Nghị định 46/2015/ND-CP

Decree No. 46/2015/ND-CP dated May 12, 2015, on quality control and maintenance of construction works

Nội dung toàn văn Decree No. 46/2015/ND-CP on quality control and maintenance of construction works


THE GOVERNMENT
-------

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

No. 46/2015/NĐ-CP

Hanoi, May 12, 2015

 

DECREE

ON QUALITY CONTROL AND MAINTENANCE OF CONSTRUCTION WORKS

Pursuant to the Law on Government organization dated December 25, 2001;

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

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

At the request of the Minister of Construction,

The Government promulgates the Decree on quality control and maintenance of construction works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides guidance on the Law on Construction in terms of the construction work quality control in the inspection, design and construction activities and in terms of maintenance of construction works and resolution of construction work incidents arising during the construction.

Article 2. Regulated entities

This Decree applies to the investment deciding authorities, the investors, owners, managers and users of the works, domestic contractors, foreign contractors, regulatory bodies in terms of construction and organizations and individuals relating to the quality control and maintenance of construction works.

Article 3. Interpretation of terms 

1. ”Construction work quality control” means the management of the entities involving the construction activities according to the provisions of this Decree and other relevant legislations in the preparation, investment, construction and operation of the works so as to ensure the requirements of quality and safety of the works.

2. ”Technical instructions” means the collection of technical requirements on the basis of the technical standards and criteria applicable to the works, the construction engineering plan for guidance and regulations on materials, products and devices used in the works and for the construction, supervision and acceptance for the construction works.

3. ”As-built drawing” means the drawing of the completed construction works, including the location, size, materials and devices in reality.

4. “Construction completion dossier" means a collection of documents relating to the investment and construction of the works subject to retention when the works are brought into use.

5. "Specialized construction experiment” means the measurement to identify the characteristic of construction land, building materials, construction environment, building products, construction parts or construction works in a certain procedures.

6. “Construction monitoring” means the supervision, survey and recording of the geometrical change, the deformation, the move and other technical parameter of the works and the surrounding environment .

7. “Construction surveying" means the measurement to determine the location, shape and size of the topography and the works for the construction, quality control, maintenance and resolution of construction work incidents.

8. “Construction inspection” means the inspection and evaluation of quality or causes for problems, value, expiration of use and other technical parameter of the building products, construction parts or construction works through the survey and experiment associating with calculation and analysis.

9. “Construction assessment” means the inspection of the construction and the evaluation of adherence  to the legislations on construction investment that are conducted by a competent State management agency or at the request of such agency.

10. “Construction-related judicial assessment” means the activities relating to construction according to the proposal of presiding agencies, presiding officers or at the request of assessment applicant according to the legislations on judicial assessment.

11. “Conformity assessment in construction” means the assessment of the conformity of building materials and building products with the relevant technical standards that are applied.

12. “Conformance testing in construction” means the testing of the conformance of products, goods, service, process and environment with the corresponding criteria.

13. Maintenance of construction works means the collection of activities to ensure and maintain the applicability and safety of the works according to the engineering plan during the operation. The maintenance of construction works may include one, some or all of the following activities: inspection, monitoring, quality assessment, maintenance and repair of works, excluding the activities that cause change to the functions and scope of the works.

14. “Construction maintenance process” means the regulations on procedures, content and instruction on performing the maintenance activities of the construction works.

15. Design life of works means the expected duration of time that the work is operated, ensuring the requirements for safety and function. The design life of the works is specified in relevant technical standards, applicable criteria and the construction engineering plan of the works.

16. “Actual time limit of operation of works” (hereinafter referred to as actual life of works) means the actual duration of time that the works are used, ensuring the requirements for safety and functions.

17. ”Construction work warranty” means the commitment of the contractor on the responsibility for remedying and repairing of possible breakdown during the operation of construction works.

18. “Owner of works” means any individuals/organizations enjoying the ownership over the works according to the legislation.

19. “Manager/user of works” is the owner of works in case he/she is the owner who directly manages or uses the works or he/she is authorized by the owner to manage and/or operate the work.

Article 4. General principles in construction work quality control

1. Construction works shall undergo the quality control according to the regulations in this Decree and relevant law provisions during the preparation, investment, construction, management and use of works to ensure the safety of human lives, properties, equipment, main works and adjacent works.

2. Completed work items and works shall be brought into operation only when the acceptance for the conformity with requirements of the construction engineering plan, applicable criteria, technical standards, requirements in the construction contract and relevant law provisions is gained.

3. Any contractor involving the construction shall satisfy the requirements for capacity according to the regulations and shall have measures for self-management of quality of the allocated building tasks. The principal contractor or the general contractor is responsible for managing the quality of the parts of works carried out by the subcontractor.

4. The investor is responsible for organizing the quality control of the works according to the form of investment, form of project management, form of subcontract, scope and capital sources of investment during the construction according to the regulations in this Decree.  The investor that satisfies the conditions of capacity according to the legislation may carry out the construction activities themselves.

5. The construction authority shall provide guidance, conduct inspection over the quality control done by organizations/individuals involving the construction process; carry out appraisal of the engineering plan, inspection over the work acceptance, assessment of the construction work quality; make proposal and handle the violations against the regulation on quality of construction works according to the legislations.

6. Any entities involving the construction process mentioned in Clauses 3, 4 and 5 of this Article shall be self-responsible for the quality of the allocated parts.

Article 5. Arrangement of responsibilities in construction work quality control of the investor and the entities involving the construction investment

1. In case the investor establishes the board of construction investment project management:

a) The investor may authorize the project management board a part or the whole responsibility in construction work quality control according to the regulations in this Decree. The investor shall direct, conduct inspections and take responsibility for the tasks authorized to the project management board;

b) The project management board shall be responsible to the investor and the law according to the allocated duties and authority.

2. In case the investor hires a project management consultant contract or construction supervising contract:

a) The investor may authorize such contractor to take over one or some responsibilities of the investor in construction work quality control by signing a construction contract. The investor is responsible for supervising the implementation of the construction agreement and settling the argument of the project management consultant contractor and the construction supervising contractor with other contractors and with local government during the construction process;

b) The project management consultant contractor and the construction supervising contractor are responsible to the investor and the law for the allocated responsibilities.

3. The Ministry of Construction shall provide detailed guidance on responsibilities for construction work quality control of the investor; assign the responsibilities of entities relating to construction work quality control of the investment under general contracts/joint-venture contracts or the investment in the form of public-private partnerships.   

Article 6. Application of technical standards and criteria in the construction investment

1. The application of technical standards or criteria in construction investment shall comply with the regulation in Article 6 of the Law on Construction and the relevant regulations promulgated by the Ministry of Construction.

2. The application of foreign criteria shall be enclosed with the description of necessity for it. Any foreign criterion that is applied shall be enclosed with its full text in computer file or a printed copy with a Vietnamese or English translation of the to-be-applied parts.

3. Any new technological solutions and materials for construction that are initially used in Vietnam shall satisfy the technical standards and conform to the relevant legislations. The contractor who proposes the application of new technological solutions or materials shall present the basis and documents proving the safety, effectiveness and feasibility of such application to a competent agency for appraisal during the appraisal process of the construction engineering plan according to the legislations on construction.

Article 7. Quality control for construction of detached housing

1. The quality control for construction of detached housing shall be in the principle of ensuring the safety of human, property, equipment, main construction, adjacent constructions and surrounding environment.  Entities involving the construction investment of detached housing shall comply with this Decree in the quality control for detached housing.

2. The Ministry of Construction is responsible for providing guidance on construction work quality control for detached housing.

Article 8. Classification and grading of construction works

1. On the basis of their functions, construction works are classified as follows:

a) Civil constructions;

b) Industrial constructions;

c) Transport constructions;

d) Agriculture and rural development constructions;

dd) Technical infrastructure constructions;

e) National defense and security construction.

These constructions are specified in the List in Appendix I enclosed herewith.

2. Regarding the constructions other than those specified in sections I to V of Appendix I enclosed herewith, the Ministry of Construction shall preside over and cooperate with the Ministries managing the specialized construction works in determining the type of the construction.

3. Works and work items are graded on the basis of their scope, structure and importance to apply in the management of the following construction investment activities:

a) Classified management of capacity of entities involving the construction and disclose the information of capacity of such entities;

b) Requirement for technical instructions and determination of construction engineering planning steps of construction grades;

c) Determination of responsibilities in appraisal of construction engineering plan, inspections over the acceptance tasks by the construction authority during the construction process and when the construction finishes;

d) Management of the construction investment costs and construction contract;

dd) Arrangement of competence in issuance of the construction licenses;

e) Regulation on construction work warranty duration; management of construction work warranty;

g) Classification of construction work incidents and competence in handling the construction work incident;

h) Other relevant regulations.

4. Grading of construction works is for making construction engineering plan and for the managing the contents specified in technical standards, criteria and relevant law provisions.

5. The Ministry of Construction shall preside over and cooperate with Ministries managing specialized construction works in providing guidance on grading of construction works as prescribed in Clause 4 of this Article.

Article 9. Awards for quality of construction works

1. Awards for quality of construction works include:

a) National awards for quality of construction works regulated by the Prime Minister;

b) Awards for high-quality construction works and other awards for quality.

2. The awards for quality of construction works prescribed in Clause 1 of this Article are the bases for ranking and assessing the capacity and the result of the activities of organizations/individuals involving the construction investment and consideration for award for contract according to the regulation in Clause 1 Article 146 of the Law on Construction.

3. The contractors receiving awards for construction quality prescribed in Clause 1 of this Article are prioritized when participating in bidding relating to construction activity according to the legislation on bidding. The contractors shall receive priority only if the awards they received are presented within the latest 3 years before the year they apply for bidding. The investor shall include such contents in the invitation for bid.

4. The Ministry of Construction shall provide guidance on the form, conditions, criteria and procedures for application and consideration for presenting awards for construction work quality.

Article 10. Construction specialized experiments, construction monitoring, construction inspection and certification of conformity

1. Construction specialized experiments, construction monitoring, construction inspection and certification of conformity are the conditional construction consultant activities. Any organization carrying out such activities shall obtain registration and shall be recognized as prescribed in the regulations. Any individual carrying out such activities shall have appropriate practice certificates.

2. The Ministry of Construction shall provide guidance and instructions about the activities prescribed in Clause 1 of this Article.

Chapter II

QUALITY CONTROL IN CONSTRUCTION SURVEY

Article 11. Procedures for quality control in construction survey

1. Establish and approve the construction survey objectives.

2. Establish and approve the technical construction survey plan.

3. Manage the quality in construction survey.

4. Inspect, grant acceptance and approve the technical construction survey result.

Article 12. Construction survey objectives

1. The plan on construction survey objectives is established for the survey activities, supporting the establishment of construction investment project, construction engineering plan, engineering plan on repair, renovation and expansion of works or supporting other survey activities relating to the construction.

2. The construction survey objectives shall be established by the engineering contractor. In case the engineering contractor has not been chosen, the investment deciding authorities or the investor may hire an eligible organization/individual to establish the plan on construction survey objectives

3. The plan on construction survey objectives shall include:

a) Targets of construction survey;

b) Scope of construction survey;

c) The applied criteria for construction survey;

d) The planned activities for construction survey and cost estimate for construction survey activities;

dd) Duration of construction survey.

4. The plan on construction survey objectives shall be modified if:

a) There are unusual factors that likely to affect the planned solution during the construction survey or there is change in engineering objectives that needs supplement in construction survey;

b) During the engineering planning process, the engineering contractor discovers that the construction survey objectives and/or the construction survey report does not satisfy the engineering plan requirements;

c) During the construction process, a number of factors are determined unusual from the survey records and/or the engineering plan that may affect the quality of construction and/or the measures for construction.

5. When establishing the survey, the engineering contractor shall base on the survey objectives and the survey results of the previous engineering plan step and the result of relevant survey that is completed before (if any).

Article 13. Technical construction survey plan

1. The surveying contractor shall establish the technical construction survey plan according to the construction survey objectives, the applied criteria for construction survey and submit to the investor for approval.

2. The technical construction survey plan shall include:

a) Basis for establishing technical construction survey plan;

b) Specification of contents and loads construction survey task;

c) Measures, equipment and laboratories used for construction survey activities;

d) The applied criteria for construction survey;

dd) Organization carrying the survey and measures for quality control for construction surveying contractor;

e) Surveying process;

g) Measures for ensuring the safety of human, equipment, technical infrastructure constructions and other constructions in the surveyed area; measures for environmental protection and preservation of landscape in the surveyed area and restoration of the site after the survey.

3. The investor is in charge of checking and approving the technical construction survey plan. The investor may hire an eligible consultancy unit to appraise the technical construction survey plan as the basis for the appraisal activities.

Article 14. Quality control in construction survey activities

1. The surveying contractor shall arrange sufficiently the eligible people to conduct the surveys according to the regulation in the construction contract; assign an eligible person to be the director of the survey and apply the measures for quality control specified in the technical construction survey plan.

2. The investor is responsible for supervising the construction survey on the basis of the scope and type of survey as follows:

a) Inspect the actual proficiency of the construction surveying contractor, including human resources, surveying equipment used on the site and in laboratory (if any) in comparison with the approved technical construction survey plan and the regulations in the construction contract.;

b) Conduct supervision and inspection over the conduction of construction survey, including: location, survey load, surveying process, retention of surveying data and testing sample; inspection over the experiment in laboratory and on-site; inspect the ensuring of labor safety and environmental safety during the survey.

3. The investor is entitled to suspend the survey if the contractor is determined to not comply with the approve survey project or the regulation in the construction contract.

Article 15. Content of construction survey report

1. Basis for construction survey

2. Procedures and methods for construction survey

3. The generality of location and natural conditions of the construction survey site, characteristics and scope of the construction.

4. Load of completed construction surveys.

5. Experimented and analyzed result and data from construction survey.

6. The opinions, notes and/or suggestions (if any).

7. Conclusions and proposed solutions.

8. Appendixes.

Article 16. Acceptance and approval for the technical construction survey result

1. Acceptance for the technical construction survey report:

a) The investor shall inspect the completed construction survey workloads, check the conformity of specification, quantity and content of the survey report with the regulations on construction survey objectives, technical construction survey plans approved by the investor and the regulations in the construction contract. If the construction survey report is satisfactory, the investor shall send the surveying contractor a written notification of acceptance.

If the construction survey report is unsatisfactory, the investor shall send the surveying contractor a written notification of rejection including the unsatisfactory parts and request the surveying contractor to modify the survey result or make resurvey;

b) The investor may hire an eligible consultancy unit to check the construction survey report as the basis for the decision about acceptance.

2. When the notification is sent, the investor shall grant the acceptance directly to the construction survey report and shall be responsible for such acceptance.

3. The surveying contractors shall be responsible for the quality of their construction survey. The acceptance and approval for construction survey report of the investor does not cause change or reduce the responsibilities for the quality of construction survey carried out by the surveying contractor.

4. The construction survey report is a part of the construction completion dossier and shall be retained according to the regulations in Article 33 of this Decree.

Chapter III

ON QUALITY CONTROL FOR CONSTRUCTION ENGINEERING PLAN

Article 17. Procedures for quality control for construction engineering plan

1. Establish construction engineering objectives.

2. Manage the quality of construction engineering planning activities.

3. Carry out appraisal and inspection of the construction engineering plan.

4. Grant approval for the construction engineering plan.

5. Grant acceptance for the construction engineering plan.

Article 18. Construction engineering objectives

1. The investor or eligible organizations/individuals hired by the investor shall establish the construction engineering objectives.

2. The construction engineering objectives shall be conformable with the pre-feasibility study report or the report on the proposed construction investment policies. Construction engineering objectives are the basis for establishing construction investment project and construction engineering plan. The investor may hire an advisory organization or an advisory expert or inspect the engineering objectives if necessary.

3. The construction engineering objectives shall include the following main contents:

a) Basis for establishing the construction engineering objectives;

b) Purposes of construction;

c) Location of construction;

d) Requirements on planning, landscape and architecture of the works;

dd) Requirements on scale and time limit for the use of works, functions and other technical requirement on the works.

4. The construction engineering objectives shall be modified according to the actual conditions to ensure the effectiveness of the construction investment project.

Article 19. Technical instructions

1. Technical instructions are the basis for the supervision, construction and acceptance of the construction works. Technical instructions shall be established by the engineering contractor or the consultant contractor that are hired by the investor. The approved technical instructions are a part of invitation for construction bidding, the basis for management, supervision and acceptance for construction works.

2. The technical instructions shall conform with the technical standards, the criteria applied to the approved construction and the requirements of the construction engineering plan.

3. Special grade, grade I and grade II construction works shall have technical instructions. Regarding vestige works and other works, technical instructions may be established in separate dossier or included in the description of construction engineering plan.

Article 20. Quality control for construction engineering plan

1. The quality control by the engineering contractor:

a) Arrange eligible people sufficiently for establishing the engineering plan; assign eligible person to direct the engineering planning and preside over the engineering planning activity;

b) Use only the survey result that satisfies the requirements for the engineering planning step and conforms to the technical standards and criteria applied to the works;

c) Assign an affiliated individual/division or hire an eligible organization/individual to carry out the internal inspection of quality of engineering documents;

d) Submit the engineering documents to the investor for appraisal and approval according to the regulations on the Law on Construction; accept the appraisal opinions and modify the engineering documents according to the appraising opinions.

dd) Modify the engineering plan according to the regulation.

2. The engineering contractors shall be responsible for the quality of their construction engineering plan. The inspection, appraisal and approval for the engineering plan done by individual, organization, investor, investment deciding authorities or construction authority does not replace or reduce the responsibilities of the engineering contractor on quality of their construction engineering plan.

3. If the engineering contractor is the general engineering contractor, such contractor shall be take charge of planning the main items or technology of the works and shall be wholly responsible for signing and carrying out the contract with the contract awarder. Engineering subcontractors are responsible for the progress and quality of engineering plan to the general contractor and the law for their tasks.

4. During the construction engineering planning of important national works, large-sized works with complicated technical requirements, the engineering contractor may propose to the investor to conduct the experiments or imitative test to check and determine the capacity of the construction work to complete the engineering plan, ensuring the technical requirements and construction safety.

Article 21. Format of construction engineering documents

1. Engineering documents shall be establish for particular works, including description of the engineering plan, spreadsheets, drawings, relevant construction survey documents, construction estimate and construction maintenance process (if any);

2. Size, scale and title block of the drawing shall satisfy the applicable criteria for construction. The title block of each drawing shall include names and signatures of the direct engineer, the engineering inspector, the engineering director and the legal representatives of the engineering contractor and the seal of the engineering contractor (in case the engineering contractor is an organization).

3. The description, drawing and estimate shall be bound together, shall be enumerated with number and symbol for long-term searching and retention.

Article 22. Appraisal, inspection, approval, acceptance and retention of construction engineering plan

1. The appraisal, inspection, approval, acceptance and adjustment of engineering plan and technical instructions of construction engineering documents shall comply with the regulations in the Law on Construction and the Decree on construction investment project management.

2. The construction engineering document is a part of the construction completion dossier and shall be retained according to the regulations in Article 33 of this Decree.

Chapter IV

QUALITY CONTROL FOR THE CONSTRUCTION PROCESS

Article 23. Procedures for quality control for construction process

The quality of construction shall be control from the purchase, production and manufacture of building products, building materials, building structural components and equipment to the construction, trial run and acceptance, bringing the completed work items/works into use. Procedures and responsibilities in the construction are specified as follows:

1. Quality control for materials, products, structural components and equipment for construction.

2. Quality control by the contractor during the construction process.

3. Supervision of the construction by the investor, inspection and acceptance for building tasks during the construction process.

4. Designer's supervision by the engineering contractor in the construction process.

5. Control experiment, load testing and construction inspection during the construction process.

6. Acceptance for the construction stages, work items (if any).

7. Acceptance for the completed works/work items to bring them into use.

8. Inspection of the work acceptance by the regulatory agencies.

9. Establishment of the construction completion dossier, retention of documents about the works and transfer of works.

Article 24. Quality control for materials, products, structural components and equipment for construction

1. Responsibilities of the contractor in charge of supplying building products, building materials on the market.

a) Carrying out quality inspection experiment and present the contract awarder (the construction purchaser) the certificates and documents relating to the building products according to the provisions of the construction contract, the legislations on products and goods quality and relevant provisions of laws;

b) Inspecting the conformity of quality, quantity and type of the products with the requirements specified in the construction contract before transferring to the contract awarder;

c) Informing the contract awarder about requirements for transport, storage and maintenance of building products;

d) Carrying out repair or replace the products unconformable with the requirements for quality according to the commitment of warranty on the building products and the provisions of the construction contract.

2. Responsibilities of the contractor in charge of producing and manufacturing building materials, structural components and equipment used for the construction process according to the engineering plan:

a) Present the contractor awarder (the purchaser) the process of manufacturing and quality control during the production, processing and testing process according to the engineering plan;

b) Manufacturing, producing and testing according to the procedures approved by the contract awarder; self-controlling the quality and cooperating with the contract awarder in quality control during the manufacture, production, transport and storage on the construction site;

c) Inspecting and granting acceptance for the building products before transferring to the contract awarder;

d) Transporting and transferring the building products to the contract awarder according to the provisions of the contract;

dd) Presenting the contract awarder the relevant certificates and documents according to the provisions of the construction contract, legislations on product and goods quality and relevant provisions of laws.

3. The contract awarder is responsible for:

a) Issuing regulations on quantity, type and technical requirements for materials, products, structural components and equipment in the contract signed with the supplying contractor or the manufacturing contractor according to the requirements of the engineering plan and the technical instructions applied to the construction work;

b) Examinining the quantity, type and technical requirements for materials. Products, components and equipment according to the provisions of the contract; requesting the supplying contractor and the manufacturing and producing contractor to fulfill the responsibilities specified in Clauses 1 and 2 of this Article before granting acceptance of using materials, products, structural components and equipment for construction;

c) Carrying out quality control in the manufacture and production according to the procedures agreed with the contractors.

4. The contractors mentioned in Clauses 1 and 2 of this Article shall be responsible for the quality of materials, products, structural components and equipment they have supplied, manufactured and/or produced. The acceptance by the contract awarder does not reduce the responsibilities of the contractors.

Article 25. Responsibilities of construction contractor for construction work quality control

1. Receive and manage the construction site, maintain the landmarks and boundaries.

2. Notify the investor and relevant entities about their quality control system, objectives and quality assurance policy for the contruction. The construction work quality control system made by the contractor shall be conformable with the scale of the construction work and shall include the organization chart and responsibilities of specific divisions and individuals for the quality control by the contractor.

3. Request the investor to approve:

a) Plan on testing and quality assessment, monitoring and surveying of technical parameter of the work according to the requirements of engineering plan and technical instructions;

b) Measures for quality control and inspection for materials, products, structural components and equipment used for the construction of work; specifications of construction measures, ensuring safety of human, machinery, equipment and the construction work;

c) Plan on inspection and acceptance for building tasks, acceptance for construction process or work items and acceptance for completion of the work/work items;

d) Other necessary matters at the request of the investor and the provisions of the contract.

4. Assign the employees and equipment according to the provisions in the construction contract and relevant law provisions.

5. Take responsibilities for the quality control for the purchase, manufacture and production of materials, products, structural components and equipment used for construction according to the provisions in Article 24 of this Decree and the provisions of the construction contact.

6. Carry out the inspection of building materials, structural components and products, construction equipment and technological equipment before and during the construction process according to the provisions of the construction contract.

7. Carry out the construction according to the construction contract, construction license and construction engineering plan. Promptly notify the investor about the differences between the engineering plan, the documents about the construction contract and the conditions of the site during the construction. Carry self-control of construction quality according to the engineering plan and the provisions of the construction contract. The dossier of quality control for building tasks shall be established according to the regulations and conformable with the actual progress on site.

8. Control the quality of building and equipment installing tasks; supervise the construction of building tasks carried out by the subcontractor, applicable to the construction contractor being the principal contractor or general contractor.

9. Handle and remedy the mistakes and problems about the quality arising during the construction process (if any)

10. Carry out construction surveying and construction monitoring according to the engineering plan. Test run the equipment one by one and all at once according to the plan before applying for acceptance.

11. Set up the construction logbook according to the regulations.

12. Draw up as-built drawing according to the regulations.

13. Request the investor to grant acceptance for the construction transition works, acceptance for the works or work items and/or acceptance for completion of works/work items.

14. Report to the investor the process, quality, workload, labour safety and environmental protection in construction according to the construction contract and/or at the request of the investor.

15. Return the site and move building materials, machinery, equipment and other property out of the construction site when the acceptance for the work is obtained and the work is transferred to the contract awarder or the purchaser unless there is further provision in the contract.

Article 26. Construction supervision

1. The construction work shall undergo supervision during the construction process as prescribed in Clause 1 Article 120 of the Law on Construction. The contents of construction supervision:

a) Notify about tasks and competence of individual members in the quality control system of the investor, construction supervising contractor, to relevant contractors for cooperation;

b) Inspect the conditions for commencement of the construction work as prescribed in Article 107 of the Law on Construction;

c) Examine the conformity of the capacity of the construction contractor with the bid-envelopes and the construction contract, including: human resources, construction equipment, specialized construction laboratory and the quality control system of the construction contractor;

d) Examine the conformity of construction measures of the contractor with the approved engineering plan;

dd) Examine and approve the documents submitted by the contractors specified in Clause 3 Article 25 of this Decree and request the construction contractor to modify such documents during the construction process according to the actual conditions and the provisions in the contract. If necessary, the investor may agree in the construction contract with the contractors that the documents mentioned in Clause 3 Article 25 of this Decree are established by the supervising contractor and carried out by the construction contractor;

e) Examine and approve the materials, structural components, building products and equipments that are to be installed into the work;

g) Conduct inspection and expedite the construction contractor and other contractors to carry out the work according to the requirements for the construction progress;

h) Supervise the implementation of the regulations on environmental protection for the construction work according to the legislations on environmental protection; supervise the safety measures for the adjacent works and the construction monitoring;

i) Supervise the labor safety control according to the provisions in the standards and regulations in the contract and the legislations on labor safety;

k) Request the investor to adjust the engineering plan when finding mistakes or irrationalities;

l) Suspend the construction of the construction contractor if the construction quality is considered unconformable with technical requirements or the construction measures is considered unsafe; preside over and cooperate with relevant parties in handling the difficulties arising during the construction process according to the regulations in this Decree;

m) Examine the documents for the acceptance; examine and certify the as-built drawing;

n) Conduct control experiments and quality assessment of construction parts, work items and/or construction works according to the regulations in Article 29 of this Decree;

o) Conduct acceptance tests and grant acceptance for the building tasks to transit construction stages, acceptance for the construction process or construction parts, acceptance for completion of work items and construction work according to the regulations; conduct inspection and certify the completed construction workload;

p) Set up the documents on completion of construction;

q) Perform other activities according to the provisions in the construction contract.

2. The investor may directly supervise the construction process or hire an advisory organization that is proficient according to the regulations to provide supervision to one, some or all of the contents specified in Clause 1 of this Article.

3. If the construction is carried out under an EPC contract or a turnkey contract, responsibilities in construction supervision are specified as follows:

a) General contractors are responsible for supervising the building parts they take on and the tasks of subcontractors. The general contractor may directly supervise or hire an advisory organization that is proficient according to the regulations to provide supervision to one, some or all of the contents specified in Clause 1 of this Article. This shall be mentioned in the contract between the general contractor and the investor;

b) The investor shall inspect the supervision activities of the general contractor.  The investor may appoint a representative to participate in the inspection and acceptance of building tasks and important movement of the construction that is agreed by the general contractor in the plan on inspection and acceptance prescribed in Point a Clause 3 Article 25 of this Decree.

4. Any entities carrying out the supervision prescribed in Clause 2 and Point a Clause 3 of this Article shall build a quality control system and shall assign staff sufficiently for taking responsibility for supervision at the construction site according to the scale and requirements for supervision activity. On the basis of the scale, characteristic and techniques of the work, the personnel structure of construction supervising organizations shall include a chief supervisor and supervisors. Any people who carrying out such supervision shall have construction supervising practice certificate in accordance with his/her speciality and the construction grades.

5. Regarding the construction using the state budget funds and the non-budget state funds:

a) Organizations in charge of construction supervision shall be separate from construction contractor and contractors manufacturing, producing and/or supplying material, products, structural components, equipments used for the construction work;

b) Organizations in charge of construction supervision shall not carry out the quality assessment on the works that are under their supervision;

c) Contractors manufacturing, producing and/or supplying material, products, structural components, equipments used for work construction shall not carry out the quality assessment on products relating to materials or equipment that they have supplied.

6. The Ministry of Construction is in charge of providing instructions on construction supervision activities.

Article 27. Acceptance for building tasks

1. Pursuant to the plan on experiment and testing of building tasks and the actual construction progress on construction site, the construction supervisor and the person directly in charge of constructional technique of construction contractor shall carry out an acceptance test on the building tasks to move to the next construction stage. The acceptance result shall be written in the acceptance report and certified for one or multiple building tasks of a work item according to the construction order.

2. When making an acceptance inspection of a building task, the supervisor shall base on the approved construction drawing documents and technical instructions, the technical standards and criteria that are applied, the result of experiments and testing on quality of materials, equipment that are conducted during the construction process relating to the items subject to acceptance.

3. The supervisor shall conduct acceptance inspection of the building task and grant acceptance in writing within 24 hours since the notification of acceptance for building task to take the next stage from the construction contractor is received. If the application for acceptance is rejected, a written notification including explanation shall be sent to the construction contractor.

Article 28. Designer's supervision by the engineering contractor in the construction process

1. The contractor that is in charge of drawing technical design of three-step design, contractor that is in charge of making construction drawing of one-step or two-step designs shall be responsible for designer's supervision according to the regulations in the construction contract.

2. Designer's supervision activity includes:

a) Provide guidance on construction engineering documents at the request of the investor, the construction contractor and the construction supervising contractor;

b) Cooperate with the investor in handling the difficulties relating to the engineering activities arising during the construction process, adjusting the engineering plan according to the actual construction condition and handling the irrationalities in the engineering plan at the request of the investor;

c) Promptly notify the investor and suggest handling measures to the investor when discover that the construction is unconformable with the approved engineering plan of the construction contractor;

d) Carry out work acceptance at the request of the investor. If a work item or a work is discovered unsatisfactory for gaining acceptance, such engineering contractor shall promptly send a written notification to the investor.

Article 29. Control experiments, quality assessment and experiments on bearing capacity of the structural components during the construction process

1. A control experiment shall be conducted in any of the following cases:

a) The control experiment is prescribed in the construction contract or technical instructions of important national works, large-sized works with complicated technical requirements, works that exert great impacts on community safety and environment;

b) The building materials, construction products, building equipment and construction quality is likely unconformable with the requirements for quality specified in technical instructions or the engineering plan;

c) There is request from the construction authority.

2. Quality assessment and experiments on bearing capacity of the structural components shall be conducted in any of the following cases:

a) The assessment/experiment is prescribed in the construction contract or technical instructions according to the request of the engineering plan;

b) A work, work item or a construction part is likely unsatisfactory with the requirements for quality specified in the engineering plan;

c) There is request from a State agency entitled to sign the contract on investment in the form of public-private partnerships;

d) The assessment/experiment is agreed by the presiding agencies and the presiding officers according to the legislation on judicial expertise or at the request of the presiding body of the inspection of incident causes when the construction work incident occurred;

dd) There is request from the State Council for Construction Acceptance or a construction authority.

3. With regard to the cases specified in Point c Clause 1, Points d and dd Clause 2 of this Article, the authority agencies may appoint an advisory organizations according to the shorten procedures for no-bid contract awarding prescribed in Clause 1 Article 56 of the Decree No. 63/2014/NĐ-CP dated June 26, 2014 to carry out the assessment/experiment.

4. The engineering contractor, the construction contractor, the construction products manufacturing and supplying contractor and relevant contractors shall bear the cost for control experiment, quality assessment and experiment on bearing capacity of structural components if the results of such experiment/assessment proves their fault. Otherwise, the costs shall be included in the total investment in the construction.

Article 30. Acceptance for the construction stages or the construction parts

1. On the basis of the particular conditions of the work, the investor and the construction contractor may negotiate about the acceptance for the construction stage or the construction part if:

a) A construction stage or a construction part is completed, the inspection and acceptance shall be conducted to assess the quality before taking the next stage.

b) A construction package is completed

2. The investor shall negotiate with the relevant construction contractor about the time of acceptance, procedures and contents of acceptance, participant in the acceptance. The acceptance result shall be recorded.

Article 31. Acceptance for the completion of works/work items for use

1. The investor shall conduct inspection and acceptance for completion of works/work items.

2. Conditions for gaining acceptance for the completion of works/work items:

a) The finished building tasks shall be inspected and granted acceptance according to the provisions of Articles 27 and 30 of this Decree. The results of experiments and testing shall conform to the technical requirements specified in the construction engineering plan;

b) There are no unresolved major issues in terms of construction quality that threaten the safety to the operation of the building;

c) The works/work items shall gain the acceptance of fire safety from the Fire department according to the legislation on fire prevention and fighting; gain the certificate for completing the environmental protection work from the EIA (environmental impact assessment) report approving authority according to the legislation on environmental protection and the written approval from another competent agency according to the relevant law provisions, if any.

3. The investor may decide to conduct acceptance for a construction part or conditional acceptance to bring into operation if there are unresolved issues in terms of quality that not threaten the bearing capacity, life cycle and functions of the work and shall ensure that the work conform the requirement for safety. The acceptance report shall specify the shortcomings in terms of quality that need remedial measures or the building tasks that need continuing and time limit for such tasks. The investor shall conduction inspection and acceptance for completion of work when the shortcomings in terms of quality have been remedied or the rest building tasks have been completed.

4. Conditions for bringing the work/work item into operation:

a) The work/work item has gained the acceptance according to the regulation;

b) Regarding the works specified in Clause 1 Article 32 of this Decree, a competent agency specified in Clause 2 Article 32 of this Decree has conducted an inspection of the acceptance and issued a written approval for the acceptance result of the investor prescribed in Point a of this Clause. Particularly for the construction work using the state budget and the non-budget state funds, the investor shall finalize the construction contract only when the written approval for acceptance result is received.

5. The investor shall negotiate with the relevant construction contractor about the time of acceptance, procedures and contents of acceptance. The acceptance result shall be recorded.

Article 32. Inspection of construction work acceptance

1. The competent agencies specified in Clause 2 of this Article shall conduct an inspection of the acceptance issued to the construction work during and after the construction process according to the regulation in Clause 4 Article 123 of the Law on Construction, including:

a) Important national works, large-sized works with complicated technical requirements according to the List that is annually promulgated by the Prime Minister;

b) Works using the state budget funds and non-budget state fund;

c) Works that exert great impacts on community safety prescribed in Appendix II of this Decree other than those specified in Points a and b of this Clause;

d) The works that exert great impacts on environment other than those specified in Points a, b and c of this Clause shall undergo the inspection according to the legislations on environmental protection;

dd) Particularly for the construction of electric line, electrical substation with voltage of 35KV and lower, grade IV works using non-budget state funds, the investor shall conduct acceptance test themselves according to the regulations in this Decree. The investor is responsible for reporting the result of such acceptance test to the construction authority according to the competence level specified in Point c Clause 2 of this Article for collection, retention and supervision.

2. Inspecting competence:

a) The State Council for Construction Acceptance that is established and operated according to the decision of the Prime Minister is responsible for the inspection of the works specified in Point a Clause 1 of this Article;

b) The construction authority affiliated to the Ministry of Construction and the Ministries managing specialized construction works are responsible for the inspection of works (regardless of the sources of capital) under the management of the Ministries according to the regulations in Clauses 1 and 2 Article 51 of this Decree, applicable to grade I works, special grade works, works allocated by the Prime Minister, linear works crossing multiple provinces, works in which investment is decided by the Ministry of Construction and/or the Ministries managing specialized construction works, works in which investment decider or investor is a state-owned economic corporation, except for the works specified in Point a of this Clause;

c) The Services of Construction and the Services managing specialized construction works are responsible for the inspection of works located in local are under the management of Services according to the regulations in Clause 4 Article 51 of this Decree, except for the works specified in Points a and b of this Clause.

On the basis of the actual conditions, the People’s Committees of provinces may authorize the construction managing divisions of People’s Committees of districts to conduct the inspections of a number of grade III or grade IV works that are within the responsibilities of such Services of Construction and Services managing specialized construction works;

d) If the construction investment project includes multiple works/work items with different types and grades that are prescribed in Clause 1 of this Article, the agency presiding over the inspection shall be the agency responsible for the inspection of the main work/work item that has the highest grade in the construction investment project;

dd) The Ministry of National Defense and the Ministry of Public Security are responsible for deciding the competence in carrying out inspection of National defense and security works.

3. Contents of inspection include the adherence to the regulations on construction work quality control by the investor and the contractors in the survey, engineering planning and construction activities according to the regulations in this Decree and relevant law provisions.

4. Inspection process:

a) Regarding the works specified in Clause 1 of this Article, after the commencement, the investor shall report to the competent agencies specified in Clause 2 of this Article the following information: name and contact address of the investor, name of work, location, scale and scheduled progress of the construction work;

b) The competent agencies specified in Clause 2 of this Article shall notify the investor the inspection plan; conduct the inspection and make notification of the inspection result within 7 days from the day on which the inspection finishes;

c) At least 15 days, applicable to special grade works and grade I works or 10 days, applicable to the other works, before the day on which the pre-acceptance test is planned to be conducted according to the regulation in Clause 1 or 3 Article 31 of this Decree, the investor shall submit an application for inspection of acceptance for work/work item for operation to a competent agency specified in Clause 2 of this Article;

d) The competent agency specified in Clause 2 of this Article shall conduct the inspection of acceptance by the investor and issue the written approval for the acceptance result made by the investor within 15 days, applicable to special grade works and grade I works, or 10 days, applicable to the other works, from the day on which the inspection finishes. If the investor must fulfill the requirements specified in Point dd of this Clause, such time limit shall be calculated from the day on which the investor completed the fulfillment;

dd) During the inspection process, the competent agency may request the investor and the relevant parties to explain and remedy the shortcomings (if any) and conduct the control experiment, load testing and quality assessment of construction parts, items or the whole work according to the regulation in Article 29 of this Decree;

e) The competent agency may invite an eligible organization/individual to carrying out the inspection.

5. Cost for the inspection of the acceptance activity during and after the construction process shall be estimated, appraised, approved and included in the total investment in the construction.

6. The Ministry of Construction shall provide guidance on the inspection of acceptance activities during and after the construction.

Article 33. Establishment and retention of the documents on completion of construction work

1. The document on completion of construction work shall be set up sufficiently by the investor before the work/work item is brought into operation.

2. The document on completion of construction work shall be set up for the whole construction investment project if the works (work items) included in the project are brought into operation at the same time. If the works (work items) included in the project are brought into operation at different time, the documents on completion of construction work may be established particularly for such works (work items).

3. The investor shall establish and retain a set of documents on completion of construction work; the entities involving the construction investment shall retain themselves the documents relating to their construction parts. Particularly for the construction of housing and vestige works, the retention of documents shall comply with the legislations on housing and the legislations on historical and cultural works.

4. The Ministry of Construction shall provide guidance on list and retention duration of documents on completion of construction work.

Article 34. Transfer of construction works/work items

1. The transfer of construction works/work items shall comply with the regulations in Article 124 of the Law on Construction.

2. Depending on the conditions of the work, the work parts/work items that are completed and gain acceptance according to the regulation may be transferred and brought into operation at the request of the investor or the user.

3. In case of investment in the form of public-private partnerships and the competent State management agency sign the project contracts, the investor shall consider satisfying the conditions for transference specified in the project contracts and the provisions of relevant legislative documents.

Article 35. Requirements for warranty for construction works

1. The construction contractor and the equipment supplying contractor shall be responsible to the investor for the warranty for their parts of construction work.

2. Duration of warranty for new construction or renovation of works/work items is calculated from the day on which the acceptance is issued as prescribed in Clauses 1 and 3 Article 31 of this Decree and as follows:

a) Not under 24 months, applicable to special grade and grade I works/work items;

a) Not under 12 months, applicable to other works/work items;

c) Particularly for housing, duration of warranty shall be according to the legislations on housing.

3. Duration of warranty for construction equipment and technological equipment is determined according to the construction contract that not shorter than the warranty duration regulated by the manufacturer and is calculated from the day on which the acceptance for completion of equipment installation is issued.

4. Depending on the conditions of the work, the investor may negotiate with the contractors about the warranty duration for specific work item or construction/installation package besides the general warranty duration for the construction as prescribed in Clause 2 of this Article that not shorter than the warranty duration prescribed in Clauses 2 and 3 of this Article.

5. Regarding the work items having shortcomings in terms of quality or problems during the construction process that are resolved by the contractors, the warranty period of such work items may be extended according to the agreement between the investor and the construction contractor before gaining acceptance.

6. The investor shall negotiate in the construction contract with the construction contractors about the rights and responsibilities of the parties in the warranty of construction works; warranty duration of construction works, construction equipment, technological equipment; warranty deposit; the retention, use and refund of warranty deposit and the replacement of warranty money with the warranty guarantee letter from the bank that has equal value. The contractors mentioned above shall have the warranty deposit refunded or have the guarantee letter annulled only when the warranty period expires and   the investor confirms the completion of warranty.

7. Regarding the works using state capital, the minimum warranty deposit is specified as follows:

a) 3% of contract value, applicable to special grade and grade I works;

b) 5% of contract value, applicable to other works;

c) Warranty deposit for construction works using other capital may be determined referring from the minimum rates specified in Points a and b of this Clause.

Article 36. Warranty for construction works

1. During the warranty duration of construction work, if a construction shortcoming a discovered, the owner, manager or user shall report to the investor to request the construction contractor and the supplying contractor to carry out the warranty.

2. The construction contractor, the supplying contractor shall carried out the warranty for their construction parts, applicable to the breakdowns occurred within the warranty period, when the notification of warranty from the investor, owner, manager or user is received and shall bear all the costs relating to warranty activities.

3. The construction contractor, the supplying contractor may refuse to carry out warranty if the breakdowns are not due to the fault of the contractor or due to force majeure; If the breakdowns are arisen due to the fault of the contractor but the contractor fails to carry out the warranty, the investor is entiled to use the warranty deposit to hire another organization/individual to carry out instead. The work investor, manager or user is responsible for comply with the regulations on operation and maintenance of construction work during the operation of work.

4. The investor shall carry out the inspection and grant acceptance for the warranty of the construction contractor and the equipment supplying contractor.

5. Certification of completion of construction work warranty:

a) When the warranty duration expire, the construction contractor and the equipment supplying contractor shall draw up a report on completion of warranty task and send it to the investor. The investor is responsible for granting certificate of completion of construction work warranty to the investor;

b) The owner, the manager or the user of construction work is also responsible for granting certificate of completion of construction work to the construction contractor and the equipment supplying contractor at the request of the investor.

6. The construction surveying contractor, the engineering contractor, the construction contractor, the equipment supplying contractor and other relevant contractor are responsible for the quality of the construction parts they carry even when the warranty duration expires.

Chapter V

MAINTENANCE OF CONSTRUCTION WORKS

Article 37. Procedures for warranty of construction works

1. Establish and approve of the construction maintenance process.

2. Draw up plan and estimate the expenditure on maintenance of the construction work.

3. Carry out the maintenance and manage the quality of maintenance task.

4. Assess the bearing capacity and the force-bearing safety in operation of the construction work.

5. Establish and manage the documents on the construction maintenance.

Article 38. Construction maintenance process

1. The construction maintenance procedures include the following main contents:

a) The technological parameter of the work/work items and construction equipment;

b) Regulations on the subjects, methods and frequency of inspection of construction;

c) Regulations on the contents of maintenance and provide instruction on maintenance of the construction work in accordance with specific construction part, construction type and equipment installed into the work;

d) Regulations on the time of maintenance and guidance on periodic replacement of the equipment installed into the work;

dd) Instruction on the methods to repair the breakdowns and handle the deteriorated construction parts;

e) Regulations on useful life of the work;

g) Regulations on the contents and time of periodic assessment, applicable to the construction subject to safety assessment during the operation, according to the relevant law provisions;

h) Regulations on the time, subjects and contents of periodic inspection;

i) Regulations on the monitoring time, methods and frequency for the work applying for construction monitoring

k) Other instructions relating to the maintenance of the construction work and the stipulation of conditions for ensuring labor safety and environmental protection during the maintenance of the construction work.

2. Responsibilities for establishment and approval for construction maintenance process:

a) The engineering contractor shall establish and transfer to the investor the maintenance process for the construction work and/or construction parts enclosed with the engineering documents deducting from the general engineering plan; update the maintenance process according to the change in engineering plan during the construction process (if any) before carrying acceptance test of the works/work items to bring them into operation;

b) The contractors supplying equipment to install into the work shall establish and transfer to the investor the maintenance process of the equipment they supplied before the installation;

c) If the engineering contractor and/or the equipment supplying contractor fails to establish the maintenance process, the investor may hire another consultancy unit with satisfactory proficiency to carry out the establishment of the subjects specified in Points a and b of this Clause and shall be responsible for paying the consultancy costs;

d) The investor shall establish and approve the maintenance process according to the regulation in Point b Clause 1 Article 126 of the Law on Construction. The investor, the owner, manager or the user of the construction work may hire an eligible consultancy unit to conduct an inspection on a part or the whole construction maintenance process established by the engineering contractor as the basis for the approval;

dd) Regarding the construction works that are operated without maintenance process, the owner, the manager or user of the work shall establish and approve the construction maintenance process. If necessary, a quality assessment of the construction work may be conducted to form the basis for the establishment of construction maintenance process. The remaining useful life of the work shall be defined in the maintenance process.

3. The specific maintenance processes for grade III works or lower, detached housing and temporary works are not required, unless otherwise legislations prescribed by law. The manager of the work still have to carry out the construction maintenance according to the regulations on construction maintenance in this Decree.

4. dd) If there are appropriate technical standards in terms of maintenance or maintenance processes of similar works, the owner or the manager of the work may applied such technical standards or processes without establishment of a new maintenance process.

5. Adjustment of construction maintenance process:

a) The owners or the managers of the work may adjust the maintenance process if any irrationality that may affect the quality of the work and the operation of work and shall be responsible for their decision;

b) The contractors in charge of establishing maintenance process shall carry out the modification or replacement of the irrationality in the process that is due to their fault and may reject the unreasonable request for modification from the owner or the manager of the work;

c) If the contractor in charge of establishing maintenance process fails to carry out such activities, the owner or the manager of the work may hire another contractor having satisfactory proficiency to modify the maintenance process. The contractors carrying out the modification of construction maintenance process shall be responsible for the quality of their construction parts;

d) Regarding the work applying technical standards for maintenance in the maintenance activity, if such standards are modified or replaced, the maintenance of the work shall comply with the modified ones.

dd) The owner or the manager of the work is responsible for granting approval for the modified contents in the maintenance process, unless otherwise legislations prescribed by law.

Article 39. Construction maintenance plans

1. The owner or the manager of the work shall draw up an annual construction maintenance plan on the basis of the approved maintenance process and the current conditions of the work.

2. The construction maintenance plan includes the following main contents:

a) Name of task;

b) Duration of task performance;

c) Methods for performing the task;

d) Expense for task performance.

3. The maintenance plan may be modified during the maintenance process. The owner or the manager of the work is in charge of giving decision on modification of construction maintenance plans.

4. The repair of work/equipment is carried out in accordance with the expense as follows:

a) Regarding the repair of work/equipment with the expense of under VND 5,000,000 funded from the state budget, the owner or the manager of the work shall decide the repair plan in terms of: names of construction parts or equipment that need repair or replacement; reasons for repair/replacement, targets of repair/replacement; workload; expected cost, expected time of repair/replacement and time of completion;

b) Regarding the repair of work/equipment with the expense of VND 5,000,000 or more funded from the state budget, the owner or the manager of the work shall establish the economic-technical report or the investment project and submit them to an authority agency for appraisal and approval according to the legislation on construction investment;

c) Regarding the repair of work without funding from the state budget, the owner or the manager of the work is encouraged to consult and apply the provisions in Points a and b of this Clause.

Article 40. Maintenance of construction works

1. The owner or the manager with satisfactory capacity may conduct the inspection and maintenance of the work themselves according to the approved construction maintenance procedures; otherwise, an eligible organization may be hired to carry out such tasks.

2. The construction work shall be inspected regularly or irregularly to promptly discover the signs of deterioration or breakdowns of the work and equipment installed into the work to form a basis for the construction maintenance.

3. The construction maintenance shall comply with the approved annual maintenance plans and construction maintenance procedures.

4. Repair of work includes the following tasks:

a) Periodic repair of construction work includes the repair or replacement of broken down construction parts or equipment installed in to the work that is conducted periodically according to the regulations on maintenance process;

b) The irregular repair of construction work is conducted when a work/construction part is broken down due to irregular impacts like wind, storm, flood, earthquake, shock, fire and other irregular impact or when a work/construction part has sign of deterioration that affect the safety in operation of the work.

5. Construction quality assessment serving the maintenance task shall be conducted in any of the following cases:

a) Periodic assessment according to the approved construction maintenance process;

b) A number of construction parts are discovered having sign of danger that are unsafe to be operated;

c) There is request for assessment of current quality of the work to establish the maintenance process for the works that are operated without maintenance process;

d) It is necessary to form a basis for the decision to extend the useful life of the work, applicable to the works whose design life expires or form a basis for the renovation of the work;

dd) There is request from the state agencies in charge of construction.

6. Construction monitoring serving the maintenance task shall be conducted in any of the following cases:

a) The construction of important national works or the works that potentially cause danger if they are broken down;

b) The works that have signs of subsidence, leaning, fissure or other irregular signs that potentially cause collapse of works;

c) There is request from the investor, owner or the manager;

The Ministry of Construction and the Ministries managing the specialized construction works are responsible for promulgating the list of works subject to construction monitoring during the operation.

7. If a work belongs to multiple owners, beside the responsibilities for the maintenance of their own construction part, the owner shall be also responsible for the maintenance of the common construction parts according to the relevant law provisions.

8. Regarding the works that have not been transferred to the owners or the managers/users, the investor shall set up a construction maintenance plan and carry out the construction maintenance according to the regulations in this Article and Article 39 of this Decree. The investor shall transfer the construction maintenance documents to the owner or the manager/user before transferring the work to such entities for operation.

Article 41. Quality control for the maintenance task of the construction work

1. The regular and irregular inspection of the work shall be conducted by the owner or the manager/user through observation and the figures from regular monitoring (if any) or using the specialized inspecting equipment if necessary.

2. The maintenance of construction work shall be conducted step by step according to the regulations the construction maintenance procedures. The result of maintenance process shall be recorded and filed; the owner or the manager/user of the work is responsible for certifying the completion of maintenance task and recorded it in the construction maintenance document.

3. The owner or the manager/user of work is responsible for organizing the monitoring and acceptance testing for the repair activities; establishing, managing and retaining the construction repair document according to the legislation on construction management and other relevant provisions of law.

4. The repair of work shall be under warranty for at least 6 months, applicable to grade II or lower work, and at least 12 months, applicable to grade I or higher work.

5. The owner or the manager/user shall negotiate with the repairing contractor about the rights and responsibilities in warranty, duration of warranty, warranty deposit for the repair activity during the maintenance of the construction work.

6. The owner or the manager/user of work is responsible for organizing the monitoring and acceptance testing for the repair activities; establishing, managing and retaining the construction repair document according to the legislation.

7. If the work needs monitoring or is subject to quality assessment, the owner or the manager/user of work shall hire an eligible organization to undertake. If necessary, the owner or the manager/user of work may hire an independent organization to assess the inspection report and the construction monitoring report.

8. Documents for the construction maintenance:

a) Documents for the construction maintenance include the construction maintenance process, the as-built drawing, profiles of equipment installed in to the work and other necessary documents relating to construction maintenance;

b) The investor shall transfer the construction maintenance documents to the owner or the manager/user before transferring the work to such entities for operation.

9. Construction maintenance documents include:

a) Documents for the construction maintenance specified in Clause 8 of this Article;

b) Maintenance plan;

c) Results of regular and irregular inspection of the work;

d) Result of construction maintenance tasks;

dd) Result of construction monitoring, results of construction quality assessment (if any);

e) Results of assessment of force-bearing safety and operation of work (if any);

g) Other relevant documents.

Article 42. Construction maintenance costs

1. Funding for construction maintenance is taken from the following sources:

a) The Government budget (the central budget, local budget) that are annually allocated, applicable to the project using the state budget funds;

b) Money collected from the operation of construction work using non-budget state funds;

c) Capital source of the investor or owner, applicable to business construction work;

d) The contribution from the organizations and individuals;

dd) Other legal source of capital.

2. Costs for establishment and inspection of construction maintenance process:

a) Costs for establishment and inspection of construction maintenance process are included in the total investment in the construction;

b) Costs for establishment and inspection of maintenance process of the construction work that has been brought into operation without maintenance process are included in the construction maintenance costs;

c) Costs for adjustment of construction maintenance process are included in the construction maintenance costs. The contractors in charge of establishing the construction maintenance process shall be responsible for paying the costs for the adjustment of construction maintenance process due to their own fault.

3. Estimate of construction maintenance:

a) The estimate of construction maintenance (hereinafter referred to as maintenance estimate) is determined for specific maintenance activity as the basis for the management of construction maintenance cost;

b) Maintenance estimate is made according to the workload determined according to the maintenance plan and the unit price established according to the regulations promulgated by the competent authorities for the construction maintenance to carry out such workload;

c) The owners or the managers/users shall establish and carry out inspection and approval for the maintenance estimate of the construction works using the state budget funds and non-budget state funds to carry out the construction maintenance.

Regarding the repair of work without funding from the state budget, the owner or the manager/user of the work shall establish, and carry out inspection and approval for the maintenance estimate;

d) The agencies specified in Clauses 2, 3 and 4 Article 51 of this Decree shall establish the construction norms for the construction maintenance, depending on the methods for formulating construction norms for the construction maintenance that is guided by the Ministry of Construction, then disclose such construction norms to the contractors of the works appropriate to the peculiarity of the Ministries and local governments then submit them to the Ministry of Construction for management.

4. The owner or the manager/user of the work is in charge of approving the construction maintenance estimate according to the legislation on cost management in construction activities.

5. Management, payment and settlement of costs for construction maintenance:

a) Regarding the construction works using the state budget funds, the owner or the manager/user of the work is responsible for the management, payment and settlement of costs for construction maintenance according to the regulation in the Law on the State budget and relevant law provisions;

b) Regarding the construction work not using the state budget funds for maintenance, the owner or the manager/user of the work shall be responsible for the management, payment and settlement of the costs for construction maintenance.

6. With regard to the cases specified in Clause 8 Article 40 of this Decree, costs for construction maintenance are included in the total investment in the construction of work.

Article 43. Assessment of force-bearing safety and operation safety

1. Periodic assessments of the safety of the works shall be conducted on important national works, large-sized works with complicated technical requirements, works that exert great impacts on community safety that are in operation.

2. The contents of assessment are force-bearing safety and safety in the operation of works. The assessment of fire safety, nuclear safety and other safety assessment shall comply with the relevant law provisions.

3. The owner or the manager/user of the work shall conduct periodic assessment of force-bearing safety and operation safety then send the result to a competent agency specified in Clause 4 of this Article for supervision and inspection.

4. Competence in assessment of force-bearing safety and safety in the operation of works:

a) The construction authority affiliated to the Ministry of Construction and the Ministries managing specialized construction works are responsible for the inspection of grade I works or higher within the specialized lines prescribed in Clauses 1 and 2 Article 51 of this Decree;

b) The Services of Construction and the Services managing specialized construction works are responsible for the inspection of grade II works or lower within the specialized lines prescribed in Clause 4 Article 51 of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security are responsible for the inspection of National defense and security works.

5. Costs for the assessment of safety during the operation of the work include the cost for quality assessment, cost for hiring expert and other necessary expenses paid by the owner or the manager/user of the work and are included in the construction maintenance costs.

6. The Ministry of Construction shall preside over and cooperate with the Ministries managing specialized construction works, the Ministry of National Defense and the Ministry of Public Security in defining the construction subjects, assessment frequency, procedures for assessment of force-bearing safety and operation safety of the work during the operation.

Article 44. Tasks to be completed when a work is potentially dangerous or unsafe to operate

1. If a work/work item is discovered potentially dangerous or unsafe to operate, the owner or the manager/user is responsible for:

a) Conducting reinspection of the work’s current conditions;

b) Conducting construction quality assessment (if necessary);

c) Giving decision on the urgent measures like limiting or stopping the operation of work, removing human and properties to ensure the safety in case of collapse;

d) Reporting promptly to the nearest local government;

dd) Repairing any breakdown that potentially affects the operation safety of the work or dismantling the construction works if necessary.

2. If a work/work item is potentially dangerous or unsafe to operate, the local government is responsible for:

a) Conducting inspection, making notification, request and guiding the owner or the manager/user of work to conduct survey, quality assessment, danger assessment, repair or dismantlement of work/construction parts, if necessary;

b) Requesting the owner or the manager/user or work to take the urgent measures specified in Point c Clause 1 of this Article in case such entity does not take such measures initiatively to ensure the safety;

c) In case a construction work/work item is potentially dangerous that may cause collapse, the State management agencies shall preside over and cooperate with the owner or the manager/user to immediately take the safety measures, including the limitation/stop of operation of work and removement of human and properties (if necessary).

d) Handling the owner or the manager/user of construction work according to the legislations if such entity does not comply with the requirements of the competent state agencies specified in Clause 2 Article 45 of this Decree.

3. Particularly for old apartment building, apartment building likely dangerous and unsafe to operate, the owner or the manager/user of the work shall comply with the regulation in this Decree and or the provisions of laws on housing.

4. Every citizen is entitled to notify the owner or the manager/user of the work, the authority agencies or the means of mass media about the construction part/construction work that has problems or is potentially dangerous or unsafe to operate for prompt resolution.

5. The owner or manager/user of the work, the authority agency that receives the information about the construction part/construction work that has problem or is dangerous or unsafe to operate shall take the safety measures specified in Point c Clause 1 of this Article. If the problem is not promptly handled and cause damage to human and properties, such entities shall bear legal responsibility.

Article 45. Tasks to be completed after expiration of useful life of works

1. When the useful life of a work is expired, the owner or the manager/user of the work shall:

a) Conduct inspections and assessments of the work’s current conditions;

b) Consolidate, renovate and repair the construction damage (if any) to ensure the functions and safety for consideration and decision to keep using the work;

c) Decide themselves the continuity of operating the work after completing the activities specified in Points a and b of this Clause, except for the work specified in Point d of this Clause;

d) Report the results of quality inspection and assessment, result of construction maintenance (if any) to the agencies specified in Clause 2 of this Article for consideration and approval for the extension of useful life of the works specified in Appendix II of this Decree.

2. Responsibilities for notification and competence in handling of expired works that need extension of useful life:

a) The Ministry of Construction and the Ministries managing specialized construction works are responsible for the special-grade works within the managerial scope of the Ministries as prescribed in Clauses 1 and 2 Article 51 of this Decree;

b) The People’s Committees of provinces are responsible for grade I and grade II works in local area;

b) The People’s Committees of districts are responsible for the other works in local area;

dd) The Ministry of National Defense and the Ministry of Public Security are responsible for deciding the responsibilities for notification and competence in handling of expired works that need extension of useful life of National defense and security works;

dd) Particularly for housing, competence in handling shall comply with the legislations on housing.

3. The decision about the duration of the useful life of work after extension shall be based on the specific requirement and technical condition and type and grade of work.

4. The expired works are not kept operating in the following cases:

a) The owner or manager/user of the work has no need for further operation;

b) The owner or the manager/user or work has finished the activities specified in Clause 1 of this Article but the work is still unsafe.

5. The owner or the manager/user of the work is responsible for dismantling the works prescribed in Clause 4 of this Article.

Chapter VI

INCIDENTS IN CONSTRUCTION WORKS

Article 46. Grading of incidents in the construction and operation of works

Incidents are classified into 3 levels according to the damage to the construction and the human damage, including level I, level II and level III incident, specifically as follows:

1. Level I incident includes:

a) Incidents in construction works that cause to death of 6 people or more;

b) Collapses of level I or higher works/work items or damage that potentially causes to collapses of level I or higher works/work items.

2. Level II incident includes:

a) Incidents in construction works that cause to death of 1 to 5 people;

b) Collapses of level II or level III works/work items or damage that potentially causes to collapses of level II or level III works/work items.

3. Level III incidents include the incidents other than those specified in Clauses 1 and 2 of this Article.

Article 47. Reports on incidents in construction works

1. When the incident occurs, the investor shall immediately report such incident to the local People's committee of commune and the superior agency. When the report on the incident is received the People's committee of commune shall report it to the People’s Committee of district and province.

2. Within 24 hours since the incident occurs, the investor make a written report on the incident and send them to the People’s Committee of district and People's Committee of province of the place where the incident occurs. For any type of incidents, if there is human damage, the investor shall report to the Ministry of Construction and other competent State management agencies as prescribed in relevant law provisions.

3. When the report about the incident is received, the People’s Committee of province shall send a report on such incident to the Ministry of Construction and the Ministries managing specialized construction works, applicable to level I incidents and other incidents that cause human damage.

4. Any competent State management agency is entitled to request the investor and relevant parties to provide information about the incident.

5. If the incident occurs in the operation process, the owner or manager/user shall comply with the regulations in Clauses 1, 2 and 3 of this Article.

Article 48. Handling of incidents in construction works

1. When an incident occurs, the investor and the construction contractor are responsible for taking promptly the measures for searching and rescuing, ensuring the safety of human and property; limiting and preventing dangers that may continue; protect incident scenes and making reports as stipulated in Article 47 of this Decree. People’s Committees of all levels shall direct and support the relevant parties in organizing search and rescue, protecting incident scenes and carrying out other necessary activities during the process of handling incident.

2. The People's Committees of provinces are responsible for handling the construction work incidents and carry out the following tasks:

a) Consider and decide to stop or suspend the construction or operation of the work items, a part of the whole work according to the level and sphere of incident;

b) Consider and decide the dismantlement and/or clearance of incident scenes that ensures the safety of human, property, construction work and adjacent works. Involved parties shall take photos, shoot films, collect evidences and take notes of necessary information for the inspection of incident causes and establishment of incident documents before dismantling and clearing incident scenes;

c) Notify the investor and relevant entities about the result of the inspection of incident causes; send the investor, owner or relevant parties a request for remedy for the incident;

d) Handle the relevant parties according to the responsibilities and the legislations;

dd) On the basis the actual conditions of local area, the People's Committee of province may authorized the People’s Committee of district to preside over the handling of level III construction work incidents.

3. The investor, the construction contractor or the owner, the manager/user are responsible for taking remedial measures for the incident during the construction/operation process according to the request of the regulatory agency. When the incident is handled, the competent agency specified in Clause 2 of this Article shall decide to continue the construction or bring the work into operation.

4. Organizations and individuals causing incidents shall compensate for damage and pay the expenses for the remedy of incidents according to the nature, level and sphere of incidents.

Article 49. Inspection of construction work incident causes

1. The authority to organize the inspection of construction work incident causes is stipulated as follows:

a) The Ministry of Construction and Ministries managing specialized construction works are responsible for presiding over the inspection of causes for level I incident of specialized construction works according to the managerial responsibilities specified in Clauses 1 and 2 Article 51 of this Decree, except for other cases at the request of the Prime Minister;

b) The People's Committees of provinces are responsible for the inspection of level II and level III incidents in local area. The People's Committees of provinces may request the Ministries managing specialized construction works to organize inspection of such incidents alone or together;

c) The Ministry of National Defense and the Ministry of Public Security are responsible for the inspection of incidents of National defense and security works.

2. The competent agencies specified in Clause 1 of this Article shall establish an incident inspecting team to inspect the incident causes. An incident inspecting team shall include the representatives of the agencies in charge of handling the incident, the relevant agencies and the expert in technical speciality relating to the incident. If necessary, the agency presiding over the inspection of construction work incident causes may appoint an inspection organization to carry out the construction quality assessment serving the inspection of incident causes and find remedial measures.

For incidents that lead to serious consequences, the Prime Minister shall decide to establish Incident Investigation Committee under the control of the Ministry of Construction and with the participation of relevant parties to conduct the inspection of incident causes.

3. Contents of inspection of incident causes:

a) Collect related documents and relevant technical data and carry out professional activities to identify incident causes;

b) Assess the safety of works after the incident;

c) Assign the responsibilities among relevant organizations and individuals;

d) Establish incident cause inspection documents, including the Reports of inspection of incidents causes and relevant documents during the process of the inspection of incident causes.

4. Costs for the inspection of construction work incident causes

a) If the construction work incident occurred during the work construction process, the investor shall pay the cost for inspection of construction work incident causes. When the result of the inspection is received and the responsibilities are defined, the organization/individuals causing the incident shall be responsible for paying such cost. If the construction work incident orcurred due to a force majeure event, the cost for the inspection of construction work incident causes shall be paid according to the regulations in the relevant construction contract;

b) If the construction work incident occurred during the work operation process, the owner, manager/user of the work shall pay the cost for inspection of construction work incident causes. When the result of the inspection is received and the responsibilities are defined, the organization/individuals causing the incident shall be responsible for paying such cost. If the construction work incident orcurred due to a force majeure event, the cost for the inspection of construction work incident causes shall be paid by the owner, the manager or user of the work.

Article 50. Construction work incident documents

The investor, the owner and manager/user of the work are responsible for establishing the incident documents, including the following contents:

1. A report on the inspection of incident scene including: name of the work/work item with the incident; location of construction works and time of the incidents, preliminary description and occurence of the incidents; the status of works when the incident occured; preliminary information on the damage to people and property; preliminary information on incident causes.

2. Documents about the engineering planning and the construction of works which are related to the incident.

3. Document on the inspection of incident causes.

4. Document relating to the handling of incident.

Chapter VII

STATE MANAGEMENT ON THE QUALITY OF CONSTRUCTION WORKS

Article 51. Responsibility of regulatory bodies for construction quality control

1. Ministry of Construction shall unify the state management on the quality of construction works on a national scale and to manage the quality of specialized construction works, including civil construction works; works for building material industry; works for light industry; technical infrastructure works; urban traffic works excluding railway, river overpassing works and highway.

2. Regarding Ministries managing specialized construction works:

a) The Ministry of Transport is responsible for the quality of traffic works excluding the traffic works under the management of the Ministry of Construction;

b) The Ministry of Agriculture and Rural Development is responsible for the quality of the works for agriculture and rural development;

c) The Ministry of Industry and Trade is responsible for the quality of industrial works excluding the industrial works under the management of the Ministry of Construction;

3. The Ministry of National Defense and the Ministry of Public Security are responsible for the quality of the works for National defense and security.

4. People's Committees of provinces shall conduct state management on construction works quality in local areas.  Departments of Construction and Departments managing specialized construction works shall assist People’s Committees of provinces in managing construction quality of works as follows:

a) The Services of Construction are responsible for the quality of civil construction works; works for building material industry; works for light industry; technical infrastructure works; urban traffic works excluding railway, river overpassing works and highway;

b) The Services of Transport are responsible for the quality of traffic works excluding the traffic works under the management of the Services of Construction;

c) The Services of Agriculture and Rural Development are responsible for the quality of the works for agriculture and rural development;

d) The Services of Industry and Trade are responsible for the quality of industrial works excluding the industrial works under the management of the Services of Construction;

Article 52. The State management on the quality of construction works of the Ministry of Construction

1. Issue and provide guidance on the implementation of the legislative documents within its competence on the quality control of construction works.

2. Conduct periodic inspections and irregular inspections over the quality control done by Ministries and regulatory bodies and subjects involving the construction and over the quality of construction works when necessary.

3. Request and expedite the ministries managing specialized construction works and People's Committees of provinces to conduct inspections over the quality control and the quality of construction works under their management.

4. Provide guidance on registration of the information of the capacity of construction of organizations and individuals nationwide and post such information on Ministry of Construction’s website according to the regulation.

5. Conduct assessment of construction engineering plan as prescribed in the Decree on construction investment project management.

6. Conduct inspections over the acceptance for specialized construction works under management of Ministry of Construction and cooperate with Ministries managing specialized construction works to conduct inspections over specialized works as prescribed in Article 32 of this Decree.

7. Provide guidance on costs for establishment, inspection and adjustment of maintenance process; determine the organization/individual bearing responsibilities for maintenance of construction works and provide instruction for payment for maintenance cost of the works under the management of the Ministry of Construction; provide guidance on making estimate for the construction maintenance and establish and announce the construction norms serving the construction maintenance.

8. Conduct inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works.

9. Consider and give decision on continuity to operating the works with expired design life, handle the works having signs of quality deterioration that are unsafe for the operation and provide announcement of information of continuity or suspension of operation of expired works under the management of the Ministry of Construction.

10. Preside over and cooperate with relevant Ministries, ministerial-level agencies and local governments in conducting nationwide inspections of the compliance with the legislation on construction maintenance.

11. Conduct quality assessment on construction works prescribed in Clause 1 Article 51 of this Decree on request or when a work is discover having quality unconformable with the requirement of the engineering plan that potentially unsafe in force-bearing.

12. Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 1 Article 51 of this Decree.

13. Take the prime responsibility for considering presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.

14. Annually and irregularly (at the request) collect and report to the Prime Minister the situation of the quality and the quality control of construction works nationwide.

15. Handle the violations against the regulations on construction work quality control according to the regulation.

16. Perform other management contents in accordance with the legislation related to construction work quality control.

Article 53. Responsibility of other Ministries and regulatory bodies for construction quality control

1. Responsibilities of Ministries managing specialized construction works in construction work quality control are as follows:

Provide guidance on the implementation of the legal documents on construction work quality control, applicable to specialized construction works;

b) Conduct periodic inspections and irregular inspections over the quality control done by subjects involving the construction and over the quality of specialized construction works under the management of Ministries when necessary or at the request of the Ministry of Construction;

c) Report to the Ministry of Construction the plan and the result of the inspections over the quality control and the quality of construction work under the management of Ministries;

d) Comply with the regulations in Clauses 5 to 9 Article 52 of this Decree, applicable to the specialized construction works under the management of Ministries;

dd) Preside over and cooperate with the Ministry of Construction and relevant local governments in conducting nationawide inspections of the compliance with the legislation on construction maintenance;

e) Conduct quality assessment on construction works prescribed in Clause 2 Article 51 of this Decree on request or when a work is discover having quality unconformable with the requirement of the engineering plan that potentially unsafe in force-bearing;

g) Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 2 Article 51 of this Decree;

h) Cooperate with the Ministry of Construction in presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.

2. The Ministry of National Defense and the Ministry of Public Security take responsibility of construction work quality control as follows:

a) Provide guidance on the implementation of the legislative documents on quality control over the works for National defense and security;

b) Conduct periodic inspections and irregular inspections over the quality controls done by subjects involving the construction and over the quality of construction works for National defense and security under the management of the .Ministry of National Defense and the Ministry of Public Security;

c) Comply with the regulations in Clauses 5 to 9 Article 52 if this Decree applicable to works for National defense and security;

d) Conduct inspections over the compliance with the legislation on construction maintenance applicable to works for National defense and security;

dd) Conduct quality assessment on construction works prescribed in Clause 3 Article 51 of this Decree on request or when a work is discover having quality unconformable with the the requirement of the engineering plan that potentially unsafe in force-bearing;

e) Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 3 Article 51 of this Decree.

3. The Ministries managing specialized construction works and other Ministries and regulatory bodies shall collect and make a report to the Ministry of Construction on the situation of construction quality and construction work quality control activities under their management. The report shall be submitted annually on not later than December 12 of each year or submitted irregularly on request.

Article 54. Responsibilities of People’s Committees of provinces for construction quality control

1. Assign and delegate the responsibilities of State management on construction work quality control to Services managing specialized construction works and People’s Committees of districts;

On the basis of the local conditions, People's Committees of provinces may authorize the management board of industrial zones, economic zones and/or hi-tech zones to perform the state management of construction work quality control, applicable to the construction works within the administrative division.

2. Provide guidance on the implementation of the legislative documents on construction work quality control in local area.

3. Conduct inspections over the compliance with this Decree of the organizations/individuals involving the construction in local area.

4. Provide guidance on determining organization/individual responsible for maintaining the construction works according to type of works, capital sources for maintenance and form of ownership.

5. Conduct inspections over the construction maintenance and assessment of the safety of works according to the regulation.

6. Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works in local area that are specified in Clause 4 Article 51 of this Decree.

7. Conduct quality assessment on request, applicable to the construction works in local area that is specified in Clause 4 Article 51 of this Decree.

8. Cooperate with the Ministry of Construction in presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.

9. Collect and make a report to the Ministry of Construction on the situation of construction quality and construction work quality control activities in local area. The report shall be submitted annually on not later than December 12 of each year or submitted irregularly on request.

Article 55. Responsibilities of specialized agencies assisting People’s Committees of provinces in construction work quality control

1. Services of Construction are the focal points assisting the People’s Committees of provinces in unifying the State management on construction quality in the area with responsibilities as follows:

a) Request the Presidents of the People’s Committees of provinces to promulgate the guiding documents on the implementation of legislative documents about construction work quality control in local area;

b) Guide the People’s Committees of districts and organizations/individuals involving the construction activities in the implementation of the legislation on construction work quality control;

c) Conduct periodic inspections and irregular inspections over the quality control by the subjects involving the construction and over the quality of construction works in local area;

d) Preside over and cooperate with the Services managing specialized construction works in inspecting the compliance with the regulations on specialized construction work quality control;

dd) Conduct appraisal of construction engineering plan for specialized works under the management of Services of Construction according to the regulations in the Decree on construction investment project management;

e) Conduct inspections over the acceptance for construction works specified in Article 32 of this Decree, applicable to specialized construction works under the management of Services of Construction;

g) Conduct inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works, applicable to construction works under the management of Services of Construction;

h) Assist the People's Committees of provinces to conduct inspections of the construction works on request or inspections of construction work incident causes according to the regulation in Article 49 of this Decree; supervise, collect and report to People's Committees of provinces about the incident situations in local area;

i) Provide guidance on registration of the information of the capacity of construction of organizations and individuals nationwide and post such information on Services of Construction’s website according to the regulation;

k) Report regularly or irregularly to the People's Committees of provinces the compliance with the regulations on construction work quality control and the quality conditions of construction works in local area;

l) Assist the People's Committees of provinces to collect and report regularly or irregularly to the Ministry of Construction the quality condition of construction works in local area; report the list of contractors committing violations against the regulations on construction work quality control when performing construction activities in local area.

2. Responsibilities of Services managing specialized construction works:

a) Preside over and cooperate with Services of Construction in conducting periodic inspections and irregular inspections over the quality control by the subjects involving the construction of specialized works and over the quality of specialized construction works in local area;

b) Comply with the regulations in Points dd and e Clause 1 of this Article, applicable to the specialized construction works under the management of Services managing specialized construction works;

c) Cooperate with Services of Construction in conducting inspections over specialized construction works on requests and inspections of incident causes to specialized construction works; collect and annually or irregularly report to People's Committees of provinces and Services of Construction the situation of specialized construction control in local area.

3. Responsibilities of construction management divisions affiliated to People’s Committees of districts:

a) Guide the People’s Committees of districts and organizations/individuals involving the construction activities in the implementation of the regulation in legislative documents on construction work quality control;

b) Conduct regularly or irregularly inspections over the compliance with the regulations on construction work quality control, applicable to the construction works for which such divisions are decision makers and grant construction permits in the area;

c) Cooperate with Services of Construction and Services managing specialized construction works in conducting inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works;

d) Cooperate with the Service of Construction and Services managing specialized construction works in conducting inspections of the construction works in local area on request;

dd) Comply with the regulations in the regulations in Points dd and e Clause 1 of this Article within competence;

e) Make reports about the incidents and handle such incidents according to the provisions of this Decree;

g) Collect and report regularly or irregularly to the People's Committees of provinces the compliance with the regulations on construction work quality control and the quality conditions of construction works in local area.

4. Within the authority authorized by the People's Committees of provinces, the management board of industrial zones, economic zones and hi-tech zones may perform the state management of construction work quality control, applicable to the construction works within the administrative division.

Chapter VIII

IMPLEMENTARY CLAUSE

Article 56. Transition

The acceptance for construction works that are started before the effective date of this Decree shall continue complying with the provisions of the Decree No. 15/2013/NĐ-CP dated February 06, 2013 by the Government. The inspection over the acceptance for construction works that are started after the effective date of this Decree shall comply with the provisions of this Decree.

Article 57. Organization of implementation

1. This Decree comes into effect from July 01, 2015 and replaces the Decree No. 114/2010/NĐ-CP dated December 06, 2010 by the Government and the Decree No. 15/2013/NĐ-CP dated February 06, 2013 by the Government, except for the provisions relating to the inspection of engineering plan by the regulatory bodies in terms of construction.

2. The Minster, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, Heads of political organizations, socio-political organizations, socio-professional organizations and relevant organizations/individuals are responsible for implementing this Decree.

3. The Ministry of Construction shall preside over and cooperate with relevant Ministries and regulatory bodies in taking responsibilities for providing guidance and organizing the implementation of this Decree./.

 

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

APPENDIX I

CLASSIFICATION OF CONSTRUCTION WORKS
(Enclosed with the Decree No. 46/2015/NĐ-CP dated May 12, 2015 by the Government)

I. CIVIL CONSTRUCTION WORKS

1. Dwelling house: Apartment building and other type of tenements; detached dwelling houses.

2. Public works.

a) Construction works for education: Nursery, kindergarten, schools of all levels, university, college, junior college, vocational school, technical workers’ school, professional school and other kinds of schools;

b) Construction works for heath: Polyclinic, Specialized clinic hospital from central to local levels; regional polyclinic and specialized clinic hospital; medical station, maternity wards; sanitarium, house for rehabilitation and orthopedics, nursing house for old people, disease prevention facilities and others;

c) Construction works for sport: Stadium, gymnasium and other works for sport;

d) Construction works for culture: Conference center, theatre, recreation center, club, cinema, circus, discotheque; amusement and entertainment facilities; vestige works; museum, library, exhibition hall, showroom, outdoor statues and other buildings; banner, independent billboards;

dd) Religious works and spiritual works.

Religious works: Office of religious organization, pagoda, church, chapel, chancel, oratory, Buddhist sanctuary, school for professional religious activist, monument, stele, tower and oilier similar works of religious organizations;

Spiritual works: communal house, temple, worship place, shrine, ancestral worship hull of families and clans, and other similar works;

e) Works for commerce, service and offices: multifunction works, hotel, inn, rest house; office space of socio-professional organizations, public service providers and enterprises; shopping mall, supermarket; market; store, restaurant, cafeteria and other similar works; communication buildings: post office, building with communication equipment;

g) Terminal: airport, harbor, railway station; carport; human carrying rope;

h) State administrative agencies’ office: working houses of National Assembly, The Government, President, Offices of Ministries, Sectors, and People’s Committee of all levels; Offices for political organizations and socio-political organizations.

II. INDUSTRIAL WORKS

1. Works for building materials manufacturing: Cement plant; construction material mines and other construction material/product manufacturing works.

2. Metallurgy and mechanical engineering works: Non-ferrous metallurgical plant; ferrous metallurgical plant, steel laminating plant; mechanical plants for dynamic machines, machine tools of all types; Plants for industrial equipment and complete equipment; overhead lifting equipment manufacturing plant; construction equipment plant; plant for industrial equipment and complete equipment; vehicle assembly plants; electric-electronic manufacturing plant; auxiliary industry manufacturing plant.

3. Works for mining and mineral processing: underground coal mines; surface coal mines; construction for coal-sorting, washing and selecting; mineral processing plant; underground ore-mines; surface ore-mines; factory for ore-selecting and ore-enriching; natural bauxite mining; aluminium processing plant.

4. Works for Petroleum industry: marine exploration and exploitation derricks; petrochemical refineries; gas processing plant; bio-fuel processing plant; petrol and kerosene depots; liquefied gas depots; gas and petrol pipelines; liquefied gas extracting plant; lubricant manufacturing plant; waste oil recycling plant.

5. Works for energy industry: thermal power plant; heating plan; steam supplying plant; compressed air supplying plant; hydraulic-electric plant; nuclear power plant; wind power plant; solar power plant; geothermal-heat power plant; tidal power plant; waste-to-energy plant; biomass power plant; biogas power plant; cogeneration power plant; power grids and electrical substation.

6. Works for chemical industry:

a) Works for fertilizers production; works for pesticide production; works for petrochemical production; works for pharmaceutical chemistry production; works for production of basic chemical and others chemical products; works for production of chemical power; works for production of industrial gases; works for production of rubber products; works for production of cleaning products; works for production of paint and ink;

b) Works for production of industrial explosives; works for production of precursors of explosives.

7. Works for light industries:

a) Works for food industry: dairy factory; factory for bakery and instant noodles; freezing store; factory for edible oil and flavoring; factories for alcohol, beer, beverage; other processing factories;

b) Works for consumer product industry: fiber factory; textile mill; printing, dyeing factory; garment factory; leather-tanning and leather products factory; factory for plastic products; factory for porcelain ware and glassware; pulp and paper mills; tobacco factory and factories of other consumer products;

c) Works serving processing of agriculture and aquaculture products: agriculture and aquaculture product processing factory; rice husking factory; factories for processing of other agriculture and aquaculture products.

III. TECHNICAL INFRASTRUCTURE WORKS

1. Works serving water supply: waterworks, water treatment works; water pumping station; fresh water tank; water supply system.

2. Drainage works: rain sewer, main sewer; sewage sewer; detention basin; rainwater pumping station; sewage treatment plant; sewage pumping station; works for mud treatment.

3. Works for solid waste treatment:

a) Works for conventional solid wastes treatment: transfer station; waste dumping ground; complex treatment zone/treatment zone; solid waste treatment facility;

b) Works for hazardous waste treatment.

4. Public lighting works: lighting system, lamp post.

5. Other works:

a) Works for information, communication: radio and television broadcasting tower; telecommunication signal cable (fixed underground, put in cable culvert under the sea or the river, slings); construction works with concrete columns for hanging communication cables;

b) Cemetery, funeral parlor, cremation facility;

c) Parks;

d) Parking lot for automobiles and motorcycles: underground and ground parking lot;

dd) Technical culvert, trench and technical tunnel.

IV. TRANSPORT WORKS

1. Roadworks: highway of all kinds; motorway, road in rural areas; road in urban areas, ferry terminal.

2. Railway: high-speed rail, semi-high-speed rail; urban railway, elevated railway; metro; national railway; specialized railway and local railway.

3. Bridge: road bridge, pedestrian bridge (excluding rope-bridge); railway bridge; floating bridge; rope bridge.

4. Tunnel: Tunnel for cars, railway and pedestrian.

5. Inland waterway works: works serving repair/building of inland waterway vessels (pier, dock, slipway, etc.); inland wharves; ship lock, ship operating water (on river, lake, gulf and way to isle, canals).

6. Maritime works: seaport; works serving repair/building of inland waterway vessels (pier, dock, slipway, etc.) navigable channels (one-way train);  regulating works(dyke for protection from waves/sand, channeling dyke, bank protector).

7. Other marine works: ferries/harbor on island, specialized harbor, floating works; drift signal system on river/sea; lighthouse, beacon.

8. Aeronautical works: airport (including works serving air navigation).

V. AGRICULTURE AND RURAL DEVELOPMENT WORKS

1. Irrigation works: reservoir; dams; spillway flood relief works, sewer to take water, sewer to discharge water, canal, closed pipe for irrigation, hydraulic tunnel, pump station and other irrigation works; hydraulic tunnels; irrigation water pumping station and other irrigation works.

2. Dykes: river dyke, sea dyke; estuary dike and the works on, in and below the dyke.

3. Works serving breeding, cultivation, forestry, salt production, aquaculture and other agriculture and rural development works.

VI. NATIONAL DEFENSE AND SECURITY WORKS

Works for National defense and security are the works that are invested from state capital under the management of the Ministry of National Defense and the Ministry of Public Security, serving National defense and security activities. Works for National defense and security that are not included in the works specified in Section I to Section V of this Appendix are treated according to the regulations of the Ministry of National Defense and the Ministry of Public Security.

 

APPENDIX II

LIST OF WORKS/WORK ITEMS THAT EXERT IMPACTS ON COMMUNITY SAFETY
(Enclosed with the Decree No. 46/2015/NĐ-CP dated May 12, 2015 by the Government)

Code

Type

Grade

I

CIVIL CONSTRUCTION WORKS

 

I.1

Dwelling house

Apartment building, tenement, dorm, detached housing with 7 or more floors

 III or higher

I.2

Works for public

 

 

I.2.1

Works serving education

 

 III or higher

I.2.2

Works serving healthcare

 

 III or higher

I.2.3

Works for sport

Stadium (excluding sport ground), gymnasium

 III or higher

I.2.4

Cultural works

Conference center, theatre, house of culture, club, cinema, circus, discotheque

 III or higher

Museum, library, exhibition hall

 III or higher

Amusement and entertainment facilities and other cultural works crowded with people

 III or higher

I.2.5

Works for commerce, service and office spaces of socio-professional organizations, public service providers and enteprises

Multifunctional works, hotel,; office space of socio-professional organizations, public service providers and enterprises

 III or higher

Shopping mall, supermarket

 III or higher

Communication buildings: post office

 II or higher

Store, restaurant, cafeteria and other similar works

 II or higher

I.2.6

 

Passenger carrying telpher

Any grades

I.2.7

Terminal

Airport

Any grades

Harbor, railway station; carport

 III or higher

II

INDUSTRIAL CONSTRUCTION WORKS

II.1

Works for building materials manufacturing

 

 III or higher

II.2

Metallurgy and mechanical engineering works

 

 III or higher

II.3

Works for mining and mineral processing

 

 III or higher

II.4

Works for Petroleum industry

 

 III or higher

II.5

Works for energy industry

 

 III or higher

II.6

Works for chemical industry

 

 III or higher

II.7

Works for light industries

 

 III or higher

III

TECHNICAL INFRASTRUCTURE CONSTRUCTION WORK

III.1

Works serving water supply

 

 II or higher

III.2

Drainage works

 

 II or higher

III.3

Works for solid waste treatment

 

 II or higher

III.4

Works for information and communication

Telecommunication, radio and television broadcasting tower, BTS station

 III or higher

Telecommunication signal cable

 II or higher

III.5

Parking lot for automobiles and motorcycles

Underground parking lot

 II or higher

Ground parking lot

 II or higher

III.6

Cable culvert; trench and technical tunnel.

Technical tunnel

 II or higher

IV

TRANSPORT CONSTRUCTION WORKS

IV.1

Roadworks

Highway

Any grades

Motorway, road in rural areas

 I or higher

Ferries

 II or higher

Railway

 

Any grades

Bridge

Road bridge, floating bridge

 III or higher

Tunnel

Tunnel for cars, railway and pedestrian.

 III or higher

 

Metro

Any grades

IV.2

Inland waterway works

Inland wharves

 III or higher

Waterway with breadth (B) and height (H) to ship operating water (including marking buoy, regulating works)

 III or higher

IV.3

Marine works

 

 II or higher

IV.4

Aeronautical works

Airport (including works serving air navigation).

Any grades

V

AGRICULTURE AND RURAL DEVELOPMENT CONSTRUCTION WORKS

V.1

Irrigation works

Works serving water supply

 II or higher

Reservoir

 III or higher

Embankment

 III or higher

Dams and other pressure irrigation works

Any grades

V.2

Dykes

 

Any grades

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Thuộc tính Văn bản pháp luật 46/2015/ND-CP

Loại văn bảnNghị định
Số hiệu46/2015/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành12/05/2015
Ngày hiệu lực01/07/2015
Ngày công báo...
Số công báo
Lĩnh vựcXây dựng - Đô thị
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật4 năm trước

Download Văn bản pháp luật 46/2015/ND-CP

Lược đồ Decree No. 46/2015/ND-CP on quality control and maintenance of construction works


Văn bản sửa đổi, bổ sung

    Văn bản bị đính chính

      Văn bản được hướng dẫn

      Văn bản đính chính

        Văn bản hiện thời

        Decree No. 46/2015/ND-CP on quality control and maintenance of construction works
        Loại văn bảnNghị định
        Số hiệu46/2015/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýNguyễn Tấn Dũng
        Ngày ban hành12/05/2015
        Ngày hiệu lực01/07/2015
        Ngày công báo...
        Số công báo
        Lĩnh vựcXây dựng - Đô thị
        Tình trạng hiệu lựcCòn hiệu lực
        Cập nhật4 năm trước

        Văn bản thay thế

          Văn bản gốc Decree No. 46/2015/ND-CP on quality control and maintenance of construction works

          Lịch sử hiệu lực Decree No. 46/2015/ND-CP on quality control and maintenance of construction works

          • 12/05/2015

            Văn bản được ban hành

            Trạng thái: Chưa có hiệu lực

          • 01/07/2015

            Văn bản có hiệu lực

            Trạng thái: Có hiệu lực