Thông tư 05/2009/TT-BTNMT

CIRCULAR

ON GUIDELINES FOR INSPECTION, APPRAISAL AND ACCEPTANCE OF WORKS AND CADASTRAL PRODUCTS

Pursuant to the Land Law dated November 26, 2003;

Pursuant to Decree No.12/2002/ND-CP dated January 22, 2002 of the Government on geodesic and cartographic activities;

Pursuant to Decree No.25/2008/ND-CP dated March 04, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;

To ensure the construction progress and to strengthen the inspection, appraisal and acceptance of quality and quantity of works, cadastral products, Ministry of Natural Resources and Environment guides as follows:

I. GENERAL PROVISIONS

1. Scope of governing, application subjects

1.1. This Circular prescribes the contents, methods, level and responsibility for the inspection of construction progress; inspection, appraisal, acceptance of quality, the volume of each stage, work item or the entire work, the cadastral product (hereinafter referred to as inspection, appraisal and acceptance of work, cadastral products) including:

a) Formation of the cadastral network; measurement for making, revision of cadastral maps; measurement of status of land use; copy from the original cadastral maps; digitization of cadastral maps;

b) Establishment, supplementation and revision of cadastral books, books of land inventory, books of monitoring land changes and archives of certificates of land use rights; copy from the original cadastral data;

c) Cadastral database;

d) Statistics and inventories of land; mapping of land use status.

1.2. This Circular shall apply to the State management agencies, organizations and individuals engaged in activities related to the works, cadastral products.

2. Purposes of inspection, appraisal and acceptance of quality, quantity of the works, cadastral products

2.1. To ensure the observance of standards, regulations, rules, procedures, technical regulations, the economic - technical norms and other legal documents related to the construction, inspection and appraisal and acceptance of cadastral works, products; avoid duplication, omissions or mistakes.

2.2. To detect errors and violations in the implementation process for timely treatment, remedy or removing the products not guaranteeing quality.

2.3. To confirm quality and quantity of each stage, work item or the entire work, cadastral products that have been completed.

3. Principles of inspecting construction progress, inspection, appraisal and acceptance of quality, quantity of works, cadastral products

3.1. The inspection of the construction progress, inspection, appraisal and acceptance of quality, quantity of works, cadastral products must be conducted regularly in the implementation process; the plans of inspection, appraisal and acceptance must be made on the basis of the progress of construction of each stage, each work item, cadastral product.

3.2. The organizations and individuals that construct (referred to as construction unit) works, cadastral products must self-inspect, accept the quality and quantity of all stages, work items, cadastral products before the competent agencies inspect and accept.

3.3. The investors based on the work items of the work, the products that have been approved by the competent authority shall inspect the construction progress; inspect and appraise the quality and quantity of work, cadastral products in the construction process: inspect and appraise and accept quality and quantity of each stage, each item or the entire work, cadastral products that have been completed.

3.4. Agency deciding investment must evaluate the dossiers of acceptance; identifying the works, products needed to inspect and evaluate the quality and quantity when deciding on investment and inform the land management agencies in the Central level.

3.5. Land management agencies at the central level appraise the works, products of statistic, land inventory, formation of use current state map of land implemented by the provinces and centrally-run cities (hereinafter referred to as province) and other ministries and branches; for the other works, products, it shall be based on the notice of the agency deciding on investment to determine the product works required to inspect and report to the agency deciding on investment.

4. Legal bases to inspect the progress of construction, inspection, appraisal and acceptance of quality, the quantity of work, cadastral products

4.1. Standards, regulations, rules, procedures, technical regulations, the economic - technical norms and other concerned legal documents issued by the competent state agencies.

4.2. Decisions on approving the Project, Technical Design - cadastral work estimate of the competent authorities and the Project, Technical Design - cadastral work estimate together with Decisions on approval of the competent state agencies.

5. State management agencies on the inspection, appraisal and acceptance of quality, the quantity of works, cadastral products

5.1. Ministry of Natural Resources and Environment unifies state management on the inspection of construction progress, appraisal and acceptance of quality and quantity of each part, each stage or the entire work, cadastral product; promulgates the legal documents, technical documents specified on the inspection of construction progress, appraisal and acceptance of quality and quantity of each part, each stage or the entire work, cadastral product; directs and guides and examines the localities, ministries and branches in performance of the inspection of construction progress, appraisal and acceptance of quality and quantity of each part, each stage or the entire work, cadastral product; decides on suspension of the construction, cancel part or the entire work, product constructed not in compliance with Project, Technical Design - estimate approved or seriously violating standards, regulations, rules, procedures and technical regulations, and the economic - technical norms and other relavent legal documents issued by the competent state agencies.

5.2. General Department of Land Management under the Ministry of Natural Resources and Environment assists the Minister of Natural Resources and Environment in the unification of state management on the inspection of construction progress, appraisal and acceptance of quality and quantity of each part, each stage or the entire work, cadastral product; prepares the legal documents, technical documents specified on the inspection of construction progress, appraisal and acceptance of quality and quality of each part, each stage or the entire work, cadastral product to submit to the Minister for issuance; promulgates the documents to guide the inspection, appraisal and acceptance of quality and quantity of each part, each stage or the entire work, cadastral product; guides and inspects the investors under the Ministry, other ministries, sectors, the local land management agencies in performance of the inspection of construction progress, inspection, appraisal and acceptance of quality and quantity of work, cadastral product; reports to the Minister on the decision to suspend the construction; cancel part or the entire work, product constructed not in compliance with Project, Technical Design - estimate approved or seriously violating standards, regulations, rules, procedures and technical regulations, and the economic - technical norms and other relevant legal documents issued by the competent state agencies.

5.3. The People's Committees of provinces and cities directly under the Central Government, ministries and branches implement state management on the inspection of construction progress, appraisal and acceptance of quality and quantity of the work, cadastral product performed by their localities, ministries and branches; decide on the suspension of construction or cancellation of a part or the entire work, product constructed not in compliance with Project, Technical Design - estimate approved or seriously violating standards, regulations, rules, procedures and technical regulations, and the economic - technical norms and other relavent legal documents issued by the competent state agencies.

5.4. Departments of Natural Resources and Environment shall guide the investors under the jurisdiction of the People's Committees of provinces and cities directly under the Central Government and district-level land management agencies to inspect the construction progress, inspection, appraisal and acceptance of quality, quantity of cadastral products, works in the localities.

6. Responsibility for inspecting the construction progress, inspection, appraisal and acceptance of quality, quantity of cadastral products, works

6.1. Responsibilities of the land management agencies at the central level

Ministry of Natural Resources and Environment shall organize the inspection of works, cadastral products: examination and appraisal of works, products of statistics, land inventory, mapping of current state of land use conducted by the provinces and other ministries, branches.

General Department of Land Management under the Ministry of Natural Resources and Environment shall directly examine and evaluate the quality and quantity of works, products of statistics and land inventories, mapping of current state of land use conducted by the provinces and cities directly under the Central Government, the ministries, branches and works, cadastral products decided on investment or authorized to implement the investment decision by the Ministry of Natural Resources and Environment.

For the works, cadastral products decided on investment or authorized to implement the investment decision by the Ministry of Natural Resources and Environment, the inspection, appraisal, and acceptance shall comply with provisions in point 6.3 and 6.4 of this clause 6.

6.2. Responsibilities of People's Committees of provinces and cities directly under the Central Government and the local land management agencies

People's Committees of provinces and cities directly under the Central Government inspect the works, cadastral products made in areas by their localities, the ministries, branches.

Departments of Natural Resources and Environment shall directly inspect and evaluate the quality and quantity of works, cadastral products made by the agencies and organizations of the provincial People's Committees.

District Offices of Natural Resources and Environment shall directly inspect and evaluate the quality and quantity of works, cadastral products made by the agencies and organizations of the district-level People's Committees.

For the works, cadastral products decided on the investment by the provincial People's Committees, Departments of Natural Resources and Environment, the district-level People's Committees, District Offices of Natural Resources and Environment (or authorized to implement the investment decisions), as the investors, the construction units, the inspection, appraisal and acceptance shall comply with the provisions of Point 6.3, 6.4 and 6.5 of this Clause 6.

6.3. Responsibilities of the agencies deciding on the investment.

a) To inspect and evaluate the quality, quantity or authorize the functional agencies to inspect and evaluate the quality, quantity for the works, cadastral products which were required for inspection, appraisal in the investment decisions;

b) To evaluate or authorize the functional agencies to evaluate the acceptance dossiers for the works, cadastral products that have been completed;

c) To decide on resolving the problems arising in technique, technology that have not been prescribed; the arising, problems on the economic – technical norms upon changing the solutions of technique, technology that make estimate value increase or decrease more than five percent (5%) compared to the estimates approved; the arising on quantity when the completed quantity increases or decreases more than five percent (5%) compared to the estimates approved; the the arising on quantity when the completed quantity makes estimate increase or decrease more than five percent (5%) compared to the estimate approved; the extending of the construction progress of works, the products compared to the construction progress that has been approved;

d) To decide on the suspension of the construction; cancelation of part or the entire work, product constructed not in compliance with Project, Technical Design - estimate approved or seriously violating standards, regulations, rules, procedures and technical regulations, and the economic - technical norms and other relevant legal documents issued by the competent state agencies;

đ) To approve the settlement documents, cadastral products.

6.4. Responsibilities of the investors

a) The investors use the agency inspecting quality of products, the professional agencies under the management jurisdiction or establish the advisory councils or hire the organizations that have the advisory function on land, hire experts to perform inspection and appraisal of quality, the quantity of works, cadastral products and directly accept the quality and quantity of work, the cadastral products assigned to perform; and take responsibility for the quality and quantity of works, the cadastral products to be assigned;

b) To decide on resolving the changes, problems in technique, technology in the process of construction; the arising, problems on the economic – technical norms upon changing the solutions of technique, the problems on the economic – technical norms upon changing the solutions of technology, industry that do not make estimate value increase or decrease more than five percent (5%) compared to the estimate value approved; the arising on quantity that does not make estimate value increase or decrease more than five percent (5%) compared to the estimate value approved;

c) To decide on the suspension of the construction; cancelation of part or the entire work, product constructed not in compliance with Project, Technical Design - estimate approved or seriously violating standards, regulations, rules, procedures and technical regulations, and the economic - technical norms and other relevant legal documents issued by the competent state agencies and report to the agency deciding on the investment;

d) To monitor the quality, quantity, progress in the construction process of works and products; inspect, evaluate and accept quality and quantity of works, cadastral products to be assigned to perform.

6.5. Responsibilities of the construction units

a) The construction units use the subordinate technical, professional force or hire consultants with advisory function on land to perform the inspection of construction progress, inspection and appraisal of quality, quantity of works, cadastral products; directly accept the quality and quantity of each stage, each item and the entire works, cadastral products made by the units;

b) Subject to the supervision, inspection, appraisal and acceptance of investors; and subject to the supervision, inspection and appraisal of agency deciding on investment, of the State management agency for the quality and quantity and progress of construction of works, cadastral products;

c) In case of changes in technical solutions, technology, engineering design, the economic – technical norms, workload, the progress of construction compared with the Projects, Technical Design - estimates approved, it shall be promptly reported in writing to the investor and is only conducted after receiving a written reply from the investor or the agency deciding on the investment;

d) To ensure quality, quantity, and progress of works, products constructed by the construction units; in case the works, products have not obtained quality, they must recover or re-construct by their own funds; take responsibility for the quantity and quality of products made by their units.

7. Reporting regime in the course of construction of works, cadastral products

7.1. The construction units shall submit reports on quality, quantity, and progress made to the investors before the 20th of every month and not later than five (05) working days after completion of each stage, each item, or the entire work, cadastral product.

7.2. The periodic reports and contents of periodic reports of the investors to the agency deciding on the investment defined by the agency deciding on the investment for each specific work, cadastral product. Within a period of not more than five (05) working days from the date of completion of acceptance for each stage, each item of the work, product and not more than ten (10) working days after completion of acceptance for the full quantity and quality of the work and product, the investors must submit reports on quality, quantity, progress and dossiers of acceptance of work, product made to the agency deciding on the investment.

8. Funds for the implementation of the inspection, the progress of construction, inspection, appraisal and acceptance of quality and quantity of works, cadastral products

8.1. Funds for the implementation of the inspection, appraisal of the land management agencies at the central level for the works, cadastral products conducted by the localities, other ministries and branches and funds for the implementation of the inspection, appraisal of the works, cadastral products of the agency deciding on the investment shall comply with the current regulations.

8.2. Funds for the implementation of monitoring, inspecting the progress of construction, inspection, appraisal and acceptance of quality and quantity of works, the cadastral products made by the investors shall be identified in the total estimate of works, the products according to current regulations.

8.3. Funds for the implementation of inspecting the progress of construction, inspection, and acceptance of quality and quantity of works, the cadastral products made by construction units are included in the unit prices of estimates of the works, the products under current regulations.

II. CONTENTS, METHODS, EXTENT OF INSPECTION, APPRAISAL AND ACCEPTANCE OF QUALITY, QUANTITY OF WORKS, CADASTRAL PRODUCTS

1. Planning for inspection, appraisal and acceptance of quality, the quantity of works, cadastral products

1.1. The construction units make plan of inspection, appraisal and acceptance of quality, the quantity of works, cadastral products and send to the investors prior to the construction; organize the implementation according to the progress to be made.

1.2. Investors make the plan of inspection of the progress of construction, inspection, appraisal and acceptance of quality, the quantity of works, cadastral products in accordance with construction progress of works, the products that have been approved and in accordance with the plans of inspection and acceptance of the construction units; inform the plan to the construction units and the agencies deciding on the investment within a period of not more than ten (10) working days after receipt of the plan of inspection and acceptance of construction units; organize the implementation according to the progress to be made.

1.3. Agencies deciding on the investment make the plans of inspection, appraisal of works, cadastral products and inform investors ten (10) working days prior to the date scheduled for the inspection, appraisal; organize the implementation in compliance with announced plans.

1.4. Land management agencies at the central level make the plans of inspection, appraisal and notify the agencies deciding on the investment, investors fifteen (15) working days prior to the date scheduled for the inspection, appraisal; organize the implementation in compliance with announced plans.

2. Contents, extent of inspection, appraisal for acceptance of quality, quantity of works, cadastral products

2.1. Contents, extent of inspection, appraisal of the construction units, the investors for the acceptance of quality, quantity of works, cadastral products include the items detailed in Appendix 01 issued together with this Circular.

2.2. Contents, extent of inspection, appraisal of the agencies deciding on the investment and land management agencies at the central level for the quality and quantity of works, cadastral products shall be decided by these agencies for each work, specific cadastral product.

3. Methods of inspecting the progress of construction, inspection, appraisal of quality and quantity of works, cadastral products

3.1. Inspection methods in the process of construction of works, cadastral products include:

a) To re-perform some work contents which the construction unit had done in each stage, item of the work, product to assess quality compared with standards, regulations, rules, procedures and regulations on technique and economy, content of the Project, Technical Design - estimates approved;

b) To cross-check information in each product and between products to check the completeness and consistency of the product’s information.

3.2. Quality appraising method for each stage, each item or the entire work, cadastral product completed;

a) For the works, the products made by a method of technology, quality shall be evaluated on the basis of re-performing a part of work of each stage, each item of work and product;

b) For the works, products made by many different methods of technology, the quality shall be evaluated on the basis of re-performing a part of work of each stage, each item of work and product by a technological method different from the method of technology that has been constructed;

c) For the case that may be to evaluate quality of work, final product, the investors must identify specifically the method and plan to appraise in the Project, Technical Design - construction estimates;

d) The assessment of the product quality of the stages, the items of the work, product is made on the basis of analysis of the quality inspection minutes of products, technical reports, reports on inspection, acceptance of construction quality, the products of the construction units; minutes to inspect product quality in the construction process of the investors; results of inspection, appraisal of the investors; reports of the construction units on the error correction at the request of the investors and written certification on product repair of the investors;

đ) To evaluate the form of the product items compared with the requirements of the Project, Technical Design - construction estimate approved.

3.3. Method of inspection, appraisal of the quantity of works, cadastral products is done by statistical method with each stage, each item of work, product finished meeting quality requirements, and each item of work, product not meeting requirements on quality compared with the Project, Technical Design - construction estimate approved.

4. Acceptance of work, cadastral products

4.1. The construction units based on the results of inspection, appraisal in the process of implementation of the items of work, product to accept works, the products according to the following main contents:

a) To determine the total quantity of completion obtaining the technical quality as stated in the contract, or recorded in the written assignment of duty;

b) To assess the extent of difficulty for the work items of the work, the product;

c) To assess the extent of completion compared with the contract or in the written assignment of duty.

4.2. The investors based on the results of inspection, appraisal in the process of implementation of the items of work, product to accept works, the products according to the following main contents:

a) To determine the total quantity of completion obtaining the technical quality compared with the Project, Technical Design - estimate approved;

b) To assess the extent of difficulty for the work items of the work, the product compared with the Project, Technical Design - estimate approved.

c) To determine the norm, unit price of the work, product obtaining quality that has been accepted.

4.3. In case of changes in method of technique, technology; on workload compared with the Project, Technical Design - estimate approved, the investors shall consider, handle, and accept the works, products as follows:

a) In case of having a written consent on permitting adjustment of the competent authority, it shall conduct the acceptance in accordance with provisions in Point 4.2, Clause 4 of this Part II;

b) In case of having no written consent on permitting adjustment of the competent authority, it must be resolved under the jurisdiction or reported to the agency deciding on the investment for settlement.

5. The order and procedures for inspection, appraisal and acceptance of works, cadastral products

5.1. During the process of inspection of technique, quality, construction progress of works, products, inspectors of investors or advisory agencies or individuals (advisory agencies or individuals who are hired must have permits for geodesic and cartographic activities, including operation content in the field of product quality inspection of cadastral works) hired by investors to perform the inspection (hereinafter referred to as inspectors) must make the slips of recording comments for the inspection (SRCI) for the items inspected according to Form No.1 (Appendix 02) attached to this Circular. The SRCI must be assembled into file and kept at the offices of the investors within fifteen (05) days from the date that the works, products to be settled.

At the end of inspection of each stage, item of work, product, the inspector must make a minute of inspection of completed product quality according to Form No.2 (Appendix 02) attached to this Circular. The minute of inspection of completed product quality of the inspector for the construction unit shall be made in three (03) copies; one (01) copy is attached to the dossier of acceptance, one (01) copy is sent to the construction unit, one (01) copy is kept at the inspection agency.

On the basis of minutes and reports on the inspection of quality, the quantity of finished products of the inspectors, the inspection agency, the investors shall make minutes of accepting the quality and quantity of the stages of the works and products by Form No.6a (Appendix 02) or make the minutes of the acceptance of the works and products for the entire work by Form No.6b (Appendix 02) attached to this Circular.

The minutes of the acceptance of the quality and quantity of the work and product (or the stages of the work and product) shall be made in five (05) copies; one (01) copy is attached to the dossier of acceptance, one (01) copy is sent to the construction unit, one (01) copy is kept at the inspection agency, two (02) copies are kept in the office of investor.

5.2. Where investors hire experts, advisory agencies to perform the inspection (referred to as the inspection agencies), after the end of the inspection, quality appraisal, determination of the quantity of products, then the inspection agencies shall make the reports on inspection of quality, the quantity of works, cadastral products completed by the construction units according to Form No.5 (Appendix 02) attached to this Circular. In this case, the investor must report specifically in the reports of construction supervision, quality management, works according to Form 7a (Appendix 02) attached to this Circular.

Where the investors use agencies inspecting quality of products, its specialized agencies, establish an assistant advisory council, establish group (team) to inspect and evaluate the quality of works, products, determine the quantity of products meeting the requirements as specified, then make reports of construction supervision, quality management of work, product according to Form No.7b (Appendix 02), issued together with this Circular without making reports according to Form No.5 (Appendix 02).

5.3. The order and procedures for inspection and acceptance of the construction units shall be defined by the construction units. Upon the completion of the works, products, construction units must compile dossiers of acceptance of works and products. Dossiers of acceptance of the construction units are made in two (02) copies, one (01) is sent to investor, one (01) is kept in the construction unit. Dossier of acceptance includes:

a) A written request sent to the investor for acceptance of work, product;

b) A report on summing up technique prepared in accordance with Form No.3 (Appendix 02) attached to this Circular;

c) A report of the inspection and acceptance of quality, quantity, construction progress of work, product of the construction unit prepared in accordance with Form No.4 (Appendix 02) attached to this Circular;

d) A report on the arising problems related to technology; on the economic – technical norms; on quantity and other matters (if any) compared with the contract or Project, Technical Design - the estimates approved and written approval for the arising, solving the problems of the competent authority;

đ) A minute of product quality inspection according to Form NO.2 (Appendix 02).

Where it has just finished a (or several) part(s) of the work or a (or several) stage(s) of the work, if it is necessary to accept the finished products, the construction units have also compile dossier similar to dossier of acceptance specified in this point 5.3, but it is only related to the finished products.

5.4. After receiving the valid dossier of acceptance for the works, products of the construction units, within a period of not exceeding five (05) working days, the investors (or investors transfer the dossiers of acceptance of the construction units to the inspection agencies) implement the acceptance of works, the products according to the contents specified at Point 5.1 and Point 5.2, this Clause 5; the acceptance result is made in acceptance minute of completion of work and product according to Form No.6b (Appendix 02) or according to Form No.6a - Appendix 02 (in case of acceptance of each part, each stage) issued attached herewith.

5.5. Upon the end of acceptance, the investor must compile dossier of acceptance of work, product; The investor's acceptance dossier shall be made in five (05) sets: two (02) one is kept at the investor’s office, one (01) is sent to the construction unit, one (01) is delivered together with the product, one (01) is sent to the agency deciding on the investment. The acceptance dossier includes:

a) Decision on approving the Project (if any); decision on approving Technical Design – Estimates; document on assigning tasks of the agency deciding on the investment (if any);

b) Contract for construction or written assignment on construction;

c) Technical report of the construction unit made according to Form No.3 (Appendix 02) attached to this Circular.

d) Report on inspection, acceptance of the quality of work, product of the construction unit made according to Form No.4 (Appendix 02) attached to this Circular;

đ) Minute of inspecting the quality of work, product made according to Form No.2 (Appendix 02) attached to this Circular;

e) Report on inspecting the quality, the quantity of work, product of the inspection agency (if any) made according to Form No.5 (Appendix 02) attached to this Circular;

g) Report of the construction unit on error correction at the request of the investor (if any) and documents certifying the repair of product of investor (if any);

h) Report on quantity generated, problems solved compared with the Project, Technical Design - Estimates and written approval on the generation, settlement of the problems of the competent authority;

i) Minute of acceptance of the quality and quantity of the product stage or the entire work made respectively Form No.6a, (Appendix 02) or No. 6b (Appendix 02) attached to this Circular;

k) Report on construction supervision, quality management of work, product made according to Form No.7a (Appendix 02) or 7b - Appendix 02 (if the investor does not hire the inspection agency) issued together with this Circular;

l) The written certification of quality, quantity of completed work, product made according to Form No.8b (Appendix 02) attached to this Circular. Where it only accepts product of each part or each stage of the work after the end of the acceptance, investor must also made dossier of acceptance as specified in this point 5.5, but only related to the finished product and must make the written certification of quality and quantity of the stage product which was completed according to Form 8a (Appendix 02) attached to this Circular.

5.6. After receiving report on quality, quantity, valid acceptance dossier for work, cadastral product of investor, within a period of five (05) working days after receipt of the report and acceptance dossier of the investor, the agency deciding on the investment or the agency that is authorized by the agency deciding on the investment (hereinafter referred to as the agency deciding on the investment) shall perform the appraisal of dossier including: inspection of the adequacy, reasonableness and accuracy of the acceptance dossier; establishment of written certification of completed quality, quantity for work, product according to Form No.8c (Appendix 02) issued together with this Circular for archiving together with the acceptance dossier of the investor. Duration for appraisal shall not exceed five (05) working days for each dossier.

After receiving report and valid acceptance dossier for work, cadastral product of investor, within fifteen (15) working days after receiving the valid dossier, if the agency deciding on the investment does not hold the appraisal of dossier nor written reply, it shall be regarded as agreed with the investor's dossier and must be responsible for the concerned contents.

5.7. For the works, cadastral products which the agency deciding on investment or the land management agency at the central level determined as a requirement for inspection, appraisal of the quality and quantity of the works, products, it must conduct inspection and appraisal in accordance with the plan notified to the investors. After the end of the inspection, appraisal of quality, quantity of works, cadastral products, the concerned parties must make the minutes of inspection appraisal of quality, quantity of works, cadastral products. Contents of the minutes of inspection appraisal of quality, quantity of works, cadastral products must be agreed by the parties. The minutes of inspection, appraisal of quality, quantity of works, cadastral products are stored in the acceptance dossiers of the investors.

After ten (10) working days from the date that the agency deciding on investment or the land management agency at the central level expects to inspect and evaluate the quality and quantity of work, product but this agency does not send notice of the time and place of implementation, it shall be deemed not inspecting and evaluating the quality and quantity of work, cadastral product as expected.

6. Delivery of products and settlement for the works, products

 6.1. The list of delivered products includes the whole products of the work items that have been accepted and certified quantity, quality and acceptance dossiers of the works, products.

6.2. Products required to be delivered in point 6.1 of this clause are stored at the place where the agency deciding on the investment defines.

6.3. After obtaining the written certification of completed quality and quantity of the agency deciding on the investment, the investors shall compile dossiers for settlement of the works and products. Dossier for settlement includes:

a) A written request for settlement of the work, product made according to Form No.9 (Appendix 02) attached to this Circular;

b) Acceptance dossier of the work, product of the investor;

c) Minutes of the appraisal of quality, quantity of work, product of the agency deciding on investment or the land management agency at the central level (if any);

d) A written certification of completed quality and quantity of the agency deciding on the investment;

đ) A minute of the submission of product of the construction unit and warehousing slip of investor.

For the works to be constructed in many years, it must make additionally the sheet of synthesizing the quantity, the settlement value of the entire work, product according to Form No.10 (Appendix 02) attached to this Circular.

Dossier for the settlement of work, product is made in five (05) sets, two (02) sets are kept at the office of the investor, one (01) is sent to the agency deciding on the investment, one (01) is sent to the construction unit, one (01) is archived together with product.

III. ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

1. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies and the presidents of the People's Committees of provinces and centrally-run cities are responsible for directing the units and organizations operating in the field of land management; the other relevant units, organizations under its management scope to implement this Circular.

General Department of Land Management under the Ministry of Natural Resources and Environment shall guide and supervise the implementation of this Circular.

2. Effect

This Circular takes effect as from July 16, 2009.

APPENDIX 01

EXTENT OF QUALITY INSPECTION FOR THE ITEMS OF WORKS, CADASTRAL PRODUCTS
(Issued together with Circular No.05/2009/TT-BTNMT dated June 01, 2009 of the Ministry of Natural Resources and Environment)

APPENDIX 02

THE FORMS OF DOCUMENT USED IN THE INSPECTION, APPRAISAL AND ACCEPTANCE OF QUALITY, QUANTITY OF WORKS, CADASTRAL  PRODUCTS
(Issued together with Circular No.05/2009/TT-BTNMT dated June 01, 2009 of the Ministry of Natural Resources and Environment)

- Form No.01: Slip of recording the inspection comments;

- Form No.02: Minute of product’s quality inspection;

- Form No.03: Report of technical summary;

- Form No.04: Report on inspection and acceptance of quality and quantity of work, product (of the construction unit);

- Form No.05: Report on inspection of quality and quantity of work, product (of the inspection agency);

- Form No.06a: Minute of acceptance of the quality and quantity of the product of work stages;

- Form 06b: Minute of acceptance of the completion of work and product;

- Form No.07a: Report on construction supervision, quality management of work, product (of the investors in case of hiring consultants to perform the inspection);

- Form No.07b: Report on construction supervision, quality management of work, product (of the investors in case of using their own organizations to inspect);

- Form No.08a: The written certification of quality and quantity of the work stage (of investors);

- Form No.08b: The written certification of completed quality and quantity of work, product (of the investors);

- Form No.08c: The written certification of completed quality and quantity of work, product (of the agency deciding on the investment);

- Form No.09: Written request for settlement of the work (or work items);

- Form No.10: The summary of the quantity, value of work settlement

FORM NO.1

SLIP OF RECORDING THE INSPECTION COMMENTS

The inspector:                                                               Position:

Unit:

Type of inspected product:

Belong to (name of work, project, technical design - estimate):

Production unit:

FORM NO.2

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------

(Place name), date    month     year

MINUTE OF PRODUCT’S QUALITY INSPECTION

No. ……..

Name of type of work (or stage) to be inspected:

To be of the Work (or Project or Technical Design - estimates):

Full name of inspection agency’s representative:

Position:

Inspection agency:

Full name of the representative of the inspected unit:

Position:

Inspected units:

To inspect the following documents: (Synthesized from the slip of recording inspection comments, stating clearly the quantity of work performed by the inspector)

Inspection results:

Comments: (product quality according to standards, regulations, rules, procedures, technical specifications, Project, Technical Design - estimates, revision of documents (for document inspection)

Requirements for the inspected unit:

Opinions of representative of the inspected unit:

The minute is made in ....... copies, 01 (a) to be delivered to ........, 01 (a) to be delivered to ........, 01 (a) to be delivered to.....................

FORM NO.3

REPORT OF TECHNICAL SUMMARY

(Naming the Work, Project, Technical Design - estimates)

1. The legal bases for construction: (stating the legal documents for used as the bases for the construction).

2. The scope of the construction area: (stating briefly geographical location and administrative boundaries of the construction area).

3. Characteristics of topography, geophysics (stating briefly characteristics of topography, geophysics of the construction area affecting the progress of performance and product quality).

4. Time and construction unit: (stating clearly the starting, ending time, and name of the construction unit of the work items).

5. Workload: (Specify the workload by the Project, Technical Design - approved estimates and actual construction)

6. The legal documents, materials, and data used during the construction:

- Specify the name and number, date, month and year of promulgation of legal documents:

- Specify the source of documents and data used:

7. The methods and technical solutions applied: (specify the methods of technique and technology applied into production, the cases that were handled technically outside the scope of work, Technical Design - estimates and the application of advance of science and technology in the specific construction to each stage).

8. Conclusions and recommendations: (general conclusions on the quantity and quality of work and product, the remaining problems and handling proposals and recommendations for arising problems).

FORM NO.4

REPORT

ON THE INSPECTION AND ACCEPTANCE OF QUALITY AND QUANTITY OF WORK, PRODUCT

(Naming the Work, Project, Technical Design _estimates)

I. THE SITUATION OF WORK PERFORMANCE:

1. Construction unit:

2. Duration of performance: From month ... year ...........to month ... year...........

3. Technical force and construction equipment:

4. Quantity that was constructed

5. Documents used in construction:

(Indicate the source of the documents used in the construction process)

6. Organization of implementation:

II. THE SITUATION OF INSPECTON OF THE ACCEPTANCE OF WORKS, PRODUCTS OF THE CONSTRUCTION UNIT:

1. The legal bases for acceptance inspection:

- The Project, Technical Design - construction estimate that has been approved by competent authority (specify the full names of documents, number, date, month and year of issuance of documents);

- The documents applied in the process of product acceptance inspection (specify the full names of documents, number, date, month and year of issuance of documents).

2. Components of acceptance inspection (specify full names and positions of members who inspect for acceptance):

3. The content and extent of the acceptance inspection of product: (specify the content and extent of inspection for each work item as prescribed in Appendix 1 of Circular No.: ...... / 2009/TT-BTNMT).

4. Results of product quality inspection: (specify result of quality inspection of each work item).

III. CONCLUSIONS AND RECOMMENDATIONS:

1. On quantity (naming the construction unit) has completed: .......................

2. On quality (naming product): was constructed meeting technical requirements according to Project, Technical Design - estimates approved.

3. (Naming product) that is going to be delivered for inspection, acceptance is sufficient and meets quality in accordance with provisions in Project, Technical Design - estimates approved.

4. To request the investor (naming investor) to accept the quantity and quality of finished product.

FORM NO.5

REPORT ON INSPECTION OF QUALITY AND QUANTITY OF WORK, PRODUCT

(Naming the Work, Project, Technical Design _estimates)

I. THE SITUATION OF WORK PERFORMANCE:

1. Construction unit:

2. Duration of performance: From month ... year ........... to month ... year ...........

3. Technical force and construction equipment:

4. Quantity that was constructed

5. Documents used in construction:

(Indicate the source of the documents used in the construction process)

6. Organization of implementation:

II. THE SITUATION OF INSPECTON, MANAGEMENT OF QUALITY OF WORKS, PRODUCTS OF THE CONSTRUCTION UNIT:

1. Level of production group:

2. Level of construction unit:

III. ACCEPTANCE DOSSIER OF THE CONSTRUCTION UNIT:

(Comment and assessment on the establishment of acceptance dossier of the construction unit)

IV. THE SITUATION OF INSPECTON OF QUALITY, DETERMINATION OF QUANTITY OF PRODUCT OF THE INSPECTION AGENCY

1. The legal bases for performance:

- Contracts on inspection of quality, determination of quantity of product between the investor and inspection agency;

- The Project, Technical Design – construction estimates already approved by competent authorities (specify the full name, number, date, month and year of issuance of documents);

- The documents applied in the process of inspection and appraisal of product quality (specify the full name, number, date, month and year of issuance of documents);

2. Participants in the inspection: (specify full names and titles of the inspection participants).

3. Duration of the inspection: From ... / .... / ..... to date ... / .... / .......

4. Content of inspection and inspection level: (specify the content and extent of inspection for each item of the work as specified in Appendix I of Circular No...... 2009/TT-BTNMT).

5. Inspection results: (specify the quantity inspection results, level of difficulty and quality of the products of the work items).

V. CONCLUSIONS AND RECOMMENDATIONS:

1. On quantity: (naming the construction unit) has completed: .......................

2. On quality (naming product): was constructed meeting technical requirements according to Project, Technical Design - estimates approved.

3. On level of difficulty: (compared with Project, Technical Design - estimates approved)

4. (Naming product) is sufficiently handed over and meets quality in accordance with provisions in Project, Technical Design - estimates approved

5. To request the investor (naming investor) to accept (or not accepting) the quantity and quality of finished product.

FORM NO.6a

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------

(Place name), date    month     year

MINUTE OF ACCEPTANCE OF THE QUALITY AND QUANTITY OF THE PRODUCT OF WORK STAGES

Names of the work stages or work items:

Under the Project or Technical Design - estimates:

Approved by the Decision No........ / ........... Date ... month ... year ............. of governing investment agency or investor (if decentralized)

- Work investor:

- Construction unit:

- Inspection unit:

The parties conduct the acceptance:

- Representative of the investor: (specify full name and title)

- Representative of the construction party: (specify full name and title)

- The representative of the inspection agency: (specify full name and title)

The parties make a written minute of the acceptance (or items) of work stages as follows:

1. Stages (or items) of constructed works: (Specify names of the stages (or items) which are constructed).

2. The parties have reviewed the documents and the following products:

a. The documents:

- A technical report of the construction unit;

- An acceptance inspection report of quality, quantity of product of the construction unit;

- A report of construction supervision, quality management of work, product of investor and inspection report of quality, quantity of work, product of the unit contracting with investor (Form No.5 - if any);

- The acceptance dossier of the construction unit;

- The minutes of product quality inspection;

- The report on the confirmation of the repair of the investor or of the units contracting with the investor (if any).

b. The quantity and level of difficulty and quality of the products of work items to be inspected, appraised:

3. Based on researching documents of acceptance inspection, the parties acknowledge the following points:

a. Regarding the duration of performing the work stage:

Beginning: date... month ... year..........

Ending: date... month ... year..........

b. Regarding the quantity to be completed: (specify the quantity by name of each stage, work item)

c. Regarding the quality: (specify the general conclusion on the quality of the work items if they are satisfactory the technical requirements or not according to Project, Technical Design - estimates approved).

 - Accept for existing: (if any)

- Product quality: unsatisfactory but still acceptable (if any)

d. Finished product: (required for conclusion on the adequacy of quantity and quality assurance according to current regulations and of the Project, Technical Design - construction estimate approved).

đ. Level of difficulty: should specify the level of difficulty of each work item or the acceptance of level of difficulty by the Project, Technical Design - estimates approved.

e. The changes in the construction process compared with design (if any)

- Accept for existing: (if any)

- Regarding the quantity generated (if any)

- Regarding the change of the approved design (if any)

4. Conclusion:

- To accept the products with the completed quantity.

- To accept the difficulty of the work items: (should specify the level of difficulty of each work item or to accept level of difficulty by the Project, Technical Design - estimates approved).

FORM NO.6b

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------

(Place name), date    month     year

MINUTE OF ACCEPTANCE OF THE COMPLETION OF WORK AND PRODUCT

Name of work:

Under the Project or Technical Design - estimates:

Approved by the Decision No........ / ........... Date ... month ... year ............. of governing investment agency or investor (if decentralized)

- Work investor:

- Construction unit:

- Inspection unit:

The parties conduct the acceptance:

- Representative of the investor: (specify full name and title)

- Representative of the construction party: (specify full name and title)

- The representative of the inspection agency: (specify full name and title)

The parties make the minute of work acceptance as follows:

1. The construction of work: (Specify names of the stages which are constructed).

2. The parties have reviewed the documents and the following products:

a. The documents:

- A technical summary report of the construction unit;

- An acceptance inspection report of quality, quantity of work, product of the construction unit;

- A report of construction supervision, quality management of work, product of investor and inspection report of quality, quantity of work, product of the unit contracting with investor (Form No.5 - if any);

- The acceptance dossier of the construction unit;

- The minutes of product quality inspection;

- The report on the confirmation of the investor or of the units contracting with the investor on the error repair at the request of the appraisal, inspection agency (if any).

b. The quantity and level of difficulty and quality of the products of work items to be inspected, appraised:

3. Based on researching documents of acceptance inspection, the parties acknowledge the following points:

a. Regarding the duration of performing the work:

Beginning: date... month ... year..........

Ending: date... month ... year..........

b. Regarding the quantity to be completed: (specify the names of work items)

c. Regarding the quality: (specify the general conclusion on the quality of the work items if they are satisfactory the technical requirements or not according to the Project, Technical Design - estimates approved).

- Accept for existing: (if any)

- Product quality: unsatisfactory but still acceptable (if any)

d. Delivered product: (required for conclusion on the adequacy of quantity and quality assurance according to current regulations and of the Project, Technical Design - construction estimate approved).

đ. Level of difficulty: (should specify the level of difficulty of each work item or the acceptance of level of difficulty by the Project, Technical Design - estimates approved).

e. Regarding the changes in the construction process compared with design (if any)

- Accept for existing: (if any)

- Regarding the quantity generated (if any)

- Regarding the change of the approved design (if any)

4. Conclusion:

- To accept the products with the completed quantity.

- To accept the difficulty of the work items: (should specify the level of difficulty of each work item or to accept level of difficulty by the Project, Technical Design - estimates approved).

FORM NO.7a

REPORT ON CONSTRUCTION SUPERVISION, QUALITY MANAGEMENT OF WORK, PRODUCT

 (Names of the Work, Project, Technical Design - estimates)

I. THE SITUATION OF WORK PERFORMANCE:

1. Construction unit:

2. Duration of performance: From month ... year ........... to month ... year ...........

3. Technical force and construction equipment:

4. Quantity that was constructed

5. Documents used in construction:

(Indicate the source of the documents used in the construction process)

6. Organization of implementation:

II. THE ACCEPTANCE DOSSIER OF THE CONSTRUCTION UNIT:

(Comment and assessment on the establishment of acceptance dossier of the construction unit)

III. THE SITUATION OF INSPECTON, APPRAISAL OF QUANTITY OF PRODUCT OF THE INSPECTION AGENCY:

(Comment and assessment on the inspection, appraisal of the inspection agency)

IV. THE SITUATION OF CONSTRUCTION SUPERVISION, MANAGEMENT OF QUANTITY OF WORK, CADASTRAL PRODUCT OF THE INVESTOR

- Situation of monitoring and inspecting the construction progress of the investor for the construction unit, the appraisal, inspection unit.

- The situation of acceptance inspection of the construction unit:

+ Level of production group:

+ Level of construction unit:

- The situation of inspection, appraisal of the inspection agency.

V. THE SITUATION OF APPRAISAL OF THE INVESTORS

1. The legal bases for appraisal:

- The Technical Design – construction estimates already approved by competent authorities (specify the full name, number, date, month and year of issuance of documents);

- The documents applied in the process of inspection and appraisal (specify the full name, number, date, month and year of issuance of documents);

2. Participants in the appraisal: (specify full names and titles of the appraisal participants).

3. Duration of the appraisal: From ... / .... / ..... to date ... / .... /.......

4. Content of appraisal and inspection level: (specify the content and extent of inspection for each item of the work).

5. Product quality inspection results: (specify the quantity inspection results of each item of the work).

V. CONCLUSIONS AND RECOMMENDATIONS:

- On quantity: (naming the construction unit) has completed: .......................

- Comment on the quantity of the inspection agency

- On quality (naming product): was constructed meeting technical requirements according to Project, Technical Design - estimates approved.

- Review on the quality of the inspection agency.

- (Naming product) is sufficiently handed over and meets quality in accordance with provisions in the Technical Design - estimates approved.

- To request the agency deciding on the investment (naming the agency deciding on the investment) to accept (or not accepting) the quantity and quality of the finished product.

FORM NO.7b

REPORT ON CONSTRUCTION SUPERVISION, QUALITY MANAGEMENT OF WORK, PRODUCT

(Names of the Work, Project, Technical Design - estimates)

I. THE SITUATION OF WORK PERFORMANCE:

1. Construction unit:

2. Duration of performance: From month ... year ........... to month ... year ...........

3. Technical force and construction equipment:

4. Quantity that was constructed:

5. Documents used in construction:

(Indicate the source of the documents used in the construction process)

6. Organization of implementation:

II. THE SITUATION OF INSPECTON, MANAGEMENT OF QUANTITY OF WORK, PRODUCT OF THE CONSTRUCTION UNIT:

+ Level of production group:

+ Level of construction unit:

III. THE ACCEPTANCE DOSSIER OF THE CONSTRUCTION UNIT:

(Comment and assessment on the establishment of acceptance dossier of the construction unit)

IV. THE SITUATION OF CONSTRUCTION SUPERVISION, MANAGEMENT OF QUANTITY OF WORK, CADASTRAL PRODUCT OF THE INVESTOR

(State the situation of monitoring and inspecting the construction progress of the investor for the construction unit in the construction progress of work, cadastral product)

V. THE SITUATION OF INSPECTION OF THE INVESTORS

1. The legal bases for inspection:

- The Project, Technical Design – construction estimates already approved by competent authorities (specify the full name, number, date, month and year of issuance of documents);

- The documents applied in the process of inspection and appraisal (specify the full name, number, date, month and year of issuance of documents);

2. Participants in the inspection: (specify full names and titles of the appraisal, inspection participants).

3. Duration of the inspection: From ... / .... / ..... to date ... / .... / .......

4. Content of inspection and inspection level: (specify the content and extent of inspection for each item of the work as prescribed in Appendix 1 of Circular No.: ...... / 2009/TT-BTNMT).

5. Product quality inspection results: (specify the quantity inspection results, level of difficulty and quality of the products of the work items).

VI. CONCLUSIONS AND RECOMMENDATIONS:

1. On quantity: (naming the construction unit) has completed: .......................

2. On quality (naming product): was constructed meeting technical requirements according to Project, Technical Design - estimates approved.

3. On the level of difficulty: (compared to the Project, Technical Design - estimates approved).

4. (Naming product) is sufficiently handed over and meets quality in accordance with provisions in the Technical Design - estimates approved.

5. To request the agency deciding on the investment (naming the agency deciding on the investment) to accept the quantity and quality of the finished product.

FORM NO.8a

THE WRITTEN CERTIFICATION OF QUALITY AND QUANTITY OF THE WORK STAGE

Name (state the stages or items of work) have been completed by the unit (name of the construction unit):

Under the Project Or Technical Design - estimates:

- Based on (written approval and other documents (if any) of the agency deciding on investment);

- Based on the quality inspection minute No. ...

- Based on the technical summary report, reports on inspection, acceptance of quality and quantity of the work stages of the construction unit.

- Based on inspection report of quality, quantity of the work stages of (name of the inspection agency).

- Based on the acceptance minute of the quality and quantity of the work stages.

- Based on the quantity of product has been completed and delivered by (name of the construction unit).

(Name of investor) confirms the quality and quantity of work stages or the work items (the names of work stages or the work items that have been completed) as follows:

1. The quantity has been completed: (together with table of quantity of finished product of work stage or the work item):

2. Quality:

FORM NO.8b

THE WRITTEN CERTIFICATION OF COMPLETED QUALITY AND QUANTITY OF WORK, PRODUCT

Name (state the work, product) has been completed by the unit (name of the construction unit):

Under the Project Or Technical Design - estimates:

- Based on (written approval and other documents (if any) of the agency deciding on investment);

- Based on the quality inspection minutes No. ...

- Based on the technical summary report, reports on inspection, acceptance of quality and quantity of the work stages of the construction unit.

- Based on inspection report of quality, quantity of the work stages of (name of the inspection agency).

- Based on the acceptance minute of the quality and quantity of the work stages.

- Based on the quantity of product has been completed and delivered by (name of the construction unit).

(Name of investor) confirms the quality and quantity of the work (the name of work that has been completed) as follows:

1. The quantity has been completed: (together with table of quantity of finished product of work items):

2. Quality:

FORM NO.8c

THE WRITTEN CERTIFICATION OF COMPLETED QUALITY AND QUANTITY OF WORK, PRODUCT

Name (state the work, product) has been completed by the unit (name of the construction unit):

Under the Project Or Technical Design - estimates:

- Based on (written approval and other documents (if any) of the agency deciding on investment);

- Based on the quality inspection minutes No. ...

- Based on the technical summary report, reports on inspection, acceptance of quality and quantity of the work stages of the construction unit.

- Based on inspection report of quality, quantity of the work stages of (name of the inspection agency).

- Based on the acceptance minute of the quality and quantity of the work stages.

- Based on the quantity of product has been completed and delivered by (name of the construction unit).

(Name of investor) confirms the quality and quantity of the work (the name of work that has been completed) as follows:

1. The quantity has been completed: (together with table of quantity of finished product of work items

2. Quality:

FORM NO.9

To: (name of agency deciding on investment)

The work ... (or work items ... under the work ....) of the Technical Design - Estimates of (name of Technical Design - Estimates) of the Project (project name, if any), has been constructed by the unit (name of the construction unit) from month... year to month... year ... .............

(State name of the appraisal unit) has appraised from month... year to month... ..... year...........

(State name of the investor) was accepted (together with this official dispatch is the work settlement dossier).

We request (name of the agency deciding on investment) to approve the settlement of the work (to name the work or work item):

- Quantity, and classification of difficulties like in this acceptance minute of work completion (or work items);

- The total value of settlements is ........ VND.

FORM NO.10

THE SUMMARY OF THE QUANTITY, VALUE OF WORK SETTLEMENT

- Name of work (or name of Project, Technical Design - estimates):

- The Decisions on approving the Project (if any): recording numbers of Decisions, date and month, agency making decisions;

- The Decisions on approving the Technical Design - estimates;

- The construction units: List the names of the units having full legal status that have participated in construction;

- Construction duration from month ... year ..... to month ..... year...... (recording the starting time and ending time upon construction that does not depend on a specific construction unit);

- The units involved in the appraisal of quality of products: (List the names of the units having full legal status that have participated in appraisal of work quality);

- The appraisal duration from month ... year ..... to month ...... year ...... (recording the starting time and ending time upon appraisal that does not depend on a specific construction unit);

- Investment capital:

+ State Budget ............ million dong for the items (list items separately invested by the state budget funds) (if any);

+ Other budget ................... million dong (list items of separate investment by each fund source) (if any);

- Place where stores products: (state name of unit that stored the products as designated by the agency deciding on investment).

The summary table of quantity and value of the work (or the Project, Technical Design – Estimates)