Công văn 2814/BXD-GD

To: People’s Committee of provinces and centrally-affiliated cities

On February, 2013, the Government issued Decree No. 15/2013/ND-CP on quality management of construction works (Decree No.15/2013/ND-CP) effective on April 15, 2013. The Ministry of Construction has issued the Circular No. 10/2013/TT-BXD dated July 25, 2013 detailing a number of contents on quality management of works construction (Circular No. 10/2013/TT-BXD) for implementation guidance;

To date, the localities are implementing the regulations on inspection of acceptance of works to put them into use, summarize and report on the quality and quality management of construction works before December 15 annually as stipulated in Decree No. 15/2013/ND-CP and Circular No. 10/2013/TT-BXD Through the reflection of a number of constructional professional organs at localities and inspection of the Ministry of Construction showing that the implementation of the above provisions in some localities is still confusing and inconsistent. To effectively implement these regulations, the Ministry of Construction requests the Committees of provinces and centrally-affilated cities perform the following tasks:

1. Implementing the acceptance of works to put them into use:

1.1. Assigning the Service of Construction and the Service of specialized management of construction works to review all works under construction performance in the area, make list of works in the area subject to inspection as stipulated in Clause 1, 2, 3 and 4, Article 5 of Circular No. 10/2013/TT-BXD and send it to the Ministry of Construction and Ministry of specialized management of construction works;

1.2. Assigning the Service of Construction and the Service of specialized management of construction works to inspect the works subject to inspection as stipulated in Clause 6, Article 25 of Circular No. 10/2013/TT-BXD; based on the actual construction at localities, considering the decentralized inspection for a number of works of grade III and IV under the responsibility for inspection of the Service of Construction and the Service of specialized management of construction works to the district-level People’s Committees, the management Board of urban areas and industrial parks for implementation;

1.3. For the works with foreign direct investment (FDI), the Service of Construction and the Service of specialized management of construction works, the district-level People’s Committees, the management Board of urban areas and industrial parks shall guide the investors though the inspection of acceptance and seriously require the investors to comply with the regulations of law on management of investment and construction of works and quality management of construction works;

1.4. Direct the Services of Construction to inspect the acceptance of works to put them into use in the order and contents of inspection of acceptance for the civil and industrial works, the production of building materials and technical infrastructure works under the guidance in Section 2 of this document. For other specialized works (transportation, agriculture and rural development ...), the Services of specialized management of construction works shall make reference or addition consistently with the specialized works managed by themselves for implementation. For individual house and a number of small-scale works, there shall be separate guidelines on the basis of simplifying the contents of works completion dossier;

2. Inspecting acceptance of works under guidance and putting them into use

(Applicable to the civil and industrial works, the production of building materials and technical infrastructure works)

2.1. Order of inspection: The order to inspect the acceptance of works to put them into use of constructional professional organs is done as follows:

a) Inspection during the construction:

- The constructional professional organs shall actively review the works subject to the inspection and require the investor to send report as stipulated in Clause 1, Article 24 of Circular No. 10/2013/TT-BXD (see the form of report in Appendix 1a attached to this dispatch);

- Notifying the investor of the plan and contents of inspection in a number of critical stages of construction switching (see the sample of notice in Appendix 1b attached to this document).

- Performing the inspection and notifying the result of inspection to the investor (see the sample of notice in Appendix 1c attached to this document).

b) Final inspection of works:

- Notifying the investor of the plan and contents of final inspection of works after receiving the investor’s report on completion of construction works as stipulated in Clause 3, Article 24 of Circular No. 10/2013/TT-BXD (see the sample of notice in Appendix 1d attached to this document).

- Performing the inspection and making a record of inspection and notifying the investor of the result of acceptance of works and putting them into use (form of notice in Appendix 4 of Circular No. 10/2013/TT-BXD).

c) For the works of grade I or higher, the professional organs of the Ministry of Construction shall coordinate with the Service of Construction to perform the acceptance of works and putting them into use;

2.2. Contents and method of inspection:

a) Inspecting the condition of parts of works visually and inspectiong and comparing the monitoring and measuring data compared with the requirements of design;

b) Inspecting the compliance of regulations of law on construction and assessing the consistency as required by design and based on the completion of the construction dossier (see Appendix 2 attached to this document).

c) In case of necessity, the constructional professional organs have the right to require the investor to sign contract with the non-business units or organizations and individuals having appropriate capacity to take part in the inspection of dossier and assess the consistency as required by design;

d) If inspecting the dossier and finding that the testing organization is not qualified as prescribed, the data of testing result is not reliable; inspecting the condition visually, the monitoring and measuring data shows that the works, works items and parts of works do not ensure the quality as required by design (tilting, subsidence, cracking, permeability ...exceeding the permissible limit), the constructional professional organs shall require the investor to carry out the control testing, quality inspection and testing of bearing capacity of the works structure;

2.3. Cost of inspection: the costs of inspection of acceptance of works to put them into use are estimated and calculated in the total works construction investment, including:

a) The costs of constructional professional organs include: (travel expenses, accommodation allowance, ...) are calculated under the provisions of Circular No. 97/2010/TT-BTC dated July 06, 2010 of the Ministry of Finance;

b) The costs of hiring the consultation organizations and individuals in the implementation of inspection are stipulated at Point 3.5, Clause 3, Article 4 of Circular No. 04/2010/TT-BXD dated May 25, 2010 of the Ministry of Construction; the value based on the amount of work performed is calculated under the provisions in the Appendix guiding the estimation of consultation costs attached to the Decision No. 957/QĐ-BXD dated September 29, 2009 of the Minister of Construction;

The constructional professional organs shall make the estimate for the costs of inspection of acceptance of works and send it to the investor for approval;

2.4. Notification of inspection result:

At the end of each time of inspection, the constructional professional organs shall notify the result of inspection, specifying the existing problems (if any) to the investor for remedy;

On the basis of result of final inspection of works, if the condition of works and dossier of works completion meets the requirement of design and regulation of law and ensures the conditions for operation and use of works, the constructional professional organs shall notify the approval to the investor performing the acceptanc of works and put them into use;

Where the works have the signs of unsafe operation and use (safety of load bearing, fire prevention and fighting, environment and other safeties as prescribed by relevant laws) as well as seriously violate regulations of law on investment and construction of works, the constructional professional organs shall not approve of investor’s acceptance of works to put them into use. The acceptance of works to put them into use is done only when the parties concerned remedy and settle the problems and violation above mentioned;

3. Summary and report of quality and quality management of construction works

3.1. The summary and report of quality and quality management of construction works shall be done under the form of report specified in Appendix 6 of Circular No. 10/2013/TT-BXD and ensure the time limit for submission of report to the Ministry of Construction before December 15 annually for summary and report to the Prime Minister;

3.2. The classification of works quality under the average, fair and good levels is specified at Point c, Clause 2, Section III, Appendix 6 and 7 of Circular No. 10/2013/TT-BXD:

a) Immediately in 2013, it is applicable to the following works:

- The works that the investor or construction contractor has registered to attend the awards for the quality of construction specified in Circular 12/2013/TT-BXD dated July 31, 2013 of the Ministry of Construction issuing regulations on organization of awards for the quality of construction works.

- The works whose quality is designated for classification by the constructional professional organs under the average, fair and good levels through the inspection of acceptance after the effective date of Circular No. 10/2013/TT-BXD;

b) Method of classification: application of scoring under Circular No. 12/2013/TT-BXD the Ministry of Construction has reviewed and compiled the Criteria of classification in Appendix 3 attached to this document for reference and implementation;

3.3. Addition to the report on overview assessment on the quality and quality management of construction works at localities on the basis of comparison of data of reporting year of the preceding year;

People's Committees of provinces and centrally-affiliated cities shall review and perform the inspection of acceptance of works and report the quality and quality management of construction works as prescribed;

Appendix 1a

(Issued together with document No. 2814/BXD-GD dated December 30, 2013)

REPORT ON INFORMATION

WORKS/WORKS ITEMS

To : ………………. (1)………………………….

The investor of works/works items ……reports the information of works/works items as follows:

1. Name of works/works items :……………………………………

2. Construction site: ……………………………………………………..

3. Name and contact address of investor:………………………………….

4. Scale of works: (briefly specify the main technical parameters of works).

5. List of contractors (general contractor, main contractor: construction survey, design, performance and supervision).

6. Commencement date and completion date (expected)

Kindly request.…… (1) ....…..to conduct the inspection of works under the authority./.

____________

(1). The organ performing the inspection as stipulated in Article 25 of Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction and decentralization of provincial People’s Committee;

(2). Service of Construction in case where the works are inspected under regulations by the constructional professional organs of the Ministry of Construction or the works are inspected by the decentralization of provincial People’s Committee to district People’s Committee and the management Board of urban areas and industrial parks for the acceptance of works to put them into use;

Appendix 1b

(Issued together with document No. 2814/BXD-GD dated December 30, 2013)

INSPECTION PLAN DURING THE CONSTRUCTION OF WORKS

To: ....... (name of investor) ..............

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

Pursuant to Circular No. 10 /2013/TT-BXD dated July 25, 2013 of the Ministr dated July 25, 2013 of the Ministry of Construction;

Based on the report on information about works/works items in the document No….dated…;

……… (1) ……….shall notify the inspection plan during the construction of works as follows:

1. Name of inspection stage

2. Time of inspection

3. Participants of inspection (name and position of individuals performing the inspection and organizations and individuals involved in inspection (if any));

4. Contents and dossier and documents of inspection (see Appendix 2 of document No. 2814/BXD-GD dated December 30, 2013);

5. Other opinions (if any);

Kindly request the investor to prepare dossier and documents and invite the units concerned to work with the inspection team of ……… (1) ………./.

____________

(1). The organ performing the inspection as stipulated in Article 25 of Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction and decentralization of provincial People’s Committee;

(2). Service of Construction in case where the works are inspected under regulations by the constructional professional organs of the Ministry of Construction or the works are inspected by the decentralization of provincial People’s Committee to district People’s Committee and the management Board of urban areas and industrial parks for the acceptance of works to put them into use;

Appendix 1c

(Issued together with document No. 2814/BXD-GD dated December 30, 2013)

RESULT OF INSPECTION DURING THE WORKS CONSTRUCTION

To: .......…(name of investor)...............

Pursuant to Decree No. 15/2013/ND-CP dated February 02, 2013 of the Government on management of quality management of construction works; Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction;

Based on the report on information about works/works items in the document No….dated…;

Based on the inspection plan during the works construction of constructional professional organs in the document No…..dated;

Based on the inspection record during the construction at the site on date…..(if any);

……… (1) ……… notifies the result of inspection during the works construction as follows:

1. Name of inspection stage

2. Content of inspection

3. Comment on condition and quality of works/works item.

4. Comment on compliance with regulations of law through the contents inspected;

5. Other opinions (if any);

6. Subsequent inspection plan: (name of switching stage of works construction);

____________

(1). The organ performing the inspection as stipulated in Article 25 of Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction and decentralization of provincial People’s Committee;

(2). Service of Construction in case where the works are inspected under regulations by the constructional professional organs of the Ministry of Construction or the works are inspected by the decentralization of provincial People’s Committee to district People’s Committee and the management Board of urban areas and industrial parks for the acceptance of works to put them into use;

Appendix 1d

(Issued together with document No. 2814/BXD-GD dated December 30, 2013)

INSPECTION PLAN OF ACCEPTANCE OF WORKS TO PUT THEM INTO USE

To: .......…(name of investor)...............

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

Pursuant to Circular No. 10 /2013/TT-BXD dated July 25, 2013 of the Ministry of Construction;

Based on the report on completion of construction of works/works items in the document No…..dated…..;

……… (1) ………. Notifies the plan for inspection of acceptance of works to put them into use as follows:

1. Time of inspection.

2. Participants of inspection (name and position of individuals performing the inspection and organizations and individuals involved in inspection (if any));

3. Contents and dossier and documents of inspection (see Appendix 2 of document No. 2814/BXD-GD dated December 30, 2013);

4. Other opinions (if any);

Kindly request the investor to prepare dossier and documents and invite the units concerned to work with the inspection team of ……… (1) ………./.

____________

(1). The organ performing the inspection as stipulated in Article 25 of Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction and decentralization of provincial People’s Committee;

(2). Service of Construction in case where the works are inspected under regulations by the constructional professional organs of the Ministry of Construction or the works are inspected by the decentralization of provincial People’s Committee to district People’s Committee and the management Board of urban areas and industrial parks for the acceptance of works to put them into use;

APPENDIX 2

CONTENTS OF INSPECTION OF MAIN DOSSIERS
(Issued together with document No. 2814/BXD-GD dated December 30, 2013)

WORKS: .........................................................................................................

LOCATION: .................................................................................................................

INVESTOR: ..........................................................................................................

LIST OF AS-BUILT DRAWING

(Attached to dossier of construction and acceptance of works for stage…)

LIST OF ACCEPTANCE RECORDS OF CONSTRUCTION

(Attached to dossier of construction and acceptance of works for stage…)

LIST OF RAW MATERIAL CERTIFICATE

(Attached to dossier of construction and acceptance of works for stage…)

APPENDIX 3

TABLE OF CRITERIA OF QUALITY CLASSIFICATION OF WORKS
(Issued together with Document No. 2814/BXD-GD dated December 30, 2013 of the Ministry of Construction

Note:

1. The score in the table are the maximum score for each criterion.

2. Score to classify the quality of works:

a) From 50 to 69 points: Average

b) From 70 to 89 points: Fair

c) From 90 to 100 points: Good