Nghị định 62/2016/ND-CP

DECREE

REGULATIONS ON REQUIREMENTS OF JUDICIAL EXPERTISE IN CONSTRUCTION AND CONSTRUCTION EXPERIMENTS

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

Pursuant to the Law on Judicial Expertise dated June 20, 2012;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

At the request of the Minister of Construction;

The Government has promulgated the Decree providing for conditions for judicial expertise in construction and construction experiments.

Article 1. Scope and regulated entities

This Decree applies to organizations, individuals at home and abroad involved in construction activities in the territory of Vietnam.

Article 2. Qualification requirements for constructional judicial experts and ad hoc constructional judicial experts

Construction judicial experts shall meet provisions set out in Points a, b, Clause 1, Article 7 of the Law on Judicial Expertise and ad hoc constructional judicial experts shall meet provisions as set out in Clause 1, Clause 2, Article 18 of the Law on Judicial Expertise. Apart from the conditions mentioned above, ad hoc constructional judicial experts shall meet following conditions:

1. For judicial expertise in compliance with laws in construction investment activities:

Have practical experience in construction investment management, construction supervision or state administration for construction.

2. For judicial expertise in quality or causes of damage, useful period and technical specifications of constructional materials, structures, products, work components or construction works:

a) Have experience in following tasks: Construction designing, design inspection, construction supervision, construction work, construction experimentation, construction quality testing in accordance with judicial expertise in construction;

b) Have practice certificate in leading construction survey or leading construction designs as prescribed (in case of verifying quality of construction survey or construction design;

c) Have practice certificate in construction quality testing or construction designs as prescribed (in case of verifying quality of materials, constructional products, construction equipment;

d) Have practice certificate in construction quality testing or construction designs or construction supervision as prescribed (in case of verifying quality of construction work components, construction works and verifying construction problems).

3. For judicial expertise in construction investment costs, construction value:

a) Have practical experience in construction investment management, construction designing, construction quality testing or construction investment cost management in accordance with judicial expertise in construction;

b) Have practice certificate in valuation of constructions as prescribed;

4. Practice certificates belonging to individuals as prescribed in Clauses 2, 3 of this Article are stipulated in Section 1, Chapter IV of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 providing for construction investment project management.

Article 3. Qualification requirements for ad hoc constructional judicial expertise institutions

Ad hoc constructional judicial expertise institutions are construction consultancies that meet provisions set out in Article 19 of the Law on Judicial Expertise and following conditions:

1. For judicial expertise in the compliance with laws in construction investment activities:

a) Meet all qualification requirements as prescribed to be able carry out construction investment projects, construction quality tests, construction supervision in accordance with judicial expertise in construction;

b) Individuals that preside over judicial expertise should meet conditions required of a constructional judicial expert, ad hoc constructional judicial expert performing the expertise in the compliance with laws on construction investment as prescribed in Clause 1, Article 2 hereof.

2. For judicial expertise in quality or causes of damage, useful period and technical specifications of materials, structures, constructional products, work components or construction works:

a) Meet qualification requirements for performing following tasks (in case of performing the expertise in quality of construction survey or construction designs): Construction quality testing, construction survey, construction design inspection in accordance with judicial expertise in construction;

b) Meet qualification requirements for performing following tasks (in case of performing expertise in quality of constructional materials, products, equipment): Construction quality testing, construction designing, construction experimentation, construction design supervision in accordance with judicial expertise in construction;

c) Meet qualification requirements for performing following tasks (in case of performing expertise in quality of construction components, construction works and construction problems): Construction quality testing, construction designing in accordance with judicial expertise in construction;

d) Individuals that preside over judicial expertise in provisions set out in Points a, b, c of this Clause should meet corresponding conditions as prescribed in Clause 2, Article 2 hereof.

3. For judicial expertise in construction investment costs, construction value:

a) Have sufficient qualifications to perform construction quality testing, construction designing, construction supervision, construction investment cost management as prescribed in accordance with judicial expertise in construction;

b) Individuals that preside over expertise must meet provisions as prescribed in Clause 3, Article 2 hereof.

4. Qualification requirements for institutions as mentioned in Clauses 2, 3 of this Article are stipulated in Section 1, Chapter IV of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 providing for construction investment project management.

Article 4. Qualification requirements for constructional judicial expertise offices

1. Be established and issued certificate of registration in accordance with the Law on Judicial Expertise and relevant documents.

2. Meet qualification requirements for ad hoc constructional judicial expertise institutions.

Article 5. Requirements for organizations performing construction experiments

1. Organizations performing construction experiments as prescribed hereof are organizations that provide services of construction experimentation, construction monitoring and meet requirements of qualifications as prescribed in Clause 2, this Article and are granted the certificate of satisfaction of requirements for conducting construction experiments (herein ‘the certificate’). The certificate is effective for five years since the date of issue.

2. Qualification requirements:

a) Must be an organization that is established in accordance with laws;

b) Meet general requirements of national standards TCVN ISO/IEC 17025:2007 or international standards ISO/IEC 17025:2005 and meet specific requirements in conformity with  registered test criteria;

c) Persons who directly manage construction experimental activities must obtain relevant university degrees;

d) Laboratory staff should obtain at least upper secondary school graduation diploma and training certificate appropriate for each experimental area.

Article 6. Applications, procedures and authority to grant the certificate

1. The application for issue of the certificate (herein 'the application') includes:

a) Registration form for issue of the certificate according to Form 01 in Annex I enclosed herewith (in case of new issue, re-issue), or registration form for supplements, amendments to the certificate according to Form 02 in Annex I enclosed herewith (in case of requests for supplements and amendments);

b) Copy of Establishment Decision or Certificate of Enterprise registration or Investment License (in case of new issue);

c) Lists of administrative officers, laboratory staff accompanied by relevant diplomas and training certificates;

d) Documents proving qualifications of laboratory staff as prescribed in Point b, Clause 2, Article 5 hereof in conformity with individual cases of new issue, re-issue or supplements (amendments) to the certificate.

2. Sequence of new issue, re-issue of the certificate:

a) The organization performing construction experimental activities shall submit a set of application as prescribed in Clause 1 of this Article in person or by post to headquarter of the Ministry of Construction. If the application is submitted via the Ministry of Construction’s website, follow instructions on online settlement of administrative procedures according to the Government’s regulations on e-government;

b) Within five working days since receipt of the application, if the application remains insufficient and ineligible, the Ministry of Construction shall instruct the applicant to make supplements and amendments for completion;

c) Within 15 workings since receipt of the application, if the application is sufficient and eligible, the Ministry of Construction shall conduct assessment at the site;

d) Within five working days since the written record of at-the-site assessment is issued and  remedial works (if any) are satisfactory, the Ministry of Construction shall be responsible for issuing the certificate as prescribed in Annex II enclosed herewith.

3. Sequence of issue of supplemented and amended certificates:

a) In case of issue of supplemented and amended certificates as prescribed in Point a, Clause 4, this Article, the sequence is instructed in Clause 2, this Article;

b) In case of issue of supplemented and amended certificates as prescribed in Point b, Clause 4, this Article, within five days since receipt of eligible documents, the Ministry of Construction shall be responsible for issuing the certificate;

c) Validity period of the supplemented, amended certificate shall be the same as that of the previously issued certificate.

4. Cases of making supplements and amendments to the certificate:

a) When the organization performing construction experimental activities needs to make supplements, amendments to the issued certificate;

b) When the organization needs to change location of the laboratory.

5. Authority to grant the certificate:

a) The Ministry of Construction shall be responsible for issuing, re-issuing, supplementing, amending (issuing the supplemented, amended certificate), suspending and terminating the certificate;

b) The Ministry of Construction shall recognize the equivalent of the certificate issued by other competent agencies according to laws if the activities meet requirements as set out in Clause 2, Article 5 hereof. Recognition of equivalence is carried out according to the sequence as prescribed in Point b, Clause 3, this Article.

Article 7. Suspension and termination of the certificate

1. The organization performing construction experimental activities shall have the certificate suspended if it performs/commits following acts:

a) Make a notice a out temporary suspension of operation;

b) Fail to regularly maintain conditions as prescribed in Article 5 hereof;

c) Provide test results that are misleading or not conformable with provisions in Annex III enclosed herewith;

d) Perform experimental criteria that are not included in the list accompanying the certificate or laboratory staff have no diplomas or training certificates in conformity with such criteria;

dd) Fail to undertake requirements by competent state agencies that have authority to conduct investigation and inspection of construction experimental activities.

2. The organization performing construction experimental activities shall have the certificate terminated if it performs/commits following acts:

a) Go dissolved, bankrupt or seriously violate applicable regulations;

b) Make a notice about end of operation;

c) Fail to make registration for supplements, amendments made to the certificate for the cases as prescribed in Point b, Clause 4, Article 6 hereof;

d) Fail to overcome errors after the period for which the certificate is suspended;

dd) Falsify test results;

e) Provide data deviating from test results that cause serious consequences to construction quality;

Article 8. Transitional handling

1. Any decision recognizing qualifications of construction laboratories for performing tests issued by the Ministry of Construction before the effective date of this Decree shall take the same effect as the certificate prescribed hereof.

2. Within 36 months since this Decree takes effect, any organization that was issued the decision above shall carry out registration for the issue of the certificate if it needs to continue operation.

Article 9. Effect

1. This Decree takes effect since July 01, 2016.

2. Any supplement, amendment or replacement made to the standards referred to in this Decree shall prevail over the previous ones.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of the People’s Committees of central-affiliated provinces and cities shall be responsible for executing this Decree./.