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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
06/2021/ND-CP
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Hanoi,
January 26, 2021
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DECREE
ELABORATING ON IMPLEMENTATION OF SEVERAL REGULATIONS ON QUALITY
MANAGEMENT, CONSTRUCTION AND MAINTENANCE OF CONSTRUCTION WORKS
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on Amending and
Supplementing certain Articles of the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on
Construction dated June 18, 2014; the Law on Amendments and Supplements to the
Law on Construction dated June 28, 2020;
Pursuant to the Law on
Occupational Safety and Hygiene dated June 25, 2015;
Pursuant to the Law on Product
and Commodity Quality dated November 21, 2007;
Pursuant to the Law on
Amendments and Supplements to several Articles of 37 Laws related to the
planning dated November 20, 2018;
Pursuant to the Law on Investment
dated June 17, 2020;
Pursuant to the Law on Public –
Private Partnership Investment dated June 18, 2020;
Pursuant to the Law on Bidding
dated November 26, 2013;
Upon the request of the Minister
of Construction;
The Government promulgates the Decree,
elaborating on the implementation of several regulations on quality management,
construction and maintenance of construction works
Chapter I
GENERAL PROVISIONS
Article 1.
Scope and subjects of application
1. This Decree elaborates on
several regulations regarding the quality management, construction and
maintenance of construction works.
2. This Decree applies to domestic
and foreign entities, organizations and individuals related to the quality
management, construction and maintenance of construction works.
Article 2.
Definition
1. Construction work quality
control means the act of management of entities participating in construction
activities under the provisions of this Decree and other relevant laws during
the process of construction investment preparation and implementation,
operation and use of a construction work to ensure the quality and safety for
the construction work.
2. Construction management means
the act of management of entities participating in construction activities
under the provisions of this Decree and other relevant laws in order to ensure
conformance to safety, quality and progress requirements, effectiveness and
meet design requirements and stated objectives.
3. Technical instructions are a set
of technical requirements which are based on technical regulations and
standards applied to construction works or designs to provide guidance and
regulations on materials, products and equipment used for construction works,
construction, supervision, and acceptance testing or commissioning of
construction works.
4. As-built drawing refers to a
drawing of a finished construction project, providing information about actual
locations, dimensions, actually used materials and equipment.
5. Project completion documentation
means a set of documents and records related to the investment and construction
processes that need to be archived while the project is putting into use.
6. Specialized construction
experiment means any measurement activity aimed at determining the
characteristics of a construction land, material, environment, product,
constituent or project according to a certain process.
7. Construction observation means
the act of observing, measuring and recording any geometrical change,
deformation, distortion, transition, and other technical parameters of a
project and its ambient environment over periods of time.
8. Construction survey means an act
of making measurement to determine the position, shape and size of a terrain or
construction project as a support for construction, quality control, warranty,
maintenance, management, operation, use and management of failures or
breakdowns or responses to emergencies arising from a construction project.
9. Construction testing means the
act of examining and assessing the quality or causes of damage, breakdowns or
failures, value, useful life and other technical parameters of a construction
product or a project constituent or the whole of a construction project through
the construction observation, experiment, quantity calculation, estimation or
quantification and analysis activities.
10. Construction inspection means
the act of construction testing and evaluation of compliance with the law on
construction investment which is organized and carried out by a competent state
regulatory authority in accordance with this Decree.
11. Regulatory compliance
assessment of construction activities means the act of assessing whether the
building material and product comply with the applicable requirements of
relevant technical regulations.
12. Standard conformity assessment
of construction activities is the act of assessing whether a product,
commodity, service, process or environment conforms to the corresponding
standard.
13. Construction project
maintenance means a combination of activities aimed at assuring and maintaining
the normal and safe operation of a construction project in compliance with
design requirements during the process of using and operating that construction
project. Construction project maintenance may include one, some or all of the
following activities: examination, observation, quality inspection, maintenance
and repair of the construction project; addition and replacement of a
construction work and equipment to ensure safety for the operation and use of
the construction project, but does not include activities that alter the
function or scale of the construction project.
14. Procedures for maintenance of a
construction project refer to documents providing regulations on processes,
requirements and instructions for maintenance of the construction project.
15. Design service life of a
construction project (design life) means the period of time during which the
construction project is expected to use, ensuring conformance to safety and
utility requirements. Design life of a construction project is specified in the
relevant technical regulation, standard in use or engineering objectives.
16. Real service life of a work
(real life) means the period of time during which the construction project is used
in reality, ensuring conformance to safety and utility requirements.
17. Construction warranty means the
contractor's commitment to become liabilities to mitigate and correct, within a
certain period of time, damages and defects that may occur during the period of
operation and use of a construction project.
18. Owner of construction project
means an individual or organization that has the right to own a construction
project in accordance with law.
19. Manager or user of a
construction project is the owner in the case where the owner directly manages
or uses the work or is the person authorized by the owner of the construction
project to manage and use that construction project in the case where the owner
does not directly manage or use the construction project, or is the person who
manages or uses the construction project in accordance with relevant laws.
20. Safety in construction
activities refers to a solution to prevent and combat the impacts of dangerous
and harmful factors to protect people from any injury, death or health
impairment, and prevent any incident causing occupational unsafety that may
occur during the construction process.
21. Construction safety management
means the act of management of entities participating in construction activities
under the provisions of this Decree and other relevant laws in order to assure
safety for construction activities.
22. Periodic assessment of safety
of construction project (hereinafter referred to as construction safety
assessment) refers to the periodic examination and appraisal of the bearing
capacity and conditions necessary for safe use and operation of a construction
project.
Article 3.
Classification and grading of construction projects
1. Construction projects shall be
classified by structural properties and utility as follows:
a) Construction projects are
classified by structural properties into housing structures; bridges, roads,
tunnels, ports; pillars, towers, storage tanks, silos, retaining walls, dykes,
dams, embankments; piping or other structures;
b) Construction projects are
classified by their utility into those used for civil purposes; those used for
industrial production purposes; those providing technical infrastructure
facilities and amenities; those supporting traffic and transportation
activities; those supporting agricultural production and rural development
activities; those used for national defense and security purposes and detailed
in Appendix I to this Decree.
The utility of a construction
project can be created by an independent building, a complex of construction
works or a technological line consisting of multiple items that have a mutual
relationship with each other to create the shared function. A construction
investment project may have one, several independent works or a main complex or
a main technological line. A construction work belonging to a construction
complex or a technological line is a construction item belonging to a complex
or a technological line.
2. Construction grades specific to
construction projects prescribed in Point a of Clause 2 of Article 5 in the Law
on Construction dated June 18, 2014 (hereinafter referred to as Law No.
50/2014/QH13), which is amended and supplemented by Clause 3 of Article 1 of
the Law on amendments and supplements to a number of articles of the Law on
Construction dated June 17, 2020 (hereinafter referred to as Law No.
62/2020/QH14) shall be used for the management of construction investment
activities in accordance with regulations on grades of construction works
issued by the Minister of Construction.
3. The Minister of National Defense
and the Minister of Public Security shall set out regulations on the use of
construction grades specified in Clause 2 of this Article for the management of
investment in construction projects used for national defense and security
purposes.
Article 4.
Specialized construction experiments, construction observation and construction
surveys
1. Specialized construction
experiments, construction observations and surveys are measurement activities
carried out during the construction process to determine the technical
parameters and positions of materials, components and project constituents, and
support construction and acceptance testing or commissioning activities.
2. Specialized construction
experiments must be conducted by qualified organizations and individuals in
accordance with laws.
3. Organizations and individuals
conducting specialized construction experiments, construction observations and
surveys shall be responsible for providing data in an honest, objective manner
and for the accuracy of data and figures that they provide.
4. Building contractors shall be
responsible for conducting specialized construction experiments, observations
and surveys of construction projects during the construction process according
to the relevant provisions of construction contracts and technical regulations
and standards.
Article 5.
Controlled experimentation, construction testing, experimentation of bearing
capacity of building structures
1. Controlled experiments are
conducted during the construction process in the following cases:
a) They are prescribed in technical
instructions or construction contracts;
b) They take place when building
materials, products or equipment installed in construction projects or construction
works show any sign of failure to meet quality requirements set out in design
documentation;
c) They are conducted at the
requests of specialized construction authorities.
2. Construction testing,
experimentation on the bearing capacity of building structures may be required
in the following cases:
a) As prescribed in technical
instructions or construction contracts;
b) Completed construction works
show any sign of failure to meet quality requirements set out in design
documentation, or there is a lack of grounds for quality assessment, acceptance
testing or commissioning;
c) At the requests of authorities
having competence in entering into public-private partnership project
agreements;
d) At the requests of authorities
having competence in examining acceptance testing activities under the
provisions of clause 2 of Article 24 herein;
dd) The owner of a construction
project wishes to extend its design life which is bound to expire;
e) Construction projects in operation
or in use pose a risk of danger or unsafety;
g) Construction testing activities
are carried out to assist in maintenance activities.
3. Contents of a construction
testing:
a) Quality inspection of
construction parts and construction works;
b) Inspection and testing for
causes of damage, causes of any incident, breakdown or failure and the useful
life of construction project constituents and projects;
c) Inspection of quality of
building materials, components and products.
4. Costs and expenses of a
construction testing:
a) Costs of the construction
testing are determined by making an estimate in accordance with the law on
construction cost management and other relevant law provisions in accordance
with the contents and volume of works agreed upon in the contract between
parties or the approved assessment and testing protocol;
b) During the construction process,
the construction design contractor, the building contractor, the contractor
supplying and manufacturing construction products or other relevant contractors
must bear testing costs if the results obtained after assessment and testing of
the work performed on their part prove that the faults lie with them. In other
cases, the costs of conducting the construction assessment and testing must be
included in total investment amount;
c) The owner or the manager or the
user of the construction project shall be responsible for paying assessment and
testing costs during the period of operation and exploitation. If the
assessment and test results prove that the fault lies with an entity or person,
that entity or person must bear inspection and testing costs in proportion to
such fault.
Article 6.
Construction inspection
1. Contents of a construction
inspection:
a) Inspection of the quality of the
construction survey, the construction design, building materials, components
and products, parts and the entire construction project;
b) Inspection of the causes of the
damage, incident, breakdown or failure at the construction project according to
the provisions of Chapter IV of this Decree;
c) Other contents of construction
inspection.
2. Authorities having competence in
heading a construction inspection:
a) Provincial People's Committees
conduct the inspection of construction projects located within their localities,
except the cases specified at Points b and c of this Clause;
b) The Ministry of National Defense
and the Ministry of Public Security conduct the inspection of national defense
and security projects;
c) Ministries in charge of
specialized construction works conduct the inspection of construction works
when being assigned by the Prime Minister to do so;
d) Authority to head the inspection
of the causes of an incident, breakdown or failure shall be subject to Clause 1
Article 46 hereof.
3. Costs and expenses of a
construction inspection shall be composed of several or all of the followings:
a) Costs and expenses for the
construction inspection conducted by an inspection agency include per diem and
other costs needed for the inspection;
b) Costs and expenses for hiring
experts to participate in the construction inspection, including travel costs,
costs of renting accommodations at the destination and expert remuneration;
c) Costs for hiring an entity to
conduct the construction testing and assessment needed for the construction
inspection which are determined by making an estimate in accordance with the
law on investment and construction cost management and other relevant law
provisions provided that such costs are appropriate for activities stated in the
inspection protocol;
d) Other costs and expenses
necessary for the inspection.
4. Investors, owners or managers
and operators or users of construction projects shall be responsible for paying
costs to inspection organizations. If the inspection results prove that the
fault lies with an entity or person which is involved, that entity or person
must bear inspection costs in proportion to such fault, and must be responsible
for taking remedial actions.
Article 7.
Segregation of liabilities between entities and persons for management of
construction activities
1. Entities and persons directly
relating to construction activities, including:
a) Investors or investor’s
representatives (if any);
b) Building contractors;
c) Contractors supplying construction
products, building materials, components and equipment installed at
construction projects;
d) Consulting contractors,
including: surveying, designing, project management, supervision,
experimentation, testing and other consulting contractors.
2. In order to participate in
construction activities, contractors referred to in Points b, c and d, Clause 1
of this Article must meet the prescribed capacity conditions and must directly
and totally bear legal liability for quality and safety of the works performed
on their part before the law, to investors, and to main contractors if they are
subcontractors. Main contractors must be accountable to investors for the works
that subcontractors perform.
3. Upon entering into a consortium,
contractors as members of the consortium shall assume responsibility for
the quality of the works they perform on their part as defined in the written
partnership agreement that must clearly defines the liability of the lead
member of the consortium, the joint and several responsibility of each
consortium member, and clearly defines the scope and volume of the works
performed by each consortium member. Those must be specified in a construction
contract with the investor.
4. Under engineering, procurement
and construction contracts (hereinafter referred to as EPC contract) or
lump-sum turnkey contracts, general contractors shall take charge of quality
control, supervision of the construction works on their part and the works
performed by subcontractors; carry out other liability assigned by investors
under terms and conditions of construction contracts.
5. Investors shall be responsible
for management of construction works according to investment, project
management, contracting forms, scales and funding sources during the investment
and construction period; management of construction works includes those
specified in Clause 1, Article 10 of this Decree; construction supervision,
pre-commissioning testing of construction works, parts, items and construction
projects; commissioning for putting construction projects in use or into
operation according to the provisions of this Decree and relevant laws.
Investors shall have autonomy in carrying out construction works provided that
they meet capability requirements set out in laws. Pre-commissioning tests
conducted by investors shall not function as replacement for or reduction in
the liability of contractors participating in construction works with respect
to the works performed by contractors on their part.
6. In case an investor establishes
a construction project management unit or assign tasks to a specialized
construction project management unit or regional construction project
management unit:
a) The investor may authorize or
assign the project management unit to perform one or several works on the
investor's part in the management of construction works in accordance with this
Decree and such authorization or assignment must be documented. The investor
must direct, inspect and take responsibility for the tasks authorized or assigned
to the project management unit;
b) The project management unit
shall be responsible before law and to the investor for the execution of the
authorized or assigned tasks specified at Point a of this Clause.
7. In case an investor hires a
project management consultancy contractor or a construction supervision
contractor:
a) The investor may authorize this
contractor to perform one or several works on the investor’s part in the
management of construction works through a construction contract. The investor
shall be responsible for supervising the implementation of the construction
contract, handling related issues between contractors involved in the
construction project and with local authorities during the project
implementation period;
b) Project management consulting
contractor or construction supervision contractor shall be responsible before
law and to the investor for the assigned works in accordance with the contract
and relevant laws.
8. Under an EPC contract or a lump
sum turnkey contract, the investor shall be responsible for inspecting and
expediting the implementation of construction management activities as agreed
upon in the construction contract; conducting the pre-commissioning test on the
construction item, construction project, commissioning and transfer of the
construction project before being put into operation and in use.
9. With respect to PPP projects:
a) PPP project enterprises shall
implement the investor's construction management responsibilities according to
the provisions of this Decree;
b) Contracting authorities under
the law on public-private partnership investment shall undertake the
implementation of the provisions of Clause 8, Article 19 of this Decree. In
case competent authorities delegate authority to their affiliates or units to
act as the contracting agencies, competent agencies must direct, inspect and
take responsibility for the activities performed by contracting agencies;
contracting agencies shall be responsible to competent authorities and the law
for the performance of the trusted activities.
10. Rights, obligations and
segregation of liabilities of those specified in Clause 1 of this Article must
be prescribed in contracts and in accordance with the law.
Article 8.
Construction quality awards
1. Construction quality awards,
including:
a) National award for the quality
of construction projects;
b) Award for high-quality
construction projects and other quality awards.
2. Contractors who win wards for
the quality of construction projects specified in Clause 1 of this Article may
be granted priority when participating in construction tenders in accordance
with the law on bidding. Awards accepted as the basis to consider giving
priority to bidders are those that they have won in the period of 3 years
preceding the date of submission of application for bids. Investors must
include the aforesaid regulations in their invitations to bid.
3. The Ministry of Construction
shall organize and approve construction quality awards according to the
provisions of Clause 4, Article 162 of Law No. 50/2014/QH13.
Article 9.
Management of detached house construction
1. The management of the
construction of detached houses must adhere to the rules under which safety for
people, property, equipment, entire construction projects, other adjacent facilities
and ambient environment must be ensured.
2. Design of detached houses of
families and persons:
a) Investors in detached houses
built for family or personal needs without basements and with total
construction floor area of less
than 250 m2 or less than 3 floors, or with less than 12m in height,
per each may exercise the freedom of design;
b) Design of detached houses built
for family and personal needs with under 7 floors or with 1 basement, except for
the case specified at Point a of this Clause, must be made by qualified
organizations or individuals in accordance with laws;
c) Design documentation of detached
houses built for household or individual needs with 7 floors or more or with 02
basements or more must be subject to the construction design verification
regarding the construction safety before applying for construction permits.
Design and design verification must be conducted by qualified and competent
organizations and individuals under laws.
3. Management of construction of
detached houses for family and personal needs:
a) Investors in the construction of
detached houses conduct, supervise construction works and bear responsibility
for construction safety. Investors in the construction of detached houses are
encouraged to take charge of supervising construction works, compiling and
archiving detached house dossiers according to the provisions of this Decree,
except the case specified at Point b of this Clause;
b) Construction and supervision of
construction of detached houses built for family and personal needs prescribed
in point c of this clause must be carried out by qualified organizations or
individuals.
4. Scope of supervision of
construction of detached houses for family and personal needs:
a) Methods of construction, safety
measures for houses and adjacent or contiguous property;
b) Quality of building materials,
components and equipment before being in use;
c) Scaffolding systems, temporary
supporting structures, building machinery and equipment;
d) Occupational safety and
environmental controls.
5. In addition to being covered by
the provisions of this Article, the construction of detached houses belonging
to construction projects must conform to other relevant laws and regulations of
laws on construction project management.
Chapter II
MANAGEMENT OF
CONSTRUCTION WORKS
Article 10.
Scope of management of construction works
1. Management of construction works
includes:
a) Construction quality management;
b) Construction progress management;
c) Construction quantity
management;
d) Occupational safety and
environmental control;
dd) Occupational safety and
environmental control;
e) Management of other matters or
issues that is prescribed in construction contracts.
2. Those stated in point a, b, c
and d of clause 1 of this Article are further elaborated herein. The item
stated in point dd of clause 1 of this Article are further elaborated in the
Decree on management of construction costs and expenses.
Article 11.
Sequence of tasks involved in the management of construction works
1. Land acquisition; construction
site management.
2. Management of building
materials, products, components and equipment used in the construction project.
3. Management of the contractor’s
construction works.
4. Supervision of construction
works undertaken by the investor; inspection and pre-commissioning testing of
construction works during the construction process.
5. Author's supervision carried out
by design contractors during the construction process.
6. Controlled experiment, testing
of the bearing capacity of the construction structure and construction
verification during the construction process.
7. Pre-commissioning testing at the
construction stage, or the construction project constituent (if any).
8. Pre-commissioning testing of
completed construction items or works before being put into operation or in
use.
9. Inspection of the
pre-commissioning testing conducted by the competent state authority (if any).
10. Preparation and archiving of
project completion documentation.
11. Post-construction restoration.
12. Transfer.
Article 12.
Management of building materials, products, components and equipment used in
construction projects
1. Responsibilities of the
contractor supplying construction products and materials that are goods sold on
the market:
a) Conducting the quality control
test and providing the principal (the purchaser of construction products) with
certificates, accreditations, information and documents related to construction
products and materials in accordance with construction contracts and other
provisions of relevant laws;
b) Examining the quality, quantity
and types of construction products and materials according to contractual
requirements before transferring them to the principal;
c) Notifying the principal of
requirements concerning transport, storage and preservation of building
products and materials;
d) Repairing or replacing
construction products that fail to meet quality requirements according to
construction product warranty commitments and construction contract terms and
conditions.
2. Responsibilities of the
contractor manufacturing and producing building materials, components and
equipment used for construction works according to specific design
requirements:
a) Seeking the principal
(purchaser)’s approval of the process of production, testing and
experimentation based on the design requirements and the quality control
procedures during the manufacturing and production process with respect to
building materials, components and equipment;
b) Conducting the manufacturing,
production, testing and experimentation based on the procedures approved by the
principal, and in conformity to design requirements; quality self-control and
cooperation with the principal in quality control during the manufacturing,
production, transportation and storage stage at the construction site.
c) Conducting the inspection and
pre-commissioning test before transfer to the principal;
d) Transporting and transferring
building materials, components and equipment to the principal in accordance
with the contract;
dd) Providing the principal with
relevant certificates, accreditations, information and documents in accordance
with the contract and other provisions of relevant laws.
3. The contractors defined in Clauses
1 and 2 of this Article shall be responsible for the quality of building
materials, products, components and equipment supplied, manufactured or
manufactured by themselves according to the principal's request and the
accuracy and authentication of the documents provided to the principal; the
principal's conduct of the pre-commissioning test does not reduce the
above-mentioned liability of these contractors.
4. The principal shall assume the
following liabilities:
a) Prescribing the quantity, type
and technical requirements of building materials, products, components and
equipment in the contract with the supply, manufacturing and production
contractor in accordance with the design requirements and technical
instructions applied to construction projects;
b) Checking the quantity, type,
technical requirements of materials, products, components and equipment
according to the provisions of the contract; requiring supply, manufacturing
and production contractors to fulfill the liabilities specified in Clauses 1
and 2 of this Article before conducting the pre-commissioning test of
materials, products, components and equipment used in construction works;
c) Carrying out quality control
during the manufacturing and production process according to the procedures
agreed upon with the contractor;
d) Preparing documents on quality
control of materials, products, components and equipment used for construction
projects as prescribed in Clause 5 of this Article.
5. Documents on management of
quality of building materials, products, components and equipment used in the
construction project, including:
a) Manufacturer’s quality
certificate prescribed in contracts and provisions of laws on product quality;
b) Certificate of origin that must
conform to the provisions of the contract between the supply contractor, the
purchaser, and agree with the accepted and approved list of materials and
supplies with respect to importation thereof under the provisions of laws on
origin of goods;
c) Certificate of conformance to
relevant technical regulations and laws with respect to materials, products,
components and equipment subject to the regulatory requirements for
certification of conformance and announcement of conformance under legislative
regulations on quality of commodities;
d) Information and documents
related to materials, products, components and equipment used in construction
projects under construction contracts;
dd) Results of tests, experiments
or inspections of materials, products, components and equipment used in construction
projects in accordance with applied technical regulations, standards and design
requirements which are carried out during the construction process;
e) Records of pre-commissioning
tests of materials, products, components and equipment used in construction
projects according to regulations;
g) Other relevant documents that
are prescribed in construction contracts.
6. Change of the types, origins of
materials, products, components and equipment used in construction projects:
a) Replaced materials, products,
components and equipment must meet design requirements, conform to applicable
technical regulations and standards, and must be accepted and approved by the
investor under contractual terms and conditions;
b) As for construction projects
using public investment capital and state capital other than state investment
capital, if such change leads to adjustment of the project, the law on
construction project management must be observed.
Article 13.
Liabilities of construction contractors
1. Receiving and managing building
grounds, preserving land surveying and boundary markets of construction
projects, managing construction sites according to regulations.
2. Preparing and notifying
investors and relevant entities about contractors’ construction management
systems. Construction management systems must commensurate with the size and
nature of construction works, clearly stating the organizational charts and
responsibilities of each individual for the construction management, including:
Construction foreman or project director of the contractor; individuals in
charge of direct construction techniques, construction quality and safety
control activities, management of construction quantities and progress, and
management of construction documents.
3. Seeking the investor’s
acceptance of the followings:
a) Plan for testing, inspection,
assessment, experimentation, trial operation, monitoring and determination of
technical parameters of construction projects according to design requirements
and technical instructions;
b) Approach for inspection and
control of the quality of materials, products, components and equipment used in
construction projects; construction method;
c) Construction progress schedule;
d) Plan for inspection and
pre-commissioning test of construction works, pre-commissioning test at the
construction stage or construction project constituents (items), acceptance
test of completion of construction items and construction works;
dd) General safety plan according
to the contents specified in Appendix III of this Decree; Detailed safety
measures for works posing high risks of occupational unsafety identified in the
general safety plan;
e) Other necessary matters at the
request of the investor and as prescribed in construction contracts.
4. Determining danger sites in
construction projects.
5. Assigning construction manpower
and equipment in accordance with the construction contract and relevant law
provisions. Implementing the general occupational safety plan for the work
performed on their part. Persons in charge of safety at workplace that are
employed by construction contractors must major in occupational safety or
construction engineering, and meet other regulations of the laws on
occupational safety and hygiene.
6. Fulfilling the principal's
responsibilities for the procurement, manufacture and production of materials,
products, components and equipment used in construction projects in accordance
with Article 12 of this Decree and the provisions of construction contracts.
7. Organize the testing, inspection,
experimentation and assessment of building materials, components, products,
equipment, technological equipment before and during the construction process
according to design requirements and regulations of construction contracts.
Construction laboratories owned or hired by contractors under the provisions of
construction contracts must be qualified to provide testing services and must
directly perform these services to ensure the test results properly indicate
the quality of construction materials, components, products, equipment and
technological equipment used in construction projects.
8. Carrying out construction
activities in accordance with construction contracts, permits (if any) or
designs. Promptly notifying investors in case of detecting any discrepancy
between design documentation or construction contracts and actual conditions
during the construction process. Controlling the quality of construction works
on their part according to design requirements and regulations of construction
contracts. Quality control records of construction works must accord with the
actual time of execution at the construction site.
9. Suspending construction works,
project constituents or items when detecting and correcting any error or defect
in the quality or any incident. Ceasing construction works when detecting risks
of occupational accidents and incidents causing unsafety at work and taking
corrective measures to ensure safety before resuming construction works;
overcoming consequences of occupational accidents and incidents causing
workplace unsafety that would occur during the construction process.
10. Conducting the surveying and
monitoring or observation of construction works according to design
requirements. Conducting tests, simple or complex dynamic test runs according
to plans before recommending pre-commissioning tests.
11. Main contractors or general
contractors shall be responsible for inspecting construction works performed by
subcontractors on their part.
12. Using occupational safety funds
for construction works to serve right purposes.
13. Make logbooks of construction
activities and as-built drawings according to the provisions of Appendix II of
this Decree.
14. Requesting investors to carry
out pre-commissioning activities as per Article 21, 22 and 23 herein.
15. Reporting to investors on the
construction progress, quality, quantity, occupational safety and environmental
sanitation in accordance with construction contracts and other relevant laws or
regulations, or making ad-hoc reports at the investor’s request.
16. Reinstating the construction
site, removing supplies, machinery, equipment and other property of their own
from the construction site after the construction project has been commissioned
and transferred, unless otherwise agreed in the construction contract.
17. Organizing the preparation and
archival of construction management documents for the work they perform on
their part.
18. Persons in charge of
occupational safety of construction contractors shall assume the following
responsibilities:
a) Implementing the general plan
for safety at the construction site which has been approved by the investor;
cooperating with stakeholders to regularly review this plan, safety measures
and proposing any timely adjustment to the construction reality;
b) Instructing employees to
identify dangerous factors that may cause accidents and measures to prevent
accidents at construction site; requiring employees to properly and adequately
use personal protective equipment when they are at work; inspecting and
supervising the compliance with the occupational safety requirements of
employees; managing the number of employees working at construction sites;
c) When detecting violations of the
regulations on occupational safety management or risks of occupational
accidents or incidents causing occupational unsafety, measures must be taken to
promptly handle and correct these issues; deciding on the suspension of the
works posing risks of occupational accidents or incidents causing labor
unsafety; suspending employees who fail to comply with safety technical
measures or violate regulations on the use of personal protective tools and
means at construction site from being engaged in construction works and
reporting to the construction foreman or the project director;
d) Participating in rescue of
victims or mitigation of consequences of occupational accidents or incidents
causing unsafety at work.
Article 14.
Responsibilities of investors
1. Selecting organizations and individuals
fully meeting the prescribed capacity conditions to perform construction works,
supervising construction works (if any), conducting construction experiments
and assessing the quality of the work ( if any) and performing other
construction consulting works.
2. Handing over the site to the
construction contractor in accordance with the construction schedule and the
provisions of the construction contract.
3. Checking the conditions for
starting construction works according to the provisions of Article 107 of Law
No. 50/2014/QH13, which is amended and supplemented in Clause 39, Article 1 of
Law No. 62/2020/QH14. Announcing project commencement in accordance with the
construction law and by using the sample commencement notice specified in
Appendix V of this Decree. In case the work is subject to the pre-commissioning
test as prescribed in Clause 1, Article 24 of this Decree, the commencement
notice must be sent concurrently to the specialized construction agency that is
accorded relevant authority.
4. Taking charge of construction
supervision as prescribed in Article 19 herein.
5. Establishing the construction
management system and notifying the duties and powers of individuals in the
construction management system of the investor or the construction supervision
contractor (if any) to the relevant contractors. Allocating appropriate human
resources to carry out construction supervision, safety management; checking
whether the mobilization and allocation of manpower of the construction
supervision contractor conform to the construction contract's requirements (if
any). Persons in charge of safety at workplace that are employed by investors
must major in occupational safety or construction engineering, and meet other
regulations of the laws on occupational safety and hygiene.
6. Checking and approving the
overall and detailed construction progress schedule of construction items
prepared by the contractor to ensure compliance with the approved construction
progress schedule. Adjusting the construction progress schedule when necessary
according to the provisions of construction contracts.
7. Checking and certifying the
volume which has been checked and accepted according to the regulations and the
arising volume according to the provisions of the construction contract (if
any).
8. Reporting on safety measures to
the specialized construction agency as prescribed in Clause 4, Article 52 of
this Decree in case the construction project has a dangerous area that greatly
affects community safety.
9. Conducting the controlled
experiment and quality inspection of construction project constituents, items
and construction works according to the provisions in Article 5 of this Decree.
10. Organizing project
commissioning.
11. Organizing the preparation of
project completion documentation.
12. Temporarily suspending or
terminating the construction works of construction contractors when they deem
that the construction quality does not meet technical requirements;
construction measures are unsafe; violations against regulations on management
of workplace safety cause or pose risks of occupational accidents or incidents
leading to occupational unsafety.
13. Presiding over, and cooperating
with concerned parties in, solving problems arising in the construction works;
reporting, handling and mitigating consequences of accidents taken place at
construction works, incidents causing occupational unsafety; cooperating with
competent agencies in handling incidents at construction works, investigating
machine and equipment breakdowns or failures according to the provisions of
this Decree.
14. Organizing the implementation
of regulations on environmental protection at construction works in accordance
with the law on environmental protection.
15. Preparing reports and sending
them to the specialized construction agency to examine the pre-commissioning
test according to the provisions of this Decree.
16. Investors may have the autonomy
in supervising one, several or all of regulations laid down in clause 3 through
clause 7 of this Article if they meet the capacity conditions, or may hire
consultancy agencies meeting legally prescribed requirements to do so; shall be
responsible for inspecting the compliance of hired contractors according to
terms and conditions of construction contracts and relevant regulations of
laws.
17. Persons in charge of
occupational safety of construction contractors shall assume the following
responsibilities:
a) Supervising contractors'
implementation of safety regulations at construction sites;
b) Organizing cooperation amongst
contractors on the safety management and solving occupational safety issues
during the construction period;
c) Temporarily suspending or
terminating construction activities when detecting signs of violation against
safety regulations during the construction period.
Article 15.
Responsibilities of employees and workers for compliance with requirements
concerning safety at construction sites
Employees of entities participating
in construction activities, while operating at construction sites, must comply
with the following regulations:
1. Implement employees’
responsibilities under laws on occupational safety and hygiene.
2. Reporting to competent persons
when detecting risks of occupational unsafety during the construction process.
3. Refusing to perform the assigned
work if they see that such work causes occupational unsafety or they are not
provided with adequate personal protective equipment as legally prescribed.
4. Only agreeing to perform the
works with strict requirements on occupational safety and hygiene after being
trained in occupational safety and hygiene (OSH) practices and granted OSH
cards.
5. Participating in rescue of
victims or mitigation of consequences of occupational accidents or incidents
causing unsafety at work.
6. Implementing other
responsibilities under laws on occupational safety and hygiene.
Article 16.
Management of machinery and equipment subject to strict occupational safety and
hygiene requirements
1. Machinery and equipment subject
to strict occupational safety requirements which are used in construction works
must undergo technical safety testing and inspection conducted by qualified
organizations and individuals in accordance with the laws on occupational
safety and hygiene.
2. Organizations and individuals
participating in technical inspection of occupational safety must use online
software to manage the inspection database (hereinafter referred to as
software) specified in Clause 3 of this Article to update the database with
latest information about machines and equipment subject to strict requirements
on occupational safety that are used for construction activities after having
been tested.
3. The Ministry of Construction
shall assume the following responsibilities:
a) Developing, managing, updating
software and instructing, requiring organizations and individuals engaged in
the technical inspection of occupational safety to use the software;
b) Publishing information about the
organizations granted the Certificates of conformance to regulations on
provision of the technical inspection of occupational safety on the software;
c) Publishing information about
individuals who are granted Certificates of inspector on the software.
Article 17.
Construction quantity management
1. The construction must be carried
out according to the approved design documentation.
2. The quantity of construction
works must be calculated and agreed by the investor, the contractor carrying
out construction activities or providing supervisory consultancy based on the
time or the stage of construction, and must be compared with the approved
design quantity as a basis for the pre-commissioning test and contractual
settlement activities.
3. When there is any quantity
arising out of the approved design or the bill of quantities, the investor, the
construction supervisor of the investor, the design consultant and the
construction contractor must consider how to handle it. The quantity that the
investor or the investment decision maker authorizes or approves shall serve as
a basis for payment or settlement of obligations under construction contracts.
4. Any act of false statement,
overstatement of the quantity or collusion between stakeholders that leads to
the false payment volume must be strictly prohibited.
Article 18.
Construction progress management
1. Before the commencement of a
construction project, the contractor must set the construction schedule which
is based on the contract performance period and the overall execution schedule
of the project, and is approved by the investor.
2. The execution schedule of a
large construction project with a long construction period must be set for each
period of execution, including month, quarter or year.
3. The investor, the construction
supervision division of the investor, the construction contractor and other
stakeholders shall be responsible for monitoring and supervising the
construction progress of the construction project and adjusting the execution
schedule in case the construction works in certain phases are prolonged without
affecting the overall project progress.
4. On realizing that the overall
project progress is prolonged, the investor must report to the investment
decision maker to adjust the overall project execution schedule.
Article 19.
Construction supervision
1. Construction projects must be
supervised during the construction period in accordance with Clause 1, Article
120 of Law No. 50/2014/QH13. The construction supervision involves:
a) Checking the relevance of the construction
contractor's capacity for that stated in the bidding documents and construction
contracts, including: manpower, equipment, specialized laboratories, quality
management systems of construction contractors;
b) Comparing the contractor's
construction method with the approved construction method design. Approving the
general safety plan and detailed safety assurance measures for specific works
or those with high risks of occupational unsafety at construction sites;
c) Considering acceptance of the regulations
laid down in Clause 3, Article 13 of this Decree submitted by the contractor
and requesting the construction contractor to modify those during the
construction process to adapt to the reality and contractual terms and
conditions. Where necessary, investors shall agree in construction contracts
with contractors on authorizing construction supervision contractors to
formulate and request construction contractors to implement the above
regulations.
d) Carrying out the inspection and grant
approval of building materials, components, products and equipment for use in
construction projects;
dd) Inspecting and pushing
construction contractors and other contractors to carry out the construction
works at construction sites as required by construction designs and
construction schedules of the works;
e) Supervising the implementation
of regulations on safety management of construction activities; supervising
safety measures for adjacent construction works and observations at
construction sites;
g) Requesting investors to adjust
the detailed design whenever detecting any errors and irrationalities in that
design;
h) Requesting contractors to
temporarily suspend or terminate the construction works when realizing that the
construction quality does not meet technical requirements; construction
measures are unsafe; violations against regulations on management of
occupational safety cause or pose risks of occupational accidents or incidents
leading to occupational unsafety; presiding over, and cooperating with
stakeholders in, settling problems arising in the process of construction and
cooperating in handling and mitigating consequences of incidents in accordance
with this Decree;
i) Examining and evaluating the
results of test of construction materials, components and products during the
construction process and other relevant documents necessary for the
pre-commissioning test; verifying and confirming as-built drawings;
k) Conducting the controlled
experiment and quality inspection of construction project constituents, items
and construction works according to the provisions of Article 5 of this Decree
(if any);
l) Carrying out pre-commissioning
tests as prescribed in Articles 21, 22 and 23 of this Decree; inspecting and
confirming the completed construction quantities;
m) Performing other tasks
prescribed in construction contracts.
2. Investors may have the autonomy
in supervising construction if they meet the capacity conditions, or may hire
consultancy agencies meeting legally prescribed requirements to supervise the
compliance with one or several or all of the regulations laid down in clause 1
of this Article.
3. Under an EPC contract or turnkey
contract, responsibilities for construction supervision shall be subject to the
following regulations:
a) The general contractor shall be
responsible for supervising the work performed on its part and the work
performed by a subcontractor. The general contractor may have the autonomy in
supervising construction or hire a consultancy agency meeting legally prescribed
requirements to supervise the compliance with one or several or all of the
regulations laid down in clause 1 of this Article, which must be prescribed in
the construction contract between the general contractor and the investor;
b) The investor shall be
responsible for inspecting the general contractor's implementation of
construction supervision. The investor shall be entitled to appoint a
representative to participate in the inspection and pre-commissioning testing
of the construction project and the important phase of transition of
construction steps, which must be agreed upon in advance with the general
contractor in the inspection and pre-commissioning test plan according to
regulations laid down at Point d, Clause 3, Article 13 of this Decree.
4. The organization performing the
supervision of compliance with regulations specified in Clause 2 and point a,
Clause 3 of this Article must develop a quality management system and have
sufficient personnel to perform the supervision at the construction site in
accordance with the scope and requirements of the supervision work. Depending
on the scale, nature and engineering conditions of the construction project,
the personnel structure decided by the construction supervision organization
should include the chief supervisor and supervisors. Persons rendering the
construction supervision under the control of the above organization must have
a construction supervision practicing certificate relevant to the training
major and grade of the construction project.
5. Organizations and individuals
rendering the construction supervision must make reports on their construction
supervision results that contain information specified in Appendix IV of this
Decree to investors, and take responsibility for the accuracy, truthfulness and
objectivity of these given information. A report may be made in the following
cases:
a) A periodic report or a report
made over stages of construction is required according to the provisions of
Appendix IVa of this Decree. The investor shall regulate the formulation of a
periodic report or a report over stages of construction, and the reporting
time;
b) A report on the
pre-commissioning test of the construction project at a stage, the
pre-commissioning test of the completion of a construction package, item and
construction work is required, subject to the provisions of Appendix IVb of
this Decree.
6. In case where the investor, EPC
contractor or other general contractor winning a turnkey contract exercises the
autonomy in carrying out both the construction supervision and construction,
the investor and the general contractor must establish a construction
supervision unit independent from the construction unit.
7. For the construction projects
using public investment capital and state capital other than public investment
capital:
a) The construction supervision
organization must be independent from the construction contractor and the
contractor manufacturing, producing and supplying materials, products,
components and equipment used in construction works;
b) The construction supervision
organization shall not be allowed to participate in the quality inspection of
the construction work under their supervision;
c) The contractor manufacturing,
producing and supplying materials, products, components and equipment used for
a construction project shall not be allowed to participate in the quality
inspection of products created by using materials and products that they
supply.
8. As for PPP projects, contracting
authorities shall assume the following responsibilities:
a) Verifying information about the
contractor’s capacity and experience to check whether such information is
consistent with the invitation for bid or the request for proposals, and the
contractor selection results for the project's packages (if any);
b) Checking whether the
implementation of the construction supervision conforms to the contents of the
protocol and supervision objectives and the provisions of this Decree; checking
the compliance with technical regulations and standards applicable to each
construction project, technical regulations of design documentation during the
construction process.
Contracting authorities organize
the formulation and approval of the inspection plans, containing information
about the inspection scope, inspection contents, number of tests, and other
requirements relevant to the inspection work to be performed and arrangements
made in project contracts;
c) Requesting PPP project
enterprises to request supervision consultants or construction contractors to replace
personnel that fail to meet the capacity requirements specified in the
invitation for bid, the request for proposals and regulations of construction
laws;
d) Requesting PPP project
enterprises to temporarily suspend or suspend the construction of works when
detecting any incident causing the construction unsafety, any sign of violation
of regulations on load-bearing safety, fire prevention and fighting, schools
affect human lives, safety of the community, safety of adjacent works, and
requiring contractors to take remedial actions before resumption of
construction activities;
dd) Inspecting the quality of
construction project constituents, items and the entire construction project
when there are any quality-related suspicion or upon the request of state
regulatory authority. The contracting authority shall undertake the selection
and approval of the construction testing contractor selection results according
to the provisions of the law on bidding; inspecting the inspection performance
according to regulations;
e) Taking part in the
pre-commissioning test of the completed construction items and construction
works before putting them to use according to the provisions of Article 23 of
this Decree;
g) Inspecting the quality of the work
as a basis for eligibility for transfer under the BOT or BLT project contract
upon expiry of the service business or lease period.
Article 20.
Author's supervision carried out by design contractors during the construction
period
1. The contractor making the
construction design shall be charged with carrying out the author’s supervision
at the investor’s request and in compliance with the construction contract.
2. Tasks involved in the author’s
supervision:
a) Explaining and clarifying
detailed design documents at the request of the investor, the construction
contractor or the construction supervision contractor;
b) Cooperating with the investor
upon request in solving design problems and issues during the construction
process; adjusting the design to the actual construction conditions, and
handling irrationalities arising in the design upon the request of the
investor;
c) Promptly notifying the investor
and recommending actions to be taken when discovering that the construction
contractor's work is not conformable to the approved design;
d) Participating in the
pre-commissioning test of the construction project at the request of the
investor. In case of detecting that construction products or items fail to meet
pre-commissioning test requirements, they must promptly raise their written
opinions about this situation to the investor.
Article 21.
Pre-commissioning tests
1. Based on the plan for testing
and inspection of construction works and the actual construction schedule at the
construction site, the person directly supervising the construction and the
person directly in charge of construction techniques of the construction
contractor can carry out the pre-commissioning test of construction works and
take responsibility for the results of the evaluation of the quality of
construction works that are completed and undergo the pre-commissioning test.
Pre-commissioning test results must be endorsed in a report.
2. Construction supervisors must
refer to the approved documentation on the construction drawing, technical
regulations, applied technical regulations, and results of quality inspection
and testing of building materials and equipment which are made available during
the construction process and related to the tested objects to check the
construction works subject to the pre-commissioning test requirements.
3. Construction supervisors must
conduct the pre-commissioning test of construction works within 24 hours after
receipt of the construction contractor's request for the pre-commissioning test
of construction works. In case of refusal of the request for the
pre-commissioning test, the written notification clearly stating the reasons
for such refusal must be sent to the construction contractor.
4. The written report on the pre-commissioning
test of specific construction works or multiple construction works in a
construction item shall be made in order of construction activities, and
containing the following main information:
a) Description of the tested work;
b) Testing location and time;
c) Signatories of the test report;
d) Pre-commissioning test
conclusions, clearly stating whether or not to accept the pre-commissioning
test results; consent to proceeding to the following work; request for repair
and completion of the work performed and other requirements (if any);
dd) Signature, full name, title of
the signatory to the pre-commissioning test report;
e) Appendices (if any).
5. Signatories of the test report:
a) Person directly supervising
construction activities of the investor;
b) Person in charge of construction
technical methods of the construction contractor or the contractor or the main
contractor;
c) Person in charge of construction
technical methods of the subcontractor is a signatory if the general contractor
or the main contractor involves in the test.
6. Signatories to the
pre-commissioning test report in case of application of an EPC contract:
a) The person directly supervising
the construction of the EPC contractor or the person directly supervising the
construction of the investor with respect to the work under his/her supervision
according to the provisions of the contract;
b) Person in charge of construction
technical methods of the EPC contractor.
In case where the EPC contractor
hires a subcontractor, the person directly in charge of the construction
technical methods of the EPC contractor and the person directly in charge of
the construction technical methods of the subcontractor shall sign the
pre-commissioning test report;
c) The investor’s representative is
a signatory if there is an agreement with the general contractor (if any).
7. Signatories to the
pre-commissioning test report in case of application of a turnkey contract:
a) Person directly supervising
construction activities of the general contractor;
b) Person in charge of construction
technical methods of the general contractor.
8. In case where the contractor is
a consortium, the person directly in charge of the construction of each
consortium member signs the test report on the work that they perform on their
part.
Article 22.
Pre-commissioning testing at the construction stage, or of the construction
project constituent
1. Based on the specific conditions
of each project, the investor and related contractors may, of their own choice,
reach agreement on the organization of the pre-commissioning test at the
construction phase or of the construction project constituent in the following
cases:
a) At the end of a construction
phase or upon completion of a construction project constituent, it shall be
necessary to carry out the inspection and the pre-commissioning test to assess
the quality before moving to the next construction stage;
b) Upon completion of a
construction package.
2. The pre-commissioning test at a
construction stage or of a construction project constituent shall be carried
out on the basis of checking whether the results of the works which have been
tested as prescribed in Article 21 of this Decree, results of the test,
inspection, experiment or test run are conformable to technical requirements
according to construction design regulations and legislative documents in
accordance with relevant laws during the construction stage for the purpose of
assessment of pre-commissioning test conditions of agreements between the
involved parties.
3. Investors and related
contractors may, of their own accord, reach agreement on the time of the
pre-commissioning test, the order, contents, conditions and participants in the
pre-commissioning test. In such case, test results must be endorsed in report.
Article 23.
Tests of completion of construction items or projects before putting them into
operation
1. Tests of completion of
construction items or projects:
Before putting them into operation,
an investor shall be responsible for undertaking and directly participating in
tests of all of construction items or the entire project if the following
requirements are satisfied:
a) The construction works are
completely and fully performed according to the approved design documents;
b) The test of construction works, project
constituents, and at the construction stage is fully conducted in accordance
with Articles 21 and 22 of this Decree;
c) Results of the test, inspection,
experiment or test run conform to technical requirements set out in
construction design rules;
d) Complying with legislative
regulations on fire prevention and fighting, environmental protection and other
relevant provisions of laws.
2. The conditional test or the test
of specific constituents of the construction project:
a) The investor may decide to
conduct the conditional test before putting a construction item or construction
project into temporary operation in case the basic construction work has been
completed according to the design requirements, but there are still some issues
related to quality that do not affect the load-bearing capacity, longevity and
usability of the work; the project meets eligibility requirements for operation
and comply with relevant specialized laws. Commissioning test results must be
endorsed by the written report containing information prescribed in Clause 6 of
this Article, clearly specifying quality-related issues that need to be dealt
with or construction works to be continued and the time or duration of
completed mitigation or completion of construction works, and requirements
concerning the scope of service of a construction project (if any). The
investor shall undertake the test for the completion of the construction
project after quality-related issues are successfully handled or the remaining
construction works are completed;
b) In case where a constituent of
the construction work is completed and meets the conditions specified in Clause
1 of this Article, the investor may decide to conduct the pre-commissioning
test of this constituent before putting it into temporary operation.
Pre-commissioning test results must be certified by a report containing the
information specified in Clause 6 of this Article which must clearly elaborate
on the project constituent to be tested. The investor shall be responsible for continuing
to finish and test the rest of constituents or construction items according to
the design requirements. The process of finishing the rest must ensure safety
and not affecting the normal exploitation and operation of the tested
construction constituent.
3. Conditions for bringing the
construction project or construction project item into operation or in use:
a) They are tested as per Clause 1
and 2 of this Article;
b) As for the construction projects
specified in Clause 1, Article 24 of this Decree, the pre-commissioning tests
thereof must be inspected by the competent state authorities specified in
Clause 2, Article 24 of this Decree and results of the test specified at
Point a of this Clause must obtain the written approval granted by investors. For
the construction projects using public investment capital or state capital
other than public investment capital, investors shall only be allowed to settle
construction contracts after obtaining the abovestated written approval of test
results. For the construction works constituting a PPP project, the
above-stated written approval of the pre-commissioning test results shall serve
as a basis for the PPP project enterprise to prepare request documentation for
work completion certification.
4. In a construction project, if
certain major specifications and parameters fail to match design requirements
and it is not or has not yet been eligible for the completion test or the
conditional test referred to in Clauses 1 and 2 of this Article, the following
actions shall be taken:
a) The investor and the contractor
must clarify technical specifications and parameters that do not conform to the
design requirements; determine responsibilities of organizations and
individuals involved and handle violations according to the provisions of the
construction contract;
b) In this case, only traffic works
or works that provide essential technical infrastructure facilities for
community benefits shall be considered to be brought into operation or in use
after technical parameters, conditions for putting construction projects into
operation or in use must be re-assessed; the investment decision maker grants
approval; and the competent state authority gives their opinions in accordance
with relevant laws.
5. The investor and related
contractors may reach agreement on the time of the pre-commissioning test, the
order and contents of the test. After that, test results must be endorsed in a
report. Report contents and signatories are regulated in clause 2, 6 and 7 of
this Article.
6. The report on the test for
completion of a construction project item or work must include the following
information:
a) Title of the tested construction
item or project;
b) Testing location and time;
c) Signatories of the test report;
d) Assessment of the satisfaction
of the test conditions specified in Clause 1 of this Article and the
conformability of the tested construction item and project to the design
requirements, technical instructions and other requirements of the construction
contract;
dd) Test conclusion (agreeing or
disagreeing the test for completion of the construction item, construction
work; requesting repair, further completion and other opinions (if any));
e) Signature, full name, title and
stamp of the legal entity of the signatory to the test report;
g) Appendices (if any).
7. Signatories of the test report:
a) Legal representative of the
investor or the authorized person;
b) Legal representative of the
construction supervision contractor or the chief supervisor;
c) Legal representative,
construction foreman or project director of the main construction contractor or
the general contractor (under the general contract); In case the contractor is
a consortium, the legal representative, construction foreman or project director
of each consortium member;
d) Legal representative and design
manager of the contractor that will be signatories at the request of the
investor;
dd) Legal representative of the
authority having competence in signing the project contract or an authorized
person under the public-private partnership contract.
Article 24.
Inspection of the pre-commissioning test or commissioning of construction
projects
1. Construction projects must be
subject to the inspection of the pre-commissioning test or test for completion
prescribed in clause 45 of Article 1 of the Law on 62/2020/QH14 by the
competent regulatory authorities regulated in clause 2 of this Article. The
following construction works and projects shall be subject to such inspection:
a) Construction works of national
important projects; large-scale and complex technical works as prescribed in
Appendix VIII of this Decree;
b) Construction works using public
investment funds;
c) Construction works having great
impacts on the safety and benefits of the community in accordance with the law
on management of construction investment projects other than the works
mentioned at Points a and b of this Clause.
2. Inspection authority:
a) The Council prescribed in
Article 25 herein shall be accorded authority to inspect the construction works
prescribed in point a of clause 1 of this Article;
b) The specialized construction
body directly affiliated to the Ministry in charge of specialized construction
works shall have authority to carry out the inspection with respect to construction
works, irrespective of whether they are funded by investment capital under
their jurisdiction as prescribed in clause 3 of Article 52 herein, including:
Grade-I construction works, special-grade construction works,
construction works assigned by the Prime Minister, construction works located
along routes passing through 2 provinces or more; construction works belonging
to projects subject to investment decisions issued by or under the authority
delegated to central authorities affiliated to political organizations, Supreme
People’s Procuracy, Supreme People’s Court, State Audit, Office of the
President, Office of the National Assembly, Ministries, Ministry-level
agencies, Governmental agencies and central bodies of Vietnam Fatherland Front
and socio-political organizations (hereinafter referred to as Ministries,
central bodies); construction works belonging to projects put under the
authority to issue investment decisions of, or owned by, State economic groups;
except for those specified at Point a of this Clause;
c) Specialized construction
authorities affiliated to provincial-level People's Committees shall inspect
various types of construction works within their respective localities under
their management according to Clause 4, Article 52 of this Decree, except for
the works specified at Point a, point b of this clause; Provincial People's
Committees may decentralize the inspection of the pre-commissioning test to the
specialized authorities affiliated to district-level People's Committees;
d) The Minister of National Defense
and the Minister of Public Security shall regulate the authority to inspect the
works serving national defense and security purposes;
dd) In case a construction
investment project includes multiple construction works or items of different
types and grades that are specified in Clause 1 of this Article, authorities in
charge of the inspection shall be the ones responsible for the inspection of
main construction works or items ranked at the highest grade amongst those of this
construction investment project.
3. Contents and procedures for
inspection of the pre-commissioning test during the construction process and
upon completion of construction with respect to construction works specified at
Point a, Clause 1 of this Article shall be subject to the Council's working
rules set in Clause 1 of Article 25 of this Decree.
4. The inspection by the
specialized construction authority must involve:
a) Inspection of the investor's and
contractor’s compliance with regulations on quality and safety management for
construction activities in accordance with this Decree and regulations of
relevant laws;
b) Inspection of pre-commissioning
testing conditions for completion of construction works before putting them
into operation or in use.
5. Procedures for inspection of the
pre-commissioning test during construction by specialized construction
authorities:
a) After receiving the project
commencement notice from the investor that are prepared according to Appendix V
of this Decree, the specialized construction agency carries out the inspection
no more than 3 times for special-grade and grade-I construction works, and not
more than 02 times for the remaining construction works during the period from
the project commencement date to the project completion date, except as the
project has quality-related problems or issues during the construction process,
or the investor organizes the pre-commissioning test according to the
provisions of Clause 2, Article 23 of this Decree;
b) Based on the investor's update
report, the specialized construction agency decides the time of the inspection
and notifies the investor of the inspection plan; conducts the inspection
involving those specified at Point a, Clause 4 of this Article and sends a
written notice of the results of the inspection during the construction process
to the investor. The time limit for issuing the written notice is no more than
14 days for grade-I, special-grade construction works, and no more than 7 days
for other construction works from the date of inspection.
6. Procedures for the
pre-commissioning test for completion of a construction work or project:
a) 15 or 10 days before the
investor’s proposed date of testing for completion of the special-grade or
grade-I project, or the rest of works prescribed in Article 23 of this
Decree, respectively, the investor must send 01 set of documents to request the
inspection of the pre-commissioning test according to the provisions of
Appendix VI of this Decree to the specialized construction authority;
b) The specialized construction
authority carries out the inspection involving those specified at Point b,
Clause 4 of this Article. In case where the construction work is not inspected
during the construction process according to the provisions of Clause 5 of this
Article, the inspection will be carried out as stated in Clause 4 of this
Article. The written document stating approval of the investor's test results
shall be issued in accordance with the provisions in Appendix VII of this
Decree while the written document stating rejection of the investor’s test
results shall be issued, clearly stating issued that need to be handled. The
time limit for issuing such written document by the specialized construction
authority is not more than 30 days for grade-I, special-grade construction
works, and 20 days for the remaining construction works, from the date of
receipt of the written request for inspection of the pre-commissioning test;
c) During the inspection process,
the competent authority specified in Clause 2 of this Article shall be entitled
to request the investor and stakeholders to explain and address issues (if any)
and request controlled experiments, construction testing and inspection,
bearing capacity testing of construction structures according to the provisions
of Article 5 of this Decree;
d) Competent authorities are
allowed to invite organizations and individuals having appropriate competencies
to participate in the inspection and testing work.
7. The inspection of the pre-commissioning
test by the competent authority specified in Clause 2 of this Article shall not
replace or reduce the investor's responsibility for the quality management of
construction works and the responsibilities of contractors participating in
construction activities for construction quality for the work they perform in
accordance with the law.
8. Costs and expenses for the
inspection of the pre-commissioning test during the construction process and
for completion of construction shall be estimated, appraised and approved by
the investor and included in the total construction investment.
9. The Minister of Construction
shall provide instructions about the costs of inspection of the
pre-commissioning tests during the construction process and for completion of
the construction works.
Article 25.
The Council of inspection of pre-commissioning tests established by the Prime
Minister
1. The Prime Minister shall decide
to establish the Council for State Inspection of Construction Pre-commissioning
Tests (hereinafter referred to as the Council) and regulate the organizational
structure, responsibilities, powers and working rules of the Council as
recommended by the Minister of Construction to implement the responsibilities
specified at Point a, Clause 4, Article 123 of Law No. 50/2014/QH13 which is
amended and supplemented in Clause 45, Article 1 of Law No. 62/2020/QH14.
2. Every year, the Council shall
propose the list of works to be tested by the Council to seek the Prime
Minister's approval.
3. Ministries, Ministry-level
agencies, Governmental bodies, provincial People’s Committees, and other
entities or individuals concerned, shall be responsible for cooperating with
the Council in performing the Council’s tasks.
Article 26.
Preparation and archival of project completion documentation
1. Investors must undertake the
preparation of construction completion documentation according to the
provisions of Appendix VIb of this Decree before putting construction works or
projects into operation or in use.
2. Construction completion
documentation shall be made once for the entire construction investment project
if the construction works (items) belonging in projects are put into operation
or in use at the same time. In case where construction works (items) of a
project are put into operation or in use at different time, construction
completion documentation can be made for each of these works (items).
3. Investor shall undertake the
preparation and archival of construction completion documentation. The entities
involved in construction investment activities will keep records and documents
related to the works they perform on their part. If there is none of originals,
main copies or legitimate duplicates thereof may be used instead. Particularly
for residential buildings and monuments, the archival must also be subject to
the law on housing and the law on cultural heritage.
4. The minimum period of archival
or retention of documents and records shall be 10 years for construction works
of group-A projects, 07 years for construction works of group-B projects and 05
years for construction works of group-C projects from the date on which these
construction items and works are put to use.
5. Documents and records submitted
as archives of construction projects shall comply with the provisions of law on
archival.
Article 27.
Delivery of construction works or projects
1. The delivery of construction
works and projects shall be subject to regulations laid down in Article 124 of
the Law No. 50/2014/QH13, which is amended and supplemented in clause 46 of
Article 1 in the Law No. 62/2020/QH14.
2. Depending on the specific
conditions of each construction work, each completed project constituent or
each construction item that is completed and tested according to regulations
can be delivered and put into operation at the request of the investor or the
operator.
3. Investors shall undertake the
preparation of 01 set of documents serving the purposes of management,
operation and maintenance of construction works or projects in accordance with the
provisions of Appendix IX of this Decree, and delivery thereof to owners or
managers or users thereof during the process of such delivery. Owners or
managers or users of construction works shall be responsible for retaining and
archiving delivery documentation during the process of operation and use of
such construction works.
4. In case of partially putting
construction works into operation or in use, investors shall undertake the
preparation of construction completion documentation, the preparation and
handover of documentation serving the purposes of management, operation and
maintenance of the part of construction work to be put to use.
Chapter III
WARRANTY, MAINTENANCE
AND DEMOLITION OF CONSTRUCTION WORKS
Section 1.
CONSTRUCTION WARRANTY
Article 28.
Construction warranty requirements
1. Construction contractors and
equipment supply contractors shall be responsible to investors for the warranty
for the works they perform on their part.
2. In the construction contract, the
investor must agree with the contractors involved in the construction work on
the rights and responsibilities of the parties regarding the construction
warranty; period of warranty for the construction work, equipment,
technological equipment; warranty method and form; warranty coverage; custody,
use, and refund of warranty expenses, collateral, pledged property or other
forms of guarantee having equivalent value. The above contractors shall only be
entitled to refund of the warranty expenses, collateral, collateral, pledged
property or other forms of guarantee after the expiration of the warranty
period, and obtaining the investor’s confirmation of discharge of warranty
liabilities. For construction works using public investment capital or state
capital other than public investment capital, monetary warranty or letter of
guarantee for warranty issued by banks may be accepted. The warranty period and
coverage shall be specified in Clauses 5, 6 and 7 of this Article.
3. Depending on the specific
conditions of each construction work, the investor may agree with the
contractor on a separate warranty period for one or several construction items,
construction or equipment installation bids in addition to the overall warranty
period for the entire construction project as prescribed in Clause 5 of this
Article.
4. The period of warranty for
construction works in progress that have quality-related defects or incidents
that have been repaired and remedied by the contractor may be extended on the
basis of agreements between the investor and the construction contractor before
the pre-commissioning test thereof.
5. The warranty period for new or
renovated or upgraded construction works or projects shall start from the date
of the investor’s pre-commissioning test in accordance with regulations and
shall be regulated as follows:
a) Not less than 24 months for
special-grade and grade-I construction works using public investment capital or
state capital other than public investment capital;
b) Not less than 12 months for construction
works at other grades using public investment capital or state capital other
than public investment capital;
c) The warranty period for
construction works using other capital which can be determined with reference
to the provisions of Points a and b of this Clause.
6. The warranty period for
construction equipment, technological equipment shall be determined under the
construction contract but not shorter than the warranty period as prescribed by
the manufacturer and shall be calculated from the date of the test of
completion of equipment installation and operation activities.
7. For construction works using
public investment capital or state capital other than public investment
capital, the minimum warranty coverage shall be regulated as follows:
a) 3% of contract value with
respect to special-grade and grade-I construction works;
b) 5% of contract value with
respect to construction works at the remaining grade;
c) The warranty coverage for
construction works using other capital which can be determined with reference
to the minimum warranty coverage prescribed in Points a and b of this Clause.
Article 29.
Liabilities of entities involved in construction warranties
1. During the validity period of
warranty for a construction work, when detecting any damage or defect, the
investor must, and the owner or the manager or the user of that construction
work must report to the investor to, request the construction contractor or the
equipment supply contractor to implement warranty procedures.
2. The construction contractor and
equipment supply contractor shall have the burden of discharging warranty
obligations to the work they perform on their part after receiving the warranty
claim from the investor, the owner or the manager or the user of the construction
work with respect to any damage occurring during the warranty period, and
bearing all costs associated with the warranty claim payments.
3. The construction contractor or
equipment supply contractor shall have the right to refuse to take warranty
responsibilities in cases where damage or defect is caused through no fault of
their own or due to force majeure events prescribed under the construction
contract. In case damage or defect is caused through the contractor's fault but
the contractor does not carry out their warranty obligations, the investor
shall have the right to use the warranty sum to hire another organization or
individual to perform their warranty obligations. The investor, the owner or
the manager or the user of a construction work shall be responsible for
complying with regulations on operation and maintenance of the construction
work in the course of operation and use of such work.
4. The investor shall be
responsible for inspecting and testing the implementation of the warranty
obligations by the construction contractor and the equipment supply contractor.
5. Certifying the completed
warranty for construction works:
a) Upon expiry of the warranty
period, the construction contractor and the equipment supply contractor shall
make a report on completion of implementation of warranty obligations and send
it to the investor. The investor shall be responsible for certifying the
completion of implementation of the warranty obligations for the construction
work to the contractor in writing and refunding the warranty sum (or releasing
the letter of guarantee having equivalent value from the bank) to the
contractors in case where results of inspection and testing of warranty
performance of the construction contractor or the equipment supply contractor in
Clause 4 of this Article are satisfactory;
b) The owner or the manager or the
user of that construction work must take part in granting the certificate of
completion of warranty for the construction work to the construction contractor
or the equipment supply contractor at the investor’s request.
6. The construction survey
contractor, the construction design contractor, the construction contractor,
the construction equipment supply contractor and other relevant contractors
shall be responsible for the quality of the work performed on their part even
after expiry of the warranty period.
7. For housing construction works,
contents, requirements, responsibilities, forms, values and warranty periods
must comply with the housing law.
Section 2.
CONSTRUCTION MAINTENANCE
Article 30.
Steps in maintenance of construction works
1. Formulating and approving the
construction maintenance procedures.
2. Making the plan and cost
estimate for the construction work.
3. Carrying out the maintenance and
quality management of maintenance work.
4. Assessing the safety for the
construction work.
5. Preparing and handling
construction maintenance documentation.
Article 31.
Construction maintenance procedures
1. Subject matters of maintenance of
construction works, including:
a) Technical specifications,
technology of the construction project, constituent and construction equipment;
b) Regulations on the object,
method and frequency of construction inspection;
c) Regulations on contents of and instructions
on maintenance of the work in accordance with each construction constituent,
type of work and equipment installed in the work;
d) Regulations on the time of and
directions for the periodic replacement of equipment installed in the
construction work;
dd) Directions for the method of
repair of the damaged construction works, handling of the degraded construction
works;
e) Regulations on the useful life
of the construction work, project constituents, construction items and
equipment installed in the construction work;
g) Regulations on the contents,
method and time of the initial assessment and frequency rate of assessment of
construction works subject to the safety assessment in the course of use and
operation in accordance with applicable technical regulations and standards and
provisions of relevant laws;
h) Determining the time, subject
matters and contents of the periodic inspection;
i) Regulations on the time, method
and cycle of observation of the construction works subject to the observation
requirements;
k) Regulations on construction
maintenance records and information updating for construction maintenance
records and documents;
l) Other instructions related to
the maintenance of construction works and regulations on the conditions to ensure
conformance occupational safety and environmental hygiene requirements during
the maintenance of construction works.
2. Responsibilities for
establishment and approval of construction maintenance procedures:
a) The construction design
contractor formulates and hands over to the investor the construction
maintenance process, construction constituents together with design documents
deployed after the initial design stage; updates the maintenance process to
suit the design changes in the construction process (if any) before the
construction item or construction work is tested before being put to use;
b) The contractor supplying
equipment to be installed in the construction project prepares and hands over
to the investor the maintenance process for the equipment that they supply
before installation thereof at the construction project;
c) In case where the construction
design contractor or the equipment supply contractor cannot establish the
maintenance process, the investor may hire another qualified consultant to
develop the maintenance procedures for the project for those specified at
Points a and b of this Clause and shall be responsible for paying consulting
costs;
d) The investor undertakes the
preparation and approval of the maintenance procedures according to the
provisions of Point b, Clause 1, Article 126 of the Law No. 50/2014/QH13
amended and supplemented at Point a, Clause 47, Article 1 of Law No.
62/2020/QH14. The investor, the owner or the manager or the user of the
construction work may hire a qualified consultant to assess a part or the whole
of the construction maintenance procedures designed by the design contractor as
a basis to seek approval.
3. For construction works which
have been put into operation or in use, if there is no maintenance procedures,
the owners or the managers or the users of such works shall formulate and
approve the construction maintenance procedures, possibly undertaking
construction inspection as a basis for establishing maintenance procedures for
them if necessary. In the maintenance procedures, the remaining useful life of
each construction work, project constituent, item and equipment installed at
the construction work must be clearly identified.
4. It shall not be mandatory to
establish the separate maintenance procedures for each grade-III or lower-grade
construction work, detached house and temporary construction work, unless
otherwise prescribed by law. The owners or the managers or the users of these
construction works shall be responsible for maintaining them in accordance with
regulations on maintenance of construction works laid down herein.
5. In case there are standards for
maintenance or the similar maintenance procedures for construction works, the
owners or the managers or the users of such works can apply them to the works
without needing to set up the separate maintenance procedures.
6. Adjustment in the procedures for
maintenance of construction works:
a) The owner or the manager or the
user of a construction work is entitled to adjust the maintenance procedures
when detecting unreasonable factors that may affect the quality of the work,
causing impacts on the operation and use of the work, and shall be responsible
for their decision;
b) The contractor formulating the
maintenance procedures is obliged to modify, supplement or change irrational
contents of the maintenance procedures if such irrationality is caused through
his fault, and has the right to refuse any unreasonable request for adjustment
of the maintenance procedures from the owner or the managers or the user of the
construction work;
c) The owner or the manager or the
user of the construction work has the right to hire another qualified
contractor who is capable of modifying or supplementing the maintenance
procedures in case the contractor formulating the initial maintenance
procedures fail to do so. The contractor modifying or supplementing the
construction maintenance procedures must be responsible for the quality of the
work that they perform;
d) As for construction works where
maintenance technical standards are used for performing maintenance work, if
these standards are modified or replaced, the owner or the manager or the user
of the construction work shall be responsible for performing the maintenance
work according to the updated maintenance procedures;
dd) The owner or the manager or the
user of the construction work shall be responsible for approving the
adjustments of the maintenance procedures, unless otherwise prescribed by law.
Article 32.
Construction maintenance plan
1. The owners or the managers or
the users of these construction works develops the annual construction
maintenance plan based on the approved maintenance procedures and the actual
conditions of the construction work.
2. The construction maintenance
plan must include the following information:
a) Involved activities;
b) Execution time;
c) Execution method;
d) Execution costs.
3. The maintenance plan may be
modified or supplemented during the execution process. The owner or the manager
or the user of the construction work shall decide any modification or
supplementation of the construction work.
Article 33.
Carrying out the maintenance of construction works
1. The owner or the manager or the
user of the construction work has the autonomy in conducting the inspection,
servicing and repair of the construction work according to the approved work
maintenance procedures if they meet eligibility conditions, or may hire another
qualified organization to render the maintenance work.
2. Carrying out the regular, periodic
and irregular inspection to promptly detect signs of degradation or damage to
the construction work, and equipment installed in the construction work as a
basis for the servicing of the construction project.
3. Construction servicing is
performed according to the approved annual maintenance plan and construction
maintenance procedures.
4. Repair of construction works,
including:
a) Periodic repair of construction
works involves the repair of any defect or replacement of damaged constituents
or equipment installed in these works which is carried out in a periodic manner
as prescribed in the maintenance procedures;
b) The ad-hoc repair of a
construction work is made when a part or the whole of the construction work is
damaged due to unexpected events, such as wind, storm, flood, earthquake,
collision, fire and others, or when a part or the whole of the construction
work is likely degraded to the extent of adverse effects on safety for use,
operation and exploitation of this work.
5. The quality inspection shall be
carried out to assist in the construction maintenance of a construction work
when:
a) The periodic maintenance is
carried out according to the approved construction maintenance procedures;
b) It is discovered that a part or
the whole of the construction work is damaged or likely causes danger or
unsafety for the operation and use of the construction work;
c) There is a request for
assessment of the current quality of the construction work assisting in the
formulation of the maintenance procedures for construction works that have
already been put into use without the maintenance procedures;
d) Needing a basis to decide the
extension of the work's useful life with respect to construction works whose
design life has expired or to renovate or upgrade the construction work;
dd) Receiving the requests from
competent regulatory authorities.
6. The construction observation
shall be carried out to assist in the construction maintenance of a
construction work in the following cases:
a) Any incident involving
construction projects of national importance or others may result in
catastrophic consequences;
b) The construction work is likely
collapsed due to subsidence, tilt and other abnormalities;
c) At the request of the investor,
the owner or the manager or the user of the construction work.
The Ministry of Construction and
the Ministry managing specialized construction works shall provide for the list
of the works that must be observed during the process of operating and using
these works.
7. In cases where the work has many
owners, in addition to the responsibility for the maintenance of the part of
the work under their own ownership, the owner shall be responsible for the
maintenance of the part of the work under common ownership in accordance with
relevant laws.
8. As for the construction work
that has not been delivered to the owner or the manager or the user of the
construction work, the investor shall be responsible for making the
construction maintenance plan and carrying out the maintenance of the construction
work according to the provisions of this Article and Article 31 of this Decree.
Article 34.
Management of construction maintenance quality
1. The regular, periodic and ad-hoc
inspection shall be carried out visually or via regular observation data (if
any) or by dedicated test equipment by the owner, the manager or the user of
the construction project where necessary.
2. The construction servicing is
performed step by step according to the construction maintenance
procedures. Results of construction maintenance must be recorded
and documented; the owner or the manager or the user of the construction work
shall be responsible for certifying the completion of maintenance work and
taking control of maintenance activities in the construction maintenance
documentation.
3. The owner or the manager or the
user of the construction work shall undertake the supervision and testing of
the repair work; preparation, management and archival of construction repair
documents in accordance with the law on construction management and other
relevant laws.
4. The repair work must be
warranted for not less than 6 months with respect to grade II or lower-grade
construction works and not less than 12 months with respect to grade I or
higher-grade construction works. Warranty coverage must not be less than 5% of
contract value.
5. The owner or the manager or the
user of the construction work may enter into an agreement with the repair
contractor on warranty rights and responsibilities, warranty period, warranty
coverage for the repair work during the construction maintenance period.
6. In case where the construction
work requires observation or quality inspection, the owner or the manager or
the user of the construction work must hire a qualified organization to perform
these tasks. Where necessity, the owner or the manager or the user of the
construction work can hire an independent organization to assess the review
reports on inspection and observation results.
7. Documentation requirements of
the construction maintenance work:
a) Documents serving the
maintenance work include those on construction maintenance procedures, as-built
drawing, record of equipment installed in the construction work and other
records, documents necessary for the construction maintenance work;
b) The investor shall be
responsible for handing over the construction maintenance documents to the
owner or the manager or the user of the construction work before delivery of
the construction work for operation and use.
8. Construction maintenance
documentation, including:
a) Those documents serving
construction maintenance purposes as stated in clause 7 of this Article;
b) Maintenance plan;
c) Regular and periodic inspection
results;
d) Construction servicing or repair
results;
dd) Construction observation
results and construction quality inspection (if any);
e) Results of assessment of load
bearing and operational safety of the construction work during the period of
operation and use thereof (if any);
g) Other relevant documents.
9. In case of construction projects
under PPP agreements
a) The contracting authority shall
be responsible for inspecting PPP project enterprises’ construction maintenance
activities according to the provisions of this Decree;
b) PPP project enterprises shall be
responsible for the transfer of technologies, handing over maintenance
documents and construction maintenance documents to contracting authorities
before transfer of construction projects according to regulations of project
agreements.
Article 35.
Construction maintenance costs
1. Costs of maintenance of a
construction work are all costs that are determined according to the
requirements of the works to be performed in accordance with the approved
construction maintenance procedures and plan. Maintenance costs may include
one, some or all of the costs incurred from the maintenance of a construction
work according to the requirements of the approved construction maintenance
procedures.
2. Based on the form of ownership
and management and use of the work, the cost of the maintenance work is formed
from one source of capital or a combination of the following sources of
capital: state capital other than public investment capital, regular
expenditure, revenues from the operation and use of construction works; capital
contributed and raised from organizations, individuals and other lawful sources
of capital.
3. Construction maintenance
costs:
a) The costs of execution of the
annual maintenance works, including: Costs incurred from formulating annual
construction maintenance plans and cost estimates; carrying out regular and
periodic construction inspections; project servicing costs determined according
to the annual maintenance plans of construction projects; setting up and
operating the database of construction maintenance; preparing and managing
construction maintenance documentation.
b) Costs of (both regular and
irregular) construction repairs, including the costs incurred from making
repairs for construction work and equipment according to the approved construction
maintenance procedures, and from any necessary addition and replacement of
construction items and equipment to serve the purposes of ensuring the right
functions and safety of construction works during the period of operation and
use.
c) Costs of consulting services for
construction maintenance work, including: Costs incurred from
establishing, examining (in case there is no maintenance procedures) or
adjusting the construction maintenance procedures; inspecting the quality of
construction works as a basis for maintenance work (if any); checking
construction works spontaneously to serve maintenance purposes (if any);
conducting the ad-hoc inspection of construction works as required (if any);
conducting the periodic assessment of the safety of construction works during
the period of operation and use (if any); carrying out the survey with the aim
of creating designs for repair work; making, verifying repair designs and cost
estimates of maintenance; preparing invitations for bid, requests for proposals
and evaluating bid packages and proposals submitted for contractor selection;
supervising construction and repair of construction works, supervising repair
of construction equipment; performing other consulting services;
d) Other costs, including those
necessary to carry out the construction maintenance process, such as audit,
verification before approval of the financial settlement; construction
insurance; evaluation and other related costs;
dd) Overheads incurred from
construction maintenance activities performed by the owner or the manager or
the user of the construction project.
4. Costs of repair of a
construction work or equipment
a) In the case of repair of a
construction work or equipment costing less than VND 500 million from state capital
other than public investment capital and regular state budget expenditure, the
owner or the manager or the user of the construction work shall have autonomy
in deciding the repair plan, containing the following information: the name of
the construction constituent or equipment that needs repairing or replacement;
repair or replacement reasons, repair or replacement targets; quantity of
repair or replacement work; cost estimation, expected execution time and
completion time.
b) In the case of repair of a
construction work or equipment costing VND 500 million or more from state
capital other than public investment capital and regular state budget
expenditure, the owner or the manager or the user of the construction work
shall undertake the preparation, submission for appraisal and approval of the
economic and technical report or the construction investment project in
accordance with the laws on construction investment.
c) In the case of repair of a
construction work or equipment using other funds, the investor or the manager
or the user of the construction work shall be encouraged to consult and apply
the regulations specified at Points a and b of this Clause in order to
determine costs of repairing that construction work or equipment.
5. With respect to the annual
maintenance costs (not including the costs of repairing a construction work or
equipment), the investor or the manager or the user of the construction work
shall take charge of the preparation of the annual estimate of these costs. The
management of annual maintenance costs shall be subject to the provisions of
laws covering the capital sources used for performing maintenance work.
Section 3.
CONSTRUCTION SAFETY ASSESSMENT
Article 36.
Construction safety assessment procedures
1. Formulating and approval of
safety assessment protocol.
2. Carrying out construction safety
assessment activities.
3. Making a review report on safety
assessment results.
4. Sending the safety assessment
report to the authority having competence in receiving and giving opinions on
construction safety assessment results under the provisions of clause 4 of
Article 39 herein.
Article 37.
Regulated tasks involved in the construction safety assessment
1. Examination and assessment of
the working capacities of main load-bearing structures and construction
constituents potentially causing unsafety risks.
2. Examination and assessment of
the conditions for assurance of normal operation and exploitation of the
construction project, including: noise levels, pollution levels of smoke, dust,
and substances harming human health; fire safety; testing results of equipment
subject to strict safety requirements and other relevant safety conditions.
3. Specialized construction
Ministries shall assume the following responsibilities:
a) Releasing technical regulations,
standards, and construction safety assessment procedures;
b) Announcing testing and
evaluation organizations qualified for conducting the safety assessment of
specialized construction works;
c) Regulating the list of construction
works that must seek notices of opinions on construction safety assessment
results from the authorities specified in Clause 4, Article 39 of this Decree.
Article 38.
Responsibilities for conducting construction safety assessment activities
1. Responsibilities of project
owners or persons managing or using construction projects:
a) Taking charge of carrying out
the construction safety assessment procedures prescribed in Article 36 herein.
The project owner or the manager or the user of the construction work shall
have the autonomy in conducting such activities if they meet eligibility
conditions, or may hire another qualified organization to render the
construction safety assessment work;
b) Handing over documents and
records required for the construction safety assessment to the testing and
inspection organization as a basis for formulating the construction safety
assessment protocol, including: construction maintenance documents, design
documentation, including construction drawings, as-built drawings, records of
equipment installed in the construction works and other records and documents
necessary for the construction safety assessment. In the absence of documents
or if construction documents do not have sufficient information necessary for
the safety assessment, the owner or the manager or the user of the construction
work can hire a qualified organization to carry out the survey and make current
construction status documents used for the construction safety assessment
purpose;
c) Taking charge of verifying and
approving the safety assessment protocol;
d) Undertaking the supervision of
implementation of construction safety assessment tasks;
dd) Reviewing and confirming
construction safety assessment results;
e) Sending 01 copy of the safety
assessment report to the competent authority stated in clause 4 of Article 39
herein;
g) Filing construction safety
assessment documents in the file of documents necessary for construction
maintenance activities.
2. Responsibilities of construction
safety assessment bodies:
a) Formulating the construction
safety assessment protocol in accordance with applicable technical regulations,
standards, terms and conditions of the construction contract, and submitting it
to the owner or the manager or the user of the construction work to seek their
approval;
b) Carrying out construction safety
assessment activities according to the approved protocol;
c) Making a review report on safety
assessment results and submitting it to the project owner or the manager or the
user of the construction work according to regulations;
d) Bearing responsibility for the
quality of construction safety assessment activities that they perform on their
part. The certification of the report on safety assessment results of the
project owner or the manager or the user of the construction work does not
replace and reduce responsibility for the safety assessment performed by the
testing and inspection organization.
3. Provincial-level People’s
Committees shall assume the following responsibilities:
a) Reviewing construction works
subject to construction safety assessment within their remit; regulating the
assessment schedule and requesting project owners or persons managing or using
construction works to organize the construction safety assessment according to
the provisions of this Decree;
b) As for the construction works
specified at Point a of this Clause that are located within their remit, if
owners thereof or persons managing or using them have not yet been identified,
provincial-level People's Committees shall undertake the construction safety
assessment as prescribed in this Decree.
Article 39.
Certification of construction safety assessment results
1. The owner or the manager or the
user of the construction work shall check the quantity of construction safety
assessment work, and consider the conformity of the construction safety
assessment report in comparison to the approved construction safety assessment
protocol and contractual terms and conditions to certify the construction
safety assessment results.
2. In case where the report on the
results of construction safety assessment fails to meet the regulatory
requirements, the owner or the manager or the user of the construction work
shall send the testing and inspection organization written dissenting opinions
on certification, clearly stating the unsatisfactory matters that organization
must review or further evaluate.
3. Within 14 days after receiving
the reports on construction safety assessment results from the owners or the
managers or the users of construction works as prescribed at Point e, Clause 1,
Article 38 of this Decree, authorities having competence in receiving these
reports shall consider informing their opinions on construction safety
assessment results to the owners or the managers or the users of those
construction works as follows:
a) Approving safety assessment
reports; requesting the owners or the managers or the users of the construction
works to follow the recommendations of the safety assessment organizations so
that the construction works can meet safety requirements;
b) Rejecting safety assessment
reports in case assessment contents and results of these reports do not meet
the requirements; requesting the owners or the managers or the users of these
works to conduct reassessment or additional assessment;
c) In case where the assessment
results show that a construction work does not ensure safety conditions, the
owner, the manager or the user of the construction work is required to comply
with Article 40 of this Decree.
4. Unless otherwise prescribed by
laws, the authority to receive and give opinions on construction safety
assessment results shall be prescribed as follows:
a) Provincial People’s Committees
shall have authority over construction works located within the provinces under
their jurisdiction;
b) The Ministries managing the
specialized construction works shall have authority over those specialized
construction works located in 02 provinces or more under the jurisdiction
specified in Clause 3, Article 52 of this Decree;
c) The Ministry of National Defense
and the Ministry of Public Security shall have authority over national defense
and security construction projects.
Section 4.
ACTIONS AGAINST POTENTIALLY DANGEROUS CONSTRUCTION WORKS, EXPIRED CONSTRUCTION
WORKS AND DEMOLITION OF CONSTRUCTION WORKS
Article 40.
Actions against potentially dangerous construction works causing unsafety for
operation or use thereof
1. When it is discovered that a
construction item or work likely causes danger or unsafety for the operation
and use thereof, the owner, the manager or the user shall assume the following
responsibilities:
a) Re-checking the current
construction status;
b) Conducting construction quality
inspection (where necessary);
c) Deciding to take urgent measures
such as restricting the use of the construction work, ceasing the use of the
construction work, zoning off the dangerous site, moving people and property to
ensure safety if the construction work is likely to collapse;
d) Immediately reporting to the
nearest local authority;
dd) Correcting damage that may
cause the unsafety during the process of use and operation of the construction
project, or demolishing the construction work when necessary.
2. When it is discovered that a
construction item or work likely causes danger or unsafety for the operation
and use thereof, the local authority shall assume the following
responsibilities:
a) Inspecting, notifying,
requesting and instructing the owner or the manager o the user of the
construction work to organize the survey, quality inspection, assessment of the
danger level, performing the repair or the demolition of the construction
constituent or work (if necessary);
b) Requesting the owner or the
manager or the user of the construction work to take urgent measures specified
at Point c, Clause 1 of this Article and according to the schedule of
application of urgent measures in case the owner or the manager or the user of
the construction work fails to take safety action of their own accord;
c) In case where a construction
item or a construction work shows poses potential danger that may lead to the
risk of collapse, the competent state authority shall assume the prime
responsibility for, and cooperate with the owner or the manager or the user of
the construction work in, immediately implementing safety measures, including
restricting the use of the construction work, ceasing the use of the
construction work, and moving people and property for the sake of safety (if
necessary);
d) Charging the owner or the
manager or the user of the construction work in accordance with laws when they
fail to comply with the requirements of the competent state authority specified
in Clause 4, Article 39 of this Decree.
3. For old apartment buildings or those
likely to cause danger, unsafety for exploitation or use thereof, the owners or
the managers or the users of these works shall comply with the provisions of
this Decree and other provisions of laws on housing.
4. Every citizen shall reserve the
right to notify the owner or the manager or the user of the construction work,
the competent state authority or the mass media agency when detecting that the
construction item or work has any incident or is likely to cause danger or
unsafety for exploitation and use thereof so that timely actions would be
taken.
5. When receiving information about
construction items or works that have incidents or are likely to cause danger
or unsafety for exploitation and use of construction works, owners or managers
and users of these construction works, competent state authorities specified in
Clause 4, Article 39 of this Decree shall be responsible for applying safety
measures specified at Point c, Clause 1 of this Article. If any failure to take
timely action is likely to cause human and property losses, they shall be
charged under laws.
Article 41.
Actions against construction projects whose design life is expired
1. Owners or managers or users of
construction works shall determine the useful life of each construction work according
to the construction design documentation and technical regulations and
standards applicable to construction works.
2. For construction works that have
great impacts on the safety and benefits of the community in accordance with
the law on construction project management, for a period of at least 12 months
before each construction work expires, the owner or the manager or the user of
the construction work must report to the competent state authority specified in
Clause 4, Article 39 of this Decree on the expiry date of the construction work
and the action plan for the expired construction work.
3. After receiving the report
specified in Clause 2 of this Article, the competent state authority specified
in Clause 4, Article 39 of this Decree shall add the expired construction work
to the list posted on its website.
4. For construction works that
expire but continue being used to meet the demand, except for detached houses
of families or individuals, owners or managers and users of these works shall
assume the following responsibilities:
a) Conducting the inspection and
examination of the present quality of the construction work and putting forward
a plan to reinforce, renovate the work, or repair it if it is damaged,
determining the extended useful life after it is repaired or reinforced;
b) Conducting the reinforcement,
renovation and repair of construction works (if any) to ensure their proper
functions and safety;
c) Sending reports on the results
of the works specified at Points a and b of this Clause to the competent state
authorities specified in Clause 4, Article 39 of this Decree and other ones
according to the relevant regulations of law to seek their opinions on the
extension of the useful life of these works, except for detached houses. The time
limit for processing application for and giving opinions on the extension of
the construction work’s useful life by competent state authorities shall be 14
days of receipt of each report;
d) Based on the results of the
performance of the works specified at Points a and b of this Clause and
opinions of competent state authorities specified at Point c of this Clause,
owners or managers and users of construction works decide and take
responsibility for the continued use of these construction works.
5. Cases of discontinuation in
using expired construction projects:
a) Owners or managers or users have
no longer demands to use these construction works;
b) The results of inspection and
examination of the present quality of each construction work show that the work
is unsafe, cannot be reinforced, renovated or repaired;
c) These construction works are not
allowed by competent state authorities to continue being exploited and used.
6. Competent state authorities
prescribed in clause 4 of Article 39 herein shall assume the following
responsibilities:
a) Reviewing these construction
works where there are insufficient grounds to determine their useful life as
prescribed in Clause 1 of this Article and requesting the owners, the managers
or the users to organize the implementation of the regulations laid down in
Clause 4 of this Article;
b) Taking charge of determining the
useful life, announcing construction works whose useful life is expired and
performing the following tasks specified in this Article for construction works
of which owners or managers or users have not yet been identified;
c) Notifying the owner or the
manager or the user of the construction work of the termination and requesting
the owner or the manager or the user of the construction work to be responsible
for the demolition of the construction work and the time of demolition for
those construction works that are no longer in use as prescribed in Clause 5 of
this Article.
7. Actions against expired
apartment buildings shall be subject to regulations of the law on housing.
8. For detached houses of families
or individuals that have expired but continue being used to meet demands, the
owners or the managers or the users of the works shall perform the activities
specified at Point a and b, Clause 4 of this Article and, based on the results
of implementation of these activities, decide and take responsibility for the
continued use of these houses, except for the cases specified in Clause 5 of
this Article.
Article 42.
Demolition of construction works
1. Cases of demolition of
construction works:
a) Construction works need be
demolished for ground clearance purposes to build new or temporary construction
works;
b) Construction works need to be
demolished under regulations laid down in point b of clause 1 of Article 118 of
the Law No. 50/2014/QH13, which is amended and supplemented in clause 44 of
Article 1 in the Law No. 62/2020/QH14;
c) Construction works need to be
demolished at the request of competent state authority under regulations laid
down in point c, d and dd of clause 1 of Article 118 in the Law No.
50/2014/QH13, which is amended and supplemented in clause 44 of Article 1 in
the Law No. 62/2020/QH14;
d) Construction works need to be
demolished upon expiry as prescribed in Article 41 herein.
2. Responsibilities for demolition
of construction works:
a) Owners or managers or users of
construction works shall undertake the demolition of construction works in
accordance with the law on construction and regulations of other relevant laws;
b) Presidents of provincial-level
People's Committees, Presidents of district-level People's Committees or
competent state authorities decide the demolition of construction works in
accordance with the construction law and other relevant laws; decide to enforce
the demolition and conduct the demolition of construction works in case
investors, owners or managers or users of the construction works fail to
fulfill their responsibilities for the demolition of construction works;
c) Agencies competent to sanction
administrative violations shall decide to apply mitigative measures in the form
of the forced demolition of violating works or constituents in accordance with
the law on handling of administrative violations;
d) Competent authorities decide the
demolition and enforcement of the demolition of residential houses as per laws
on housing;
dd) The Minister of National
Defense and the Minister of Public Security shall regulate the authority to
demolish national defense and security construction works.
3. Plans and approaches for
demolition of construction works must involve:
a) Bases for formulation of plans
and approaches for demolition of construction works;
b) General information about
construction works and items to be demolished;
c) List of applicable national
technical regulations and standards;
d) Formulation of demolition plans;
dd) Demolition schedule and budget;
e) Others necessary for demolition
activities (if any).
4. Persons assigned to manage and
perform the emergency demolition of construction works shall have autonomy in
deciding all demolition works in the process of organizing the emergency
demolition of construction works to ensure conformity with the schedule of
implementation of these demolition activities, safety and environmental
protection and must be accountable for their decisions.
5. For the demolition of
construction works that are public property, in addition to complying with the
provisions of this Decree, regulations of the law on management and use of
public property must be observed.
Chapter IV
INCIDENTS ARISING FROM
CONSTRUCTION, OPERATION AND USE OF CONSTRUCTION WORKS OR PROJECTS
Section 1.
CONSTRUCTION INCIDENTS
Article 43.
Severity levels of incidents arising from construction, operation and use of
construction works or projects
Construction incidents are divided
into three severity levels according to the extent of damage to construction
works or human losses, including level-I, level-II and level-III incidents as
follows:
1. Level-I incidents, including:
a) Any construction incident causes
at least 6 deaths;
b) Any incident causes the
construction work to collapse; the collapse of a part of the construction work
or any damage that is likely to cause the entire grade-I or higher-grade
construction work to be collapsed.
2. Level-II incidents, including:
a) Any construction incident causes
1 - 5 deaths;
b) Any incident causes the
construction work to collapse; the collapse of a part of the construction work
or any damage that is likely to cause the entire grade-II or grade-III construction
work.
3. Level-III incidents, including
the rest of construction incidents other than those prescribed in clause 1 and
2 of this Article.
Article 44.
Construction incident reporting
1. Immediately after an incident,
the investor must, in the fastest manner, report on the incident, including the
name and location of the construction work, preliminary information about the
incident and damage (if any) to the People's Committee of the commune where the
incident or loss (if any) occurs and their superior authority (if any).
Immediately after receiving the incident report, the commune-level People's
Committee must report to the district-level People's Committee and the
provincial-level People's Committee on the incident.
2. Within 24 hours from the occurrence
time, the investor must report the incident in writing to the district-level
People's Committee and the provincial-level People's Committee of the place
where the incident occurs. For all incidents involving human losses, investors
shall send reports to the Ministry of Construction and other competent state
authorities in accordance with relevant laws. Each report shall contain the
following main information:
a) Name of the construction work,
construction site and scale of the construction work;
b) Names of organizations or
individuals involved in construction;
c) Description of the incident,
status of the construction work at the time of occurrence and the occurrence
time;
d) Human and property loss (if
any).
3. For any incident occurring at
the construction work passing through 02 provinces or more, after receiving the
written report or receiving information about the incident, the People's
Committee of the province where the incident occurs shall send a report on the
incident to the specialized construction Ministry.
4. The competent state authority
shall be entitled to request the investor and related parties to provide
information about the incident.
5. In case the incident occurs in
the course of operation or use of the construction work, the owner or the
manager or the user of that construction work shall have to implement the
provisions of Clauses 1, 2 and 3 of this Article.
Article 45.
Responses to construction incidents
1. Whenever an incident occurs, the
investor and the construction contractor shall be responsible for taking timely
actions to search and rescue, ensure safety for affected people and property,
limit and prevent any potential danger; taking charge of protecting the
incident scene and making a report according to the provisions of Article 44 of
this Decree. People's Committees at all levels shall direct and support related
parties to set up search and rescue forces, protect incident scenes and perform
other necessary tasks in the incident response process.
2. Provincial People's Committees
shall be responsible for handling construction incidents and performing the
following tasks:
a) Considering and deciding to
close or temporarily suspend construction or operation or use of the
construction item, a part or the whole of the construction work, depending on
the nature, severity and impact of the incident;
b) Considering and deciding the
demolition and cleanup of the incident scene on the basis of meeting the
following requirements: Ensure safety for people, property, construction works
and other adjacent facilities. Before demolition or cleanup, relevant parties
must photograph or film the incident scene; collect evidence existing at the
incident scene; record information relating the incident scene in documents
necessary for the incident inspection and create the incident file;
c) Notify the results of the
inspection results showing incident causes to the investor and other related
entities; decisions on remedies or mitigative actions binding upon investors,
owners or related parties;
d) Legally charge related parties;
dd) Based on actual local
conditions, provincial-level People's Committees may assign district-level
People's Committees to take charge of addressing grade-II and grade-III
construction incidents occurring within their respective jurisdiction.
3. Investors, construction
contractors during the construction process or owners, managers and users of
construction works during the operation and use thereof shall be responsible
for dealing with incidents at the request of competent state authorities. After
dealing with incidents, the competent authorities specified in Clause 2 of this
Article shall decide whether construction may proceed or construction works
where incidents occur may be put to use.
4. Organizations or individuals
causing incidents shall be responsible for paying compensation or costs
incurred from handling of these incidents, depending on the nature, extent and
impacts of these incidents.
5. The Minister of National Defense
and the Minister of Public Security shall adopt regulations on reporting and
handling of incidents at national defense and security construction works.
Article 46.
Examination of causes of construction incidents
1. Authority to lead the
examination of causes of construction incidents:
a) Provincial People's Committees
shall be accorded authority to lead the examination of causes of incidents in
their respective localities;
b) The Ministry of National Defense
and the Ministry of Public Security shall be accorded authority to lead the
examination of causes of incidents occurring at national defense and security
construction projects;
c) Ministries in charge of
specialized construction works shall be accorded authority to lead the
examination of causes of incidents occurring at construction works if they are
assigned by the Prime Minister to do so.
2. Competent authorities prescribed
in clause 1 of this Article can set up incident investigation commissions to
examine the causes of incidents. Each commission is composed of representatives
of units of authorities in charge of handling incidents, relevant agencies and
experts in technical specializations relating to the incidents. Where
necessary, the authority in charge of conducting the examination of incident
causes shall appoint an inspection organization to conduct the assessment of
the quality of the construction work to serve the purpose of the assessment of
the incident causes and offer solutions to the incident.
3. Tasks involved in the
examination of incident causes:
a) Collecting relevant records,
documents, technical data and performing professional work to find the incident
causes;
b) Evaluating the safety of the
construction work after the incident occurs;
c) Identifying responsibilities of
organizations and individuals concerned;
d) Creating documentation on
examination of incident causes, including: Report on incident causes and other
related documents existing in the process of examination of incident causes.
4. Costs of examination of causes
of construction incidents:
a) In case where a construction
incident occurs during the construction process, the investor shall be
responsible for paying the costs of examination of construction incident
causes. After the results of the examination of the construction incident
causes are available and responsibilities for the incident are identified, the
organization or individual blamed for causing such construction incident must
pay the costs of the examination of the incident causes. In case where the
construction incident occurs due to force majeure events, liabilities for
paying the costs of the examination of the incident causes shall be subject to
the provisions of the relevant construction contracts;
a) In case where a construction
incident occurs during the period of operation or use of a construction work,
the owner, the manager or the user of that construction work shall be
responsible for paying the costs of examination of construction incident
causes. After the results of the examination of the construction incident
causes are available and responsibilities for the incident are identified, the
organization or individual blamed for causing such construction incident must
pay the costs of the examination of the incident causes. In case where the
construction incident occurs due to force majeure events, the owner, the
manager or the user of that construction work shall be liable for the costs of
examination of the construction incident causes.
Article 47.
Construction incident documents
Investors, owners, managers or
users shall be responsible for preparing the incident documents, including the
followings:
1. Incident scene investigation
report includes the following information: Name of the construction work or
item where the incident occurs; construction site, time of the incident occurrence,
preliminary description and development of the incident; conditions of the
construction work at the time of the incident occurrence; preliminary review of
human and property losses; preliminary identification of causes of the
incident.
2. Design and construction
documents related to the incident.
3. Documentation on examination of
incident causes.
4. Documents relating to the
process for handling the incident.
Section 2.
INCIDENTS CAUSING CONSTRUCTION UNSAFETY
Article 48.
Incidents causing construction unsafety
1. Incidents causing unsafety for
construction works, including:
a) Failures of machinery and
equipment necessary for construction works (hereinafter referred to as
machinery and equipment incidents);
b) Occupational accidents occurring
at construction works.
2. The declaration, investigation,
reporting and resolution of incidents causing occupational unsafety for the
construction shall be regulated as follows:
a) For the incidents specified at
Point a, Clause 1 of this Article, the declaration, investigation, reporting
and handling thereof shall be subject to Article 49 and 50 of this Decree;
b) For the incidents specified at
Point b, Clause 1 of this Article, the declaration, investigation, reporting
and handling thereof shall be subject to laws on occupational safety and
hygiene.
Article 49.
Declaration, reporting and handling of machinery or equipment incidents
1. When a machinery or equipment
incident occurs, the investor or the construction contractor must, in the
fastest manner, report on the incident, including the name and location of the
construction work, preliminary information about the incident and damage (if
any) to the People's Committee of the commune where the incident occurs.
Immediately after receiving the report, the commune-level People's Committee
must report to the district-level People's Committee, the provincial-level
People's Committee, specialized construction agencies and relevant
organizations on such incident so that they promptly respond to such incident.
2. In addition to the declaration
specified in Clause 1 of this Article, if a machine or equipment incident kills
or seriously injures at least 02 persons, the construction contractor must make
a report according to regulations of laws on occupational safety and hygiene.
3. The investor and the
construction contractor shall be responsible for implementing regulations of
laws on occupational safety and hygiene, and taking timely actions to search
and rescue, ensure safety for affected people and property, limit and prevent
any further danger; taking charge of protecting the incident scene and making
declaration according to the provisions of clause 1 and 2 of this Article.
4. People's Committees at all
levels shall direct and support related parties to set up search and rescue
forces, protect incident scenes and perform other necessary tasks in the
incident response process.
5. Authorities prescribed in clause
1 of Article 50 herein shall assume the following responsibilities:
a) Checking the incident scene,
checking the declaration and handling of incidents of investors and
construction contractors according to the provisions of this Article.
b) Considering and deciding to
cease or temporarily suspend operation of machinery, equipment; terminate or
temporarily suspend construction items, parts or the whole of the construction
works, depending on the severity and impacts of the incidents;
c) Considering and deciding the
demolition and cleanup of incident scenes on the basis of ensuring safety for
people, property, construction works and other adjacent facilities. Before
demolition or cleanup of the incident scene, relevant parties must photograph
or film the incident scene; collect evidence existing at the incident scene;
record information relating the incident scene in documents necessary for the
examination of incident causes and make the machinery or equipment incident
documents;
d) Notifying the results of the
results of examination of causes of the machinery or equipment incident to the
investor and other related entities; decisions on remedies or mitigative
actions binding upon investors or related parties;
dd) Legally charge related parties.
6. Investors, construction
contractors or owners, managers or users of machinery or equipment shall be responsible
for dealing with machinery and equipment incidents to ensure safety
requirements before resuming construction activities.
7. Organizations and individuals
that cause machinery and equipment incidents shall be responsible for paying
compensation and costs incurred from mitigative actions or responses. Depending
on the nature, severity and extent of impact, they may be sanctioned according
to regulations of relevant laws.
Article 50.
Investigation of machinery or equipment incidents
1. Authority over the investigation
of machinery or equipment incidents:
a) Provincial People's Committees
take charge of the inspection of machinery or equipment incidents occurring
within their localities, except the cases specified at Points b and c of this
Clause;
b) The Minister of National Defense
and the Minister of Public Security shall adopt regulations the investigation
of incidents of machinery or equipment used for national defense and security
construction works;
c) Ministries in charge of
specialized construction works shall be accorded authority to lead the
investigation of machinery or equipment incidents occurring at construction
works if they are assigned by the Prime Minister to do so.
2. Authorities having competence in
investigation of incidents that are referred to in clause 1 of this Article can
set up incident investigation commissions to investigate the incidents. Each
commission is composed of representatives of specialized construction
authorities, relevant agencies and experts in technical specializations
relating to incidents. Where necessary, the authority in charge of conducting
the investigation of incidents shall appoint a consulting organization to find
causes of the incident and recommend corrective actions.
3. Tasks involved in the investigation
of machinery or equipment incidents:
a) Collecting relevant records,
documents, technical data and performing professional work to find the incident
causes;
b) Evaluating the level of safety
of machinery, equipment, construction works and adjacent facilities (if any)
after the incident occurs;
c) Identifying responsibilities of
organizations and individuals concerned;
d) Creating incident investigation
documentation, including: Incident investigation report and other related
documents existing in the investigation process.
4. Investors shall be responsible
for paying incident investigation costs in advance. After the results of
the incident investigation and identification of responsibilities, the
organization or individual at fault must pay the incident investigation costs.
In case where the incident occurs due to force majeure events, liabilities for
paying the incident investigation costs shall be subject to the terms and
conditions of the relevant construction contracts.
5. Particularly in case where the
incident affects the machinery or equipment not on the list of machinery or
equipment subject to strict requirements that are used in construction
activities and does not cause serious injury or death, the investor shall
undertake the investigation and handling of this machinery or equipment
incident.
Article 51.
Creation of machinery or equipment incident handling documents
Investors shall be responsible for
preparing machinery or equipment incident documents, including the followings:
1. Incident scene investigation
report containing the following information: name and location of the
construction item or construction work affected by the machinery or equipment
incident; technical specifications, record of the affected machine, equipment;
current status of the construction item, construction work where the incident
occurs, preliminary description and developments of the incident; preliminary
review of human and property losses; incident causes;
2. Design and construction
documents related to the machinery or equipment incident;
3. Incident investigation
documentation; documents on sanctions imposed upon relevant organizations or
individuals; remedies or corrective actions;
4. Documents relating to the
process for handling the incident.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 52.
Implementation responsibilities
1. Ministry of Construction:
a) Bearing responsibility to the
Government for exercise of the uniform state authority over activities governed
by this Decree;
b) Promulgating, guiding and inspecting
the implementation of legal documents according to its competence in
construction quality management, safety during the construction period, and
guiding the implementation of this Decree;
c) Exercising the state management
of the activities within the scope of regulations of this Decree for
specialized construction works under its jurisdiction; conducting the
examination and inspection of the compliance with the provisions of this Decree
by ministries, sectoral administrations, localities, and entities involved in
the construction, management, exploitation and use of construction works;
inspecting the quality of construction works and safety during the construction
period when necessary;
d) Requesting and urging ministries
in charge of specialized construction works and provincial-level People's
Committees to inspect the compliance with this Decree according to their
competence;
dd) Guiding the determination of
the construction maintenance costs; announcing construction maintenance norms
minus maintenance norms for specialized construction works.
2. Other Ministries in charge of
specialized construction works:
a) Performing the state management
of the activities within the scope of regulation of this Decree for specialized
works; guiding the implementation of legal documents on construction quality
management and construction safety applicable to specialized construction
works;
b) Conducting the periodic
inspection according to the plan, the irregular inspection of construction
quality and safety management of entities involved in construction activities;
inspecting the quality of specialized construction works under its management
when necessary or at the request of the Ministry of Construction;
c) Creating and issuing maintenance
norms for specialized construction works;
d) Sending the Ministry of
Construction the general report on the current status of quality, construction
quality control and safety management in construction activities under the
jurisdiction of ministries and sectoral administrations before December 15
every year and the ad hoc report upon request.
3. Ministries in charge of
specialized construction works shall be responsible for directing and
inspecting the affiliated specialized agencies in organizing the pre-commissioning
testing of specialized works under their management, including:
a) Ministry of Construction shall
assume such responsibilities for construction works belonging to civil
construction investment projects, investment projects on construction of urban
areas, residential areas; technical infrastructure construction investment
projects for functional areas; investment projects for light industry
construction works, industrial works for production of construction materials,
construction products of investment projects on construction of technical
infrastructure works, investment projects of construction of roads in cities
(excluding national highways running through cities);
b) The Ministry of Transport shall
assume such responsibilities for construction works belonging to traffic
construction investment projects under the management of the Ministry of
Construction according to regulations of point a of this clause;
c) The Ministry of Agriculture and
Rural Development shall assume such responsibilities for construction works
belonging to investment projects on construction works used for agriculture and
rural development purposes;
d) The Ministry of Industry and
Trade shall assume such responsibilities for investment projects for industrial
construction works under the management of the Ministry of Construction
according to regulations of point a of this clause;
d) The Ministry of National Defense
shall assume such responsibilities for construction works belonging to
investment projects for national defense and security construction works.
4. People's Committees of the
provinces and centrally-run cities shall be responsible for the state
management of the activities under the governing scope of this Decree in their
administrative areas under their delegated authority; directing and examining
the specialized affiliates’ inspection of the pre-commissioning test of
construction works belonging to specialized work construction investment
projects within their remit, specifically as follows:
a) Departments of Construction
shall assume such responsibilities for construction works belonging to civil
construction investment projects, investment projects on construction of urban
areas, residential areas; technical infrastructure construction investment
projects for functional areas; investment projects for light industry
construction works, industrial works for production of construction materials,
construction investment projects on construction of technical infrastructure
works, investment projects for construction of roads in cities (excluding
national highways running through cities); other investment projects for
multiple-purpose construction works;
b) The Ministry of Transport shall
assume such responsibilities for construction works belonging to investment projects
for traffic construction works, except those prescribed in point a of this
clause;
c) Departments of Agriculture and
Rural Development shall assume such responsibilities for construction works
belonging to investment projects on construction works used for agriculture and
rural development purposes;
d) Departments of Industry and
Trade shall assume such responsibilities for construction works belonging to
investment projects for industrial construction works, except for those
prescribed in point a of this clause;
dd) Management boards of industrial
parks, export processing zones, hi-tech parks and economic zones shall assume
such responsibilities for investment projects within localities under their
delegated authority;
e) As for provinces and centrally
run cities where Departments of Transport – Construction rule, these
Departments shall perform the tasks prescribed at Points a and b of this
Clause.
5. Based on specific conditions of
each locality, provincial-level People's Committees shall delegate authority to
district-level People's Committees to exercise the state management activities
under the authority of the provincial-level People's Committees as per this
Decree; delegate authority to the assigned construction authorities affiliated
to the district-level People's Committees to inspect the pre-commissioning test
of construction works within these districts, and shall have the right to
adjust the delegation of authority to inspect the pre-commissioning tests
specified at Point e, Clause 4 of this Article.
6. District-level People's
Committees shall be responsible for the state management of the activities
under the governing scope of this Decree within localities under their
delegated authority; directing and examining the inspection of the pre-commissioning
test of construction works under the delegated authority of their affiliated
construction administration units.
7. Ministries in charge of
specialized construction works, provincial-level People's Committees shall be
responsible for sending periodic and annual reports on the management of the
quality of construction works and safety prepared according to the instructions
of the Minister of Construction to the Ministry of Construction to serve its
synthesis and monitoring purposes.
Article 53. Transition
provisions
1. Types and grades of the
construction works belonging to investment projects approved before the entry
into force of this Degree shall be determined according to laws in force at the
time of grant of investment decisions.
2. If construction works commencing
before the effective date of this Decree are subject to the inspection of the
pre-commissioning tests conducted according to the Government's Decree No.
46/2015/ND-CP dated May 12, 2015 on quality management and construction maintenance,
but not subject to the inspection of the pre-commissioning tests under the
provisions of this Decree, then such inspection of the pre-commissioning tests
shall not be allowed to proceed. Investors shall take charge of the
pre-acceptance tests of completed construction works before putting them into
operation or in use in accordance with the provisions of this Decree, and
reporting the test results to the assigned specialized construction authorities
for their monitoring purposes.
3. Construction works commencing
before the effective date of this Decree and subject to the inspection of the
pre-commissioning tests under the provisions of this Decree shall comply with
the provisions of this Decree.
4. Continuing to implement the
regulations on the classification of construction works in accordance with the
legislative regulations existing before the effective date of this Decree until
the regulations on the classification of construction works under the guidance
of the Law No. 62/2020/QH14 and this Decree are adopted and take effect.
Article 54.
Implementation
1. This Decree shall come into
force from the signature date and replacing the Government’s Decree No.
46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction
works and projects.
2. Ministers, Heads of
Ministry-level agencies, Heads of Governmental bodies, Presidents of provincial
People’s Committees, Heads of socio-political organizations, socio-professional
organizations, other organizations and individuals involved shall be
responsible for implementing this Decree.
3. The Ministry of Construction
shall take charge of and cooperate with relevant ministries and sectoral
administrations in providing instructions for implementation of this Decree./.
|
|
PP.
GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
|
APPENDIX I
CLASSIFICATION
OF CONSTRUCTION PROJECTS BY THEIR FUNCTIONS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
I. CONSTRUCTION PROJECTS FOR
CIVIL USES (CIVIL PROJECTS)
A construction project for civil
uses (civil project) is a building or other structure (maybe a detached or
standalone work or a combination of works) providing people with support for
their activities to meet their needs like living; learning; teaching; working;
doing business; physical and sports training or competition; gathering people;
eating, drinking, entertainment, recreation, sightseeing; watching or enjoying
various types of arts, performances, or sports competitions; exchanging and
receiving information and mails; medical examination and treatment; religious
beliefs; and other providing other services to meet needs of people, including:
1. Home/residential construction
projects: Apartment or other tenement buildings; detached houses or detached
houses used for other civil purposes.
2. Public construction projects:
a) Training, educational and
research facility construction projects:
- A standalone building, building
complex used for educational, training and research purposes within the following
premises: Kindergartens, early childhood institutions; elementary schools,
lower secondary schools, upper secondary schools, multilevel schools;
universities and colleges, professional secondary schools; vocational schools,
technical worker training establishments, specialized career schools and other
schools or training centers;
- Hydrometeorology stations,
seismic research stations, space research facilities; specialized database
centers and other specialized research facilities.
b) Healthcare facility construction
projects:
A standalone building, building
complex used for medical examination and treatment purposes within the
following premises: (General or specialized) hospitals, clinics; medical
stations; maternity care facilities, sanatoriums, functional rehabilitation
centers, orthopedic facilities, and nursing homes; disease control and
prevention facilities; biomedical research facilities; other medical
facilities.
c) Sporting facility construction
projects:
Stadiums; sports halls; training
and competition facilities for various sports like golf, football, tennis,
volleyball, basketball and other sports; swimming pools.
d) Cultural facility construction
projects:
Convention centers, theaters,
cultural houses, clubs, cinemas, circus centers, discos; monuments; museums,
libraries, exhibition centers, galleries; symbolic or artistic construction
works (e.g. outdoor statues, welcome gates, ...), leisure and entertainment
facilities; other cultural construction works.
dd) Religion, faith and worship
facility construction projects:
- Religion facilities: Headquarters
of religious organizations, pagodas, churches, chapels, cathedrals, shrines,
Buddhist temples; schools for training people specialized in religious
activities; monuments, stelae, towers and other religious buildings;
- Faith and worship facilities:
Communal temples, shrines, chapels, ancestral temples (worship halls) and other
faith and worship facilities.
e) Commercial facility construction
projects: Trade centers, supermarkets, markets, shops; restaurants, food and
beverage shops and other commercial facilities.
g) Service facility construction
projects:
- Hotels, guest houses, motels;
resorts; residential villas, apartments and other accommodation facilities;
- Standalone billboards; post offices,
other post and telecommunications service providers.
h) Headquarter or office building
projects:
- Headquarters or office buildings
of state authorities, political organizations or socio-political organizations;
- Buildings used as headquarters,
offices of socio-professional organizations, non-business units, businesses,
other organizations and individuals;
- Buildings used as a blend of
office and residential accommodation space.
i) Other buildings or structures
for multifunctional or mixed uses.
Example: If a high-rise building of
which functions are specific to its stories is used to serve multiple purposes
as an apartment building, hotel and office, it must be classified as a
mixed-use building.
k) Other public buildings or
structures.
3. Gates, fences, guard houses and
other small structures for civil use.
II. CONSTRUCTION PROJECTS USED
FOR INDUSTRIAL PRODUCTION PURPOSES (INDUSTRIAL CONSTRUCTION PROJECTS)
Construction projects used for
industrial production purposes (industrial construction projects) are
construction works having the house-like structure (industrial house) or other
structural systems used for the exploitation and production of raw materials,
inputs and energy serving the needs of people and economic sectors, including:
1. Construction projects used for
production of building inputs and products:
A standalone building, building
complex or technology line within the following premises: Quarries for
extraction or removal of construction materials (e.g. sand, stone, clay, and
other materials for production of building materials); cement plants; cement
grinding stations or other separate facilities in technology lines for
production of construction materials and products; construction works for the
production of other construction materials and products (e.g. concrete
components, cement bricks used as aggregates, baked clay bricks and other
masonry bricks, paving, tiling products, sanitary wares, glass and glass
products, wood products and other products).
2. Construction projects used in
the metallurgy and mechanical engineering industry:
A standalone building, building
complex or technology line within the following premises: Plants for
non-ferrous metals; steel and steel rolling mill plants; engine and
agricultural machinery manufacturing plants; machine tool and industrial
equipment plants; lifting equipment plants; construction machine plants;
complete equipment plants; plants for manufacturing and assembly of means of
transport (e.g. cars, motorcycles, ships,...); plants for manufacturing of
electrical and mechanical equipment for electronics and refrigeration
engineering industries; plants for manufacturing of mechanical products for
other industries (i.e. supporting industries).
3. Construction projects used in
the mining and mineral processing sector:
A standalone building, building
complex or technology line within the following premises: Underground coal
mines, open coal pits; coal screening and processing plants; mineral processing
plants; underground ore mining pits or open ore mining pits; ore refining and
enrichment plants (even including bauxite refining); alumina production
facilities.
4. Construction projects for oil
and gas facilities:
A standalone building, building
complex or technology line within the following premises: Rigs, construction
works for oil and gas extraction and processing; petroleum refineries and
petrochemical plants; gas processing plants; biofuel plants; crude oil and
petroleum storage facilities; liquefied gas storage facilities, liquefied gas
transfer stations, gas distribution stations; gas and oil pipelines; lubricant
plants; used or waste oil recycling plants.
5. Construction projects for energy
facilities:
A standalone building, building
complex or technology line within the following premises: Hydropower plants
(excluding headworks), thermal power plants, nuclear power plants; wind power
plants, solar power plants, geothermal power plants, tidal power plants,
waste-to-energy power plants (excluding solid waste disposal sites), biomass power
plants; biogas power plants; cogeneration plants; heat, gas, compressed air
supply plants; power transmission lines and transformer stations; facilities
supplying fuel and energy for vehicles and for personal use.
6. Chemical facility construction
projects:
A standalone building, building
complex or technology line within manufacturing plants, storage facilities and
filler stations of the following products: fertilizers, plant protection
chemicals, base chemicals, petrochemicals, pharmaceutical chemicals, cosmetics
and other chemicals; chemical power sources (e.g. batteries, accumulators,
welding rods, ...); industrial gases; rubber (e.g. tubes, tires, conveyors,
technical rubber,...); detergents (e.g. washing cream, liquid detergents,
washing powder, shampoo, cleaner, soap,...); paints, printing inks of all
kinds; plastic materials (e.g. alkyd, acrylic,...); mining chemical (refined
apatite ore) materials; explosives, industrial explosive precursors.
7. Construction projects for light
industry facilities:
a) Food:
A standalone building, building
complex or technology line within premises for manufacturing, processing,
packing and storage of milk products; confectionery, instant noodles; cooking
oil, flavoring; beverage (e.g. alcohol, beer, soft drinks, etc…).
b) Consumer goods:
A standalone building, building
complex or technology line within facilities for post-manufacturing,
processing, packaging, assembling, manufacturing and storage of the following
products and performing the following relevant activities: fiber; weaving;
printing and dyeing (textile and garment industry); garment products; tanning
and leather products; plastics; crockery, stoneware, glass; pulp and paper;
cigarettes; electronics (e.g. televisions, computers, phones,...), refrigeration
(e.g. air conditioners, refrigerators,...); electronic and information
components and spare parts (e.g. electronic printed circuits, ICs and similar
products); medicines and medical supplies; other consumer products.
c) Agricultural, fishery and
aquacultural products:
A standalone building, building
complex or technology line within facilities for post-manufacturing,
processing, packaging, and storage of the following products and performing the
following relevant work: seafood; canned food; rice milling and polishing;
other agricultural products.
8. Other construction projects used
for industrial production purposes.
III. CONSTRUCTION PROJECTS
PROVIDING TECHNICAL INFRASTRUCTURE FACILITIES AND AMENITIES (TECHNICAL
INFRASTRUCTURE CONSTRUCTION PROJECTS)
Buildings or other structures used
as bases, utilities or structures directly assisting in the abstraction,
production and supply of water; for water storage, treatment and wastewater
drainage; storage and disposal of solid wastes of all kinds; lighting of public
areas; burial, cremation and funeral celebrations; transmission of information;
urban landscape maintenance; provision of public parking spaces, including:
1. Water supply facility
construction projects:
A standalone building, building
complex or technology line within the following premises: Water plants, clean
water treatment facilities (including sludge disposal); pumping stations (raw
water, clean water or pressure filters); tanks (towers) containing clean water;
water supply pipelines (raw or clean water).
2. Water drainage facility
construction projects:
A standalone building, building
complex or technology line within the following premises: Artificial lakes;
stormwater pumping stations; wastewater treatment facilities; sewage pumping
stations; sludge treatment facilities; stormwater and wastewater tanks;
stormwater, public water drainage culverts; wastewater drainage systems.
3. Construction projects for solid
waste disposal facilities:
a) A standalone building, building complex
or technology line in domestic solid waste disposal premises, including:
Transfer stations; garbage landfills; waste treatment complexes /sites; solid
waste treatment facilities;
b) A standalone building, building
complex or technology line in hazardous waste disposal premises.
4. A standalone building, building
complex within the following premises:
a) Public lighting facilities
(public lighting systems and poles);
b) Parks;
c) Cemeteries, funeral parlours and
crematories;
d) (underground and open) parking
garages; parking yards for cars, construction vehicles and other equipment.
5. Construction projects for
passive telecommunications technical facilities:
A standalone building, building
complex or technology line within the following premises: Telecommunication
buildings or stations, antenna poles, cable poles, cable lines for transmission
of telecommunication signal.
6. Sewers, tanks, trenches,
tunnels, utility tunnels and other structures used for technical infrastructure
facilities and utilities.
IV. CONSTRUCTION PROJECTS FOR
TRAFFIC AND TRANSPORTATION PURPOSES (TRAFFIC CONSTRUCTION PROJECTS)
Structures existing in the form of
bridges, roads, tunnels or others (a standalone project or a construction
complex) used as facilities, utilities or structures providing direct services
for traffic and transportation activities; for regulating and coordinating
transportation activities, including:
1. Road construction projects:
Expressways, highways; urban roads; rural streets.
2. Ferry terminals, bus stations;
road vehicle registry centers; toll plazas; rest stops.
3. Railroad construction projects:
a) Express railroads, high-speed
railroads, urban rails (elevated railways, subways/Metro railways); national
railways; purpose-made railways and local railways;
b) Passenger terminals, cargo
terminals; terminal depots; barrier structures, signs.
Notes: Facilities for manufacturing
and building rail equipment (locomotives, carriages) are classified as
construction projects for industrial production facilities - Section II of this
Appendix.
4. Bridge construction projects:
Road bridges, pedestrian bridges (not including civil suspension
bridges); rail bridges; pontoon bridges; civil suspension bridges.
5. Tunnel construction projects:
Metro tunnels, road tunnels, railway tunnels, pedestrian tunnels.
6. Construction projects for inland
waterway and maritime facilities:
a) Construction projects for inland
waterway facilities: Inland waterway ports and terminals; ferry
terminals, ship locks; inland waterway vehicle repair facilities (berths,
docks, slopes, slideways, raised floors,...); navigational channels (on rivers,
lakes, bays and routes to islands, on canals); moorings; training (watercourse
diversion/shore protection) facilities.
b) Maritime facility construction
projects: Sea harbors, seaports; ferry terminals; docks; ship repair facilities
(berths, docks, slopes, slideways, raised floors,...); navigational channels;
moorings and anchorage structures; training works (breakwater/sand break,
watercourse diversion /shore protection revetments).
c) Other construction projects for
inland waterway and maritime facilities: Maritime signaling buoy systems
on rivers and at sea; lighthouses; beacons; training works, breakwater, sand
breakers, current diversion embankments, shore protection embankments; vessel
traffic service (VTS) systems and other marine structures.
7. Aviation facility construction
projects: Fly zones (including air navigation service structures); passenger
terminals, cargo terminals, hangars, cargo warehouses,...
8. Suspension cable cars and
terminals for transport of people and goods.
9. Dry ports.
10. Other facilities, including:
Weigh stations, culverts, tanks, trenches, tunnels, utility tunnels and other
transportation structures.
V. CONSTRUCTION PROJECTS USED
FOR AGRICULTURE AND RURAL DEVELOPMENT PURPOSES (AGRICULTURAL AND RURAL
DEVELOPMENT CONSTRUCTION PROJECTS)
Facilities existing in the form of
dams, dykes, embankments, canals, ditches or other structures (an independent
building, a combination of works or a technology line) used as facilities,
utilities or structures providing direct services to water resource works;
animal husbandry, cultivation, forestry, salt production, fishery and other
works providing services for agriculture and rural development activities,
including:
1. Construction projects for water
resource facilities: Water reservoirs; dams (including dams that creating
lakes, anti-salinity dams, freshwater retention dams, control dams on rivers
and streams,...); spillways; water intake, discharge culverts; hydroelectric
tunnels; irrigation - drainage pumping stations and other water resource
structures.
2. Dyke construction projects:
river dykes; sea dykes and
structures built on, inside and under dykes.
3. A standalone construction work
or a building complex built within animal husbandry, cultivation, forestry,
salt production, aquacultural establishments and other construction projects
providing services for agriculture and rural development activities.
VI. CONSTRUCTION PROJECTS FOR
NATIONAL DEFENSE AND SECURITY PURPOSES (DEFENCE CONSTRUCTION PROJECTS)
Buildings or other structures used
as facilities or amenities used for national defence and security purposes.
Ministry of National Defense and Ministry of Public Security shall provide
detailed regulations on classification of defence construction projects.
APPENDIX II
(to
the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
Appendix IIa. Construction logbook
Appendix IIb. As-built drawing
APPENDIX IIA
CONSTRUCTION
LOGBOOK
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
1. Construction logbook is created
by a construction contractor for each construction package or the entire
construction project. If a subcontractor is involved in the construction
project, the general contractor or the main contractor will agree with the
subcontractor on responsibilities for creating the construction logbook for the
work that the subcontractor performs on their part.
2. The investor agrees with the
construction contractor on the form and contents of the construction logbook
prior to commencement.
3. The logbook must contain the
following main information:
a) Latest developments of
construction conditions (e.g. temperature, weather and other related
information); the number of workers and equipment marshaled by the construction
contractor to make available at the construction site; construction activities
that are tested and inspected at the construction site on a daily basis;
b) Detailed description of
incidents, breakdowns, failures, workplace accidents, other issues and
corrective or remedial measures or actions during the construction period (if
any);
c) Recommendations made by the
construction contractor or the construction supervisor or superintendent (if
any);
d) Opinions and feedbacks on
solving and addressing issues arising during the construction period that are
received from stakeholders.
4. In case where the investor and
the contractor engaged in construction activities issue a written document to
solve technical problems at the construction site, these documents must be kept
together with the construction logbook.
APPENDIX IIB
AS-BUILT
DRAWING
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
1. Formulation of as-built drawing:
a) In case where the actual
dimensions or parameters of a construction work do not exceed the permissible
errors of the design dimensions or parameters, a construction drawing may be
photocopied, signed and sealed by stakeholders as an as-built drawing. If the
actual dimensions or parameters change compared to the design dimensions or
parameters referred to in the approved construction drawing, the construction
contractor may write the values of the actual dimensions or parameters in
brackets next to or underneath the pre-existing values in this drawing sheet;
b) Where necessary, the
construction contractor may make a new as-built drawing with a frame of
“as-built drawing” title similar to the sample seal of as-built drawing specified
in this Appendix;
c) The hidden parts of a
construction work must be shown in the as-built drawing or measured to
determine their actual dimensions or parameters before further activities may
proceed;
d) As a consortium contractor, each
consortium member must be responsible for making the as-built drawing of the
work that they perform on their part, not authorizing any other consortium
member to do so on their behalf.
2. As-built drawing seal samples:
Sample No.1:
|
CONSTRUCTION
CONTRACTOR’S NAME
|
|
AS-BUILT
DRAWING
day…
moth… year…
|
|
Made
by
(Write
full name, title and sign)
|
Construction
foreman or project director
(Write
full name and sign)
|
Chief
supervision consultant
(Write
full name, title and sign)
|
Annotation: Do
not apply under general construction contracts. Seal size changes depending on
font sizes.
Sample No.2:
|
CONSTRUCTION
CONTRACTOR’S NAME
|
|
AS-BUILT
DRAWING
day…
moth… year…
|
|
Made
by
(Write
full name, title and sign)
|
Construction
foreman or project director of subcontractor
(Write
full name and sign)
|
Construction
foreman or project director of general contractor
(Write
full name and sign)
|
Chief
supervision consultant
(Write
full name, title and sign)
|
Annotation: Apply
under general construction contracts. Seal size changes depending on font
sizes.
APPENDIX III
GENERAL
SAFETY PLAN
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
1. Occupational safety management
policies
(Fundamental rules for occupational
safety management; legislative regulations; developing, disseminating and
implementing the plan).
2. Diagram of organization of the
occupational safety management department; responsibilities of concerned
organizations and individuals.
3. Occupational safety training
regulations
(Providing training for persons
in charge of occupational safety, persons tasked with occupational safety
activities and workers; planning scheduled or unscheduled training
sessions).
4. Regulations on daily, weekly,
monthly or periodic work process with respect to the works subject to specific
occupational safety requirements.
5. Safety requirements for
construction site planning.
(General requirements; traffic
and transportation roads; loading of materials, fuels, components and other
related site planning requirements).
6. Regulations on specific
occupational safety measures at construction sites.
(Measures for prevention of
accidents related to falls; measures for prevention of accidents related to
flying objects and falling objects; measures for prevention of accidents
related to structural collapses; measures for prevention of accidents related
to machinery and equipment used in construction activities; measures for
prevention of accidents related to electricity, welding; measures for
prevention of accidents related to construction on and under the water;
measures for prevention of accidents related to construction of underground
works; measures for prevention of accidents related to fire and explosion;
measures for prevention of accidents affecting communities and neighboring
works; traffic accident prevention measures and other related occupational
accident prevention measures).
7. Regulations on provision,
management and use of personal safety equipment
(Protective helmets; safety
belts, coats; eye, ear, face, hand, and foot protection equipment; life
jackets; respirators, air-purifying respirators; first aid boxes and other
related tools and equipment).
8. Occupational health and
environment management
(Occupational health, sanitation
management, workplace environment monitoring systems and other systems related
to occupational health and workplace environment management).
9. Emergency response regulations
(Communication networks,
relevant procedures for response to emergencies).
10. Procedures for regular and
irregular tracking and reporting of occupational safety management activities
(Tracking and reporting on the
implementation of the general plan on occupational safety; reporting on
occupational accidents and incidents causing unsafety at workplace during the
construction process; sharing information about accidents and incidents with
the aim of raising awareness amongst employees).
11. Appendices, forms, templates
and images attached thereto.
APPENDIX IV
REPORT
ON CONSTRUCTION SUPERVISION ACTIVITIES
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
Appendix IVa. Periodic report on
construction supervision activities.
Appendix IVb. Report on completion
of construction supervision of the construction package, phase, construction
work.
APPENDIX IVA
(to
the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
…(1)…
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No.:
……./……
|
……,
day……month……year……
|
PERIODIC
REPORT ON CONSTRUCTION SUPERVISION OF CONSTRUCTION WORK/CONSTITUENT
To:
………(2)…….
……(1).... is reporting on the
construction supervision of construction work/constituent ....(3).... from (dd/mm/yyyy)……to
(dd/mm/yyyy)……. as follows:
1. Evaluating the comparability of
the scale and function of the construction project with the construction permit
(for construction works requiring construction permits), approved construction
design, technical instructions, construction measures, safety measures and
technical regulations and standards applicable to the construction project.
2. Evaluating the comparability of
the construction contractor's capacity with their bid and the construction
contract:
a) Construction unit’s name;
b) Evaluating the conformity of the
capability of the contractor’s construction foreman and project director,
construction engineering chief to the construction contract and legislative
regulations;
c) Making the statistics and assessment
of the conformity of construction machinery and equipment arising within the
reporting period to the construction contract.
3. Evaluating the volume and
progress of the work completed during the reporting period, construction work
and labor safety during the construction period:
a) Construction quantities
completed within the reporting period. Volume of work that have already been
tested. Comparing the current construction progress with the general
construction schedule and describing causes of delay (if any);
b) Comparing the construction
organization with the approved construction approach. Describing any change in
the construction approach (if any);
c) Evaluating implementation of the
approved safety plan.
4. Making a statistics of tests
conducted in the reporting period, including the number of results of each
test. Evaluating the quality control of testing and inspection of building
materials, products, components and built-in equipment according to the
approved testing plan.
5. Making a statistics of
construction work already undergoing testing and commissioning within the
reporting period, staged testing or commissioning activities (if any).
6. Making a statistics of design
changes at the construction site during the reporting period.
7. Making a statistics of quality
issues and defects, incidents (4) arising within the reporting period (if any);
quality problems, issues and defects that are already remedied during the
reporting period. Evaluating causes, methods and results of
remedy according to regulations.
8. Recommendations concerning
construction duration, personnel, design and other engineering matters.
|
|
CHIEF
SUPERVISOR
(Signature
and full name)
|
Annotation:
(1) Construction supervision unit’s
name.
(2) Project owner’s name.
(3) Name of the construction
work/constituent.
(4) Where any incident occurs
within the reporting period, the dossier stating handling of such incident must
be attached to the report in accordance with the regulation......(1).........
APPENDIX IVB
(to
the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
…(1)…
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No.:
……./……
|
……,
day……month……year……
|
REPORT
ON COMPLETION OF CONSTRUCTION SUPERVISION OF CONSTRUCTION PACKAGE/ PHASE/
CONSTITUENT/CONSTRUCTION PROJECT
To:
……….(2)……….
……(1).... is sending a report on
construction supervision activities for....(3).... as follows:
1. Project scale:
a) Describing the project’s scale
and functions: main specifications, major functions of parts or constituents;
b) Evaluating the comparability of
the scale and function of the construction project with the construction permit
(for construction works requiring construction permits), approved construction
design, technical instructions, construction measures, safety measures and
technical regulations and standards applicable to the construction project.
2. Evaluating the comparability of
the construction contractor's capacity with their bid and the construction
contract.
3. Evaluating the volume and
progress of the completed work, the performance of construction organization
and occupational safety activities during the construction period.
4. Evaluating the testing and
inspection of building materials, products, components and built-in equipment
according to the approved testing plan.
5. Evaluating the organization work
and results of the inspection, monitoring and control test (if any).
6. Evaluating the testing and
commissioning of construction works, staged testing or commissioning activities
(if any).
7. Describing changes in design and
inspection and approval of the revised design during the construction period
(if any).
8. Describing quality issues, defects,
incidents occurring during the construction period (if any) and evaluating
causes, methods and results of remedial action in accordance with regulations.
9. Evaluating the conformance
quality management dossier to regulations.
10. Evaluating compliance with
legislative regulations on environment, laws on fire prevention and fighting,
and other relevant provisions of laws (if any).
11. Evaluating conformance of
operation and maintenance procedures to regulations.
12. Evaluating requirements concerning
testing or commissioning after completion of the construction package, phase,
construction work.
|
CHIEF
SUPERVISOR
(Signature
and full name)
|
LEGAL
REPRESENTATIVE OF
…..(1)….
(Signature,
full name, title and seal)
|
Annotation:
(1) Construction supervision unit’s
name.
(2) Project owner’s name.
(3) Name of the construction
package/phase/constituent/project.
APPENDIX V
(to
the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
…(1)…
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No.:
……./……
|
……,
day……month……year……
|
NOTICE
OF COMMENCEMENT OF CONSTRUCTION WORK OR CONSTITUENT
|
To:
|
…………..(2)…………
…………..(3)…………
|
……(1)…… is reporting on the
commencement of the construction work as follows:
1. Name of the construction
work:…………of the project………….
2. Construction site:
……………………………………………………………………………..
3. Project owner’s name and
address: …………………………………………………………………
4. Name and phone number of the
person directly in charge of the construction work/constituent: ……………………………..
5. Scale of the construction work
(describing its scale, main technical specifications and functions).
6. List of main contractors and sub-contractors
(if any): (general contractor, main contractors for construction survey,
construction design, construction, supervision of construction and project
management).
7. Construction commencement date
and proposed completion date.
|
Recipients:
-
As stated above;
-
Deposited with…;
-
Attached documents (4)
|
PROJECT
OWNER’S LEGAL REPRESENTATIVE
(Signature,
full name, title and seal of the legal entity)
|
Annotation:
(1) Project owner’s name.
(2) Name of the construction regulatory
authority at the locality where the construction site is located.
(3) Name of the construction
authority inspecting the testing and commissioning of the construction work as
prescribed in Clause 2, Article 24 of this Decree if the work is subject to the
testing or commissioning requirement as prescribed in Clause 1 of Article 24 in
this Decree.
(4) According to Points b, e, h and
i, Clause 2, Article 89 of Law No. 50/2014/QH13, which is amended and
supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, design documents
must be enclosed; According to Point g, Clause 2, Article 89 of Law No.
50/2014/QH13, which is amended and supplemented in Clause 30, Article 1 of Law
No. 62/2020/QH14, the followings must be enclosed: design documentation, other
documents and records giving evidence of conformance to construction licensing
requirements.
APPENDIX VI
APPLICATION
PACKAGE FOR INSPECTION OF TESTING AND COMMISSIONING AFTER COMPLETION OF
CONSTRUCTION WORK OR CONSTITUENT
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
Appendix Via. Report on completion
of the construction work
Appendix VIb. List of project
completion documents
APPENDIX VIA
REPORT
ON COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
…….(1)…….
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No.:
…….……
|
……,
day……month……year……
|
REPORT
ON COMPLETION OF CONSTRUCTION WORK OR CONSTITUENT
To: ………………….(2)…………………………….
……..(1)………… is filing the report on
results of testing and commissioning after completion of the construction work,
including:
1. Name of the construction
work:…..(3)…… of the project………….
2. Construction site:
……………………………………………………………………..
3. Name and phone number of the
person directly in charge of the construction work/constituent: ……………………….
4. Size of the construction work:
(summarizing main technical specifications).
5. List of contractors (general
contractor, main contractors for construction survey, construction design,
construction and supervision of construction).
6. Construction commencement date
and proposed completion date.
7. Quantity of main construction
activities that have already been carried out.
8. Comparing quality of the
construction work to that required in the design.
9. Reporting on conditions for
bringing the construction work into operation or in use.
10. Attaching the list of documents
about completion of the construction work.
The project owner undertakes to
organize the construction work to ensure conformity with the evaluated and
approved design documentation and the construction permit (or exemption clauses
according to the provisions of law); gathers all required documents on
completion of construction and organizes the testing and commissioning of the
construction work in accordance with the provisions of law. It is requested
that ....(2).... conducts the inspection of testing and commissioning of the
construction work.
|
Recipients:
-
As stated above;
-
Deposited with…;
|
PROJECT
OWNER’S LEGAL REPRESENTATIVE
(Signature,
full name, title and seal of the legal entity)
|
Annotation:
(1) Project owner’s name.
(2) Construction authority that
inspects the project owner’s testing and commissioning under its jurisdiction
as provided in clause 2 of Article 24 in this Decree.
(3) Name of the construction work
or part of the construction work required when needing the inspection of the
partial testing.
APPENDIX VIB
LIST
OF PROJECT COMPLETION DOCUMENTS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
I. INVESTMENT PREPARATION
DOCUMENTS AND CONTRACTS
1. Investment policy decision and
investment pre-feasibility study report (if any).
2. Decision of approval of
investment project and investment pre-feasibility study report or investment
economic-technical report.
3. Design objectives, written
evaluation and consultation documents of agencies involved in the appraisal of
construction investment projects and initial designs.
4. Compensation plan for land
acquisition, site clearance and construction of resettlement areas (if any).
5. Written regulatory documents
issued by state organizations (if any) regarding: planning agreement, agreement
or approval of use or connection to engineering works outside perimeter fences;
assessment of environmental impacts, traffic safety or safety for adjacent
works and other relevant ones.
6. Land assignment or lease
decision of competent authority, or land lease contract required in case of not
being assigned land.
7. Construction permit, except as
being exempted from the construction permit submission requirement.
8. Decision on appointment of
contractor, approval of results of selection of contractors, and construction
contract between the investor and contractors.
9. Documents evidencing
contractors’ conformance to legally prescribed competency requirements.
10. Other relevant documents and
records available at the investment preparation stage.
II. CONSTRUCTION SURVEY OR DESIGN
DOCUMENTS
1. Survey objectives, technical
plans for construction survey, construction survey report.
2. Written notice of approval for
the testing of construction survey results.
3. Results of construction design
examination and assessment; decision on approval of construction design
enclosed in the approved construction design documentation (including the list
of drawings attached); technical instructions.
4. Written notice of approval for
the testing of construction design.
5. Other relevant documents and
records available at the construction survey and design stage.
III. CONSTRUCTION QUALITY
MANAGEMENT DOCUMENTS
1. List of design changes made
during the construction process and written documents on appraisal and approval
by competent authorities.
2. As-built drawing (enclosing the
list of drawings).
3. Construction quality inspection
and control plans and approaches.
4. Documents evidencing origin of
goods, labels of goods, documents on announcement of standards applicable to
products and goods; certification of regulatory conformance, announcement of
regulatory conformance, notification of receipt of documents on announcement of
regulatory conformance by specialized agencies; certification of standard
conformity (if any) in accordance with the Law on Product and Commodity
Quality.
5. Results of observations (if
any), surveys or experiments conducted during the construction period.
6. Reports on the pre-commissioning
tests of construction works, construction constituents or at specific
construction stages (if any) during the construction period.
7. Results of controlled
experiments, construction quality inspections and tests on the bearing capacity
of building structures (if any).
8. Documents on management of
quality of equipment installed in construction projects.
9. Procedures for operation and use
of construction works (if any); construction maintenance procedures.
10. Written agreement, arrangement
or endorsement issued by regulatory bodies (if any) regarding:
a) Migration of population living in
reservoir areas, and survey of historical and cultural sites;
b) Fire safety;
c) Environmental safety;
d) Occupational safety, safety for
operation of construction equipment and technological devices;
dd) Implementation of construction
permits (if construction permits are required);
e) Permission for connection to
engineering and other relevant facilities;
g) Written documents of specialized
construction and urban development authorities on the completion of the
project's relevant technical infrastructure works according to the construction
plans stated in the appraised and approved feasibility study reports;
h) Other documents prescribed by
relevant laws.
11. Documents on handling
construction incidents (if any).
12. Appendices on issues that need
to be addressed and corrected (if any) after the construction work is put to
use.
13. Report on test of completion of
the construction work.
14. Written notices of the
competent authorities prescribed in clause 2 of Article 24 herein (if any).
15. Relevant documents and records
in the course of checking the pre-commissioning tests specified in Article 24
of this Decree (if any).
16. Other relevant documents and
records existing at the construction and construction testing design stage.
Annotation:
When submitting the application for
the inspection of completion of the construction work as prescribed at Point a,
Clause 6, Article 24 of this Decree, the investor only sends a checklist of
documents stated in this Appendix, except for those specified in Clauses 13,
14, 15 of this Appendix.
APPENDIX VII
(to
the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
…….(1)…..…
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No.:
…….……
|
……,
day……month……year……
|
NOTICE
RESULTS
OF INSPECTION OF TESTING AND COMMISSIONING AFTER COMPLETION OF CONSTRUCTION
WORK OR CONSTITUENT
To:
………….(2)…….......
Pursuant to the Government’s Decree
No. .../2021/ND-CP dated January…, 2021 on management of quality, construction
and maintenance of construction projects;
Pursuant to the construction permit
(4);
Pursuant to the design
documentation verified at the document No……..;
Pursuant to the report on
completion of construction of the project’s owner No….dated…;
Pursuant to the report on response
to issues of the project’s owner No….dated… (if any);
Pursuant to the written document
stating approval of testing and commissioning of fire safety system No. (if
any);
Pursuant to the written
certification of completion of environmental protection work No. (if any);
Pursuant to relevant documents
prescribed by specialized laws (if any);
Pursuant to results of inspection
of the construction work dated……….,
…………(1)...... agrees the results of
testing and commissioning by ……….(2)……….. to bring the following construction
work/constituent into operation:
1. General information:
a) Name of the construction
work/constituent: ....(3)....
b) Construction site: …………………..
c) Type and class of the
construction work
d) Description of main
specifications.
2. Requirements of the project
owner
- Archiving construction
documentation as prescribed.
- Managing and operating the construction
project according to its approved designed usability.
- Other requirements (if any).
|
Recipients:
-
As stated above;
-
Deposited with ...
|
LEADER
OF THE AUTHORIZED ENTITY/PERSON
(Signature,
full name, title and seal of the legal entity)
|
Annotation:
(1) Name of the construction
authority that inspects the project owner’s testing and commissioning under its
jurisdiction as provided in clause 2 of Article 24 in this Decree.
(2) Project owner’s name.
(3) Clearly stating the construction
work/constituent and scope of testing and commissioning activities.
(4) Exemption from the construction
permit: Clarifying grounds for exemption in accordance with laws.
APPENDIX VIII
LIST
OF LARGE CONSTRUCTION PROJECTS USING COMPLICATED TECHNIQUES
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
|
No.
|
Type
of construction works
|
Classification
criteria
|
Scale
|
|
1
|
Airport
|
Passenger
throughput (million/year)
|
≥
20
|
|
2
|
Express motorway
|
Design
speed (km/h)
|
≥
100
|
|
3
|
Bridge
|
Longest
span (m)
|
≥
150
|
|
4
|
Traffic tunnel
|
Length
(m)
|
≥
1,500
|
|
5
|
Express railway, high-speed
railway, urban railway
|
Significance
|
On
every scale
|
|
6
|
Seaport
|
Deadweight
tonnage (DWT)
|
≥
100,000
|
|
7
|
Oil refinery, petrochemical,
petrochemical refinery
|
Total
capacity (million tonnes/year)
|
≥
2
|
|
8
|
Hydropower project
|
Total
capacity (MW)
|
≥
200
|
|
9
|
Thermal power project
|
Total
capacity (MW)
|
≥
1,000
|
|
10
|
Reservoir
|
Retention
capacity corresponding to the normal water level rise (million m3)
|
>
1,000
|
|
11
|
Other large construction projects
using complicated techniques approved by the Prime Minister on an annual
basis.
|
APPENDIX IX
LIST
OF PAPERWORK FOR MANAGEMENT, OPERATION AND MAINTENANCE OF CONSTRUCTION PROJECTS
(to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021)
1. Decision on approval of
investment project and investment pre-feasibility study report or investment economic-technical
report.
2. Construction survey report.
3. The construction drawing that
has been certified by the project owner (enclosing the list of drawings) and
design changes occurring during the construction process.
4. As-built drawing (enclosing the
list of drawings).
5. Results of construction quality
monitoring and inspection, structural bearing capacity testing (if any) during
the construction process, list of equipment, spare parts, supplies reserved for
use as substitutes and other relevant documents.
6. Dossier on management of quality
of built-in equipment.
7. Procedures for operation and use
of construction works (if any); construction maintenance procedures.
8. Dossier on response to
construction incidents (if any).
9. Report on testing and
commissioning of completion of the owner’s construction work put to use.
Appendices of issues to be dealt with or remedied (if any).
10. Notice of approval of results
of testing and commissioning after completion of the construction work from a
construction authority (if any).