Thông tư 12/2013/TT-BXD

CIRCULAR

THE REGULATION ON CONTESTS FOR AWARDS FOR CONSTRUCTION WORK QUALITY

Pursuant to the Government's Decree No. 17/2008/NĐ-CP dated February 04, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 15/2013/NĐ-CP dated February 06, 2013 on management of construction quality;

Pursuant to the Prime Minister’s Decision No. 36/2012/QĐ-TTg dated September 06, 2012 promulgating the Statute on contests for national awards for construction quality;

At the request of General Director of Construction Quality Inspectorate,

The Minister of Construction promulgates the Circular regulating contests for awards for construction quality.

Article 1. Enclosed herewith are the regulations on contests for awards for construction quality

Article 2. This Circular takes effect since September 15, 2013 and supersedes previous regulations on contests for awards for construction work quality in conflict with this Circular./.

REGULATION

CONTESTS FOR AWARDS FOR CONSTRUCTION WORK QUALITY
(Enclosed with the Minister of Construction’s Circular No. 12/2013/TT-BXD dated July 31, 2013)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. The regulation details contests for awards for construction work quality (Notes: awards, national awards for construction work quality referred to in this Circular shall be construed as awards or national awards) as follows:

a) National awards for construction work quality is prescribed in Statute on contests for national awards enclosed with the Prime Minister’s Decision No. 36/2012/QĐ-TTg dated September 06, 2012 (hereinafter referred to as the Statute)

b) Awards for construction quality prescribed by the Ministry of Construction (hereinafter referred to as Awards for high-quality construction work) in Clause 2, Article 11 of Decree No. 15/2013/NĐ-CP dated February 06, 2013 on management of construction quality.

2. This regulation applies to:

a) Organizations and individuals involved in considering and presenting awards;

b) Organizations and individuals registering participation in contests for awards;

c) Agencies to organize contests for awards;

Article 2. Requirements for construction works to be eligible for participation in the contest;

1. Civil, industrial, traffic, agriculture and rural development works with technical infrastructure from Grade III and over; Determination of grades of construction works is instructed in the Circular detailing a number of articles on management of construction quality promulgated by the Ministry of Construction (guiding Decree No. 15/2013/NĐ-CP)

2. Construction works that have been accepted and put into practice at least to the end of maintenance period (for construction works registered for national awards) and at least 12 months (for construction works registered for high-quality work awards) since the time of registration;

3. Construction works that do not violate regulations on construction, lands, bidding, environmental protection and relevant law provisions;

4. Construction works that fail in the contest for awards for high-quality construction works shall be considered ineligible for participation in the contest for national awards;

Article 3. Principles of consideration for awards and scope of organization

1. Principles of consideration for awards:

a) Registration for participation in the contest for awards is based on voluntary basis.

b) Consideration and presentation of awards must guarantee public disclosure, objectivity and fair according to professional grading method on the basis of the criteria for consideration as prescribed hereof;

2. Scope of organization:

a) Contests of awards are organized across the country;

b) Contests for national awards are organized every two years.

c) Contests for awards for high-quality works are organized every year.

Article 4. Rights and responsibility of organizations and individuals as award winners

1. Organizations or individuals (investors, representatives of investor, engineering, building, supervision contractors, project management consultants...) that have construction works winning awards for construction quality (hereinafter referred to as award winners) shall have the following rights:

a) Receive awards from ministries, sectors and People’s committees of central-affiliated cities and provinces through commendation funds as prescribed;

b) Be praised in awards ceremonies; have names, identity and capabilities posted in the portals of the Ministry of Construction, the Services of Construction and published on mass media;

c) Use and make commercial exploitation of logo of Awards for business and marketing activities;

2. Organizations and individuals as prescribed in Clause 1 of this Article shall be responsible for disseminating experience, preserving and bringing into play achievements;

Chapter II

NATIONAL AWARDS FOR CONSTRUCTION QUALITY

Article 5. Criteria for consideration for national awards

1. Criteria for consideration for national awards are prescribed in Article 7 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg Total maximum score of all the criteria is 100 points. Maximum score for each criterion is as follows:

a) Quality of construction work: 55 points

b) Safety in construction, fire and explosion fighting and prevention, and implementation of commitments to environmental protection: 9 points;

c) Quality management, compliance with regulations on quality management, construction procedures and norms: 18 points

d) Satisfaction of construction progress as approved by competent agencies: 5 points

dd) Application of new technologies and materials, scientific advances and construction techniques: 8 points

e) Comments made by persons who manage and use the construction works and public opinions on quality of the construction works participating: 5 points;

2. Detailed calculation for each criterion are prescribed in Appendix I hereof;

3. National awards shall be considered for construction works that achieve at least 85 points of which quality of construction works as prescribed in Point a, Clause 1 of this Article must achieve at least 50 points.

Article 6. Manners of national awards

1. Placement of signs for winning construction works:

a) Signs are prescribed in Appendix II enclosed herewith. Signs shall be placed in a position appropriate to architecture and landscape of the works.

b) Standing Agency shall organize placement of signs upon receipt of decision from the Prime Minister.

2. Award Certificates:

a) Award certificates issued by the Minister of Construction to organizations involved in the construction of the works;

b) Award certificates shows names of winning construction works and national award winners (organizations and individuals that have construction works winning national awards);

3. Trophy:

a) Trophy is prescribed in Appendix II enclosed herewith.

b) Trophy shall be presented to national award winners.

Article 7. Agencies organizing contests for national awards

The Ministry of Construction is the agency that presides over the contest for national awards and has rights and obligations as follows:

1. Establish and submit projects and drafts of legislative documents on national awards to the Prime Minister for approval;

2. Promulgate within competence documents guiding the Statute;

3. Make submission to the Prime Minister for consideration and decision on presentation or revocation of national awards;

Article 8. Standing Agency of the contest for national awards

1. Construction Quality Inspectorate, the Ministry of Construction are Standing Agency for national awards (hereinafter referred to as Standing Agency).

2. Standing Agency shall have rights and obligations as follows:

a) Propose programs, plans and projects on national awards for construction quality to the Ministry of Construction;

b) Preside over and cooperate with relevant units and organizations in implementing award-related activities;

c) Preside over and instruct the execution of award-related guidelines;

d) Receive registration documents for participation in contests for national awards;

dd) Establish and submit the list of members of National Council on the basis of requests by relevant ministries and agencies to the Minister of Construction for decision;

e) Submit the list of members of Expert Team to Chairman of National Council for decision;

g) Organize activities of communication and dissemination on awards;

h) Organize award ceremonies for winning construction works;

Article 9. National Council considering presentation of national awards

1. National Council that considers national awards (hereinafter referred to as National Council)  shall be established under the decision of the Minister of Construction at the request of relevant and relevant agencies with the composition as prescribed in Clause 1, Article 12 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg.

2. National Council shall work on the basis of discussions and agreements among its members; Every National Council meeting must involve participation of at least two-thirds of its members. Decisions made by National Council shall take effects when being voted for by at least three-fourths of its members in a secret ballot.

3. Obligations of National Council:

a) Propose national award programs to the Ministry of Construction;

b) Establish Expert Team to assist National Council in considering presentation of awards;

c) Consider and appraise assessments and proposals made by Expert Team;

d) Carry out on-site examination and appraisal if necessary;

dd) Select and submit typical high-quality construction works to the Ministry of Construction for examination and submission to the Prime Minister for presenting national awards;

Article 10. Expert Team considering presentation of national awards

1. Expert Team is established under the decision of National Council at the request of Standing Agency with the composition as prescribed in Clause 1, Article 13 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg For professional construction works, the Professional Association shall be invited to take part.

2. Expert Team shall work on the basis of discussions and agreements among its members; Every Expert Team meeting must involve participation of at least two-thirds of its members. Decisions made by Expert Team shall take effects when being voted for by at least three-fourths of its members in a secret ballot.

3. Obligations of Expert Team:

a) Carry out examination and assessment of the construction works on the documentation and at the site on the basis of criteria as prescribed in Article 5 hereof;

b) Document the assessment of individual construction works and make a short-list of construction works to be submitted to National Council;

Article 11. Introduction and registration for participation in contests for national awards for construction quality

1. Introduction and registration for participation in contests for national awards are prescribed in Clause 1, Article 14 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg.

Investors, representatives of investor or main contractors, general construction contractors (as negotiated with investor) must submit three sets of registration documents for participation in the contest for awards before August 01 of the year of the contest. Registration since the construction starts shall be encouraged.

2. Composition of registration documents:

a) Registration form (See Form prescribed in Appendix IV enclosed herewith);

b) Written introduction about construction works of ministries, sectors or People’s committees of provinces (or the Services of Construction if authorized);

c) General introduction about construction works;

d) Internal assessment reports made by investors, representatives of investors or main contractors, general construction contractor stating satisfaction of criteria as prescribed in Article 5 hereof;

dd) Written records of Tests on Construction, Tests on Completion of the Works or a Section to put into operation; written approvals issued by competent administration agencies for fire safety, environmental protection and operation safety according to law provisions;

e) Comments, assessments by organizations and individuals managing or using the construction works;

g) Photographs, tape recordings, videos of construction works during and after construction (if any);

h) Written confirmations of completion of maintenance work issued by investors< 0}

3. Document receiving agencies:

Registration documents are sent directly or by post to Standing Agency.

Article 12. Order and procedures for consideration for national awards

1. Preliminary selection:

Expert Team shall cooperate with Standing Agency in considering and selecting pre-qualified registration documents as follows:

a) Assessment of documentation: Expert Team shall perform assessment of documentation of the works and make the report.

b) On-site assessment: Expert Team shall assign the Evaluation Team comprising a number of experts and representatives of Standing Agency to carry out the assessment and establishment of written records at construction sites.

c) The experts shall carry out independent assessment and grade individual works based on the criteria for consideration.

d) Expert Team shall discuss and finalize the list of works recommended for final selection and make the submission of relevant documentation to National Council before October 01 of the year of contest.

dd) Documentation submitted to National Council comprises registration documents as prescribed in Clause 2, Article 11; results of examination and assessment from Expert Team over individual works (Unified assessment reports, compiled score boards, record of on-site assessment, Expert Team meeting minutes); Expert Team’s written proposals accompanied by the list of works recommended for final selection.

2. Final selection:

a) National Council shall carry out examination and appraisal of assessments and proposals by Expert Team; select typical high-quality construction works for submission to the Minister of Construction for consideration; make a list of works for submission to the Prime Minister for presentation of awards. National Council may carry out on-site examination and appraisal in case of need.

b) National Council shall organize a meeting to make decisions on the list of recommended typical high-quality construction works for awards based on results of examination and assessment from Expert Team.

c) National Council shall cooperate with Standing Agency in completing documentation for submission to the Minister of Construction for consideration and making proposals to the Prime Minister for awards before November 01 of the year of contest.

d) Documentation submitted to the Minister of Construction comprises assessment and appraisal reports; National Council meeting minutes; list of works recommended for awards.

3. Standing Agency shall assist the Minister of Construction in completing and submitting documented proposals for national awards for qualified construction works to the Prime Minister before November 15 of the year of contest.

4. Standing Agency shall make public announcement of results to award winners upon receipt of decisions issued by the Prime Minister.

5. Time limit for examination as prescribed in this Article is 120 days since the deadline for registration documents (August 01 of the year of contest).

Article 13. Organizing announcement and award ceremonies

1. The list of works receiving awards under the decision of the Prime Minister shall be announced on the portals of the Government and the Ministry of Construction.

2. The Minister of Construction shall make submission to the Prime Minister for consideration and decision on organization of announcement and award ceremonies;

3. Announcement and award ceremonies are organized in December of the year of contest.

4. Agencies, units and organizations may invite representatives of leadership of the Communist Party and State to attend the ceremonies.

Article 14. Budget for organizing national awards for construction quality

1. Budget sources:

Budget sources for organizing national awards as prescribed in Article 16 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg comprise:

a) Budget from state budget allocated in recurrent expense estimates (public service funds) of the Ministry of Construction;

b) Aids and grants from organizations, businesses or individuals at home and abroad; other sources (if any) in accordance with laws;

2. Expenses for organization:

Expenses for organizing national awards for construction quality comprise:

a) Expenses for activities of National Council: rewards, allowances for overtime work, preparations for meetings, relevant documents, materials;

b) Expenses for activities of National Council: rewards, allowances for overtime work, preparations for meetings and relevant documents, materials;

c) Expenses for activities of Standing Agency: rewards and allowances for overtime work, preparations for meetings, office supplies, stationery;

d) Expenses for on-site examination and assessment: travel, accommodations to the inspectorate;

dd) Expenses for awards: bonuses granted to organizations and individuals as award winners; expenses for making trophies, signs, certificates and placement of signs;

e) Expenses for organization of announcement and award ceremonies: expenses for publication of information on websites, media, honoring and award ceremonies;

g) Other expenses;

3. Management and use of budget for organization of the contest are prescribed by laws and in current guidelines on financial management.

Article 15. Handling of violations in organizing national awards

1. Handling of violations in the organization of contests for national awards is prescribed in Article 18 of the Statute enclosed with Decision No. 36/2012/QĐ-TTg.

2. Revocation of awards:

National award winners shall be considered by National Council for revocation of awards if found to have committed fraud acts and falsified documentation during the contest that lower reputation of the contest.

3. Order and procedures for consideration of revocation of awards:

a) National Council shall assign the Inspectorate to conduct investigation and verification of organizations and individuals found to have committed violations and make the report.

b) National Council shall consider level of violation on the basis of reports submitted by the Inspectorate and make proposals for revocation of awards.

c) The Minister of Construction shall make submission to the Prime Minister for consideration and decision on revocation of awards upon receipt of proposals from National Council.

d) Standing Agency shall make written notifications to award winners about revocation of awards upon receipt of decisions on revocation issued by the Prime Minister;

dd) Revocation of awards shall be made public on the portals of the Government and the Ministry of Construction.

Chapter III

AWARDS FOR HIGH-QUALITY CONSTRUCTION WORKS

Article 16. Criteria for consideration for awards for high-quality construction works

1. Construction works participating in the contest for awards for high-quality construction works shall be evaluated on the basis of the Criteria with total score of 100 points, particularly as follows:

a) Quality: 55 points

b) Safety in construction, fire and explosion fighting and prevention, and implementation of commitments to environmental protection: 9 points;

c) Quality management, compliance with regulations on quality management, construction procedures and norms: 18 points

d) Satisfaction of construction progress approved by competent agencies: 5 points

dd) Application of new technologies and materials, scientific advances and construction techniques: 8 points

e) Comments made by persons who manage and use the construction works and public opinions on quality of the construction works participating: 5 points;

2. Detailed calculation for each criterion are prescribed in Appendix I hereof;

3. Awards for high-quality construction works shall be considered for construction works that achieve at least 70 points of which quality criteria as prescribed in Point a, Clause 1 of this Article must achieve at least 40 points.

Article 17. Manners of awards for high-quality construction works

1. Award Certificates:

a) Award certificates issued by Chairman of National Council to organizations and units participating in construction;

b) Award certificates shows names of winning construction works and award winners;

2. High-quality gold medals:

High-quality gold medals shall be presented to award winners;

3. Organizations and individuals that have been involved in construction for three straight years and had construction works winning awards for high quality or have had three construction works winning awards for high quality shall be recommended for presentation of certificate of merit issued by the Minister of Construction.

Article 18. Agencies organizing awards for high-quality construction works

The Ministry of Construction is the agency that presides over the contest for awards for high-quality construction works.

Article 19. Council to consider presentation of awards for high-quality construction works

1. The Council that considers presentation of awards for high-quality construction works (hereinafter referred to as Award Council) shall be established under the decision of the Minister of Construction at the request of Standing Agency comprising:

a) Chairman of Award Council: Deputy Minister of the Ministry of Construction;

b) Vice Chairman of Award Council: Construction Quality Inspectorate, the Ministry of Construction;

c) Members of Award Council: leaders of relevant departments and agencies;

2. Award Council shall work on the basis of discussions and agreements among its members; Every Award Council meeting must involve participation of at least two-thirds of its members. Decisions made by Award Council shall take effects when being voted for by at least three-fourths of its members.

3. Obligations of Award Council:

a) Propose programs for organizing contests for awards to the Ministry of Construction;

b) Establish Expert Team to assist Award Council in considering presentation of awards;

c) Consider and appraise assessments and proposals made by Expert Team;

d) Select and submit typical high-quality construction works to the Ministry of Construction for consideration and presentation of awards;

Article 20. Standing Agency to consider presentation of awards for high-quality construction works

1. Construction Quality Inspectorate, the Ministry of Construction are Standing Agency for Award Council (hereinafter referred to as Standing Agency for Award Council)

2. Obligations of Standing Agency of Award Council:

a) Propose programs, plans and projects on awards for high-quality construction works to the Ministry of Construction;

b) Preside over and cooperate with relevant units and organizations in implementing activities of awards;

c) Preside over and instruct the execution of award-related guidelines;

d) Receive registration documents for participation in the contest for awards;

dd) Submit the list of members of Expert Team to Chairman of Award Council for decision;

e) Organize activities of communication and dissemination on awards;

h) Organize award ceremonies for winning construction works;

Article 21. Expert Team to consider presentation of awards for high-quality construction works

1. Expert Team is established under the decision of Chairman of Award Council at the request of its Standing Agency; Members of Expert Team are those who have a thorough knowledge of quality management and regulations on contests for awards for high-quality construction works.

2. Obligations of Expert Team:

a) Cooperate with Standing Agency of Award Council in conducting examination and assessment of construction works on documentation and at the site;

b) Document assessment of individual construction works and submit a short-list of construction works for submission to Award Council;

Article 22. Introduction and registration for participation in contest for awards for construction quality

1. Introduction and registration:

a) The Services of Construction shall cooperate with construction authorities in considering, introducing and recommending construction works of high-quality across the administration division for participation in the contest;

b) Investors, representatives of investor or main contractors, general construction contractors (as negotiated with investor) must submit two sets of registration documents for the contest before September 01 of the year of contest. Registration since the construction starts shall be encouraged.

2. Composition of registration documents:

a) Registration form (See Form as prescribed in Appendix V enclosed herewith);

b) Reports on general introduction about construction works;

c) Internal assessment reports made by investors, representatives of investors or main contractors, general construction contractor stating satisfaction of criteria as prescribed in Article 16 hereof;

d) Written records of Tests on Construction, Tests on Completion of the Works or a Section to put into operation; written approvals by competent administration agencies for fire safety, environmental protection and operation safety according to law provisions;

dd) Comments, assessments by organizations and individuals managing and using the construction works;

e) Photographs, tape recordings, videos of construction works during and after construction (if any);

3. Document receiving agencies:

Registration documents are sent directly or by post to Standing Agency of Award Council.

Article 23. Order and procedures for consideration for awards for high-quality construction works

1. Preliminary selection:

The task of assessment is divided into two steps:

a) Assessment of documentation: Expert Team shall cooperate with Standing Agency of Award Council in performing assessment of documentation of the construction works and make the report.

b) On-site assessment: Standing Agency of Award Council shall assign the Evaluation Team comprising representatives of Standing Agency of Award Council and a number of experts to conduct on-site assessment of the construction works and make the report.

c) The experts shall carry out independent assessment and grade individual works based on the criteria for consideration.

d) Expert Team shall discuss and finalize the list of works recommended for final selection and make the submission of relevant documentation to Award Council before November 01 of the year of contest based on results of assessment both on documentation and at the site.

dd) Documentation submitted to Award Council comprises registration documents as prescribed in Clause 2, Article 22; results of examination and assessment performed by Standing Agency of Award Council and Expert Team over individual works (Unified assessment reports, compiled score boards, record of on-site assessment, meeting minutes); written proposals from Standing Agency of Award Council and Expert Team accompanied by the list of works recommended for final selection.

2. Final selection:

a) Award Council shall carry out the task of final selection including examination and appraisal of assessments and proposals by Standing Agency of Award Council; select typical high-quality construction works for submission to the Minister of Construction for consideration.

b) Standing Agency of Award Council shall submit a draft decision on the list of award-winning construction works to the Minister of Construction before November 15 annually.

3. Time limit for examination as prescribed in this Article is 90 days since the deadline for registration documents (September 01 annually).

Article 24. Organizations announcing and presenting awards for high-quality construction works

1. The list of award-winning works and award winners shall be made public on the portals of the Government and the Ministry of Construction.

2. Standing Agency of Award Council shall organize announcing and presenting awards for award winners upon receipt of decisions issued by the Minister of Construction.

3. Announcement and award ceremonies are organized twice a year at the maximum.

4. In special cases, announcement and award ceremonies may be organized in an appropriate time on the basis of proposals submitted by award winners.

Article 25. Budget for organizing contest for awards for high-quality construction works

1. Budget sources for organizing the contest comprises:

a) Budget from state budget allocated in recurrent expense estimates (public service funds) of the Ministry of Construction;

b) Aids and grants from organizations, businesses or individuals at home and abroad; other sources (if any) in accordance with laws;

2. Expenses for organization:

Expenses for organizing the contest comprises:

a) Expenses for activities of Award Council: rewards, allowances for overtime work, preparations for meetings and relevant documents, materials;

b) Expenses for activities of National Council: rewards, allowances for overtime work, preparations for meetings and relevant documents, materials;

c) Expenses for activities of Standing Agency of Award Council: rewards and allowances for overtime work, preparations for meetings, office supplies, stationery;

d) Expenses for on-site examination and assessment: travel, accommodations to the inspectorate;

dd) Expenses for awards: bonuses paid to award winners; expenses for making trophies, signs, certificates and placement of signs;

h) Expenses for announcement and award ceremonies;

g) Other expenses;

3. Management and use of budget sources for organization of the contest are prescribed by laws and in current guidelines on financial management.

Article 26. Handling of violations in organizing contest for awards for high-quality construction works

Award winners shall be subject to following settlements if found to have committed fraud acts or violations of provisions prescribed hereof and other relevant law provisions:

1. Penalties for administrative violations according to law provisions;

2. Award Council shall consider revocation of awards based on severity of violations committed by award winners.

3. Revocation of awards shall be made public on the portals of the Ministry of Construction.

Chapter IV

TRANSITIONAL PROVISIONS

Article 27. Transitional provisions

1. The following construction works are considered eligible for participation in the contest for national awards:

a) Have won Gold Medal Awards for Vietnam Construction Quality in 2010:

b) Have won high-quality gold medals according to the "Statute on evaluation and recognition of high-quality construction works or products in construction sector in the five year plan (2006 – 2010)"enclosed with Decision No. 1547/QĐ-BCĐ dated November 13, 2006 of the Steering Committee for high-quality construction works and products (Also referred to as the Statute enclosed with Decision No. 1547/QĐ-BCĐ.)

2. For construction works registered for participation in the contest for awards for high-quality construction works from 2010 – 2012 that are yet to be considered for awards under the Statute enclosed with Decision No. 1547/QĐ-BCĐ shall be considered for awards for high-quality construction works under this Regulation./.