THE MINISTRY OF CONSTRUCTION
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No. 18/2010/TT-BXD
|
Hanoi, October 15, 2010
|
CIRCULAR
PROVIDING FOR THE APPLICATION OF REGULATIONS AND
STANDARDS IN CONSTRUCTION ACTIVITIES
Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to June 29, 2006 Law No. 68/2006/ QH11 on Standards and Technical
Regulations;
Pursuant to the Government 's Decree No. 17/ 2008/ND-CP of February 4, 2008,
defining functions, tasks, powers and organizational structure of the Ministry
of Construction;
Pursuant to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on
the management of construction work quality;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007,
derailing a number of articles of the Law on Standards and Technical
Regulations;
Pursuant to the Government's Decree No. 12/ 2009/ND-CP of February 12, 2009, on
the management of investment projects on work construction,
The Ministry of Construction provides for the application of technical
regulations and standards in construction activities as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides for the application of
national technical regulations, national standards. in-house standards and
foreign construction standards (below collectively referred to as technical
regulations and standards) in construction activities in Vietnam.
Article 2. Subjects of application
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3. Principles on the application of
construction regulations and standards
1. National technical regulations, including those on
specialized construction surveys and trials; construction planning and urban
planning; formulation and appraisal of construction investment projects;
designing, construction and takeover test of construction works; and
production, import, export and circulation of construction materials, shall be
compulsorily applied in construction activities,
2. National standards, in-house standards and foreign
construction standards may be applied in construction activities voluntarily,
except those cited in technical regulations or legal documents. The application
of these standards must satisfy the following conditions:
a/ Assuring synchronism and feasibility of the system
of standards applicable to projects throughout the construction process, from
survey, trial, designing, production and manufacture, to construction and
take-over test of works;
b/ Meeting the requirements of national technical
regulations in the construction and other related domains under law;
c/ In case no national technical regulation is
available, in-house standards or foreign construction standards must conform
with requirements stated in compulsory national standards established by
ministries and sectors.
3. For state-funded construction investment projects,
the application of national standards will be prioritized. In case no national
standard is available, investment deciders may consider and approve foreign standards.
Article 4. Modes of standard application
1. A standard may be applied directly in construction
activities. It is encouraged to apply the standard's latest version.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5. Conditions for application of construction
standards
To be selected and applied in construction activities
in Vietnam, construction standards must meet the following conditions:
1. To adhere to the principles specified in Article
3:
2. To be considered, selected and approved by
investment deciders under work construction investment projects.
Chapter II
COMPETENCE TO APPROVE THE
APPLICATION OF CONSTRUCTION STANDARDS
Article 6. Competence to approve the application of
standards
1. Investment deciders may consider and decide on and
shall take responsibility for the application of national standards, in-house
standards or foreign construction standards in construction activities under
their management.
Article 7. Consideration and approval of the
application of construction standards
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The proposal for application of construction
standards to a construction investment project which is included in the project
dossier must cover:
a/ A list of codes and names of standards;
b/ For foreign standards or guidelines, their full
texts in computer files or printed copies, enclosed with Vietnamese or English
translations of to-be-applied parts, are required.
c/ A written explanation about standards'
satisfaction of the requirements stated in Clauses 2 and 3, Article 3 of this
Circular. For foreign organizations' technical guidelines or recommendations
for new technological solutions which have not yet been established into
standards, there should be a written explanation about names of
technical-technological solutions, results of researches and experiments,
construction works to which technical guidelines or recommendations have been
applied, copyrights to technical-technological solutions; and feasibility in
the econo-technical and technological conditions of Vietnam.
3. The contents of consideration and approval of
standards comply with Clause 2 of this Article.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 8. Responsibilities of management agencies
1. The Ministry of Construction and ministries
managing specialized construction works shall manage and guide the application
of technical regulations and standards to construction investment projects under
their management.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 9. Inspection and examination of the
application of technical regulations and standards
The application of technical regulations and
standards in construction activities in localities shall be inspected and
examined according to law. Inspection and examination cover the observance of
this Circular and technical regulations and construction standards already
approved for application.
When detecting violations of this Circular, local
inspection and examination agencies shall make a written record of violation to
suspend construction activities, request investors to take remedies, and impose
administrative sanctions according to law.
Article 10. Transitional provisions
1. Construction activities must comply with national
technical regulations as from the effective date of these technical
regulations. For construction investment projects already approved by competent
authorities before the effective date of technical regulations, previous
regulations prevail.
2. In case the application of construction standards
to a project is approved before the effective date of this Circular, such
application will continue. For new projects or supplementary projects, the
application of construction standards shall comply with this Circular.
Article 11. Implementation provisions
1. This Circular takes effect on December 15, 2010.
2. This Circular replaces the Construction Ministry's
Circular No. 40/2009/TT-BXD of December 9, 2009, providing for the application
of foreign construction standards in construction activities in Vietnam.-
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Trinh Dinh Dung