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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No. 209/2004/ND-CP
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Hanoi, December 16th,
2004
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DECREE
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 Construction Law;
At the proposal of the Construction Minister;
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1: Scope
and subjects of application
This Decree guides the implementation of the
Construction Law regarding the quality management of construction works;
applies to investors, contractors, organizations and individuals involved in
the survey, designing, construction, warranty and maintenance, management and
use of construction works in the Vietnamese territory.
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1. The system of Vietnamese construction
standards consists of construction rules and consists of construction rules and
construction standards.
2. Construction rules serve as the basis for
the management of construction activities and the promulgation of construction
standards.
3. The Construction Ministry shall promulgate
construction rules as well as construction standards for civil construction
works including public works and dwelling houses, industrial works and
technical infrastructures defined in Clause 5, Article 4 of this Decree.
The ministries that manage specialized
construction works shall base themselves on the construction rules to
pr9omulgate construction standards for specialized works falling under their
respective management.
4. Vietnamese construction standards in the
following domains must be compulsorily applied:
a. Construction climatic conditions;
b. Hydrogeological, hydrometeorological
conditions;
c. Earthquake zoning;
d. Fire and explosion prevention and
fighting;
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f. Labor safety.
In cases of Points d, e and f of this Clause
where Vietnamese standards are unavailable or insufficient, it is permitted to
apply foreign standard after they are approved in writing by the
branch-managing ministries.
5. The Construction Ministry shall prescribe
the application of foreign standards on the Vietnamese territory.
Article 3: Supervision
by people of the quality of construction works.
1. Investors must put up signboards in
easy-to-see and easy-to-read positions in construction sits, which have the
contents prescribed in Article 74 of the Construction Law in order to
facilitate the supervision by people.
2. Organization and individuals, when
detecting acts of violation related to the quality of construction works, must
promptly report them to investors, Peoples Committees of communes, wards or
townships where construction works are situated or to competent State
management agencies in charge of construction.
3. Recipients of information reported by
people shall have to promptly examine and process such information and reply in
writing within 15 working days after the date of receiving such information.
Chapter II
CLASSIFICATION
AND GRADING OF CONSTRUCTION WORKS
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Construction works are classified as follows:
1. Civil works:
a. Dwelling house, including apartment
building and separate houses;
b. Public works, including cultural works;
educational works, medical works; trading and service works; office buildings;
hotels, guest houses; houses in service of traffic; houses in service of
communication, towers for radio and television wave reception and broadcasting;
railway stations, bus terminals; sport facilities of all kinds.
2. Industrial works, including coal-mining,
ore-mining works; oil and gas-exploitation works; chemical, petrochemical
works; petrol, oil and liquefied gas deports and gas and oil distribution
pipelines; metallurgical works; mechanical and engineering works; electronics-informatics
industrial works; energy works; light industrial works; food industrial works;
construction material industrial works; industrial explosive manufacturing
works and depots.
3. Traffic works, including road works;
railway works; waterway works; bridges; tunnels; airfields.
4. Irrigation works, including: reservoirs;
dams; culverts; pumping stations; wells; water pipelines; canals; assorted
canal works and embankments
5. Technical infrastructure works, including
water supply, water drainage works; waster-water treatment plants; waste
treatment works; garbage storing and dumping grounds; garbage treatment plants;
urban lighting works.
Article 5: Grading
of construction works
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2. When the grade of a construction work is
prescribed according to many different criteria, it shall be determined
according to the highest grades criteria.
Chapter III
QUALITY
MANAGEMENT OF CONSTRUCTION SURVEYS
Article 6: Construction
surveying tasks
1. Construction surveying tasks shall be
elaborated by designing consultancy organizations or construction surveying
contractors and approved by investors.
2. Construction surveying tasks must be
suitable to the requirements of each type of surveying job and each designing
step, and cover the following contents:
a. Surveying purposes;
b. Surveying scope;
c. Surveying methods;
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e. Applied survey standards;
Article 7: Construction
survey technical plans
1. Construction survey technical plans shall
be elaborated by construction survey contractors and approved by investors.
2. Construction survey technical plans must
satisfy the following requirements:
a. Being suitable to the construction
surveying tasks approved by investors;
b. Complying with the applied construction
survey standards.
Article 8: Contents
of construction survey result reports
1. The contents of a construction survey
result report:
a. Major contents of the construction
surveying task;
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c. Position and natural conditions of the
construction survey area;
d. Applied construction survey standards;
e. Surveying volume;
f. Surveying process, methods and equipment;
g. Data analysis, survey result evaluation;
h. Proposed technical solutions in service of
the designing and construction of the works;
i. Conclusions and recommendations;
j. Reference materials;
k. Enclosed appendices.
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3. Construction surveying contractors must be
responsible to investors and law for the truthfulness and accuracy of the
survey results; compensate for damage caused by their improper performance of
surveying tasks, for the increased volumes due to wrong surveys; for damage
caused by the use of irrelevant information, materials, regulations and
standards on construction surveys, and other acts of violation.
Article 9: Supplementation
of construction surveying tasks
1. Construction surveying tasks may be
supplemented in the following cases:
a. In the course of conducting construction
surveys, construction surveying contractors detect unusual factors that
directly affect design solutions;
b. In the course of designing, designing
contractors detect that survey documents fail to meet the design requirements;
c. In the course of construction,
construction contractors detect unusual factors compared to the survey
documents, which directly affect design solutions and construction measures.
2. Investors shall have to consider and
decide on the supplementation of surveying contents in the cases defined in
clause 1 of this Article at the proposals of designing, construction surveying
and/or construction contractors and take responsibility before law for their
decisions.
Article 10: Responsibilities of construction surveying contractors for
protection of the environment and construction works in the survey areas
In the course of conducting field surveys,
construction surveying contractors shall have the responsibilities:
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2. To fell trees or crops only when it is so
permitted by the organizations of individuals that manage or own such trees or
crops;
3. To restore the construction survey sites
back to their original conditions;
4. To protect technical infrastructures and
other construction works in the survey places or sites. If causing damage to
such works, to pay compensation therefore.
Article 11: Supervision of construction surveys
1. Responsibilities for supervising
construction surveys:
a. Construction surveying contractors must
have a section specialized in self-supervising construction surveys;
b. Investors shall supervise construction
surveys on a regular and systematic basis, from commencement till completion of
surveys. If not fully capable, investors must hire consultants to supervise
construction surveys.
2. Contents of self-supervision of
construction surveys by construction surveying contractors:
a. Monitoring and checking the compliance
with the construction survey technical plans already approved by investors;
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3. Contents of supervision of construction
surveys by investors:
a. Examining the construction activity
capability conditions of construction surveying contractors against the bid
document sin terms of manpower, equipment and machinery in service of the
surveys, laboratories to be used by construction surveying contractors;
b. Monitoring and examining the survey sits,
surveying volumes and the observance of the surveying process according to the
approved technical plans. Monitoring and supervising results must be recorded
in construction survey diaries;
c. Monitoring and requesting construction
surveying contractors to protect the environment and construction works in the
survey sites according to the provisions of Article 10 of this Decree.
Article 12: Checking and acceptance of construction survey results
1. Grounds for checking and acceptance of
construction survey results:
a. Construction surveying contracts;
b. Construction surveying tasks and technical
plans already approved by investors;
c. Applied construction survey standards;
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2. Checking and acceptance contents:
a. Assessing the quality of the surveys
against the construction surveying tasks and the applied construction survey
standards;
b. Checking the construction survey result
reports in terms of their presentation and number;
c. Checking and accepting the construction
surveying volumes already performed under the signed construction surveying
contracts. Where the construction survey results are obtained in accordance
with the surveying contracts and applied construction standards but fail to
satisfy the investment objectives set by the investors, the investors must
still pay for the volumes already checked and accepted in accordance with the
contracts.
3. The results of checking and accepting the
construction survey result reports must be recorded in writing according to the
form prescribed in Appendix 2 to this Decree (not printed herein). Investors
shall be accountable before law for he checking and accepting of the
construction survey result reports.
Chapter IV
QUALITY
MANAGEMENT OF WORK CONSTRUCTION DESIGNS
Article 13: Technical designs
1. Grounds for creation of technical designs:
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b. Reports on the construction survey results
at the basic designing step, additional construction survey data and other
conditions at the construction sites in service of the technical designing
step;
c. Applied construction rules and standards;
d. Other requirements of the investors.
2. Technical design dossiers must accord with
basic designs and approved construction investment projects, each consisting
of:
a. The written explanation, covering the
contents defined in the Governments Decree on management of construction
investment projects, reconsidering and clarifying the selected plan on
production techniques, technological chains and equipment, comparing economic
and technical criteria, checking figures used as the designing basis; technical
indications; explicating the contents not yet demonstrated in the design drawings
and other contents requested by the investors.
b. Drawing, which must demonstrate in detail
major dimensions and technical parameters as well as main materials, ensuring
sufficient conditions for the making of cost estimates, total cost estimates and
the creation of work construction drawing designs;
c. Cost estimates, total cost estimates for
the construction of works.
Article 14: Construction drawing designs
1. Grounds for creation of construction
drawing designs:
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b. Applied construction standards and
technical indications;
c. Other requirements of the investors.
2. A construction drawing design dossier
consists of:
a. The written explanation, which must fully
explain the contents not yet demonstrated in the drawings so that builders can
correctly follow the designs;
b. Drawings, which must demonstrate in detail
all parts of the works, their structures with full dimensions, materials and
technical parameters to ensure the precise construction and sufficient
conditions for the making of construction cost estimates;
c. Construction cost estimates.
Article 15: Requirements on the specifications of construction design
dossiers
1. Construction design drawing must have
sizes, scales and title frames and the demonstrated according to construction
standards. In the title frame of each drawing three must be the names and
signatures of the designers, design employers, design managers,
representatives-at-law of the designing contractors and the stamps of the
construction designing contractors, except fro cases where designing
contractors are independent practitioners.
2. Written explanations, design drawings and
cost estimates must be bound into design dossier files according to a uniform
format, containing document lists, serial numbers and symbols for reference,
and be preserved for a long time.
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1. Design products, before being put to
construction, must be check, accepted and certified by investors. Investors
must be responsible for design drawings handled to construction contractors.
Reports on the checking and acceptance of construction design dossiers shall be
made according to the form prescribed in Appendix 3 to this Decree (not printed
herein).
2. Grounds for checking and acceptance of
construction design dossiers:
a. Construction designing contracts;
b. Approved designing tasks, designing steps;
c. Applied construction rules and standards;
d. Construction design dossiers shall each
consist of the written explanation, design drawings, cost estimate or total
cost estimate
3. Contents of checking and acceptance
a. Assessing the design quality;
b. Checking the construction design dossiers
in terms of their form and quantity.
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5. Construction designing contractors shall
be accountable to investors and law for the quality of construction designs and
must compensate for damage caused by their use of irrelevant information,
documents, construction rules and standards, technical solutions, technologies,
thereby affecting the quality of construction works, and other acts of
violation.
Article 17: Change of construction designs
1. The approved construction designs may be
changed only in the following cases:
a. The construction investment project are
adjusted, thus requiring the change of the designs;
b. Irrationalities are detected in the course
of construction and if the designs are not changed, the quality of the works,
construction progress, construction methods and/or investment efficiency of the
projects will be affected.
2. Where the construction design drawings are
changed without causing any changes in the approved engineering designs or
basic designs, investors or their construction supervising contractors shall be
allowed to amend the designs. Those who amend the designs must sign their names
and be responsible for the amendment.
Chapter V
MANAGEMENT
OF CONSTRUCTION QUALITY
Article 18: Organization of construction quality management
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2. Construction contractors must have a
quality management system to perform the contents of construction quality
management as prescribed in Article 19 and Article 20 of this Decree.
3. Investors must organize the construction
supervision according to the contents prescribed in Article 21 of this Decree.
Where an investor has no fully qualified supervision consultancy organization,
it must hire a construction supervision consultant with sufficient construction
activity capability conditions to conduct such supervision. Investors shall
organize by themselves the checking and acceptance of construction works.
4. Construction designing contractors shall
conduct author supervision according to the provisions of Article 22 of this
Decree.
Article 19: Construction quality management by contractors
1. Contents of contractors construction
quality management:
a. Setting up a quality management system
suitable to the requirements, nature and size of construction works, defining
the responsibility of each individual builder or building section for managing
the quality of construction works;
b. Performing experiments to test
construction materials, structures, supplies, equipment and technological
equipment before construction and installation into construction works
according to design standards and requirements;
c. Planning and conducting the examination of
construction methods and progress;
d. Opening, and make entries in, construction
diaries according to regulations;
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f. Checking and accepting internally and
making construction completion drawings for completed construction parts,
construction items and works;
g. Reporting to investors on the construction
progress, quality and volumes, labor safety and environmental sanitation in the
construction sites at the investors requirements;
h. Preparing documents to serve as the basis
for checking and acceptance according to the provisions of Articles 24, 25 and
26 of this Decree and make written requests for checking and acceptance by
investors.
2. Construction contractors must be
accountable to investors and law for the quality of jobs they have done;
compensate for damage caused by their contract breaches, use for materials of
wrong types, poor-quality construction, for failures, environmental pollution
and damage caused by their other acts.
Article 20: Construction quality management by general contractors
1. General contractors shall manage the
construction quality according to the provisions of Clause 1, Article 19 of
this Decree.
2. General contractors shall supervise the
quality of construction performed by subcontractors according to the provisions
of Clause 1, Article 21 of this Decree.
3. General contractors must be accountable to
investors and law for the quality of jobs undertaken by them and done by
subcontractors; compensate for damage caused by their contract breaches, use of
materials of wrong types, poor-quality construction, for failures,
environmental pollution and damage caused by their other acts of violation.
4. Subcontractors shall be accountable to
general contractors for the quality of jobs they have done.
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1. Contents of construction quality
supervision by investors:
a. Checking the conditions for commencement
of construction of works according to the provisions of Article 72 of the
Construction Law;
b. Checking the relevance of the construction
contractors capabilities to the bid dossiers and construction contracts,
including:
- Checking the construction contractors
construction manpower and equipment brought into the construction sites;
- Checking the construction contractors
quality management system;
- Checking the permits for use of machinery,
equipment and supplies subject to safety requirement in service of
construction;
- Checking the construction contractors
laboratories and establishments manufacturing construction materials,
structures and products in service of the construction.
c. Checking and supervising the quality of
supplies, materials and equipment to be installed in the works, which are
supplied by the construction contractors according to the design requirements,
including:
- Checking the manufacturers quality
certificates, the testing results of standard-complying laboratories and the
results of equipment quality expertise conducted by organizations recognized by
competent State bodies with regard to construction materials, structures,
products and equipment to be installed in the works before they are put under
construction;
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d. Checking the construction methods applied
by the construction of works, including:
- Checking the construction methods applied
by the construction contractors;
- Checking and supervising on a regular and
systematic basis the process of performance of jobs by the construction
contractors at the construction sites. The checking results must be recorded in
the investors supervision diaries or checking reports according to regulations;
- Certifying construction completion
drawings;
- Checking and accepting construction works
according to the provisions of Article 23 of this Decree;
- Collecting and checking documents serving
the checking and acceptance of construction jobs, construction parts,
construction stages, the checking and acceptance of equipment, the checking and
acceptance of each completed construction item and the completed construction
work;
- Detecting design errors and irrationalities
and redress them or request the designing contractors to redress them;
- Re-expertising the quality of construction
parts, construction items and the whole construction works when doubting their
quality;
- Assuming the prime responsibility for, and
coordinating with the concerned parties in, settling problems arising in the
course of construction of works.
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a. In case of performance of general
construction contracts and general engineering, procurement and construction
(EPC) contracts:
- Performing the jobs defined at Point a,
Point b and Point c, Clause 1 of this Article with regard to general
contractors and subcontractors;
- Checking and supervising general
construction contractors according to Point d, Clause 1 of this Article;
- Joining general contractors in checking and
supervising the construction by subcontractors.
b. In case of performance of general turnkey
contract :
- Investors shall approve the progress of
construction of works and the time for checking and acceptance of completed
construction works;
- Before checking and accepting completed
works, investors shall receive documents and expertise the quality of
construction works if deeming it necessary for use as the basis for the
checking and acceptance.
3. Investors must notify decisions on the
tasks and powers of construction supervisors to construction contractors and
construction designing contractors for collaboration.
4. Investors shall have to compensate for
their contract breaches to construction contractors; be accountable before law
for poor-quality checking and acceptance, thereby distorting the checking and
acceptance results, for checking and acceptance of wrong volumes, volumes
performed at variance with designs, and other acts of violation. Upon detecting
construction quality-related wrong-doing committed by construction contractors,
investors must force the contractors to stop construction and ask them to
remedy consequences.
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Article 22: Author supervision by construction designing contractors
1. Construction designing contractors shall
appoint fully capable persons to conduct author supervision according to
regulations in the construction process.
2. When detecting construction performed at
variance with designs, persons conducting author supervision must record such
in the investors supervision diaries and request compliance with the designs.
In case of failure to redress the wrong construction, construction designing
contractors shall notify investors thereof in writing. Any design changes in
the construction process must comply with the provisions of Article 17 of this
Decree.
3. Construction designing contractors shall
have to participate in checking and accepting construction works when so
requested by investors. Through supervision, if detecting that construction
items or construction works are not qualified for acceptance, construction
designing contractors must inform investors thereof in writing, clearly stating
the reasons for non-acceptance.
Article 23: Organization of checking and acceptance of construction
works
1. Construction contractors must organize by
themselves the checking and acceptance of construction jobs, particularly
hidden jobs and parts; construction parts, construction items and whole works
before requesting the checking and acceptance by investors. For construction
jobs already checked and accepted but not yet promptly performed, they must be
re-checked before being performed. For construction jobs and stages which,
after being checked and accepted, are transferred to other contractors for
continued performance, they must be certified, checked and accepted by such
subsequent contractors.
2. Investors shall have to organize the
checking and acceptance of construction works immediately after receiving the
construction contractors written requests for checking and acceptance. The
checking and acceptance of construction works is phased out as follows:
a. Checking and acceptance of each
construction job in the course of construction;
b. Checking and acceptance of completed
construction parts or construction stages;
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3. Completed construction items and completed
construction works may be put to use only after they are checked and accepted
by investors.
4. When investors and/or contractors are
foreign persons, the checking and acceptance reports, and the construction
completion drawing of completed construction parts or works shall be made in
Vietnam and a foreign language selected by investors.
Article 24: Checking and acceptance of construction jobs
1. Grounds for checking and acceptance of
construction jobs:
a. Written checking and acceptance requests
of construction contracts;
b. Construction drawing design dossiers
approved by investors and approved design changes;
c. Applied construction rules ad standards;
d. Technical instruction manuals enclosed
with construction contracts;
e. Results of material and equipment quality
checks and test performed in the course of construction;
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g. Reports on the construction contractors
internal checking and acceptance of construction jobs.
2. Checking and acceptance contents and
order:
a. Checking the object subject to checking
and acceptance at the construction sites: construction jobs and equipment
statically installed at the sites;
b. Checking the results of tests and
measurements which the construction contractors must perform to determine the
quality and volumes of construction materials, structures and equipment to be
installed in the works;
c. Assessing the compliance of construction
jobs and equipment installation with the designs, construction standards and
technical instruction manuals;
d. Checking and accepting before allowing the
performance of subsequent jobs. The results of checking and acceptance of
construction jobs shall be recorded according to the forms prescribed in
Appendix 4a and Appendix 4b to this Decree (not printed herein). Persons
directly engaged in the checking and acceptance must sign and write their full
names in the checking and acceptance reports.
3. Participants in the checking and
acceptance:
a. Construction supervisors of investors or
construction supervisors of general contractors for general contracts;
b. Construction contractors persons in charge
of construction techniques.
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Article 25: Checking and acceptance of construction parts or
construction stages
1. Grounds for checking and acceptance of
construction parts or construction stages:
a. Documents stated at Point a, b, c, d, e
and f, Clause 1, Article 24 of this Decree and other experiment results;
b. Reports on the checking and acceptance of
jobs belonging to construction parts or construction stages to be checked and
accepted;
c. Construction completion drawing of
construction parts;
d. Reports on the checking and acceptance of
completed construction parts and construction stages, conducted internally by
construction contractors;
e. Preparatory work for deployment of
subsequent construction stages;
2. Contents and order of checking and acceptance:
a. Checking the objects subject to checking
and acceptance at the construction sites: construction parts, construction
stages, conducting trial single-action and multiple-action non-load operation;
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c. Checking the construction completion
drawings of construction parts;
d. Concluding on the compliance with the
approved construction designs and construction standards; allowing the shift to
another construction stage. The checking and acceptance results shall be
recorded in writing according to the forms prescribed in Appendices 5a, 5b and
5c to this Decree.
3. Participants in the checking and
acceptance:
a. Investors persons in charge of the
construction supervision sections or general contractors persons in charge of
the construction supervision sections in case of checking and accepting
construction parts or construction stages accepting construction parts or
construction stages performed by subcontractors.
b. Construction contractors persons in charge
of construction;
In case of general contracts, investors
persons in charge of the construction supervision section shall participate to
oversee the general contractors checking and acceptance of job done by subcontractors.
Article 26: Checking and acceptance of completed construction items or
construction works before they are put to use.
1. Grounds for checking and acceptance of
completed construction items or construction works before they are put to use:
a. Documents stated at Point a, b, c, d, e
and f, Clause 1, Article 24 of this Decree;
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c. Results of experiments, adjustment, and
multi-action load operation of the technological equipment system;
d. Construction completion drawings of
construction works;
e. Reports on the checking and acceptance of
completed construction items or construction works, conducted internally by
construction contractors;
f. Competent State bodies written approvals
regarding fire and
explosion prevention and fighting;
environmental safety and operation safety according to regulations.
2. Contents and order of checking and
acceptance of completed construction items or construction works:
a. Inspecting the sites;
b. Checking the construction completion
drawings of construction works;
c. Checking the results of trial operation of
the entire technological equipment and machine systems;
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e. Checking the operation procedures and
maintenance procedures of construction works;
f. Approving the checking and acceptance for
putting construction works to operation and sue. Checking and acceptance
reports must be made according to the forms prescribed in Appendix 6 and
Appendix 7 to this Decree.
3. Participants in the checking and
acceptance include:
a. On the investors side:
- The investors representatives-at-law and
persons in charge of the construction supervision sections;
- The construction supervising contractors
representative-at-law and persons in charge of the construction supervision
sections.
b. On the construction contractors side:
- Representatives-at-law;
- Persons in charge of field construction.
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- Representatives-at-law;
- Design managers;
Article 27: Construction completion drawings
1. Construction completion drawings are
drawings of completed construction parts or construction works, reflecting the
actual dimensions compared to the design dimensions, made on the basis of the
approved construction design drawings. All changes compared to the approved
designs must be reflected on the construction completion drawings.
Where the actual dimensions and parameters of
construction parts or construction works are the same as those of the
construction drawing designs, the design drawings in question shall be
construction completion drawings.
2. Construction contractors shall have to
make construction completion drawings of construction parts and construction
works. In such drawings there must be the full names and signatures of their
makers. Construction contractors representatives-at-law must sign and affix
stamps thereon. Construction completion drawings shall serve as the basis for
warranty and maintenance.
3. Construction completion drawings shall be
signed for certification by investors’ construction supervisors.
Article 28: Checking and certification of construction quality
compliance
1. For construction works where incidents,
once occurring, can cause disasters, they must be checked and certified in
terms of their quality compliance in order to ensure safety before they are put
to operation and use. These works include:
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b. Apartment buildings, office buildings,
multi-story hotels;
c. Chemical and petrochemical works, oil and
gas depots;
d. Big dykes, dams, bridges, tunnels;
2. Important works which must have their quality
checked and certified at the Prime Ministers requests.
3. It is encouraged to check and certify the
construction quality compliance of construction works not mentioned in Clause 1
and Clause 2 of this Article.
4. The Construction Ministry shall guide the
checking and certification of the quality compliance of construction works.
Chapter VI
WARRANTY
OF CONSTRUCTION WORKS
Article 29: Warranty of construction works
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a. Not shorter than 24 months, for all types
of works of special grade and grade I;
b. Not shorter than 12 months, for other
works.
2. Levels of warranty money for construction
works:
a. Construction contractors and equipment
supply contractors shall have to pay warranty money into investors contracts at
the following levels:
- 3% of the contractual value for
construction works or construction items specified at Point a, Clause 1 of this
Article;
- 5% of the contractual value for
construction works or construction items specified at Point b, Clause 1 of this
Article.
b. Construction contractors and equipment
supply contractors shall only be refunded the warranty money for construction
works after the expiration of the duration and after the obtaining the
investors certifications of the completion of the warranty work;
c. Warranty money for construction works and
their equipment shall enjoy interest agreed upon by the two involved parties,
construction contractors and investors may reach agreement on the substitution
of the warranty money for construction works with the banks letters of
underwriting of equivalent value.
Article 30: Responsibilities of involved parties for warranty for
construction works
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a. To check the conditions of construction
works, detect failures and request construction contracts and/or equipment
supply contractors to repair and replace. Where contractors fail to provide
proper warranty, investors, owners or use managers of construction works may
hire other contractors. Hiring costs shall be paid from the warranty money for
construction works;
b. To supervise, check and accept the remedy
and repair by construction contractors and equipment supply contractors;
c. To certify the completion of warranty for
construction works by construction contractors and equipment supply contractors.
2. Construction contractors and equipment
supply contractors shall have the responsibilities;
a. To organize the remedy of failures
immediately after receiving the requests of investors, owners or use managers
of construction works and bear all costs thereof;
b. To refuse to provide warranty for
construction works and their equipment in the following cases:
- Construction works and their equipment are
out of order not due to the contractors faults;
- Investors commit violations of construction
legislation and therefore are forced by competent State bodies to dismantle;
- Equipment or construction works are used at
variance with operation procedures.
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Chapter VII
MAINTENANCE
OF CONSTRUCTION WORKS
Article 31: Levels of maintenance of construction works
1. Construction works, after being checked,
accepted and put to use, must be maintained for long-term operation. The
maintenance of construction works shall be carried out at the following levels:
a. Maintenance level;
b. Minor repair level;
c. Medium repair level;
d. Major repair level.
2. The contents and methods of construction
work maintenance at different levels shall comply with maintenance procedures.
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1. The construction work maintenance duration
shall start from the date of checking, acceptance and putting of construction
works to use till the expiry of their useful life prescribed by construction
designing contractors.
2. Where construction works are already
beyond their useful life but still requested to be further used, competent
State management agencies must consider and decided to permit such use on the
basis of the expertise and assessment of the works quality conditions conducted
by fully capable consultancy organizations. Persons who issue decisions
permitting the use of construction works shall be responsible for their
decisions.
Article 33: Construction work maintenance procedures
1. For newly built construction works,
designing contractors, equipment manufacturers shall work out the maintenance
procedures suitable to the types and grades of such construction works. For
construction works being in use for which maintenance procedures are
unavailable, their owners or use managers must hire consultancy organizations
to expertise their quality and work out their maintenance procedures.
2. Construction design contractors shall work
out maintenance procedures for each type of construction work on the basic of
relevant technical standards for construction work maintenance.
Article 34: Responsibilities of owners or use managers of construction
works for construction work maintenance
Owners, use managers of construction works
shall have the following responsibilities for construction work maintenance:
1. To organize the maintenance of
construction works in accordance with construction work maintenance procedures.
2. To be accountable before law for the
degraded quality of construction works due to non-compliance with the
prescribed construction work maintenance procedures.
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INCIDENTS
OF CONSTRUCTION WORKS
Article 35: Contents of handling of incidents of construction works
1. Prompt incident reports:
a. Investors make reports on incident
occurring at the construction works under construction;
b. Owners or use managers make reports on
incidents occurring at construction works being in use, operation or
exploitation;
c. Construction work incident reports shall
be sent to the provincial-level Peoples Committees State management agencies in
charge of construction. Where incidents occur in construction works of grade I
or higher grades or incidents occur in construction works of all grades,
inflicting damage, construction work owners or use managers must also report
such incidents to the investment decision makers and the Construction Ministry.
Prompt incident reports shall be made
according to the form prescribed in Appendix 8 to this Decree (not printed
herein) within 24 hours after the incidents occur.
2. Clearance of incident scenes:
a. Before clearing the incident scenes,
construction work incident dossiers must be compiled;
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c. In cases where it is urgent to provide
medical emergency for victims and prevent incidents from causing subsequent
disasters, the responsible persons defined at Points a and b, Clause 1 of this
Article shall be permitted to dismantle or clear up the incident scenes, Before
doing so, investors or use mangers must take photos, shoot films or record
images, gather evidence, and take notes in service of later investigation of
the incidents.
3. Remedy of incidents:
a. The causes of incidents must be accurately
identified and thoroughly remedied;
b. Organizations or individuals causing
construction work incidents shall have to compensate for all damage and bear
all expenses for he remedy of incidents, and, depending on the seriousness of
their violations, may be handled according to law provisions;
c. Where construction work incidents occur
due to force majeure causes, investors or insures, for insured construction
works, shall have to bear expenses for the remedy of incidents.
Article 36: Construction work incident dossiers
1. When incidents occur at construction
works, investors, owners or use managers shall have to compile dossiers of such
construction work incidents.
Where it is necessary to investigate and
assess the seriousness and causes of incidents, if construction work investors
or use manager are incapable of doing so, they must hire construction
consultancy organizations which are fully capable according to regulations to
investigate, assess and identify the causes of incidents, clearly determine the
liability of persons causing construction work incidents.
2. A construction work incident dossier
consists of:
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b. Written description of the occurrence of
the incident;
c. Results of investigation, assessment,
determination of the seriousness and cause of the incident;
d. Documents on the design and construction
of the work, which are related to the incident.
Chapter IX
ORGANIZATION
OF IMPLEMENTATION
Article 37: State management responsibilities for the quality of
construction works
1. The Construction Ministry shall perform
the uniform State management over the quality of construction works nationwide.
The Ministries managing specialized construction works shall coordinate with
the Construction Ministry in managing the quality of specialized construction
works.
2. The provincial-level Peoples Committees
shall, according to their decentralized powers, have to perform State
management over the quality of construction works within the localities under
their respective management.
Article 38: Organization of implementation
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2. The Ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies, and
the presidents of the provincial-level Peoples Committees shall, within the
scope of their respective tasks and powers, have to organize the implementation
of this Decree.
3. The Construction Minister shall assume the
prime responsibilities for, and coordinate with the concerned ministries and
branches in, guiding the implementation of this Decree.
Article 39: Implementation effect
This Decree takes implementation effect 15
days after its publication in the Official Gazette. All regulations guiding the
management of the quality of construction works, which are contrary to this
Decree, are hereby annulled.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai
