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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
40/2009/TT-BXD
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Hanoi,
December 09, 2009
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CIRCULAR
ON
APPLICATION OF FOREIGN CONSTRUCTION STANDARDS TO CONSTRUCTION ACTIVITIES IN
VIETNAM
THE MINISTRY OF CONSTRUCTION
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 the 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
quality management of construction works;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007,
detailing 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
management of work construction investment projects,
The Ministry of Construction provides for the application of foreign
construction standards to construction activities in Vietnam as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Circular provides for the
application of construction standards of other countries standards of other
countries, international organizations and regional standardization
organizations (below collectively referred to as foreign standards) to construction
activities in Vietnam.
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Domestic and foreign
organizations and individuals, when applying foreign standards to construction
activities in Vietnam, shall comply with this Circular.
Article 3. Principles for
application of foreign construction standards
1. Foreign construction
standards shall be applied to construction activities on a voluntary basis.
2. To ensure synchronism and
feasibility of the system of standards applicable in the entire construction
process, from survey, designing, production and manufacture, to construction
and take-over test of works.
3. To meet the requirements of
national technical regulations in the construction and other related fields
under law. In case national technical regulations are not available yet,
foreign construction standards must satisfy the requirements defined in
compulsory national standards established by ministries and branches.
Article 4. State
management of the application of foreign construction standards
The Ministry of Construction
shall uniformly manage the application of foreign construction standards to
construction activities. The ministries managing specialized construction works
shall coordinate with the Ministry of Construction in managing the application
of foreign standards to specialized construction works.
Chapter II
CONDITIONS AND COMPETENCE
FOR APPROVAL OF APPLICATION OF FOREIGN CONSTRUCTION STANDARDS
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To be selected and applied to
construction activities in Vietnam, foreign construction standards must meet
the following conditions:
1. To adhere to the principles
specified in Article 3;
2. To be construction standards
of other countries, international organizations and regional standardization
organizations;
3. To be considered, selected
and approved by investment deciders prior to the compilation of basic design
dossiers of work construction investment projects.
Article 6. Competence to
approve application of foreign construction standards
Investment deciders shall
consider, decide on and take responsibility for the application of foreign
construction standards to construction activities under their management.
Article 7. Consideration
and approval of foreign construction standards
1. Investment deciders shall
consider and decide on the application of foreign construction standards within
their competence defined in Clause 6 of this Circular. If professionally
incapable, an investment decider may hire consultants to verify dossiers of
foreign construction standards before consideration and approval in writing.
Expenses for hiring consultants shall be included in the projects' funds on the
basis of cost estimates of jobs to be performed.
2. A dossier of registration for
application of foreign construction standards comprises:
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b/ The full text of foreign
construction standards. When necessary, investment deciders may organize the translation
into Vietnamese of the parts of foreign standards to be applied to the
projects.
c/ A written explanation:
analysis of the standards' satisfaction of the conditions defined in Article 5
of this Circular and the necessity of application of these standards.
3. For foreign organizations'
technical guidelines or recommendations not yet promulgated into standards,
besides the documents specified in Clause 2 of this Article, there should be a
report on technical-technological solutions, which contains such main
information as names of technical-technological solutions, results of
researches and experiments, construction works to which technical guidelines or
recommendations have been applied, and copyrights on technical-technological
solutions.
4. Consideration of a foreign
standard dossier: the list of documents under Clause 2 of this Article:
satisfaction of the requirements defined in Clauses 2 and 3. Article 3 of this
Circular; and the project's capability to satisfy economic-technical conditions
upon applying foreign standards.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 8. Management of
application of foreign standards
Investors shall submit the list
of foreign construction standards already approved for application to projects
to the Ministry of Construction or ministries managing specialized construction
works for unified management.
Article 9. Inspection and
examination of application of foreign construction standards
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When detecting violations of
this Circular, inspecting and examining agencies shall make records thereof to
suspend the application of foreign standards and request investors to take
remedies.
Article 10. Transitional
handling
Projects to which the
application of foreign construction standards has been approved in writing by
the Ministry of Construction or ministries managing specified construction
works before the effective date of this Circular may be implemented as
approved. For new or added projects, the application of foreign construction
standards thereto must comply with this Circular.
Article 11.
Implementation provisions
1. This Circular takes effect on
February 1, 2010.
2. This Circular replaces the
Construction Ministry's Decision No. 09/2005/QD-BXD of April 7, 2005,
promulgating the Regulation on application of foreign construction standards to
construction activities in Vietnam, and Decision No. 35/2006/QD-BXD of November
22. 2006, adding a number of provisions to the Regulation on application of
foreign construction standards to construction activities in Vietnam promulgated
together with Decision No. 09/2005/QD-BXD of April 7, 2005.-
FOR
THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Cao Lai Quang
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