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OF
THE MINISTRY OF CONSTNICTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
10/2008/QD-BXD
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Hanoi,
June 25, 2008
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DECISION
PROMULGATING
THE REGULATION ON CONTRACTORS CAPABILITY CONDITIONS FOR EXECUTING CONSTRUCTION
JOBS, WORKTTEMS OR WORKS SUBJECT TO SPECIAL REQUIREMENTS
THE MINISTER OF CONSTRUCTION
Pursuant to November 26, 2003
Construction Law No. 16/2003/QH11;
Pursuant to the Governments Decree No. 17/ 2008/ND-CP of February 4, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Constniction;
Pursuant to the Governments Decree No. 16/ 2005/ND-CP of February 7, 2005, on
the management of investment projects on the construction of works;
Pursuant to the Governments Decree No. 112/ 2006/ND-CP of September 29, 2006,
amending .and supplementing a number of anicles of the Governments Decree No.
16/2005/ND-CP of February 7, 2005, on the management of investment projects on the
construction of works;
At the proposal of the director of the Department for Management of
Construction Works,
DECIDES:
Article1. To promulgate
together with this Decision The Regulation on contractors capability conditions
for executing construction jobs, work items or works subject to special
requirements.
Article 2. This Decision
takes effect 15 days after its publication in "CONG B AO."
Article 3. Organizations
engaged in construction activities and concerned agencies, organizations and
individuals shall implement this Decision.
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FOR THE MINISTER
OF CONSTRUCTION
VICE MINISTER
Cao Lai Quang
REGULATION
ON
CONTRACTORS CAPABILITY CONDITIONS FOR EXECUTING CONSTRUCTION JOBS, WORK ITEMS
OR WORKS SUBJECT TO SPECIAL REQUIREMENTS
(Promulgated together with the Construction Ministers Decision No.
10/2008/QD-BXD of June 25, 2008)
Chapter 1
GENERAL PROVISIONS
Article 1. Purpose
This Regulation is promulgated
to provide for contractors capability conditions for executing construction jobs,
work items or works subject to special requirements in order to ensure
construction quality and safety for humans, works and adjacent works.
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This Regulation applies to
organizations and individuals involved in executing construction jobs, work
items or works subject to special requirements.
Article 3. Interpretation
of terms
In this Regulation, the terms
below are construed as follows:
1. Construction job, work item
or work subject to special requirements means a construction job, work item or
work involving complicated technical processes, which are likely to cause
unsafe mishaps in the course of execution, and requiring capable contractors to
execute in order to ensure construction quality and safety for humans, the work
and adjacent works.
2. Suitable discipline means a
professional discipline in which a person holding the title of the construction
sites chief commander, person in charge of technical matters or technician has
been trained, suitable to the construction job, work item or work subject to
special requirements under this Regulation, specifically:
a. For reinforcing foundations
with barrettes or bored piles: The construction or engineering geology
discipline is required.
b. For dismantling works: The
construction discipline is required.
c. For installing extra-long and
extra-heavy equipment: The mechanical engineering discipline is required.
d. For constructing works
basements: The construction discipline is required.
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f. For constructing tanks,
reservoirs or petrol, oil or gas pipelines: The construction or mechanical
engineering discipline is required.
g. For constructing civil or
industrial works: The civil and industrial construction discipline is required.
h. For constructing tower-shaped
works: The construction or mechanical engineering discipline is required.
i. For constructing bridges: The
bridge and road construction discipline is required.
j. For constructing underground
works: The underground and mining construction or underground bridge
construction discipline is required.
k. For constructing at-sea
works: The sea work construction discipline is required.
Chapter 2
CONTRACTORS CAPABILITY
CONDITIONS FOR EXECUTING CONSTRUCTION JOBS, WORK ITEMS OR WORKS SUBJECT TO
SPECIAL REQUIREMENTS
Article 4. Construction
jobs, work items and works subject to special requirements
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1. Jobs:
a. Reinforcing foundations with
the use of barrettes and bored piles for different construction works.
b. Dismantling works of 10 or
more meters in height.
c. Installing extra-long and
extra-heavy equipment
2. Work items:
a. Basements of high rises and
other works, and underground parking lots.
b. Dams of over 25 meters in
height, including concrete, soil and stone dams of irrigation and hydropower
works.
c. Tanks, reservoirs and petrol,
oil and gas pipelines.
3. Works:
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b. Tower-shaped works of 50 or
more meters in height.
c. Bridges with principal spans
of 100 or more meters in length, arched bridges of 50 or more meters in height,
or bridges with piers of 30 or more meters in height.
d. Underground works such as
pits of mining, hydropower, traffic and other works.
e. At-sea works such as
breakwaters, drilling rigs, offshore oil and gas pipelines, and other offshore
works.
Article 5. Contractors
capability conditions
When executing construction
jobs, work items or works subject to special requirements specified in Article
4 of this Regulation, contractors must meet the following capability
conditions:
1. The construction sites chief
commander or person in charge of technical matters under the contractors
management must have a university degree in the suitable discipline; have
participated in construction activities for at least 7 consecutive years; and
have participated in executing at least one construction job, work item or work
of the same type subject to special requirements which is of similar size or
immediate smaller size.
2. The contractors technicians
working at construction sites must have a university or collegial degree in the
suitable discipline; have participated in construction activities for at least
2 consecutive years, for those having a university degree, or 4 consecutive
years, for those having a collegial degree.
3. Technical workers directly
engaged in executing construction jobs, work items or works subject to special
requirements must have suitable job-training certificates. Particularly,
operators of principal construction machines or equipment subject to strict
safety requirements must have at least one years experience.
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5. Contractors must have
participated in executing at least one construcdon job, work item or work of
the same type subject to special requirements which is of immediate smaller
size.
6. Depending on the work volume
and size, contractors executing construction jobs, work items or works subject
to special requirements must have adequate and capable technicians, technical
workers as well as machines and equipment suitable to each construction job,
work item or work under this Regulation. Contractors may hire subcontractors in
order to fully satisfy the capability conditions as required in Clauses 1,2, 3
and 4 of this Article.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 6.
Responsibilities of investors
1. To select contractors who are
capable of executing construction jobs, work items or works subject to special
requirements under this Regulation and be held responsible before law for the
selection of contractors who are incapable of executing construction jobs or
works subject to special requirements, in case of mishaps causing human and
property damage.
2. To regularly supervise
contractors in the observance of current regulations, and suspend or terminate
construction until the contractors satisfy the capability conditions under
signed contracts and this Regulation.
3. Other responsibilities as
defined by law.
Article 7.
Responsibilities of contractors
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2. To observe standards,
technical regulations and approved designs; to organize self-supervision to
assure construction and take-over test quality according to current
regulations.
3. To take responsibility before
investors and law for failure to satisfy the capability conditions specified in
this Regulation for executing construction jobs, work items or works subject to
special requirements.
4. Before executing construction
jobs, work items or construction works subject to special requirements, to have
construction measures approved under regulations and have plans to manage and
limit risks and prevent mishaps.
5. Other responsibilities as
defined by law.
Article 8.
Responsibilities of concerned agencies
1. The Ministry of Construction
shall assign the Department for Management of Constniction Activities to guide
and inspect the implementation of this Regulation.
2. Ministries, branches and
provincial-level Peoples Committees shall guide and inspect investors under
their management in the implementation of this Regulation. Particularly,
provincial-level Peoples Committees shall direct concerned functional agencies
in conducting inspection, and handling violations committed by investors and
contractors in the implementation of this Regulation in their localities.
3. Provincial-level Construction
Services shall:
a. Inspect contractors
capability conditions for executing construction jobs, work items or works
subject to special requirements in localities under this Regulation.
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