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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 49/2008/ND-CP
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Hanoi, April 18,
2008
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No.
209/2004/ND-CP OF DECEMBER 16, 2004, ON QUALITY MANAGEMENT OF CONSTRUCTION
WORKS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Const motion Law;
At the proposal of the Minister of Construction,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Government's Decree No. 209/ 2004/ND-CP
of December 16, 2004. on quality management of construction works, as follows:
1. Article 5 is incorporated
into Article 4 and amended as follows:
"Article 4.- Classification
and grading of construction works
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b/ Industrial works;
c/ Transport works;
d/ Irrigation works;
e/ Technical infrastructure
works.
2. Construction works are graded
based on their types, importance and scales.
3. The Ministry of Construction
shall specify types and grades of construction works under technical
regulations on construction."
2. To amend Clause 3 of
Article 12 as follows:
"3. The take-over test of
construction survey results must be recorded in writing with the following
details:
a/ Objects of the take-over test
(names of survey jobs, steps of work construction design);
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c/ Time and location of the
take-over test;
d/ Bases for the take-over test;
e/ Assessment of construction
survey results against the approved survey tasks and plans;
f/ Take-over test conclusions
(acceptance or non-acceptance of construction surveys; requests to modify,
supplement or improve these surveys, and other recommendations, if any)."
3. To amend Clause 1 of
Article 16 as follows:
"1. An approved design
dossier must be tested before take-over by the investor. Take-over test results
must be recorded in writing with the following details:
a/ Objects of the take-over test
(names of the designed works or work items; design steps);
b/ Participants directly engaged
in the take-over test (investor, design contractor);
c/ Time and location of the
take-over test;
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e/ Assessment of the quality and
quantity of design dossiers against the set requirements;
f/ Take-over test conclusions
(acceptance or non-acceptance of design dossiers; requests to modify or
supplement these dossiers, and other recommendations, if any)."
4. To amend and supplement
Clause 2 of Article 17 as follows:
"2. If changes in technical
designs do not result in changes in basic designs, or changes in construction
drawing designs do not result in changes in previous-step designs, investors
may decide to approve changes in designs. Construction-supervising contractors
may sign and adjust in construction drawing designs the contents already
approved by investors and shall bear responsibility for their decisions."
5. To amend and supplement
Point d, Clause 2 of Article 24 as follows:
"d/ Take-over test before
allowing the performance of subsequent jobs. Take-over test results must be
recorded in writing with the following details:
- Objects of the take-over test
(names of jobs tested upon take-over);
- Participants directly engaged
in the take-over test;
- Time and location of the
take-over test;
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- Assessment of the quality of
the performed construction jobs;
- Take-over test conclusions
(acceptance or non-acceptance of the performed jobs; allowing the performance
of the subsequent construction job; requests to repair or improve the performed
jobs, and other requests, if any)."
6. To amend and supplement
Point d, Clause 2 of Article 25 as follows:
d/ Take-over test before
allowing the shift to another construction phase. Take-over test results must
be recorded in writing with the following details:
- Objects of the take-over test
(names of work items or construction phases tested upon take-over);
- Participants directly engaged
in the take-over test; time and location of the take-over test;
- Bases for the take-over test;
- Assessment of the quality of
the performed work items or construction phases;
- Take-over test conclusions
(acceptance or non-acceptance of the work items or construction phases;
allowing the performance of the subsequent construction phase; requests to
repair or improve the completed work items or work construction phases, and
other requests, if any)."
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"f/ Take-over test before
putting works to operation and use. Take-over test results must be recorded in
writing with the following details:
- Objects of the take-over test
(names of work items or works tested upon take-over);
- Location of construction;
- Participants in the take-over
test;
- Time and location of the
take-over test;
- Bases for the take-over test;
- Assessment of the quality of
construction work items or construction works;
- Take-over test conclusions
(acceptance or non-acceptance of the completed construction work items or
construction works for putting them into use; requests to repair, improve or
supplement those works items or works, and other opinions, if any).
8. To amend Article 28 as
follows:
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1. Construction work items or
construction works in which incidents, once occurring, are likely to cause
disaster, are subject to inspection and certification of ability to ensure
force-bearing safety before being put into use.
2. Certification of quality
conformity of construction works is made upon request of competent state
management agencies or at the proposal of investors based on requests of
insurers of the works or organizations or individuals that purchase, manage or
use the works. Certification of quality conformity of construction works is
encouraged.
3. The Ministry of Construction
shall guide the inspection and certification of ability to ensure force-bearing
safety and the certification of quality conformity of construction works.
4. Inspection and certification
of other safety conditions must comply with relevant legal documents."
Article 2.- To annul
Appendices No. 2, 3, 4a. 4b, 5a, 5b, 6 and 7 on forms of take-over test records
on survey, design and construction attached to the Government's Decree No.
209/2004/ND-CP of December 16, 2004, on quality management of construction
works.
Article 3.- Transitional
handling
1. Within one year after this
Decree takes effect, the Ministry of Construction shall promulgate specific
regulations on types and grades of works under technical regulations on
construction. Pending the promulgation of these regulations, methods of
classifying and grading works specified in Appendix No. 1 to the Government's
Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of
construction works, may still be applied.
2. After this Decree takes
effect, investors may issue by themselves new forms of take-over test records
or use forms of take-over test records specified in construction and take-over
test standards or in other legal documents, which, however, must have all the
details specified in Clauses 2, 3, 5, 6 and 7, Article 1 of this Decree.
Article 4.-
Implementation provisions
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Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal People's Committees, chairmen of management boards of
state enterprises, and concerned organizations shall implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung