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MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness  
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No. 06/2017/TT-BXD

Hanoi, April 25, 2017

 

CIRCULAR

ON GUIDELINES FOR PERFOMING CONSTRUCTION EXPERIMENTS

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

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

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

Pursuant to the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on the quality control and the maintenance of construction works;

Pursuant to the Government’s Decree No. 62/2016/ND-CP dated July 01, 2016 on the requirements for the judicial expertise in construction and construction experiments;

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At the request of the Director General of the Department of Science, Technology and Environment;

The Minister of Construction promulgates a Circular on guidelines for performing construction experiments.

Article 1. Scope and regulated entities

This Circular provides guidelines for the Decree No. 62/2016/ND-CP on performing construction experiments applied to relevant domestic and foreign organizations and individuals in territory of Vietnam.

Article 2. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

Construction laboratory is a facility that is affiliated to an organization performing construction experiment activities (hereinafter referred to as “construction laboratory owner”) and whose personnel (head, deputy head and experimenters of the laboratory) and experimental apparatus and equipment are arranged in a separate area to meet requirements for performing construction experiments. Each construction laboratory shall be granted an identification number of Laboratory Accreditation Scheme in construction (LAS-XD) and have its address specified in a Certificate of eligibility for performing construction experiments (hereinafter referred to as "Certificate").

Article 3. Scope and fields of construction experiments under the Decree No. 62/2016/ND-CP

1. Construction experiments include measurement activities that determine the mechanical, physical, chemical and geometrical characteristics of the experimental subjects, such as: construction products and materials; construction land; components and structures of construction works; and construction environment relating to all types of construction works.

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3. Construction experiments may be performed by the destructive method or non-destructive method so as to determine the characteristics of the experimental subjects at the time in a certain period of time.

Article 4. Evaluation and certification of eligibility for performing construction experiments

1. An evaluation board is composed of: Representative(s) of the Department of Science, Technology and Environment affiliated to the Ministry of Construction, representative(s) of the Department of Construction of the province where the laboratory is located and qualified experts.

2. The content of the construction laboratory evaluation is specified in the Appendix of this Circular.

3. The construction laboratory owner shall pay the fees and charges for evaluating if the laboratory is eligible for being granted a Certificate in accordance with regulations on collection of fees and charges for evaluation of conformity.

Article 5. On-site experiment stations

1. On-site experiment station is a facility of a construction laboratory and it is established by a construction laboratory owner for a specific project/construction work during the progress of execution of such project/construction work. The on-site experiment station shall be provided with sufficient personnel, apparatus and equipment in such a manner that meets the requirements for the experiments to be performed in terms of area and experimental conditions applied to a construction laboratory.

2. Depending on the actual requirements for each project/construction work, a decision on establishment of the on-site experiment station shall be issued. The decision on establishment of on-site experiment station shall specify its address and be enclosed with a list of personnel, apparatus and equipment to be transferred. Such decision shall then be given to the investor or the entity authorized by the investor to verify if experiments to be performed in the construction work are conformable. The verification process shall be documented prior to conducting experiments. If an on-site experiment station serves multiple projects/construction works at the same time, it shall be specified in the decision on establishment of on-site experiment station or an additional decision shall be issued.

3. The construction laboratory owner is entitled to use the identification number of LAS-XD of its accredited laboratory for an on-site experiment station.

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5. Before carrying out experimental activities and within 1 month after the completion of operations of an on-site experiment station, a construction laboratory owner shall send a written notification to the Department of Construction of the province where a project/construction work is executed.

Article 6. Publishing information about construction laboratory owners

The system of construction laboratory owners shall be published on the Ministry of Construction’s website at www.xaydung.gov.vn as follows:

1. Information about construction laboratory owners

a) Names, emails, telephones and addresses of construction laboratory owners, laboratories’ addresses and LAS-XD identification numbers;

b) Certificates and a list of experimental indicators enclosed.

2. A list of the construction laboratory owners that violate regulations of law and whose Certificates are suspended or invalidated.

Article 7. Responsibilities of authorities, organizations and individuals in performing construction experiments

1. Responsibilities of State authorities and construction authorities

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b) The Department of Science, Technology and Environment shall assist the Minister of Construction to manage activities related to construction experiments, including: processing the applications, carrying out assessment and proposing issuance of the Certificate to a competent authority as prescribed in Article 6 of the Decree No. 62/2016/ND-CP; inspecting construction experiments, resolving complaints and reporting violations against regulations on construction experiments to a competent authority as defined in Article 7 of the Decree No. 62/2016/ND-CP; and administering proficiency testing/inter-laboratory comparisons to construction laboratories;

c) The Department of Construction of each province/central-affiliated city shall carry out periodic or surprise inspections of laboratories and on-site experiment stations in the province/city. Results of inspections shall be made in writing and sent to the Ministry of Construction.

2. Responsibilities of construction laboratory owners

a) Ensure facilities, experimenters and quality control system keep meeting requirements defined in Article 5 of the Decree No. 62/2016/ND-CP;

b) Fulfill requirements imposed by State authorities and construction authorities as defined in Clause 1 this Article;

c) Take legal responsibility for construction experiment activities.

3. Responsibilities of managers of construction laboratory owners (heads/deputy heads of laboratories)

a) Manage experimental apparatus and equipment and make periodical plans for testing/calibration of experimental apparatus and equipment as regulated to ensure the accuracy of the measurement;

b) Supervise and assign particular tasks to each experimenter according to his/her degree(s)/certificate(s);

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d) Take responsibility for experimental results of their laboratories.

4. Responsibilities of experimenters

a) Perform assigned tasks and abide by the principle of honesty in the course of performing experiments and experimental results;

b) Take responsibility for experimental data obtained.

Article 8. Implementation provisions

1. This Circular comes into force from June 15, 2017.

2. If any standard stated herein is amended or replaced, its latest version shall prevail.

3. The following regulations shall be annulled:

a) The Decision No. 11/2003/QD-BXD dated May 12, 2003 by the Minister of Construction on promulgating Vietnamese construction standards No. TCXDVN 297:2003 regarding “Construction laboratories - Criteria for recognition”;

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c) Article 5, Article 6 and Clause 3 Article 7 of the Circular No. 06/2011/TT-BXD dated June 21, 2011 by the Minister of Construction on amendments to administrative procedures in the fields of construction; construction architecture and construction planning as specified in the Government’s Resolution No. 55/NQ-CP dated December 14, 2010 on the simplification of administrative procedures under competence of the Ministry of Construction.

Article 9. Implementation

1. Relevant authorities, organizations and individuals shall implement this Circular.

2. Any problems arising during the implementation shall be reported to the Ministry of Construction for consideration.

 

 

PP. MINISTER
DEPUTY MINISTER




Le Quang Hung

 

 

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