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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
17/2000/QD-BXD
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Hanoi,
August 02, 2000
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DECISION
PROMULGATING THE REGULATION ON QUALITY CONTROL OF
CONSTRUCTION WORKS
THE MINISTER OF CONSTRUCTION
Pursuant to the Government’s Decree No. 15/CP
of March 4, 1994 defining the functions, tasks and organizational structure of
the Ministry of Construction;
Pursuant to the Government’s Decree No. 52/1999/ND-CP of July 8, 1999 promulgating
the Regulation on Investment and Construction Management;
Pursuant to the Government’s Decree No. 12/2000/ND-CP of May 5, 2000 amending
and supplementing a number of articles of the Regulation on Investment and
Construction Management issued together with the Government’s Decree No.
52/1999/ND-CP of July 8, 1999;
At the proposal of the director of the Department for State Expertise of
Construction Work Quality,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on Quality Control of
Construction Works, which replaces the Regulation on Quality Control of
Construction Works issued together with the Construction Minister’s Decision
No. 35/1999/QD-BXD of November 12, 1999.
Article 2.- This
Decision shall be implemented nationwide and take effect 15 days after its
signing.
Article 3.- The
ministers, the heads of the ministerial-level agencies, agencies attached to
the Government, financial management agencies of the Party Central Committee
and of the central bodies of political and socio-political organizations, the
presidents of the People’s Committees of the provinces and centrally-run
cities, the Managing Boards of the State corporations, the concerned
organizations and individuals shall have to implement this Decision.
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MINISTER OF CONSTRUCTION
Nguyen Manh Kiem
REGULATION
ON QUALITY CONTROL OF CONSTRUCTION WORKS
(Issued
together with the Construction Minister’s Decision No. 17/2000/QD-BXD of August
2, 2000)
Chapter I
GENERAL PROVISIONS
Article 1.- Objects
and scope of regulation
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Article 2.-
Interpretation of terms
In this Regulation, the following terms shall be
construed as follows:
1. Construction work quality means the general
requirements on the safety, durability, techniques and aesthetic view of works
in conformity with the construction standards, technical criteria, economic
contracts and the State’s current legislation.
2. Quality control of construction works means a
combination of activities of agencies with the management functions through
such measures as elaboration of quality plans, inspection of quality, assurance
of quality and improvement of the works quality.
3. Assurance of the quality of construction
works means the entire planned and systematic activities carried out in all the
stages of investment preparation, investment execution and completion of
construction and putting the projects into exploitation and use.
4. Elaboration of plans for construction work
quality means the setting of quality objectives of the works, measures and
tempo of organization of quality control of the works.
5. Preliminary design means the documents
demonstrated in the expositions and drawings on the planning, architecture,
structure and arrangement of the technological and technical systems,
concretizing principal elements stated in the feasibility study reports. The
preliminary designs shall be approved together with the feasibility study
reports to serve as basis for elaboration, expertise and approval of technical
designs or technical-construction designs.
6. Technical design (deployment design) means
the documents demonstrated in the expositions and drawings which are developed
on the basis of the preliminary designs approved together with the feasibility
study reports. The technical design dossiers must ensure all the conditions for
elaboration of total cost estimates, bidding dossiers as well as elaboration of
construction drawings.
7. Construction drawing design (detailed design)
means the documents demonstrated in the drawings made on the basis of the
approved technical designs if designing is made according the order of
"preliminary design - technical design - construction drawing
design." The construction drawing design dossiers must demonstrate the
architectural details, structural details, technical systems of the works
(power supply, water drainage and supply, gas supply, air-conditioning...) and
technologies so that the construction and installation contractors can proceed
with the construction.
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9. Design expertise means the work performed by
agencies competent to examine the legal status of designing organizations and
individuals, the legality of designing dossiers, to check the compatibility
between the contents of the designing dossiers and the approved contents of the
investment decisions, the rationality of designing solutions and the total cost
estimates, which shall serve as basis for the competent levels to approve the
technical designs and total cost estimates.
10. Authorship supervision means the work
performed by the designing units at the construction sites during the
construction process in order to inspect and protect the designers’ authorship,
explain or handle problems or changes arising at the sites, aiming to ensure
the design requirements.
11. Construction supervision by the investors
means the regular and constant activities carried out at the construction sites
by the investors or their lawful representatives to control the volume, quality
and tempo of the construction and installation work performed by the
contractors according to the economic contracts and the approved designs, the
construction standards and applied technical criteria.
12. Inspection of construction and installation
quality means activities carried out by units having the legal person status,
which use various technical means to examine, test and quantify one or several
properties of products or construction works and compare the results with the
designing requirements and the applied technical criteria.
13. Expertise of construction work quality means
activities carried out by agencies with the function of State management over
the construction works quality, based on the construction standards and applied
technical criteria, legal documents and quality inspection results so as to
make evaluation and conclusion on the quality of construction products or
works.
14. Completed construction drawings mean the
drawings made by the construction and installation contractors on the basis of
results of measurement and examination of the construction and installation
products already completed at the sites and certified by the investors or their
lawful representatives. Where the construction complies with the design drawing
as well as the applied technical criteria, is certified by the investors or
their lawful representatives, the design drawing shall be regarded as the
completed construction drawing.
15. Construction and installation warranty means
the law-prescribed compulsory guarantee by the construction and installation
contractors within a certain period of time for the quality of the products
which have already been finished and put into use. The construction and
installation contractors are obliged to fix damage they cause during the
warranty duration.
16. Construction maintenance means the
law-prescribed compulsory quality guarantee by the use managers or owners of
the works which need to be repaired, replaced, functionally rehabilitated in
order to ensure their longevity and operation safety, aiming to maintain the
strength-bearing capacity, aesthetic view, the use or operation of parts,
construction items and/or works which have operated according to a time cycle
prescribed by the designs and the manufacturers. The use managers or owners of
the works shall have the responsibility and obligation to maintain the works
according to the designs’ and manufacturers’ prescriptions already approved by
the competent authorities.
17. The specialized technical management
ministries: are the ministries and ministerial-level agencies with the function
of State management over specialized technical aspects such as of fire and
explosion prevention and fight; environmental safety, labor safety; industrial
safety, dyke safety, traffic safety, postal service, security, defense…
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- The Ministry of Construction;
- The Ministry of Communications and Transport;
- The Ministry of Industry;
- The Ministry of Agriculture and Rural
Development;
- The Ministry of Defense;
- The Ministry of Public Security;
- The General Department of Post and
Telecommunications.
Article 3.- Division
of responsibility for State control of construction work quality
1. The Ministry of Construction:
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a/ Promulgate legal documents on quality control
in the survey, designing, construction and installation work, pre-acceptance
test, hand-over of works, construction and installation warranty, maintenance
of works; agree to let the ministries involved in specialized construction and
specialized technical management ministries promulgate regulations on quality
control of specialized construction works and of specialized technical aspects
of the works.
b/ Guide and inspect the implementation of legal
documents on quality control of construction works. Regularly or irregularly
inspect the assurance of construction work quality by the investors, designing
consultants and construction and installation contractors, especially for works
of Group A projects. Propose the handling of violations regarding construction
work quality. Directly organize, when necessary, the inspection of the works’
quality.
c) Expertise construction works’ incidents
according to responsibility division.
d) Sum up and report to the Prime Minister the
construction work quality biannually and annually as prescribed.
The Department of State Expertise of
Construction Work Quality under the Ministry of Construction shall assist the
Minister of Construction in discharging the above responsibilities. Where the
Prime Minister decides to set up the State Council for Pre-Acceptance Test of
Construction Work Quality with regard to important works of the State level,
the Department of State Expertise of Construction Work Quality shall act as the
standing body of the Council.
2. The provincial-level People’s Committees:
a) The provincial/municipal Construction
Services and other Services involved in specialized construction shall assist
the provincial-level Peoples Committees in exercising the State control of
construction work quality in their respective localities, having the
responsibility to:
- Guide and inspect the implementation in their
localities of the legal documents on quality control of construction works.
Regularly or irregularly inspect the assurance of construction quality by the
investors, designing consultants as well as construction and installation
contractors. Propose the handling of violations regarding construction work
quality and expertise the construction work incidents according to
responsibility division, especially for works of Group B and C projects under
the local management. Directly organize, when necessary, the inspection of the
quality of works in the localities.
- Report to the provincial-level People’s
Committees on the quality of the construction works in the localities.
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b/ The provincial/municipal Services and the
district/ward or commune People’s Committees assigned by the provincial-level
People’s Committees to act as project owners shall have to bear the
responsibility for the construction quality control according to the contents
of this Regulation.
c/ The provincial/municipal Construction
Services shall act as the coordinating agencies to assist the provincial-level
People’s Committees in summing up and making biannual reports on the quality of
the construction works in the localities and send such reports to the Ministry
of Construction so that the latter can sum up and report the situation to the
Prime Minister.
3. The ministries involved in specialized
construction:
a/ To promulgate regulations on quality control
of specialized construction works after obtaining agreement thereon from the
Ministry of Construction.
b/ To guide and inspect the implementation of
the regulations on quality control of specialized construction works under
their respective management nationwide.
c/ To regularly or irregularly inspect the
assurance of quality of specialized construction works by investors, design
consultants and construction and installation contractors; directly inspect the
quality of specialized construction works. To propose the handling of
violations regarding the quality of specialized construction works.
Particularly for Group A specialized construction works, the performance of the
above work requires the coordination with the Ministry of Construction.
d/ To send biannual reports on the specialized
construction quality to the Ministry of Construction so that the latter can sum
up and report the situation to the Prime Minister.
4. Specialized technical management ministries:
a/ To promulgate legal documents on the quality
control of the specialized techniques in construction works after obtaining
agreement thereon from the Ministry of Construction.
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c/ To join the agencies with the function of
State management over construction work quality (according to responsibility
division in this Article) in inspecting the quality of such specialized
techniques as fire and explosion prevention and fight; environmental safety;
labor safety; industrial safety; dyke safety; traffic safety; postal
services... for each type of work with such requirements.
5. The ministries, ministerial-level agencies,
agencies attached to the Government, financial management agencies of the Party
Central Committee, central bodies of the political and socio-political
organizations (determined in the State Budget Law) which have investment
projects and are allocated capital for management of investment in constructing
works of the approved projects (called ministries with projects for short):
a/ To be responsible for organizing the
implementation of the regulations on the quality control of construction works
under their management through either their own functional agencies or
qualified project management bodies as prescribed by law.
b/ The functional agencies of the ministries
shall coordinate with and create conditions for the bodies with the function of
State management over construction work quality to inspect the assurance of the
quality of construction works; have to supervise the quality assurance by the
investors, design consultants and construction and installation contractors;
inspect, detect and propose the handling of, violations regarding the quality
of the construction works under the management of the ministries and at the
same time notify such to the concerned provincial/municipal Construction
Services and the Services involved in specialized construction in the
localities for coordination.
c/ The ministries with projects shall send
biannual reports on quality of construction works to the Ministry of
Construction so that the latter can sum up and report the situation to the
Prime Minister.
Article 4.- The
investors’ and contractors’ responsibilities for construction work quality
The surveying, designing,
construction/installation units shall have to take self-responsibility for the
quality and results of their work performed in the process of construction,
warranty and maintenance of works. The State encourages the application of
scientific management methods after the quality control model based on the
ISO-9000 standards.
1. The investors’ responsibility for quality
control of construction works:
a) To observe the provisions in Article 46,
Clause 1 of the Regulation on Investment and Construction Management, issued
together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999, and the
provisions in Articles 7, 8, 9, 14, 17 and 19 of this Regulation.
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c) To send biannual reports on the works’
quality to the agencies with the function of State management over the
construction work quality (according to responsibility division in Article 3 of
this Regulation).
2. Responsibilities of surveying and designing
units and individuals for quality:
The surveying and designing units shall have to
observe the provisions in Article 46, Clause 2 of the Investment and Construction
Management Regulation issued together with the Government’s Decree No.
52/1999/ND-CP of July 8, 1999 and at the same time take responsibility before
the investors as well as law for the product quality as contracted. Those who
assume the prime responsibility for the survey and/or designing must take
personal responsibility for the quality of the performed work.
3. Responsibility of the construction and
installation contractors for the construction work quality:
To comply with the provisions in Article 46,
Clause 3 of the Investment and Construction Management Regulation issued
together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999 and the
contents in Article 16 of this Regulation. The construction and installation
contractors shall have to take responsibility before law for the safety of the
works being under construction as well as adjacent works.
Chapter II
SURVEY, DESIGN,
EXPERTISE AND APPROVAL OF TECHNICAL DESIGNS AND TOTAL COST ESTIMATES
Article 5.- Construction
survey
1. The construction survey shall have to comply
with the technical criteria for survey and the designing requirements. The
surveying techniques plan must conform to each designing stage (preliminary
design, technical design or technical-construction design), the works’
characteristics (reflected in the construction survey technical requirements)
and suit the natural conditions of the projected construction sites. The
construction survey dossiers must be determined strictly according to the
construction sites, reflecting truthfully the real conditions of the
construction grounds, natural terrain, the works’ geology and meteorological,
hydrological and environmental conditions; conform to the construction
standards and the applied technical criteria. The construction survey results
must be evaluated, tested before acceptance with records made thereon by the
investors.
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Article 6.- Project
construction designing
1. The designing units shall take responsibility
for the quality of designing products. The designing products must conform to
the construction standards and applied technical criteria, the designing
requirements and the designing contracts. The designing products must conform
to the contents according to the designing order; in case of complicated
construction, there must be explanations and instructions on the construction
techniques applied to important structures and parts of the works, clearly
stating the specifications, types and necessary properties of the materials and
equipment used for the construction; there must be also explanations on the use
and maintenance of such works.
2. Each designing product (design blueprint)
must have a design leader; each big design blueprint (of groups A and B
projects) must have a design manager; the design blueprint leaders or managers
shall take personal responsibility for the quality and correctness of the
design blueprints, technical solutions and design anticipations. The contents
of preliminary design, technical design, construction drawing design and
technical-construction design of designing products are prescribed in Appendix
1 to this Regulation.
3. The designing units must have the designing
product quality control systems to evaluate the quality of designing products.
The designing products must be tested before acceptance by the investors and
the records thereon must be made.
4. The designing units must conduct the
authorship supervision during the process of construction and installation,
join the pre-acceptance test of the construction and installation stages, of
the completion of different items and the whole of the works before they are
put into operation and use; coordinate with the investors in handling any
problems and changes arising during the process of construction; supplement
and/or adjust the designs and cost estimates whenever there emerge changes. The
contents of the authorship supervision are prescribed in Article 18 of this
Regulation.
5. For specialized construction designs, they
must also comply with the regulations on contents of specialized construction
designing products.
6. The designing units may subcontract to other
units with the legal person status part of the designing work other than the
principal contents of the contracts already signed with the investors but still
have to bear responsibility before the investors and law for the subcontracted
part of the designing work.
Article 7.-
Pre-acceptance test of designing products
1. The pre-acceptance test of designing products
shall be carried out on the principle that the designing units shall have to
inspect by themselves and take full responsibility for the quality of the
designing products, and satisfy the requirements on designing product quality
stated in the designing contracts. The pre-acceptance test of designing products
shall be carried out on the basis of:
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b/ The designing dossiers with full contents and
in a sufficient number stated in Appendix 1 to this Regulation.
c/ The records on the pre-acceptance tests of
various designing stages between the investor and the designing unit.
2. The records on the pre-acceptance test of
designing products must clearly state the designing errors (if any) and the
request for correction thereof and at the same time make conclusions on the
design quality. The designing dossiers delivered for transfer to the investors
must comply with the regulations on systems of dossiers of designing documents
and drawings according to the applied criteria. The records on the
pre-acceptance test of designing products shall serve as basis for making final
settlement and payment of the designing contracts with the designing units.
Article 8.- Dossiers
submitted for evaluation and approval of technical designs and total cost
estimates or technical-construction designs and total cost estimates
The dossiers on technical designs and total cost
estimates submitted by the investors to the bodies competent to approve
technical designs and total cost estimates and concurrently to the bodies in
charge of evaluation of technical designs and total cost estimates shall each
include:
1. A written request for evaluation and approval
of the technical design and total cost estimate;
2. A copy of the decision approving the
investment project enclosed with the preliminary design dossier already
approved together with the project;
3. The survey dossier, the designing dossier as
stated in Appendix 1 to this Regulation;
4. The records on the pre-acceptance test of the
survey and designing products;
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Article 9.- Requirements
on the quality of design dossiers submitted for evaluation and approval
1. The design must conform to the contents of
the preliminary design, technical criteria and construction grade included in
the feasibility study report or the investment report already approved by the
competent level.
2. The design contents must comply with the
construction standards and applied technical criteria. The application of
foreign technical criteria must comply with the Construction Ministry’s
regulations.
3. The total construction cost estimate is made
on the basis of norms, unit prices, current regimes and policies relating to
construction investment expenditures, and must not exceed the total investment
amount inscribed in the investment decision.
Article 10.- Evaluation
of technical designs and total cost estimates.
1. Contents of the evaluation by the competent bodies:
a/ The legal status of the designing units
and/or individuals.
b/ The compatibility of the technical design
with the contents already approved in the investment decision regarding the
size, technology, capacity, economic-technical norms, planning, architecture,
construction standards, applied technical criteria. More concretely:
- Checking the compliance with the approved
contents regarding the construction size, technology, designed capacity,
construction grade and economic-technical norms in the approved feasibility
study report and preliminary design in terms of the planning, architecture
(particularly the construction location, boundary, height and density as well
as the land occupancy coefficient);
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c/ Environmental protection, fire and explosion
prevention and fight, labor safety, dyke safety and traffic safety and relevant
requirements.
d) The rationality of technical design solutions
as compared with the safety requirements according to the construction
standards and the applied technical criteria: requirements on the use of works,
requirements on safety during construction; changes (if any) compared to the
preliminary designs.
e/ Checking the correctness of the application
of norms, unit prices, regimes and policies of the State relating to
expenditures calculated in the total cost estimate.
f/ The compatibility between the construction
and installation volume calculated according to the technical design and the
construction and installation volume calculated in the total cost estimate.
g/ Determination of the value of the total cost
estimate including equipment, comparison with the approved total investment
amount.
2. The technical designs and cost estimates for
construction items may be evaluated according to bidding packages already
allocated in the project investment decision.
3. Upon the completion of evaluation, the
evaluating bodies shall have to make written reports on the evaluation of
technical designs and total cost estimates for submission to the competent
authorities for approval according to the evaluation contents mentioned above,
pointing to the designing errors (if any) and making conclusion on the use of
the designs.
4. For construction works of the production
and/or business investment projects and other investment construction projects
of individuals and organizations outside the State enterprises: The investors
shall employ qualified consulting units to evaluate the quality of the
technical designs according to the contents in Clause 1 (Items a, b, c and d)
of this Article before submitting them to the work construction permit-granting
bodies.
5. For construction of dwelling houses of
households and individuals: The Construction Ministry’s guidance on
construction permit granting shall be complied with.
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1. Works belonging to Group A projects:
The Ministry of Construction shall assume the prime
responsibility for organizing the expertise of the technical designs and total
cost estimates of works of group A projects of the ministries,
ministerial-level agencies, agencies attached to the Government, State
corporations established by decisions of the Prime Minister (Corporations 91),
and the provincial-level People’s Committees.
Particularly for traffic construction works of
the Ministry of Communications and Transport; mining construction works and
industrial construction works of Ministry of Industry; irrigation, agricultural
and forestrial construction works of the Ministry of Agriculture and Rural
Development; postal construction works of the General Department of Post and
Telecommunications; relic works of the Ministry of Culture and Information;
defense and national security works of the Ministry of Defense and the Ministry
of Public Security, the concerned ministries shall assume the prime
responsibility for organizing the expertise of the technical designs and total
cost estimates thereof, with the participation of the localities and concerned
ministries and branches.
2. Works belonging to Groups B and C projects:
The ministries and agencies mentioned in Clause
1 of this Article shall guide their subordinates to expertise the technical designs
and total cost estimates of works belonging to Groups B and C projects
under their respective management.
a/ For works belonging to projects funded with
the State budget capital:
The ministries, the ministerial- level agencies,
the agencies attached to the Government, the financial management bodies of the
Party Central Committees, the central bodies of political organizations,
socio-political organizations (determined in the State Budget Law) and the
provincial-level People’s Committees shall assign their respective agencies
having the construction management function to expertise the technical designs
and the total cost estimates of construction works under their respective
management.
b/ For works belonging to projects funded with
State-guaranteed credit capital, State development investment credit capital:
- The ministries, the ministerial-level
agencies, the agencies attached to the Government, the provincial-level
People’s Committees and the Managing Boards of the State corporations
established by decisions of the Prime Minister (Corporation 91) shall assign
their agencies having the construction management function to evaluate the
technical designs and the total cost estimates of the works.
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c/ For works belonging to State enterprises’
projects funded with development investment capital as prescribed in Clause 6
(Item 3), Article 1 of the Government’s Decree No. 12/2000/ND-CP of May 5,
2000: The persons competent to decide the investment in such projects shall
organize by themselves the evaluation of the technical designs and total cost
estimates of works.
d/ For construction works belonging to
production and business investment projects and investment construction
projects of individuals and economic organizations not under the State
enterprises: The construction permit-granting agencies shall examine the
technical designs according to the contents of Clause 1 (Items a, b, c and d),
Article 10 of this Regulation before granting the permits.
3. Works belonging to Groups B and C projects
under local management:
- The presidents of the provincial-level
People’s Committees shall, depending on the characteristics of the projects,
assign the provincial/municipal Construction Services or the Services involved
in specialized construction to expertise the technical designs and total cost
estimates of works.
- The specialized agencies of the district
People’s Committees shall organize the expertise of the technical designs and
total cost estimates for works belonging to projects with the investment
therein decided by the district/commune People’s Committees as assigned by the
provincial-level People’s Committees.
4. Besides using the expertise fees according to
Clause 5, Article 37 of the Investment and Construction Management Regulation
issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999,
when the investors and designing units fail to justify the contents mentioned
in Clause 1, Article 10 of this Regulation, the agencies expertising the
technical designs and total cost estimates may invite experts or qualified
consulting units to join the expertise (the designing units are not allowed to
participate in the expertise of their products). The expenses for inviting
experts or qualified consulting units shall comply with the Construction
Ministry’s guidance.
Article 12.- Approval
of the technical designs and total cost estimates
1. Works belonging to Group A projects:
The ministers, the heads of the
ministerial-level agencies, agencies attached to the Government and of the
Managing Boards of State Corporations established by decisions of the Prime
Minister (Corporations 91), the presidents of the provincial-level People’s
Committees having the investment projects shall approve the technical designs
and total cost estimates of the works belonging to Group A projects after they
have been evaluated by the Ministry of Construction
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2. Works belonging to Groups B and C projects
a/ For works of projects funded with the State
budget capital:
The ministers, the heads of the ministerial-
level agencies, the agencies attached to the Government, the financial
management bodies of the Party Central Committee, and of the central bodies of
political organizations, socio-political organizations (as determined in the
State Budget Law) and the presidents of the provincial-level People’s
Committees shall approve the technical designs and total cost estimates of
works under their respective management.
b/ For works belonging to projects funded with
the State-guaranteed credit capital and/or the State development investment credit
capital:
- The ministers, the heads of the
ministerial-level agencies and agencies attached to the Government, the
presidents of the provincial-level People’s Committees and the Managing Boards
of the State Corporations established by decisions of the Prime Minister
(Corporations 91) shall approve the technical designs and total cost estimates
of works under their respective management.
- The Managing Boards of State corporations
managed by the ministries, branches and localities, enterprises attached to the
ministries (when authorized by the ministries) shall approve the technical
designs and total cost estimates of works belonging to the investment projects
of Group C under their management.
c/ For works belonging to State enterprises’
projects funded with development investment capital prescribed in Clause 6
(Item 3), Article 1 of the Government’s Decree No. 12/2000/ND-CP of May 5,
2000: The persons competent to decide the project investment shall approve the
technical designs and total cost estimates thereof.
d/ For works belonging to production and
business investment projects and other construction projects of individuals and
organizations not belonging to State enterprises: The investors themselves
shall approve the technical designs and total cost estimates thereof.
3. For works belonging to Groups B and C
projects under local management:
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- The directors of the provincial/municipal
Construction Services or directors of provincial/municipal Services involved in
specialized construction shall approve the technical designs and total cost
estimates of works of Group C projects when it is so authorized by the
presidents of the provincial-level People’s
Committees.
- The presidents of the district People’s Committees shall approve the
technical designs and total cost estimates of works with investment therein
decided by the district/commune People’s
Committees as assigned by the provincial-level People’s
Committees.
4. The investors may approve the detailed
designs and cost estimates of the works’
auxiliary items (gates, fences, reception houses) and construction items not
subject to bidding according to regulations, which, however, must not affect
the approved technical designs and total cost estimates of the works.
5. For Group A projects with several component projects
each to be implemented according to the investment stages inscribed in the
document approving the pre-feasibility study reports, the technical designs and
total cost estimates of works belonging to these component projects shall be
evaluated and approved like those of independent projects.
6. For investment projects only on procurement
of equipment with specific specialized requirements, the ministries and
branches themselves shall evaluate and approve the technical designs and total
cost estimates thereof.
7. The contents of the decisions approving the
technical designs and total cost estimates or technical-construction designs
and total cost estimates shall comply with Clause 2, Article 38 of the
Investment and Construction Management Regulation promulgated together with the
Government’s Decree No.
52/1999/ND-CP of July 8, 1999.
Article 13.-
Responsibility of the agencies expertising and/or approving technical designs
and total cost estimates
Agencies competent to expertise and/or approve
the technical designs and total cost estimates shall be held responsible before
law for the expertise or approval contents prescribed in Articles 37 and 38 of
the Investment and Construction Management Regulation promulgated together with
the Government’s Decree No.
52/1999/ND-CP of July 8, 1999.
Chapter III
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Article 14.- The
requirements of the construction supervision
1. The construction supervision must be carried
out regularly, constantly and systematically throughout the process of project
construction and installation in order to prevent any technical errors, ensure
the pre-acceptance test of the volume and quality of the construction and
installation completed by the contractors under the approved designs, the
construction standards, the applied technical criteria, the labor safety
regulations and the bid contracts.
2. The construction-supervising organizations
and the supervisors must be professionally qualified for their job.
Article 15.-
Supervisory work during the construction process
The investors (or the construction supervising
units hired by the investors), the designing units (authorship supervision) and
the construction and installation contractors (self-supervision) must have the
specialized sections to systematically maintain the supervisory activities
throughout the construction and installation process from the time the
construction starts till the project is completed, pre-acceptance tested and
handed over according to this Regulation.
Article 16.- Quality
self-inspection by the construction and installation contractors
1. Requirements on quality self-inspection by
the construction and installation contractors: To comply with the designing
requirements and commitments made in the bid contracts. To strictly adhere to
the pre-acceptance test order defined in this Regulation as well as the
regulations on quality control of specialized construction works and
specialized techniques.
2. The construction and installation contractors
shall have to fully report on the process, plans and results of self-inspection
of the quality of materials, structures and construction products to the
investors for inspection and supervision.
3. The construction and installation contractors
shall only request the investors to organize the pre-acceptance test of the
completed construction and installation tasks after their specialized quality
inspection sections have conducted the quality inspection and made the
certification thereof.
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1. Requirements on the construction and
installation supervision by the investors: To strictly comply with the
designing requirements already approved by the competent authorities, with the
construction standards, applied technical criteria as well as quality
commitments under the bid contracts.
2. Construction supervision responsibilities of
the investors are prescribed according to various construction stages as
follows:
a/ The construction preparation stage:
- To examine the list, specifications, types and
properties of construction materials, structures, products and equipment to be
used in the works, which are prepared by the construction and installation
contractors;
- To examine the conditions and measures to
ensure construction safety for the works and safety for adjacent projects.
b/ The construction stage:
- To regularly monitor and supervise the
construction and equipment installation by the contractors. To check the
quality control system, quality plans, quality self-inspection procedures and
plan of the construction and installation contractors in order to ensure that
the works are constructed according to the approved designing dossiers. To
inspect the construction tempo and methods as well as measures to ensure labor
safety for the works and safety for adjacent projects, which are proposed by
the construction and installation contractors.
- To check the construction materials,
structures and products on the site; not to permit the use of construction
materials, structures and/or products incompatible to the quality criteria and
specifications. To check the equipment on the site; not to permit the use of
equipment incompatible to technologies and not gone through expertise. When
necessary, to take samples for expertise of quality and properties of
construction materials, structures and products.
- To check and certify the work volume, quality
and tempo.
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- To coordinate with concerned parties in
settling problems arising in the construction;
- To conduct the pre-acceptance test of
construction and installation works and stages, and the trial operation of
equipment;
- For construction parts, items or works which,
during the process of construction and installation, show signs of quality
deterioration, settlement and deformation
beyond the extents permitted in the designs or the applied technical
criteria, before they are tested and accepted, there must be a written
assessment of the impacts on the works by the designing units and the qualified
consulting units. The expenses for assessment of the impacts on the works shall
comply with the Construction Ministry’s
guidance.
c/ Construction completion stage:
- The investors (or the supervising units hired
by the investors) shall have to check and gather all legal dossiers and
documents on quality control of the works and make the list of dossiers and
documents on work construction completion.
- After inspection, the investors shall organize
the general pre-acceptance test of all construction items which have been
completed with quality up to the requirements of the approved design and to the
applied criteria for pre-acceptance test and make the record thereon.
Article 18.- Authorship
supervision by the designing units
1. Bases for supervision:
a/ The designing dossiers already approved by
the competent levels;
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c/ The overall construction method and
explanation; detailed construction methods for construction structures, parts
and items of special importance.
2. The supervision contents:
a/ Explaining the project designing documents to
the investors and construction and installation contractors for management and
construction in strict accordance with the designing requirements;
b/ Monitoring and coordinating in the settlement
of problems and/or changes of the designs in the construction process;
c/ Inspecting and joining in the pre-acceptance
test of main strength-bearing structures, important construction parts and
items;
d/ Regularly supervising the construction of
structures, parts and items designed according to state-of-the - art
technologies.
e/ Joining in the pre-acceptance test of each
stage of construction and installation, the trial operation of equipment and
the completion of items and the whole project.
3. The authorship supervision regime: irregular.
Article 19.-
Organization of pre-acceptance test
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2. The pre-acceptance test of the construction
and installation stage (foundation, body structures, technical systems of the
works…), the pre-acceptance
test of the general trial running of equipment, the pre-acceptance test of the
completed items or project shall be organized by the investors with the
participation of the designing units, construction and installation contractors
as well as the equipment supply contractors (if any).
For construction parts, items or works which
require fire and explosion prevention and fight or which, when being put into
exploitation and use, will adversely affect the environment and operation
safety, there must be the written approval of the above requirements by the
State bodies managing such specialized techniques when they are pre-acceptance
tested and put into use.
The bodies having the function of State
management over the construction work quality (as assigned in Article 3 of this
Regulation) shall check the pre-acceptance tests of the important stages of the
works; inspect the observance of the regulations on quality control of
construction works when the works are completed and put into use.
The records on the pre-acceptance tests of the
construction and installation tasks and stages, the general trial run of
equipment, the completed items or works shall be made according to Appendices
5, 6, 7 and 8 to this Regulation (These Appendices are not printed herewith).
The records on the pre-acceptance test of the
completed construction works shall serve as the legal basis for the investors
to carry out the procedures for hand-over of the works for putting into
exploitation and use and for the final settlement of the works and making asset
registration.
The expenses for organization of the
pre-acceptance tests of the construction and installation stages, the general
pre-acceptance test of the trial run of equipment and the pre-acceptance test
of the completed works shall be included in the works’
total cost estimates.
3. For works which are important or involve
complicated techniques and technologies, the Prime Minister shall decide to set
up the State Council for Pre-Acceptance Test at the proposal of the
Construction Minister or ministers of the ministries having projects in order
to inspect and examine the pre-acceptance tests by the investors.
a/ Responsibilities and powers of the State
Council for Pre-Acceptance Test shall be defined in the Prime Minister’s decision to set up the
Council.
b/ The State Council for Pre-Acceptance Test of
construction works shall coordinate with the immediate superior of the investor
in elaborating and promulgating the Council’s
working regulations.
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d/ The investor shall set up the grassroots
Council for Pre-Acceptance Test to advise the investor on the pre-acceptance
test and assist the State Council for Pre-Acceptance Test in checking and examining
the pre-acceptance test according to regulations.
e/ The grassroots Council for Pre-Acceptance
Test must not permit the hand-over and the putting of construction works into
operation and use when the State Council for Pre-Acceptance Test has not yet
considered the conclusion nor made the record on the State-level pre-acceptance
test. The grassroots Council for Pre-Acceptance Test shall have to
pre-acceptance test the completed construction and installation work, the
construction and installation stages, the trial running of equipment, the
completed construction items and works so that the investor officially proposes
the State Council for Pre-Acceptance Test to inspect and organize the
pre-acceptance test.
f) The funding for operation of the State Council
for Pre-Acceptance Test (including the grassroots Council for Pre-Acceptance
Test) shall be included in the total cost estimate of the work.
4. The investors shall have to submit and
archive dossiers and documents on the completion of construction works
according to the State’s
regulations on archiving dossiers and documents.
Article 20.- In cases
where foreign contractors participate in consultancy, expertise, supervision
and quality registration
1. They must be held responsible before laws of
the Socialist Republic of Vietnam and to the commitments in the bid contracts
for the quality of the results they have provided, and at the same time be
subject to the control by the State management agencies regarding the
specialized technical fields.
The results provided by the above foreign
contractors under the bid contracts shall serve as basis for the investors to
make consideration and evaluation in service of the pre-acceptance tests of
works according to this Regulation.
2. The State management bodies in charge of
specialized technical fields shall have to monitor and control the process of
consultancy, expertise, supervision and quality registration performed by the
foreign contractors; when necessary, they may inspect the results of work
performed by the foreign contractors.
Chapter IV
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Article 21.- Project
construction and installation warranty
1. The project construction and installation
warranty means the law-prescribed compulsory quality guaranty by the
construction and installation contractors for a particular minimum project
warranty duration (called the warranty period) as stipulated in Article 54 of
the Investment and Construction Management Regulation promulgated together with
the Government’s Decree No.
52/1999/ND-CP of July 8, 1999. The construction and installation contractors
shall have to repair any damage caused by themselves during the warranty
period.
2. The contractors shall not be responsible for
the project construction and installation warranty in the following cases:
a/ Damage caused to the construction works
during the warranty period not due to the contractors’
faults;
b/ Where in the construction and installation
warranty period, the construction parts, items and/or works are forced by
competent State bodies to be dismantled due to the investors’ violations of construction
legislation, the construction and installation contractors shall bear no
responsibility for warranty even when there have been technical errors in the
construction.
Article 22.- Work
maintenance
1. The work maintenance means the law-prescribed
compulsory quality guaranty by the use managers or owners of the works which
need to be repaired, replaced, functionally rehabilitated in order to ensure
their longevity and operational safety, aiming to maintain the strength-bearing
capacity, aesthetic view, utility or operation of the construction parts, items
or works which have been put into operation according to a time cycle
stipulated by their designs and manufacturers.
The use managers or owners of the works shall
have the responsibility and obligations to maintain the works according to the
design requirements and the manufacturers’
prescriptions approved by the competent levels.
2. Work maintenance duration:
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Where a work surpasses its use duration or fails
to ensure the quality requirements for continued use, there must be a document
of the consulting unit on its expertise and evaluation of the work’s present conditions, which
shall serve as basis for consideration and decision by the competent management
bodies.
b/ For specialized construction works, they must
also comply with the regulations of the ministries involved in specialized
construction regarding the construction maintenance duration.
3. Grades of work maintenance:
a/ The work maintenance is stipulated with four
grades:
- Maintenance;
- Minor repair;
- Medium repair;
- Overhaul.
b/ For the grades of maintenance and minor
repair, the use manager or owner of the construction work shall have to draw up
the annual maintenance plans.
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4. Work maintenance responsibility:
a/Where assigned works by the State for use
management, the use managers shall have to:
- Abide by the designing units’ technical instructions on the
maintenance process when operating, exploiting and/or using the works.
- Take responsibility before law for the quality
deterioration, the failure to maintain the strength-bearing capacity of
structures, construction parts, items and/or works and the unsafe operation due
to their failure to maintain the works as prescribed.
b/ In cases where the work is used through
leasing contracts, the lessees shall have to bear responsibility before law for
their failure to maintain the work as prescribed.
Chapter V
CONSTRUCTION WORK
INCIDENTS
Article 23.- The order
for handling the construction work incidents
1. When incidents occur to any construction
works, regardless of their sources of investment capital and forms of
ownership, which are being built, have been completed or being in use, they
shall be handled according to the following order:
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b/ Taking timely preventive measures to avoid
any impending dangers;
c/ Protecting the scene of incident;
d) Immediately reporting such to competent
bodies for settlement.
2. Within 24 hours after an incident occurs, the
construction and installation contractor, user or investor (depending on the
situation of project construction or use) shall have to report it to the bodies
with the function of State management over the quality of the construction
works (according to responsibility division in Article 24 of this Regulation)
and other responsible agencies, organizations and individuals for investigation
and handling of the incident.
3. Compiling dossiers on incidents:
a) When an incident occurs to the construction
work, the construction and installation contractor, user or investor shall base
on the extent of damage caused by the incident to make the dossier on the
incident or make a report thereon. In case where the incident dossier must be
compiled, a qualified construction-consulting unit may be hired for the job.
b/ Each incident dossier shall comprise:
- A record on the inspection of the scene where
the incident occurs;
- The results of the measuring, drawing (even
filming or photographing) of the present situation of the incident, paying
attention to important strength-bearing parts and structural details, cracks,
breaks, settlement, collapse, and other details necessary for investigation;
results of the testing of specimen to determine the quality of materials,
structures of construction works hit by the incident in order to analyze and
find out the cause of the incident;
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- Description of the incident development,
analysis and determination of the cause of the incident.
c/ Clearing up the incident scene:
- After getting adequate dossiers in service of
the investigation, analysis and determination of the cause of construction
incident, the incident-handling agency shall permit the construction and
installation contractor, user or investor to proceed with clearing up the
incident scene.
- In case of rescuing victims, dykes, dams,
bridges, sluices, opening up bridges or roads or preventing further incidents,
which require quick dismantlement or clearance of the incident scene, before
the dismantlement or clearance, the construction and installation contractor,
the user or the investor shall have to photograph, film, gather information and
records as much as possible according to the requirements defined in this
Article.
d/ Overcoming the incident:
-The repair or reconstruction of works hit by
incidents must ensure that the causes of incidents already determined in the
incident - handling records must be completely overcome.
- The incident-overcoming expenses shall be
borne by the units or individuals that have caused the incidents.
- Where an incident is caused by force majeure
circumstances, the investor or insurance organization (for insured works) shall
pay the expenses for overcoming the incident.
- Where the incident causes serious consequences
(human death or great loss to the State property), the persons at fault may
also be examined for penal liability according to law provisions.
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1. For construction works belonging to Group A
investment projects: The Ministry of Construction shall assume the prime
responsibility for the settlement, which is also joined by the
provincial/municipal Construction Services or the Services involved in
specialized construction (for specialized construction works) of the localities
where the construction works are located, the ministries having such projects
or the ministries involved in specialized construction (for specialized
construction works) and other relevant functional State management bodies.
2. For construction works belonging to Group B
or C investment projects: The provincial/municipal Construction Services shall
assume the prime responsibility for the settlement, which is also joined by the
Services having such projects or the Services involved in specialized
construction (for specialized construction works) and other relevant functional
State management bodies in the localities.
3. For construction works being dwelling houses
of households or individuals: The functional construction management agencies
(the Construction Sections) of the district Peoples
Committees shall assume the prime responsibility for the settlement. In case of
necessity, the agencies assuming the prime responsibility for the settlement of
incidents my invite representatives of the provincial/municipal Construction
Services and experts for their advice.
The responsible bodies mentioned in Clauses 2
and 3 of this Article shall have to report the incident settlement results to
the Ministry of Construction.
Chapter VI
INSPECTION AND HANDLING
OF VIOLATIONS REGARDING QUALITY CONTROL OF CONSTRUCTION WORKS
Article 25.- Inspection
of quality control of construction works
The inspection by the bodies having the function
of State control over the quality of construction works and by the direct management
agencies of the investors aims to ensure the quality of construction works,
promptly work out measures to prevent, overcome and stop acts of violation
regarding the quality of construction works. The inspection must be carried out
regularly or irregularly throughout the process of constructing and using the
construction works.
Article 26.- Handling
of violations regarding the quality control of construction works
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Chapter VII
IMPLEMENTATION PROVISIONS
Article 27.- This
Regulation takes effect 15 days after its signing. All other regulations
contrary to this Regulation shall be hereby annulled.
Article 28.- The
ministers, the heads of the ministerial-level agencies, the agencies attached
to the Government, the financial management agencies of the Party Central
Committee as well as the central bodies of political and socio-political
organizations, the presidents of the People’s
Committees of the provinces and centrally-run cities, the Managing Boards of
the State corporations, the concerned organizations and individuals shall have
to implement this Regulation.
MINISTER OF CONSTRUCTION
Nguyen Manh Kiem
APPENDIX 1
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I. CONTENTS OF DESIGN DOSSIERS
A. CONTENTS OF PRELIMINARY DESIGN DOSSIERS
1. Exposition:
1.1. Bases for making the preliminary design:
- The principal contents of the feasibility
study report;
- A list of the construction standards and
applied technical criteria;
- Requirements on planning, architecture and
technology;
- Natural and technical conditions: the works topographic, geological,
meteorological and hydrological seismic conditions of the construction site,
the environmental impacts, the present status of the works’ quality (in case of renovation
or repair), technical infrastructural works’
1.2. Exposition on the technological design:
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- Plans on environmental protection, fire and
explosion prevention and fight, operation safety…
1.3. Exposition on the construction design:
- The architectural plan which is compatible to
the planning, technology, use requirements, surrounding landscape and
environment..;
- The construction plan: base and foundation
reinforcement, major strength-bearing structures, the works’ technical systems; technical
infrastructures…;
- The projected volume of major construction and
installation tasks, materials, machinery and equipment’
of the work.
1.4. Economic-technical analysis:
- Bases for determination of the total
investment amount;
- Total investment amount;
- Comparison and selection of different
technological and construction options.
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- The present level ground conditions and the
work’s location in the map;
- Arrangement of the entire level ground area
(determining the construction sites, land occupancy areas, construction areas,
construction density, land use coefficient, construction boundary, construction
height…);
- Architectural plan: horizontal section,
vertical sections and major cross-sections of the work; the work’s perspective and model (if
necessary);
- Construction plan: base and foundation
reinforcement, major strength-bearing structures, the work’s technical system, technical
infrastructures..;
- Plan on the arrangement of the technological
chain.
- Plans on environmental protection, fire and
explosion prevention and fight, operation safety…
B. CONTENTS OF THE TECHNICAL DESIGN-TOTAL COST
ESTIMATE DOSSIER
1. Exposition:
1.1. Bases for making the technical design:
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- The approved preliminary design in the
feasibility study report;
- Summary of the preliminary design contents
(general planning, architecture, construction plan, technology…);
- A list of construction standards, technical
criteria, model design to be applied;
- Requirements on planning, architecture and
technology;
- Natural and technical conditions: the work’s topographic, geological,
meteorological and hydrological seismic conditions of the construction site,
the environmental impacts, the present status of the work’s quality (in case of renovation
or repair), technical infrastructures…
1.2. Exposition on the technological design
- Technological solutions, technological chains,
major technical parameters and economic-technical norms;
- A list of machinery, equipment and
technologies;
- The technical system accompanying the
technologies;
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- Operation procedures and techniques, work
maintenance.
1.3. Exposition on the construction design:
- Architectural solutions in line with the
general planning, technology, use requirements, surrounding landscape and
environment…;
- Construction solutions: base and foundation
reinforcement, main strength-bearing structures, the work’s technical system, technical
infrastructures…;
- A list of softwares to be used, explanations
on the major calculation steps;
- The total volume of major construction and
installation tasks, materials, machinery and equipment..
of each construction item and the whole work;
- Instructions on the construction measures (in
case of complicated construction…);
- Operation procedures and techniques, work
maintenance.
2. Drawings:
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- Details of the entire level ground area (determining
the construction sites, land occupancy areas, construction areas, construction
density, land use coefficient, construction boundary, construction height…);
- Architectural plan: horizontal section,
vertical sections and major cross-sections of the work, the work’s perspective and model (if
necessary);
- Construction plan: base and foundation
reinforcement, major strength-bearing structures, the work’s technical system, technical
infrastructural works…(details
of materials are not required yet);
- Details of typical links, complicated details
(frame points, platform joints, steel concrete joints for pre-stressed steel
concrete structures…);
- Arrangement of the technological chain,
machinery, equipment…;
- Environmental protection, fire and explosion
prevention and fight, operation safety…;
- The drawings must fully demonstrate the
necessary details to avoid confusion when making the construction drawings.
3. The total cost estimate:
- Bases for making the total cost estimate;
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- The total of the construction and installation
volume, machinery and equipment…
of the construction items and the whole work (meeting all conditions for making
bidding dossiers);
- The work’s
total cost estimate.
C. CONTENTS OF THE CONSTRUCTION DESIGN DRAWINGS
- COST ESTIMATES
1. Drawings:
- Details of the present level ground conditions
and the work’s location in
the map;
- Details of the entire level ground area
(determining the construction sites, land occupancy areas, construction areas,
construction density, land use coefficient, construction boundary, construction
height…);
- Architectural details: horizontal section,
vertical sections and major cross-sections of the construction items and the
whole work, the work’s
perspective;
- Construction details: base and foundation
reinforcement, major strength-bearing structures, the work’s technical system, technical
infrastructures… (details
of materials are required);
- Details of typical links, complicated details
(frame points, platform joints, steel concrete joints for pre-stressed steel
concrete structures..),
other construction details;
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- Environmental protection, fire and explosion
prevention and fight, operation safety…;
- Listing of the volumes of construction and
installation tasks, materials, supplies, machinery, equipment… of the construction items and
the whole work;
- Instructions on the construction measures (in
case of complicated construction);
- Operation procedures and techniques, work
maintenance.
2. The cost estimate:
- Bases for making the total cost estimate;
- Descriptions of the projected amounts and
necessary annexes;
- Cost estimates of construction items and total
cost estimate of the whole work.
D. CONTENTS OF THE TECHNICAL CONSTRUCTION DESIGN
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- The drawings: to comply with Point I.C of this
appendix.
II. NUMBER OF DESIGN DOSSIER SETS
1. For preliminary designs:
The designing unit shall hand to the investors 8
sets of the dossier to be sent to:
- The body approving the feasibility study
report (5 sets enclosed with the feasibility study report)
- The investor (2 sets enclosed with the
feasibility study report, one of which to be sent to the body expertising the
technical design and total cost estimate);
- The construction-permit granting body (1 set).
2. For technical designs:
The designing unit shall hand to the investor 7
sets to be sent to:
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- The agency expertising the technical design
and total cost estimate (1 set);
- The investor (2 sets, one of which to the fire
prevention and fight service for expertise of the fire prevention and fight
work);
- The construction permit-granting body (1 set);
- The construction and installation contractor
(1 set);
- The archive office according to the State’s regulations on archiving
dossiers and documents (1 set).
3. For technical-construction designs:
The designing unit shall hand to the investor 9
sets to be sent to:
- The body approving the technical-construction
design and total cost estimate (1 set)
- The agency expertising the
technical-construction design and total cost estimate (1 set);
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- The construction permit-granting body (1 set);
- The construction and installation contractor
(2 sets);
- The archive office according to the State’s regulations on archiving
dossiers and documents (1 set).
4. For construction drawing designs:
The designing unit shall hand to the investor 5
sets to be sent to:
- The investor (2 sets);
- The construction and installation contractor
(3 sets).
Note: The expenses for making the dossiers with
the above-said number of sets shall be included in the designing cost.