the scope and contents of certification of quality standard conformity. In case the quality standard conformity is requested by local construction state management agencies, the scope and contents of certification are compulsory. In case the quality standard conformity is requested by other organizations or individuals, the scope and contents of certification shall be agreed; upon by investors or owners and certification requester

c/ The scope of certification may cover design quality standard conformity, construction quality standard conformity or quality standard conformity of construction works or work items or parts with standards, technical regulations and technical requirements applicable to the works. The contents of certification may cover one, several or all criteria on force-bearing safety, operation safety, quality of completed parts, electro-mechanics, etc.

2. Selection of organizations to certify quality standard conformity of constructions

Certification requesters shall reach agreement with investors or owners on the selection of, and signing of contracts with, organizations for quality standard conformity inspection and certification (referred to as certification organizations). Particularly, in case the quality standard conformity is requested by local construction state management agencies, investors shall select, and sign contracts with, certification organizations.

Selected certification organizations must be consultancy organizations functioning to practice in the domain of construction designing, construction supervision, quality assessment or certification of quality standard conformity of constructions, meeting the following requirements:

a/ Capability requirements:

- Fully meeting the capability requirements as prescribed by law, suitable to the types and grades of works and contents to be certified;

- Having committed no violations in construction activities for the last 3 years.

b/ Independency and objectivity in quality standard conformity certification:

- Not participating in survey, designing, construction, supply of materials and equipment, project management or construction supervision of the to-be-certified works or work items or parts;

- Being organizationally and financially independent: having no organizationally dependant relations with investors or supervision, designing; construction, construction supervision consultancy or project management consultancy contractors of the to-be-certified works or work items or parts: holding no shares or contributed capital representing over 50% of shares or capital of one another, for investors, or over 30% of shares or capital of one another, for survey, designing, construction, construction supervision consultancy and project management consultancy contractors.

3. Order and contents of inspection of quality standard conformity of new construction works

Certification organizations shall outline quality standard conformity inspection and assessment corresponding to the certification scope and contents for investors" agreement. The scope of inspection covers to-be-certified works or work items or parts. The contents of inspection must be consistent with the contents of certification. Inspection may be conducted from the time of commencing the construction of to-be-certified work or work item or part.

a/ Inspection of design quality standard conformity:

- Inspection of the observance of legal provisions on capability requirements by organizations and individuals conducting survey, designing or design verification; the observance of the order of and procedures for take-over check of reports on construction survey results; the evaluation, approval and take-over check of dossiers of work construction designing;

- Inspection and assessment of the consistency of reports on construction survey results with survey standards and tasks;

- Inspection and assessment of the consistency of technical designing (in case of 3-step designing), or of execution drawing designing (in case of 2- or 1-step design) with designing tasks and standards and technical regulations applicable to the works.

In the course of inspection, if having doubts about survey results and designing quality, certification organizations shall request investors and concerned contractors to clarify them. When necessary, certification organiza­tions may re-inspect survey results or designs of to-be-certified works or work items or parts.

b/ Inspection of construction quality standard conformity:

- Inspection of the observance of legal provisions on capability requirements and quality management systems by construction, project management consultancy or construction supervision contractors; inspection of the capacity of laboratories and the capability of concerned assessment organizations; inspection of the observance of legal provisions in construction supervision and take-over check;

- Probability inspection of the quality of supplies, equipment and structures used for work construction through inspection of the origin of goods, quality certificates and relevant test and quality assessment results;

- Probability inspection of the construction quality;

- Witness of the trial operation of certified works or work items or parts. Inspection of the consistency of take-over check dossiers with design requirements.

In the course of inspection, if detecting elements which fail to ensure quality standard conformity, certification organizations may request investors and contractors to explain and clarify them. When necessary, certification organizations may conduct assessment, test or control observation.

c/ Inspection of quality standard conformity of construction works or work items or parts must comply with Points a and b of this Clause.

d/ After each inspection, certification organizations shall promptly issue and send written notices on inspection results to investors and involved parties.

 4. Order and contents of inspection of quality standard conformity of works already put to use

Certification organizations shall outline quality standard conformity inspection and assessment for investors' or owners' agreement. The scope of inspection covers certified construction works or work items or parts. The contents of inspection must be consistent with the agreed contents of certification. Inspection contents may cover the inspection of designing quality and construction quality through dossiers and documents of completion of the works. When necessary, certification organizations may inspect and assess the quality of works through tests and observations.

5. Grant of certificates of quality standard conformity of constructions

a/ Certification organizations shall grant certificates of quality standard conformity if the quality of inspected construction works or work items or parts conforms to designing requirements, standards and technical regulations applicable to the works. Such a certificate contains the following:

- Name of the certification organization;

- Bases for the certification of quality standard conformity;

- Name of the work or work item or part certified as quality standard conformity;

- Scope and contents of certification:

- Conclusion on quality standard conformity;

- Signature and seal of the at-law representative of the certification organization.

In case the certification is conducted at the request of the local construction state manage­ment agency, the investor shall send one certificate, enclosed with a report on quality standard conformity inspection results, to such agency for examination and management. Such a certificate serves as a basis for putting a work to use.

In case the certification is made at the request of another organization or individual, the investor or owner shall send one certificate to the certification requester as a basis for reaching subsequent agreements.

b/ If conditions for the grant of quality standard conformity certificates are not fully met, certification organizations shall notify such in writing, clearly stating the reason for refusal to grant certificates, to investors or owners and certification requesters for information and handling.

IV. EXPENSES FOR CERTIFICATION OF FULL SATISFACTION OF FORCE-BEARING SAFETY CONDITIONS AND CERTIFICATION OF QUALITY STANDARD CONFORMITY OF CONSTRUCTIONS

1. Expenses for certification of full satisfaction of force-bearing safety conditions

Expenses for the certification of full satisfaction of force-bearing safety conditions shall be paid to inspection organizations by investors from construction investment consultancy expenses included in total work construction investments. These expenses shall be determined in cost estimates made under the Government's Decree No. 99/2007/ND-CP of June 13, 2007. on the management of work construction investment expenses (referred to as Decree No. 99/2007/ND-CP) and relevant legal documents.

2. Expenses for certification of quality standard conformitv of constructions

a/ In case the certification of quality standard conformity is requested by local construction state management agencies, certification expenses shall be paid by investors from construction investment consultancy expenses included in total work construction investments. These expenses shall be determined in cost estimates made under Decree No. 99/2007/ND-CP and relevant legal documents.

b/ In case the certification of quality standard conformity is requested by other organizations or individuals, expenses for such certification shall be agreed upon by certification requesters and investors or owners. These expenses may be determined in cost estimates made under Decree No. 99/2007/ND-CP and relevant legal documents.

V. POWERS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN CERTIFICATION OF FULL SATISFACTION OF FORCE-BEARING SAFETY CONDITIONS AND CERTIFICATION OF QUALITY STANDARD CONFORMITY OF CONSTRUCTIONS

1. Rights and obligations of investors or owners

a/ Investors or owners have the following rights:

- To lodge complaints about inspection or certification results; to hire other capable consultancy organizations to verify or re-inspect the complained matters;

- Other rights under contractual commitments with inspection organizations or certification organizations and under law.

b/ Investors or owners have the following obligations:

- To effect the certification of full satisfaction of force-bearing safety conditions if construction works or work items fall into the objects defined in this Circular; to effect the certification of quality standard conformity of constructions upon request of local construction state management agencies;

- To supply relevant dossiers, documents and certificates to inspection organizations or certification organizations;

- To pay certification expenses to inspection organizations or certification organizations under signed contracts even when they are not granted certificates because their works fail to meet quality requirements as prescribed:

- To pay damages in accordance with law and as agreed in contracts with involved parties:

- Other obligations under contractual commitments with involved parties.

2. Powers and obligations of inspection organizations or certification organizations

a/ Inspection organizations or certification organizations have the following powers:

- To request investors and contractors to supply documents necessary for inspection and certification;

- To refuse to grant certificates-of full satisfaction of force-bearing safety conditions if inspection results fail to meet the conditions specified in Clause 3, Section II of this Circular; to refuse to grant quality standard conformity certificates if works' quality is unconformable with standards, technical regulations and technical requirements;

- Other powers under contractual commitments with investors and under law.

b/ Inspection organizations or certification organizations have the following obligations:

- To ensure truthfulness and objectivity in the course of inspection and certification:

- To take responsibility before investors or owners, involved parties and law for their inspection or certification results;

- To pay damages under law and as agreed under contracts with involved parties in case of making incorrect certification of work quality.

VI. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Construction shall:

a/ Perform the unified state management of the certification of full satisfaction of force-bearing safety conditions and the certification of quality standard conformity of constructions.

b/ Guide and inspect the implementation of this Circular nationwide.

c/ Synthesize and publicize information on capability requirements of inspection organizations and certification organizations under the Construction Minister's Decision No. 02/2008/QD-BXD of February 20, 2008, promulgating the Regulation on management of information on the capability of construction organizations via the Construction Ministry's website

The State Department for Quality Assessment of Construction Works under the Ministry of Construction acts as the sole body assisting the Ministry of Construction in performing the above tasks.

2. Provincial-level People's Committees shall:

a/ Guide and inspect the certification of full satisfaction of force-bearing safety conditions and the certification of quality standard conformity of constructions within the administrative boundaries under their management.

b/ Receive and manage certificates sent by investors and supply information on capability requirements of inspection organizations and certification organizations to the Ministry of Construction for synthesis and publicization.

c/ Annually synthesize and report the implementation of this Circular to the Ministry of Construction.

Provincial-level Construction Services act as the sole bodies assisting provincial-level People's Committees in performing the above tasks.

3. Construction works for which the certification of their quality standard conformity has been or is being made under the Construction Ministry's Circular No. 11/2005/TT-BXD of July 14, 2005. guiding the inspection and certification of quality standard conformity of construction works (referred to as Circular No. 11/2005/TT-BXD) before the effective date of this Circular still comply with Circular No. 11/2005/TT-BXD.

4. Works for which the inspection or take-over check is organized by the State Council for Take-Over Check of Construction Works at the request of the Prime Minister are not subject to the certification of full satisfaction of force-bearing safety conditions.

5. Works or work items with certified quality standard conformity including the contents on certification of force-bearing safety which comply with Section II of this Circular are not subject to the certification of full satisfaction of force-bearing safety conditions.

6. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees, and concerned organizations and individuals shall implement this Circular. Problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement.

7. This Circular replaces Circular No. 11/ 2005/TT-BXD and takes effect 15 days after its publication in "CONG BAO."