Thông tư 10/2014/TT-BXD

CIRCULAR

PROVIDING FOR SOME CONTENTS ON CONSTRUCTION QUALITY CONTROL OF SEPARATE HOUSE

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to the Housing Law No. 56/2005/QH11 dated November 29, 2005;

Pursuant to Decree No. 62/2013 / ND-CP dated June 25, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/2013 / ND-CP dated February 06, 2013 of the Government on quality control of constructional works (hereinafter referred to as Decree No. 15/2013 / ND-CP);

Pursuant to Decree No. 12/2009 / ND-CP dated February 12, 2009 of the Government on management of construction investment projects and Decree No. 83/2009 / ND-CP dated October 15, 2009 of the Government on amending some articles of Decree No. 12/2009 / ND-CP dated February 12, 2009 of the Government on management of construction investment projects;

Pursuant to Decree No. 71/2010 / ND-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law;

Considering the request of Director of State Authority for Construction Quality Inspection.

The Minister of Construction issues the Circular defining some contents on construction quality control of separate house.

Chapter I

GENERAL PROVISION

Article 1. Scope of regulation

This Circular provides for the construction quality control of separate house in the territory of Vietnam.

Article 2. Subjects of application

This Circular applies to organizations, households and individuals (hereafter referred to as homeowner)

Article 3. Interpretation of terms

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

1. Separate house (hereafter referred to as house) is the works built on the area of residential land at the disposal of households and individuals in accordance with regulation of law including the case of construction on the land lot of housing project.

2. Adjacent works mean the works are close to the built house with or without common structural part (foundation, column, wall, floor, roof…) with the built house.

3. Nearby works mean the works which are located near the place of house construction and may be affected with subsidence, deformation or other damages due to house building.

Article 4. Fundamental principle in construction quality control of separate house

The work of survey, design and performance of house done by the homeowner and other organizations and individuals concerned must ensure the conformity with the planning and compliance with construction permit and relevant technical constructional regulations, ensure the safety for constructional works and adjacent or nearby works, ensure the working safety, environmental sanitation and other relevant regulations of law.

Chapter II

SURVEY AND DESIGN OF HOUSE CONSTRUCTION

Article 5. Survey of house construction

Depending on the size of house, the survey of construction is done under the following regulations:

1. For houses with a total building floor of equal to or less than 250m2, with 2 floors or less, the homeowner may carry out the survey of construction by himself/herself if experienced similar work and shall take responsibility before law for the survey quality in order to ensure the safety of house to be built and other nearby works.

The homeowner is encouraged to hire a qualified contractor to carry the survey of construction in accordance with regulations on geological survey of works.

2. For houses with a total building floor of more than 250m2, with 3 floors or more, the homeowner must hire a qualified contractor to carry the survey of construction in accordance with regulations on geological survey of works.

Article 6. Design of house construction

1. For houses with a total building floor of equal to or less than 250m2, with 2 floors or less, the design of house construction is done as follows:

a) All organization and individuals may carry out the design if having capability and experience in design of house construction with similar size and shall take responsibility before law for the design quality.

b) In rural areas, when building one-story house with simple structure, it is not required to prepare the specific design drawing, the homeowner may apply the construction for the house models that were built but must take responsibility before law for the house quality.

c) The homeowner is encouraged to hire a qualified contractor to carry the house design.

2. For houses with a total building floor of more than 250m2, with 3 floors or more or the house is located in the area of cultural heritage, historical – cultural relics or in case of floor raising, the design must be done by organizations and individuals qualified for the design.

3. For houses with 07 floors or more, the homeowner must send the design documents to the specialized constructional agency as decentralized by the local authority for verification of design in accordance with the provisions in Decree No. 15/2013/ND-CP and Circular No. 15/8/2013 of the Ministry of Construction stipulating the verification, inspection and approval for design of works construction.

Chapter III

INSTRUCTIONS ON QUALITY CONTROL IN HOUSE CONSTRUCTION

Article 7. Capacity conditions of organizations and individuals upon house construction

1. For houses with a total building floor of equal to or less than 250m2, with 2 floors or less, all organizations and individuals may carry out the construction if having experience in construction of house with similar size and must take responsibility for the quality, safety and environmental sanitation.

2. For houses with a total building floor of more than 250m2, with 3 floors or more or in case of floor raising, the construction organization must have adequate capacity conditions under regulations.

Article 8. Quality control of house construction

1. During the construction, the homeowner is responsible for supervising or authorizing his/her representative to supervise the construction and check the following main contents:

- Quality of materials, building structures, equipment…before put into house construction;

- System of  formwork, scaffolding for construction;

- Measures to ensure working safety during the construction;

- Shielding measures to ensure safety, environmental sanitation for people and adjacent or nearby works.

2. For house with 07 floors or more, right after the construction commencement, the homeowner must send report to the Department of Construction to provide information about the works such as: the homeowner’s name and contact address, construction site, size and estimated constructional progress of the works. During the construction, the homeowner is responsible for supervision and acceptance under the provisions in Decree No. 5/2013/ND-CP of the Government and Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction detailing some contents on quality control of house construction. Upon completion of construction, the homeowner shall prepare documents in accordance with the contents in Annex 1 issued with this Circular and send them to the Department of Construction for verification before putting the works into use.

3. The homeowner and organizations and individuals concerned involved in the works construction must take responsibility for the contents of work which they shall do.

Article 9. House maintenance

The homeowner is responsible for maintaining his/her house under the provisions of Decree No.114/2010/ND-CP dated February 06, 2010 of the Government stipulating the maintenance of constructional works, and Circular No. 02/2012/TT-BXD dated June 12, 2012 of the Ministry of Construction guiding some contents on maintenance of civil works, industrial works of constructional materials and urban technical infrastructure works.

Article 10. Settlement of dispute between the homeowner and the owner of adjacent or nearby works.

1. Before construction, the homeowner shall contact the owner of adjacent or nearby works to check their current conditions and recognize the defects of adjacent or nearby works (if any).

2. During the construction, if detecting any sign of subsidence, cracking, leakage or risk of collapse from the adjacent or nearby works due to the house construction, the homeowner must cooperate with the owner of adjacent or nearby works to consider and determine the cause and reach an agreement on remedial measure. If the parties fail to do so, the dispute shall be resolved in accordance with regulations of law.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 11. Handling of violation in house construction activities

1. The administrative violations in house construction activities shall be handled under the provisions in Decree No. 121/2013/ND-CP dated October 10, 2013 of the Government stipulating the sanction of administrative sanction in activities of construction; exploitation, production and trading of constructional materials; management of technical infrastructural works; management of house and office development; Circular No. 02/2014/TT-BXD dated February 12, 2014 of the Ministry of Construction detailing and guiding the implementation of some articles of Decree No. 121/2013/ND-CP dated October 10, 2013 of the Government stipulating the sanction of administrative violation in the field of construction, real estate business; exploitation, production and trading of constructional materials; management of technical infrastructural works; management of house and office development;

2. The handling of violation of house construction order complies with the provisions in Chapter V of Decree No. 180/2007/ND-CP dated December 07, 2007 of the Government detailing and guiding the implementation of some articles of the Construction Law on handling of urban construction order.

Article 12. Responsibility of provincial People’s Committee in control of house quality

1. Assigning and decentralizing the state management responsibility for separate house quality to Department of Construction and district People’s Committee.

2. Guiding and inspecting organizations and individuals to implement the legal normative documents on house construction in the areas; handling mistakes which are detected during the inspection according to the above contents.

Article 13. Transitional provision

1. For houses which have been commenced before the effective date of this Circular, the quality control of house construction is done under Circular No. 39/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction guiding the quality control of separate house construction;

2. For houses which have been commenced after the effective date of this Circular, the quality control of house construction is done under Circular No. 15/2013/ND-CP and this Circular.

Article 14. Effect

1. This Circular takes effect from September 01, 2014 and supersedes Circular No. 39/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction guiding the quality control of separate house construction;

2. Any problem arising during the implementation of this Circular should be reported to the Ministry of Construction for consideration and instruction./.

ANNEX 1

LIST OF DOCUMENTS OF HOUSE COMPLETION
(Issued together with Circular No. 10/2014/TT-BXD dated July 11, 2014 of the Ministry of Construction)

a) Construction Permit;

b) Homeowner’s construction contract signed with the contractor of survey, design, performance and supervision of construction;

c) Result of survey of construction;

d) Result of design verification;

dd) Documents of construction drawing design;

e) As-built drawing;

g) List materials, components and equipment with their origin;

h) Result of experiment and inspection (if any);

i) Written agreement, approval and confirmation of the competent state agencies or organizations (if any) on safety of fire prevention and fighting; safety of lift and central air conditioning operation;

k) Record of acceptance of house completion for use of the homeowner;