Thông tư 06/2021/TT-BXD

CIRCULAR

CLASSIFICATION OF CONSTRUCTIONS AND GUIDELINES FOR APPLICATION IN MANAGEMENT OF CONSTRUCTION INVESTMENT

Pursuant to Law on Construction dated June 18, 2014; Law on amendments to Law on Construction dated June 17, 2020;

Pursuant to Law on Architecture dated June 13, 2019;

Pursuant to Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government on elaborating to quality control, construction, and maintenance of constructions;

Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government on elaborating to management of construction project;

Pursuant to Decree No.81/2017/ND-CP dated July 17, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Construction;

At request of Director General of the State Agency for Construction Quality Inspection;

Minister of Construction promulgates Circular on classification of constructions and guidelines for application in management of construction investment.

Article 1. Scope and regulated entities

1. Scope

This Circular elaborates to classification of constructions and guidelines for application of construction classification in management of construction investment according to Clause 4 Article 5 of Law on Construction 2014 and amendments thereto under Clause 3 Article 1 of Law on amendment to Law on Construction 2020 and Clause 2 Article 3 of Decree No. 06/2021/ND-CP.

2. Regulated entities

This Circular applies to individuals making investment decisions, project developers, owners, managers, users of constructions, domestic, overseas contractors, construction regulatory agencies, and other organizations, individuals relating to construction investment conducted in Vietnamese territory.

Article 2. Principles of determining construction classes

1. Construction classes under this Circular are determined based on following criteria:

a) Level of importance, capacity level: Apply to independent constructions or a group of constructions or a technology line consisting of multiple work items under construction investment projects based on structures under Annex I attached hereto;

b) Scale: Apply to independent constructions under construction investment projects based on types of structures under Annex II attached hereto.

2. Class of an independent construction shall be the highest class determined under Annex I and Annex II attached hereto. In case independent constructions are not specified under Annex I attached hereto, construction classes shall be determined according to Annex II attached hereto and vice versa.

3. Construction class of a combination of constructions or a technology line consisting of multiple work items is determined as follows:

a) In case of groups of constructions or technology lines consisting of multiple work items under Annex I hereof, construction class shall conform to Annex I hereof;

b) In case of groups of constructions of technology lines consisting of multiple work items not specified under Annex I hereof, construction class is determined based on the highest classes of primary constructions (of groups of constructions or technology lines). Classes of primary constructions shall conform to Clause 2 of this Article.

4. Class of current constructions that are repaired, renovated, and upgraded is determined as follows:

a) In case the repair, renovation, or upgrade alters criteria for determining construction classes under Clause 1 of this Article, classes of constructions after repair, renovation, and upgrade are determined according to this Article;

b) For cases other than those under Point a of this Clause, classes of constructions before and after repair, renovation, and upgrade do not change.

Article 3. Application of construction classes in management of construction investment

1. Construction classes under this Circular are applied to serve as the basis for managing following construction investment:

a) Determining entitlement when appraising feasibility reports; appraising or providing remarks for technology for construction investment projects utilizing technologies restricted for transfer or construction investment projects that potentially negatively impact the environment and employ high technology according to Law on Technology Transfer; appraising design for implementation after fundamental design; examining inspection for acceptance during construction and completion of construction;

b) Classifying construction capacity of organizations and individuals to issue certificate of construction capacity and certificate of construction practice;

c) Identifying constructions that do not require construction permit;

d) Identifying constructions that must attend architectural measure examination according to Clause 2 Article 17 of Law on Architecture;

dd) Identifying constructions that require separate technical instructions;

e) Identifying constructions that have major impact on community safety and benefits;

g) Identifying constructions that require professional liability insurance;

h) Identifying constructions that must perform periodic assessment regarding safety of constructions during use;

i) Classifying construction incidents and entitlement for dealing with construction incidents;

k) Managing construction investment cost;

l) Determining duration and amount of construction warranty;

m) Identifying constructions that require maintenance procedures;

m) Other activities according to regulations and law on management of construction investment.

2. Apply construction classes to manage construction investment under Point a Clause 1 of this Article as follows:

a) In case a construction investment project only consists of 1 independent construction: Apply construction class according to Clause 2 Article 2 hereof;

b) In case a construction investment project consists of multiple independent constructions or constructions built in lines: Apply class of the constructions with the highest class determined according to Clause 2 Article 2 hereof;

c) In case a construction investment project consists of groups of primary constructions or technology lines with multiple work items: Apply construction classes determined according to Clause 3 Article 2 hereof;

d) In case a construction investment project consists of multiple primary constructions, multiple primary technology lines or a combination: Apply classes of groups of primary constructions or primary technology lines with the highest classes as determined according to Clause 3 Article 2 hereof.

3. Principles of applying construction classes to manage construction investment specified under Point b through Point n Clause 1 of this Article are as follows:

a) In case the scope is an independent structure, apply construction class determined according to Clause 2 Article 2 hereof.

b) In case the scope is several constructions under construction investment projects, apply construction class determined according to Clause 2 Article 2 hereof to each construction in question;

c) In case the scope is the entire groups of constructions or the entire technology lines with multiple work items, apply construction class determined according to Clause 3 Article 2 hereof. In case a construction investment project includes constructions built in lines, conform to Point d of this Clause;

d) In case the scope is a construction, a number of constructions or the entire constructions under construction investment project for constructions built in lines, apply construction class determined according to Clause 2 Article 2 hereof for each construction built in line.

Article 4. Transition clauses

1. Class of constructions under construction investment projects decided for investment before effective date hereof shall be determined according to regulations and law applicable at the time of approving construction investment projects.

2. In case constructions face design revision after effective date hereof:

a) If revision of construction design does not alter criteria for determining construction class specified under Clause 1 Article 2 hereof, construction class shall be determined according to regulations and law applicable at the time of approving construction investment projects;

b) If revision of construction design alters criteria for determining construction class specified under Clause 1 Article 2 hereof, construction class shall be determined according to this Circular.

Article 5. Entry into force

1. This Circular comes into force from August 15, 2021 and replaces Circular No. 03/2016/TT-BXD dated March 10, 2016 of Minister of Construction and Circular No. 07/2019/TT-BXD of Minister of Construction.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

ANNEX I

CLASSIFICATION OF CONSTRUCTIONS BY LEVEL OF IMPORTANCE OR CAPACITY LEVEL
(Attached to Circular No. 06/2021/TT-BXD dated June 30, 2021 of Minister of Construction)

Schedule 1.1 Classification of constructions serving civil purposes (civil constructions)

Note:

- In case other civil constructions with use purposes suit constructions under Schedule 1.1, employ schedule 1.1 to determine classes depending on level of importance or capacity level.

- Consult examples on classes of civil constructions under Annex III.

Schedule 1.2 Classification of constructions for industrial production (industrial constructions)

Ghi chú:

- In case other industrial constructions with use purposes suitable with constructions under Schedule 1.2, use Schedule 1.2 to determine to determine construction class based on level of importance or capacity.

- Consult examples of identifying classes of industrial constructions under Annex III.

Schedule 1.3 Classification of constructions providing technical infrastructure facilities and utilities (technical infrastructure constructions)

Note:

- In case other technical infrastructure constructions having use purposes suitable with constructions under Schedule 1.3, employ Schedule 1.3 to determine construction classes depending on level of importance or capacity level.

- (*): For automobile garages, parking spaces are applicable to passenger automobiles with up to 9 seats or trucks under 3,500 kg. In case an automobile garage provide parking spaces for both automobiles and motorbikes, every 6 parking spaces for motorbikes shall be equivalent to 1 parking space for automobile.

- Examples regarding classification of technical infrastructure constructions are under Annex III.

Schedule 1.4 Classification of traffic constructions

Note:

- For other traffic constructions having use purposes suitable with constructions under Schedule 1.4, employ Schedule 1.4 to determine construction classes depending on level of importance or capacity level.

- Consult examples on classes of traffic constructions under Annex III.

Schedule 1.5 Classification of constructions serving agriculture and rural development (agriculture and rural development)

Note:

- For other agriculture and rural development constructions having use purposes suitable with constructions under constructions under Schedule 1.5, employ Schedule 1.5 to determine classes according to level of importance or capacity level.

- For new animal husbandry facilities, cultivating facilities, forestry facilities, salt farming facilities, fishery facilities, rural development constructions and other agriculture and rural development constructions, due to specific characteristics, constructions investment for these constructions usually include following items: Civil constructions, industrial constructions, traffic constructions, irrigation constructions, technical constructions, etc. thus classification of constructions shall be considered on a case-by-case basis according to regulations hereof.

- Consult examples regarding classification of agriculture and rural development constructions under Annex III.

ANNEX II

CONSTRUCTION CLASSIFICATION BY STRUCTURES
(Attached to Circular No. 06/2021/TT-BXD dated June 30, 2021 of Minister of Construction)

Schedule 2. Classification of constructions by structures

Note:

1. Identification of construction classes based on types and structures is implemented as follows:

a) On the basis of construction characteristics, identify type of structures according to Schedule 2;

b) Identify classes of constructions based on all criteria specified under Point a above. Apply the highest class as construction class.

2. Terms used in criteria for classification of Schedule 2 are construed as follows:

a) houses and house-like structures refer to blocks of construction with parts above-ground, created from load-bearing structures, sheltering structures (optional), and roofs.

b) ground elevation or ground elevation where constructions are built refers to elevation according to approved planning (for areas without planning, apply current design elevation or ground elevation of structures).

c) above-ground storey refers to a storey whose floor elevation is higher or at ground elevation where the construction is built.

d) basement (or underground storey) refers to a storey with more than half of its height situated below ground level where the construction is built.

dd) semi-basement (or semi-underground storey) refers to a storey with half of its height situated at or above ground level where the construction is built.

e) mezzanine refers to an intermediate storey between 2 storeys whose floor is situated between floors of 2 functional storeys or between structure roof and floor of functional storey immediately below; mezzanines shall have floor area smaller than floor area of functional storeys immediately below.  

g) attic refers to a storey situated in the space directly beneath the pitched roof whose entirety or a portion of its vertical surfaces are created by roof pitches or gables with vertical walls (if any) no taller than 1.5 m.

h) rooftop access storey refers to the topmost storey of a building for sheltering stairwells, elevator shafts, construction equipment (if any), providing access to rooftop, and serving rescue and evacuation.

i) mechanical floor refers to a storey where technical equipment of a building is stored (may integrate area of refuge in mechanical floors).

k) underground depth refers to depth from ground elevation where a construction is built to the highest point of the floor of the lowest basement.

l) largest structural span of a house/construction refers to the largest distance between the center of adjacent beams (pillars) that support horizontal structures (beams, floors, roof support, suspension cable, etc.). With respect to console structures, adopt 50% of value under Schedule 2.

m) total floor area of houses/constructions refers to total floor area of all storeys, including basements, semi-basements, mezzanines, mechanical floors, attics, and rooftop access storeys. Floor area of a storey refers to total constructed floor area of the storey, including surrounding wall (or party walls of the building) and surface area of loggias, balconies, stairs, elevator shafts, technical boxes, chimneys.

3. Methods of determining height of a construction/structure:

a) For constructions/structures under 2.1: Height is determined from ground elevation where the constructions/structures are located to the highest point of the constructions/structures (including rooftop access storey or pitched roofs). For constructions/structures situated on ground with different elevations, height shall be calculated at the lowest ground elevation. If utility equipment such as antennas, lightning arresters, solar power equipment, metal water tanks, etc. is installed on top of a construction, height of such utility equipment is not included in height of the construction.

b) For structures under 2.2: height of structure is calculated from ground elevation to the highest point of the structures. For constructions situated on ground with different elevations, height shall be calculated at the lowest ground elevation.

Height of structures in specific cases is regulated as follows:

+ For structures under 2.2.1: height of structures equals total height of supporting towers/poles/pillars and equipment installed on said towers/poles/pillars;

+ For structures installed on current constructions under 2.2.2: height of structures is determined from the bottom to the top of installed structures (example: if a BTS pole is 12 m in length and situated on top of a 3-storey building, height of the BTS pole structure shall be 12 m).

c) For structures under 2.3:

- Height of support beams: Distance from the highest point of supporting foundation to the highest point of the beams;

- Height from ground level, water level: Distance from suspension cable to ground level or water level (annual average water level) below;

d) For container structures under 2.4: Height of container structure is determined in a manner similar to 2.1

dd) For structures under 2.5: Height of piers refers to distance from pile caps to pier caps;

e) For walls and embankments under 2.7;

- Wall height: Calculated from the lower ground level to the highest point of the walls;

- Embankment height: Equal total height of structure underwater and above water.

g) For dams under 2.8:

- Dams under 2.8.1: Dam height is calculated from the lowest elevation after clearing foundation (excluding height of dam toe) to the highest point of the dams;

- Dams under 2.8.2: Dam height is calculated from the lowest point of the toe to the highest point of the dams.

h) For structures under 2.14.2: Height is calculated from ground level to highest point of the structures.

4. Methods of determining number of above grade storey of constructions under 2.1:

Number of above grade storey of a construction: Equals total number of above-ground storeys and number of semi-basements, not including attics. For following specific cases, rooftop access storey and mezzanines are not included in number of above grade storey:

- Rooftop access storey shall not be included in number of above grade storey when floor area of rooftop access storey does not exceed 30% of roof area.

- Mezzanines are not included in number of above grade storey in following cases:

+ Detached houses, detached houses combining with other civil purposes: Mezzanines with total floor area not exceeding 65% of floor area of functional storey immediately below and only one mezzanine is allowed to be excluded from number of above grade storey of a building.

+ Apartment buildings, mixed use apartments: Only 1 mezzanine is excluded from number of above grade storey of the building when the mezzanine is utilized as technical sectors (examples: technical floor for swimming pools, power generator floor, or other equipment), with floor area not exceeding 10% of floor area of the storey immediately below and not exceeding 300 m².

+ Other structures: Mezzanines only used as technical sectors with floor area not exceeding 10% of floor area of functional storey immediately below.

5. For open water drainage channels (technical infrastructure constructions): Determine construction classes based on reinforced structures of channel banks or slopes (choose type appropriate with 2.7 or 2.9 under Schedule 2).  

6. Consult examples regarding classification of constructions by types and structures under Annex III.

ANNEX III

EXAMPLES REGARDING CONSTRUCTION CLASSIFICATION
(Attached to Circular No. 06/2021/TT-BXD dated June 30, 2021 of Minister of Construction)

3.1 Example 1: Constructions for civil purposes (civil constructions) – High School A

Construction project for “High School A” for 1,500 students. The project consists of following constructions:

- A1 Building (Administrative building): 8-storey high with total floor are of 4,000 m²;

- A2 Building (Studying building): 6-storey high with total floor are of 4,650 m²;

- A3 Building (Studying building): 4-storey high with total floor are of 4,000 m²;

- A4 Building (Studying building): 5-storey high with total floor are of 5,000 m²;

- A5 Building (Building for physical training and competition of indoor sports together with bleacher; in addition, this building is also used as location for meeting, gathering in case of school events): 2-storey high (18m), 200-seat bleacher, total floor area of 2,400 m², largest structural span of 30 m, and total capacity (for organizing events) of 750 people;

- A6 Building (Dormitory): 5-storey high with total floor are of 3,000 m²;

- A7 Building (Canteen): 2-storey high with total floor are of 600 m²;

- Yard: 2 ha in area;

- Internal roads in the school: 1 lane for pedestrians, bicycles, motorcycles, and automobiles;

- Fence: 3m tall;

- Guard post: 1-storey high with floor area of 12 m².

Construction class is determined as follows:

a) Identify class of total of all primary constructions:

High School A consists of primary constructions serving education purposes (including constructions from A1 through A5). Construction classes by capacity level are determined according to Clause 3 Article 2 hereof: Corresponding to Section 1.1.1.3 Schedule 1.1 Annex I and for 1,500 students. Construction class of High School A by capacity level is class II.

b) Identify classes of constructions of High School A:

- A1 Building: Not specified under Schedule 1.1 Annex I and thus determined by type and structures according to Clause 2 Article 2 hereof. According to Schedule 2 Annex II, this construction corresponds to section 2.1.1; construction class determined by total area: class III, by number of above grade storey: class II. Class of A1 Building is class II (the highest class determined).

- A2 Building: Methods of determining construction class are similar to those applied to A1 Building. Class of A2 Building is determined to be class III.

- A3 Building: Methods of determining construction class are similar to those applied to A1 Building. Class of A3 Building is determined to be class III.

- A4 Building: Methods of determining construction class are similar to those applied to A1 Building. Class of A4 Building is determined to be class III.

- A5 Building: This construction has separate capacity level and thus its class is determined according to Clause 2 Article 2 hereof as follows:

+ Determine class by capacity level: Corresponds to section 1.1.3.2 Schedule 1.1 of Annex I (sports structures): Class III; corresponds to section 1.1.4.1 Schedule 1.1 of Annex I (constructions for mass gathering): Class II. The highest construction class determined by capacity level: Class II;

+ Determine class by structure: Corresponds to section 2.1.1 Schedule 2 Annex II; class determined by height: Class III; class determined by number of above grade storey: Class III; class determined by total floor area: Class III; class determined by the largest structural span: Class III. The highest class determined by structure: Class III. Construction class of A5 Building shall be class II (the highest class determined from capacity level and structure).

- A6 Building: Methods of determining construction class are similar to those applied to A1 Building. Class of A6 Building is determined to be class III.

- A7 Building: Methods of determining construction class are similar to those applied to A1 Building. Class of A7 Building is determined to be class III.

- Yard: Corresponds to section 1.3.4 Schedule 1.3 Annex I, construction class determined by floor area is class IV.

- Internal roads in the school: Refer to specialized roads under 1.4.1.5 Schedule 1.4 Annex I. Construction class is determined to be class IV.

- Fences: Not specified under Schedule 1.1 Annex I and thus determined by type and structures according to Clause 2 Article 2 hereof. According to Schedule 2 Annex II, these structures correspond to section 2.14.2; construction class determined by height is class IV.

- Guard post: Methods of determining construction class are similar to those applied to A1 Building. Class of guard posts is determined to be class IV.

c) Application of construction classes in management of construction investment:

- Application of construction classes for identifying entitlement is specified under Point a Clause 1 Article 3 hereof: High School A has a group of primary constructions, according to Point c Clause 2 Article 3 hereof, apply class of total of primary construction (as determined under Point a of this example) which is class II.

- Apply construction class to manage construction investment specified under Point b through Point n Clause 1 Article 3 hereof; an example on classifying construction capacity of organizations, individuals engaged in construction affairs is as follows:

+ In case scope of implementation is the entire group of constructions: According to Point c Clause 3 Article 3 hereof, apply class of total of constructions (as determined under Point a of this example) which is class II;

+ In case scope of implementation applies to some constructions of an investment project: According to Point b Clause 3 Article 3 hereof, apply construction class (as determined under Point b of this example) for each construction in question; for example: apply class II to A1 Building; apply class III to A3 Building; apply class IV to yard;

In case scope of implementation is an independent construction: According to Point a Clause 3 Article 3 hereof, apply class of construction determined (according to Point b of this example); example: apply class III to A2 Building; similarly, if organizations and individuals only participate in implementing fences or guard posts, apply class IV.

3.2 Example 2: Civil construction – General Hospital Q

Investment project for construction of “General Hospital Q” provides 450 hospital beds. The project consists of following constructions:

- Q1 Building (Working office, training and research center of the hospital): 9-storey high, total floor area of 8,000 m²;

- Q2 Building (Medical examination and testing center): 3-storey high, total floor area of 2,500 m²;

- Q3 Building (Emergency aid and surgery): 2-storey high, total floor area of 2,000 m²;

- Q4 Building (Wards and post-surgery care): 22-storey high, total floor area of 22,000 m²;

- Q5 Building (Food processing area): 2-storey high, total floor area of 1,000 m²;

- A6 Building (Canteen): 2-storey high with total floor are of 600 m²;

- A7 Building (Mortuary): 1-storey high with total floor are of 500 m2;

- A8 Building (Mortuary): 1-storey high with total floor are of 500 m2;

- Wastewater processing station: 1,500 m³/24 hours;

- Solid waste processing station: Incineration capacity of 5 tonne/24 hours;

- Ornamental plants and gardens;

- Outdoor parking space: 5,000 m²;

- Internal road in the hospital: 1 lane for motorbikes and automobiles;

- Fence: 4.5 m high;

- Guard posts (4 buildings): 1-storey high and 12 m² in area each;

- Motor electrical system: Line and transformers, supply voltage < 35 kV;

- Water supply system (Reservoir and pumping station): Capacity 1,500 m³/24 hours;

- Wastewater drainage sewer system: Inner diameter D = 450 mm, with 900m in length.

Construction class is determined as follows:

a) Identify class of total of primary constructions:

General Hospital Q has a combination of primary constructions for medical examination and treatment and other medical activities (including Q1, Q2, Q3, Q4, and Q7 constructions). Construction class by capacity level is determined according to Clause 3 Article 2 hereof: corresponds to section 1.1.2.1 Schedule 1.1 Annex I and 450 hospital beds. General Hospital Q has construction class by capacity level of class II.

b) Identify classes of constructions of General Hospital Q:

- Q1 Building: Not specified under Schedule 1.1 Annex I and thus determined by type and structures according to Clause 2 Article 2 hereof. According to Schedule 2 Annex II, these structures correspond to section 2.1.1; construction class of Q1 Building is determined to be class II.

- Q2 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q2 Building is determined to be class III.

- Q3 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q3 Building is determined to be class III.

- Q4 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q4 Building is determined to be class II.

- Q5 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q5 Building is determined to be class III.

- Q6 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q6 Building is determined to be class III.

- Q7 Building: Methods of determining construction class are similar to those applied to Q1 Building. Class of Q7 Building is determined to be class IV.

- Q8 Building: Funeral parlor is a structure in Schedule 1.3 Annex I and is classified based on level of importance. In this case, construction class is determined according to Clause 2 Article2 hereof as follows:

+ Identify based on level of importance: Corresponds to section 1.3.6 Schedule 1.3 Annex I, construction class is determined to be class II;

+ Identify based on structures: Corresponds to section 2.1.1 Schedule 2 Annex II, construction class is determined to be class IV;

Thus construction class of Q8 building is determined to be class II (the highest class determined from level of importance and structures).

- Wastewater processing station: Corresponds to section 1.3.2.3 Schedule 1.3 Annex I, construction class is determined to be class III.

- Solid waste processing station: Corresponds to section 1.3.3.1.b Schedule 1.3 Annex I, construction class is determined to be class III.

- Outdoor parking space: Corresponds to section 1.3.8.3 Schedule 1.3 Annex I, construction class is determined to be class IV.

- Water supply system (reservoir and pumping station): Corresponds to section 1.3.1.2 Schedule 1.3 Annex I; construction class is determined to be class III.

- Wastewater drainage sewer system: Not specified under Schedule 1.3 Annex I and thus determined by type and structures according to Clause 2 Article 2 hereof. According to Schedule 2 Annex II, this construction corresponds to section 2.10.3; construction class determined by pipe diameter is class III but since sewer length is lower than 1,000 m, construction class is lower by 1, down to class IV.

- Motor electrical system: Corresponds to section 1.2.5.11 Schedule 1.2 Annex I, construction class determined is class IV.

- Methods of identifying classes of garden, internal roads, fences, guard posts shall be similar to example 1 hereof.

c) Apply construction classes in management of construction investment: Methods of identifying shall be similar to example 1 hereof.

3.3 Example 3: civil construction – Complex X

Investment project for construction of “Complex X” takes place on Plot A in an urban area with complete technical infrastructure system. Complex X consists of following constructions:

- X1 Building (Apartment building): 15-storey high, 60 m tall, total floor area of 12,000 m²;

- X2 Building (Office building): 18-storey high, 72 m tall, total floor area of 15,000 m²;

- X3 Building (Mixed commercial, service, office, apartment building): 25-storey high, 100 m tall, total floor area of 22,000 m²;

- Gardens between buildings: 1,000 m² in area,

Construction class is determined as follows:

a) Identify classes of constructions of Complex X:

Complex X has several primary independent constructions such as X1, X2, and X3 buildings; classes of such buildings are determined according to Clause 2 Article 2 hereof as follows:

- X1 Building: Not specified under Schedule 1.1 Annex I and thus determined by type and structures. According to Schedule 2 Annex II, these structures correspond to section 2.1.1; construction class of X1 Building is determined to be class II.

- X2 Building: Methods of determining construction class are similar to those applied to X1 Building. Class of X2 Building is determined to be class II.

- X3 Building: Methods of determining construction class are similar to those applied to X1 Building. Class of X3 Building is determined to be class I.

- Methods of determining classes of gardens shall be similar to example 1 hereof.

b) Application of construction classes in management of construction investment:

- Application of construction classes for identifying entitlement is specified under Point a Clause 1 Article 3 hereof: Complex X has a group of primary constructions, according to Point b Clause 2 Article 3 hereof, apply class of total of primary construction with the highest class (X3 Building, as determined under Point a of this example) which is class I.

- Application of construction classes for management of construction investment specified under Point b through Point n Clause 1 Article 3 hereof: Methods of determining shall be similar to example 1 hereof.

3.4 Example 4: Industrial construction - Cement Factory A

Construction project for “Cement Factory A” takes place with design capacity of 2 million tonne of cement/year. Input materials: clay, limestone, coal, additives provided by other companies. The project consists of following constructions:

- Constructions of primary technology line (cement manufacturing line): Coal mill, mill for raw ingredients, ingredient powder silo, transport from ingredient powder silo to preheaters, preheaters, rotary furnaces, clinker coolers, clinker silos.  Transport from clinker silos to cement mills, cement mills, cement silos, etc.

- Other independent constructions of the project such as: Material storage, mechanic workshop, coordination building, medical station, water drainage channels; tunnels; weigh stations and other constructions.

Construction class is determined as follows:

a) Identify classes of primary technology line:

The Cement Factory A Project has primary technology line whose construction class is determined according to Clause 3 Article 2 hereof. Class of this technology line is determined based on capacity level, corresponds to section 1.2.1.2 Schedule 1.2 Annex I of cement factories, and equals class I.

b) Identify classes of constructions of Cement Factory A:

Classes of industrial constructions of the factory are determined according to Clause 2 Article 2 hereof. Except for cement mills which are included in Schedule 1.2 Annex and classified based on capacity level and structures, remaining constructions are not included in Schedule 1.2 Annex I and thus classes thereof are determined based on type and structures according to Schedule 2 Annex II hereof. Examples are below:

- Coal storage (spherical, closed roof with 120 m in diameter): The construction corresponds to section 2.1.1 Schedule 2 Annex II; identify construction class based on total floor area of 11,300 m2: Class II; based on the greatest structural span of 120 m: Class I; based on height of 20 m: Class III. Class of coal storage: Class I (the highest class determined).

- CC conveyor (transporting coal from coal storage to coal mills: containers positioned on support beams; container dimension of 3 m x 3 m; height of support beams from ground level: from 9 m to 24 m; the greatest structural span between centers of 2 beams: 30 m): Corresponds to section 2.1.3 Schedule 2 Annex II; classify by height H = 12÷27 m (total height of support beams and conveyors): class III; classify by structural span L = 30 m: class III. Class of coal conveyor: Class III (the highest class determined).

- Cement silo 1 (volume V = 10,000 m³; height H = 45 m; diameter D = 20 m): Corresponds to 2.4 of Schedule 2 Annex II: classify by volume: Class II; classify by height: Class II. Class of Cement silo 1: class II (the highest class determined).

- Preheaters (8-storey high, 82 m tall; total floor area of 5,400 m2): Corresponds to 2.1.2 Schedule 2 Annex II; classify by height: Class I; classify by above grade storey: Class II; classify by total floor area: Class III. Class of preheater: Class I (the highest class determined).

- Rotary furnace support beams (Reinforced concrete beams supporting rotary furnaces with diameter of 5 m. beams height: H1 = 9 m; total height including equipment: H = 9 m + 5 m = 14 m): Corresponds to 2.2.1 Schedule 2 Annex II ; construction class determined by height is class III.

- Chimney (Reinforced concrete chimney with 120 m in height): Corresponds to section 2.2.1 Schedule 2 Annex II; construction class determined by height is class I.

- Weight stations (for automobiles): With tank made of reinforced concrete positioned underground and equipment placed in the tank: clearance dimension of the tank (Length x Width x Depth) – (5 m x 14 m x 4.5 m).  According to Schedule 2 Annex II, the construction corresponds to 2.4; classify by underground depth: Class III; classify by volume (V = 315 m³): Class IV. Class of weigh stations: Class III (the highest class determined).

- Methods of determining classes of civil constructions such as coordination building, medical stations and other constructions are specified under example 1 hereof.

- Methods of determining classes of technical infrastructure constructions such as storage spaces for machinery and equipment, wastewater processing stations, water supply systems, and other constructions are specified under example 2 hereof.

c) Application of construction classes in management of construction investment:

- Application of construction classes for identifying entitlement is specified under Point a Clause 1 Article 3 hereof: Cement Factory A has a primary technology line, according to Point c Clause 2 Article 3 hereof, apply class of primary technology line (as determined under Point a of this example) which is class I.

- Apply construction class to manage construction investment specified under Point b through Point n Clause 1 Article 3 hereof; an example on classifying construction capacity of organizations, individuals engaged in construction affairs is as follows:

+ In case scope of implementation is the whole primary technology line: According to Point c Clause 3 Article 3 hereof, apply class of primary technology line (as determined under Point a of this example) which is class I;

+ In case scope of implementation is an independent construction (of primary line or other independent structure of the project) or several constructions of the investment project: methods of determining is specified under example 1 hereof.

3.5 Example 5 – Industrial construction – Hydroelectricity B

Investment project for construction of “Hydroelectricity B” has design capacity of 30 MW. The project consists of following constructions:

- Reservoir: 10 million m³ in volume;

- Constructions in the “front routes” consist of: Primary dams (30 m high, made of concrete on rock foundation), overflow spillway, secondary dams, etc.;

- Constructions in the “energy routes” consist of: Hydroelectricity plant (30 MW capacity), water intake gates, water tunnels, water towers, pipes guiding water to turbine, release gates, discharge channels, etc.;

- Other constructions such as: Powerlines and transformers (voltage of 110 kV), traffic roads, coordination buildings (4-storey high, no basements), administration buildings, guard posts, gates, fences, etc.;

- Auxiliary constructions serving construction include: Dykes (7 m tall, earthened), current redirecting channels, current redirecting sewers, temporary roads serving constructions, etc.

Construction class is determined as follows:

a) Identify class of all primary constructions:

Hydroelectricity B Project consists of multiple primary constructions (reservoir, damp, hydroelectricity plant). Classes of group of primary constructions shall conform to Clause 3 Article 2 hereof. According to 1.2.5.3 Schedule 1.2 Annex I, class of groups of constructions is determined as follows:

- Reservoir:: Corresponds to Point b section 1.2.5.3 Schedule 1.2 Annex I, construction class determined by volume is class III;

- Primary dam: Corresponds to Point c section 1.2.5.3 Schedule 1.2 Annex I, construction class determined based on height of concrete dam on rock foundation is class II;

- Hydroelectricity plant: Corresponds to Point a section 1.2.5.3 Schedule 1.2 Annex I, construction class determined by capacity is class III.

Thus, total class of the group of primary constructions of Hydroelectricity B is class II (according to class of primary dam).

b) Identify class of constructions of Hydroelectricity B:

- Classes of reservoir, primary dam, and plant have already been identified under section a of this example;

- Classes of other constructions of the hydroelectricity plant are determined according to Clause 2 Article 2 hereof. Examples are below:

+ Powerlines and transformers: Corresponds to section 1.2.5.11 Schedule 1.2 Annex I, construction class determined by voltage is class II;

+ Traffic roads in the area: Determine according to example 1 of this Annex;

+ Coordination building: Not specified under Schedule 1.1 Annex I and thus determined by type and structures. According to Schedule 2 Annex II, this structure corresponds to section 2.1.1; construction class is determined to be class III.

c) Apply construction classes in management of construction investment: Methods of identifying shall be similar to example 1 hereof.

3.6 Example 6: Industrial construction – Mechanical Factory C

Investment project for construction of “Mechanical Factory C” for manufacturing small mechanic products according to orders placed by other enterprises. Products of the factory are diverse and dependent on customers’ demands thereby leading to inability to identify type of products and manufacturing capacity at the time of preparing the project. The project consists of following constructions:

- Storage: 1-storey high, greatest structural span of 24 m, total floor area of 6,000 m², 12 m in height form ground level to the highest point of the roof;

- Primary manufacturing facility (where equipment and technology lines are installed): Industrial building, 1-storey high, 3 structural spans, greatest structural span of 60 m, total area of 10,000 m2, building height of 18 m (from ground level to the highest point of the roof);

- Office building (use as office, diner, recreational space for employees, etc.);

- Storage yard (concrete yard for materials and machinery): 1 ha in area; and other constructions such as guard posts, fences, transformers, etc.

Construction class is determined as follows:

a) Identify class of primary constructions:

Mechanical Factory C has one primary construction which is primary manufacturing facility. Class of primary construction determined according to Clause 2 Article 2 hereof is class II (class of primary manufacturing facility is determined under Point b of this example)

b) Identify classes of constructions of Mechanical Factory C:

- Classes of storage, primary manufacturing facilities of the Mechanical Factory C are determined according to Clause 2 Article 2 hereof. These constructions have no level of importance or capacity level and are not specified under Schedule 1.2 Annex I hereof and thus are classified by type and structures.

+ Storage: According to Schedule 2 Annex II, this construction corresponds to section 2.1.1; classify by height: Class III; classify by above grade storey: Class IV; classify by total floor area: Class III; classify by the greatest structural span: Class III.  Class of storage: Class III (the highest class determined).

+ Primary manufacturing facility : According to Schedule 2 Annex II, this construction corresponds to section 2.1.1; classify by height: Class III; classify by above grade storey: Class IV; classify by total floor area: Class III; classify by the greatest structural span: Class II.  Class of primary manufacturing facility: class II (the highest class determined).

- Methods of determining classes of office building, storage yard, guard posts, fences, and transformers are similar to example 1 through example 4 hereof.

c) Application of construction classes in management of construction investment:

- Application of construction classes for identifying entitlement is specified under Point a Clause 1 Article 3 hereof: Mechanical Factory C has one primary construction which is primary manufacturing facility, according to Point a Clause 2 Article 3 hereof, apply class of primary construction (as determined under Point a of this example) which is class II.

- Application of construction classes for management of construction investment specified under Point b through Point n Clause 1 Article 3 hereof: Methods of determining shall be similar to example 1 hereof.

3.7 Example 7: Technical infrastructure construction – HN Television Tower

Construction project for “HN Television Tower” with 600 m in height. The project consists of following constructions:

- Primary tower: 600 m high;

- P1 (Outdoor parking lot): 1 ha in area;

- P2 (Garden): 5 ha in area.

Construction class is determined as follows:

a) Identify class of primary constructions:

The “HN Television Tower” project has a primary construction which is the primary tower and auxiliary works. Class of primary construction shall be determined according to Clause 2 Article 2 hereof. Primary tower has no level of importance or capacity level and thus shall be classified based on type and structures. Construction class is special class (class of primary tower determined according to Point b of this example).

b) Identify classes of other constructions of the HN Television Tower:

- Primary tower: According to Schedule 2 Annex II, this structure corresponds to section 2.2.2; construction class determined by height is special class.

- P1 construction: Class IV (methods of determining class of construction are specified under example 1 of this Annex).

- P2 construction: Class III (methods of determining class of construction are specified under example 1 of this Annex).

c) Apply construction classes in management of construction investment: Methods of identifying shall be similar to example 6 hereof.

3.8 Example 8: Technical infrastructure construction – Water Plant A

Investment project for construction of “Water Plant A” with capacity of 50,000 m³/24 hours for supply domestic water for an urban area. The project consists of following constructions:

- A1 (Pipeline for raw water from sources): Inner diameter D = 1,000 mm, 5,000 m in length;

- A2 (Water containment and processing tank): 12,000 m³ in volume, situated half below ground level, 5 m below ground level, 3 m in height;

- A3 (Backup clean water tank): 3,000 m³ in volume, situated half below ground level, 5 m below ground level, 3m in height;

- A4 (Clean water pump stations): 70,000 m3/24 hours in capacity situated in building with 1-storey high, 8 m tall, total floor area of 1,000 m²;

- A5 (primary water supply pipes): Inner diameter D = 800 mm, 10,000 m in length.

- A6 (branching water supply pipes): Inner diameter D = 600 mm, 15,000 m in length;

- A7 (water distribution pipes): Diameter D = 125 mm; and other constructions.

Construction class is determined as follows:

a) Identify classes of primary technology line:

Water Plant A Project has primary technology lines serving extraction, production, and distribution of water (constructions A1 through A7). Construction class determined by capacity level according to Clause 3 Article 2 of this Circular: Corresponds to section 1.3.1.1 Schedule 1.3 Annex I with water supply capacity of 50,000 m³/24 hours. Class of Water Plant A determined by capacity level is class I.

b) Identify classes of constructions of Water Plant A:

Classes of other constructions of Water Plant A are determined according to Clause 2 Article 2 hereof as follows:

- Construction A1: Has no capacity level (not included in Schedule 1.3 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this structure corresponds to section 2.10.1; construction class of A1 is determined to be class I.

- Construction A2: Has no capacity level (not included in Schedule 1.3 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this construction corresponds to section 2.4; classify by volume: Class II, classify by underground depth: Class III, classify by height: Class IV. Class of A2: class II (the highest class determined).

- Construction A3: Methods of determining construction class are similar to those applied to construction A2. Class of construction A3 is determined to be class III.

- Construction A4: This construction is classified as follows:

+ Identify based on capacity: Corresponds to section 1.3.1.2 Schedule 1.3 Annex I, construction class is determined to be class I;

+ Determine class by structure: Corresponds to section 2.1.1 Schedule 2 Annex II; class determined by height: Class III; class determined by number of above grade storey: Class IV; class determined by total floor area: Class III. Highest class determined by structures: Class III.

Thus class of construction A4 is class I (the highest class determined by capacity and structures).

- Construction A5: Methods of determining construction class are similar to those applied to construction A1. Class of construction A5 is determined to be class I.

- Construction A6: Methods of determining construction class are similar to those applied to construction A1. Class of construction A6 is determined to be class II.

- Construction A7: Methods of determining construction class are similar to those applied to construction A1. Class of construction A7 is determined to be class IV.

c) Apply construction classes in management of construction investment: Methods of identifying shall be similar to example 4 hereof.

3.9 Example 9: Technical infrastructure construction - Automobile parking lot, automobile parking garage

a) Parking Garage A (underground parking garage with no above grade storey):

Underground parking garage with 3 basements, 18 m in depth from ground level to floor level of the 3^rd basement, 5,000 m² of total floor area, parking capacity: 400 automobiles. Class of this construction is determined according to Clause 2 Article2 hereof as follows:

- Classify based on capacity: Corresponds to section 1.3.8.1 Schedule 1.3 Annex I, construction class is determined to be class II based on parking capacity;

- Classify by type and structure: Corresponds to section 2.1.1 Schedule 2 Annex II; classify by number of basement: Class II; classify by depth: Class II; classify by total floor area: Class III. Highest class determined by structures: Class II;

Thus class of Parking Garage A is class II (the highest class determined by capacity and structures).

b) Parking Garage B (with both above ground storey and basement):

Above ground parking garage with 3 above grade storeys and 2 basements with total floor area of 12,000 m² (underground area: 4,500 m², above grade storey area: 7,500 m²), parking capacity: 400 vehicles (150 parking spaces underground and 250 parking spaces above ground). Class of this construction is determined according to Clause 2 Article2 hereof as follows:

- Classify based on capacity: Corresponds to section 1.3.8.1 and section 1.3.8.2 Schedule 1.3 Annex I, construction class determined based on underground parking capacity is Class III and Class III based on above ground parking capacity. The highest construction class determined by capacity level: Class III;

- Classify by type and structures: Corresponds to section 2.1.1 Schedule 2 Annex II, construction class is determined to be class II;

Thus class of Parking Garage B is class II (the highest class determined by capacity and structures).

c) Parking Lot C without parking garage:

Parking Lot C: Reinforced concrete yard with 10,000 m² in area and no parking garage. Class of this construction is determined according to Clause 2 Article 2 hereof as follows: Corresponds to section 1.3.8.3 Schedule 1.3 Annex I, construction class determined by total area is class IV.

3.10 Example 10: Traffic constructions – Automobile Expressway A

Investment project for construction of “Automobile Expressway A” 200 km in length and 120 km/h in design velocity. Following constructions are installed on the route:

- A1 (Automobile expressway): Design velocity of 120 km/h;

- A2 (Road bridge): 4 spans, greatest span of 40 m, pier height of 20;

- A3 (Road tunnel): Mountain tunnel with roof made of reinforced concrete, 300 m in length, cross section area of 200 m²;

- A4 (tollbooth): Frame structure with roof, height from the top of the construction: 15 m, length of greatest structural span: 40 m; and other small components: Warning sign posts, sign frames, local underpass, guardrails.

The Automobile Expressway A Project is constructed with several primary constructions serving transport (constructions A1, A2, and A3) and auxiliary works (A4 and other small components). Classes of these constructions are determined according to Clause 2 Article2 hereof as follows:

a) Identify classes of all primary constructions:

- A1: This construction has capacity level and is not regulated to be classified by type and structures. According to section 1.4.1.1 Schedule 1.4 Annex I, construction class determined according to design velocity is special class.

- A2: Has no level of importance or capacity level (not included in Schedule 1.4 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this construction corresponds to section 2.5.1, classify by the largest structural span: Class III, classify by pier height: Class II. Class of A2: class II (the highest class determined).

- A3: Has no level of importance or capacity level (not included in Schedule 1.4 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this construction corresponds to section 2.6.1, classify by total length: Class II, classify by cross section: Class I, classify by tunnel roof structure: Class II. Class of A3: class I (the highest class determined).

b) Identify class of auxiliary works:

- A4: Has no level of importance or capacity level (not included in Schedule 1.4 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this construction corresponds to section 2.1.3, classify by the largest structural span: Class III, classify by height: Class III. Class of A4: class III (the highest class determined).

- Other small components (warning sign posts, sign frames, local underpass, guardrails, etc.) are classified according to Clause 2 Article 2 hereof. If the construction is not specified or unsatisfactory to Schedule 1.4 Annex I, classify by type and structures (employ Schedule 2 Annex II).

c) Application of construction classes in management of construction investment:

- Application of construction classes for identifying entitlement is specified under Point a Clause 1 Article 3 hereof: Automobile Expressway A has several primary constructions, according to Point b Clause 2 Article 3 hereof, apply class of primary construction with the highest class (class of A1 as determined under Point a of this example) which is special class.

- Apply construction class to manage construction investment specified from Point b through Point n Cause 1 Article 3 hereof: Examples regarding classifying construction capacity of organizations and individuals engaged in constructions for some or all of constructions of the project shall conform to Point d Clause 3 Article 3 hereof as follows:

+ If scope of implementation applies to one construction, for example A1, apply construction class of A1 (determined under Point a of this example) which is special class;

+ If scope of implementation applies to multiple constructions, for example A2 and A3, apply construction class of A2 (for road bridges) which is class II and A3 (for underpasses) which is class I (as determined under Point a of this example);

+ If scope of implementation applies to all constructions, apply classes of respective constructions (determined under Points a and b of this example).

3.11 Example 11: Traffic constructions – Lighthouse M

“Lighthouse M” is constructed on an island with 50 m in height from surrounding ground level. Class of “Lighthouse M” is determined according to Clause 2 Article2 hereof as follows:

Construction “Lighthouse M”: is not included in Schedule 1.3 Annex I and thus shall be classified by type and structures. According to Schedule 2 Annex II, these structures correspond to section 2.2.3; construction class determined by height is class II.

3.12 Example 12 – Agriculture and rural development constructions – Farm A

Investment project for construction of “Farm A” with 30 ha in area consists of following constructions:

- A1: Water supply system for irrigation for 25 ha of area;

- A2: Water drainage system for 29.5 ha of area;

- A3 (greenhouse): 1-storey high, 12 m tall, greatest structural span of 30 m, total area of 4,000 m²; and other constructions: Working building, houses for workers, internal roads; Transformers and powerlines; Water supply system for domestic water (tanks and pipelines); Drainage system for domestic water; storage; Warehouses, fences.

Farm A Project has several primary constructions serving irrigation and cultivation (constructions A1, A2, and A3) and other auxiliary works, classes of these constructions are determined according to Clause 2 Article 2 hereof as follows:

a) Identify classes of all primary constructions:

- A1: This construction has capacity level and is not regulated to be classified by type and structures. According to section 1.5.1.1 Schedule 1.5 Annex I, construction class determined by irrigation area is class IV.

- A2: This construction has capacity level and is not regulated to be classified by type and structures. According to section 1.5.1.1 Schedule 1.5 Annex I, construction class determined by drainage area is class IV.

- A3: Has no level of importance or capacity level (not included in Schedule 1.5 Annex I), and thus shall be classified by type and structures. According to Schedule 2 Annex II, this structure corresponds to section 2.1.1; construction class is determined to be class III.

b) Methods of determining classes of other constructions are specified under this Annex.

c) Apply construction classes in management of construction investment: Methods of identifying shall be similar to example 3 hereof./.