MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
10/2014/TT-BXD
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Hanoi,
July 11, 2014
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CIRCULAR
PROVIDING
FOR SOME CONTENTS ON CONSTRUCTION QUALITY CONTROL OF SEPARATE HOUSE
Pursuant to the Construction
Law No. 16/2003/QH11 dated November 26, 2003;
Pursuant to the Housing Law No.
56/2005/QH11 dated November 29, 2005;
Pursuant to Decree No. 62/2013
/ ND-CP dated June 25, 2013 of the Government defining the functions, tasks,
powers and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 15/2013
/ ND-CP dated February 06, 2013 of the Government on quality control of
constructional works (hereinafter referred to as Decree No. 15/2013 / ND-CP);
Pursuant to Decree No. 12/2009
/ ND-CP dated February 12, 2009 of the Government on management of construction
investment projects and Decree No. 83/2009 / ND-CP dated October 15, 2009 of
the Government on amending some articles of Decree No. 12/2009 / ND-CP dated February
12, 2009 of the Government on management of construction investment projects;
Pursuant to Decree No. 71/2010
/ ND-CP dated June 23, 2010 of the Government detailing and guiding the
implementation of the Housing Law;
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The Minister of Construction
issues the Circular defining some contents on construction quality control of
separate house.
Chapter I
GENERAL PROVISION
Article 1. Scope of regulation
This Circular provides for the
construction quality control of separate house in the territory of Vietnam.
Article 2. Subjects of
application
This Circular applies to
organizations, households and individuals (hereafter referred to as homeowner)
Article 3. Interpretation of
terms
In this Circular, the terms below
are construed as follows:
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2. Adjacent works mean the works
are close to the built house with or without common structural part
(foundation, column, wall, floor, roof…) with the built house.
3. Nearby works mean the
works which are located near the place of house construction and may be
affected with subsidence, deformation or other damages due to house building.
Article 4. Fundamental
principle in construction quality control of separate house
The work of survey, design and
performance of house done by the homeowner and other organizations and
individuals concerned must ensure the conformity with the planning and
compliance with construction permit and relevant technical constructional
regulations, ensure the safety for constructional works and adjacent or nearby
works, ensure the working safety, environmental sanitation and other relevant
regulations of law.
Chapter II
SURVEY AND DESIGN OF HOUSE CONSTRUCTION
Article 5. Survey of house
construction
Depending on the size of house,
the survey of construction is done under the following regulations:
1. For houses with a total
building floor of equal to or less than 250m2, with 2 floors or less, the
homeowner may carry out the survey of construction by himself/herself if
experienced similar work and shall take responsibility before law for the
survey quality in order to ensure the safety of house to be built and other
nearby works.
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2. For houses with a total
building floor of more than 250m2, with 3 floors or more, the homeowner must
hire a qualified contractor to carry the survey of construction in accordance
with regulations on geological survey of works.
Article 6. Design of house
construction
1. For houses with a total
building floor of equal to or less than 250m2, with 2 floors or less, the
design of house construction is done as follows:
a) All organization and
individuals may carry out the design if having capability and experience in
design of house construction with similar size and shall take responsibility
before law for the design quality.
b) In rural areas, when building one-story
house with simple structure, it is not required to prepare the specific design
drawing, the homeowner may apply the construction for the house models that
were built but must take responsibility before law for the house quality.
c) The homeowner is encouraged to
hire a qualified contractor to carry the house design.
2. For houses with a total
building floor of more than 250m2, with 3 floors or more or the house is
located in the area of cultural heritage, historical – cultural relics or in
case of floor raising, the design must be done by organizations and individuals
qualified for the design.
3. For houses with 07 floors or
more, the homeowner must send the design documents to the specialized constructional
agency as decentralized by the local authority for verification of design in
accordance with the provisions in Decree No. 15/2013/ND-CP
and Circular No. 15/8/2013 of the Ministry of Construction stipulating the
verification, inspection and approval for design of works construction.
Chapter III
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Article 7. Capacity conditions
of organizations and individuals upon house construction
1. For houses with a total
building floor of equal to or less than 250m2, with 2 floors or less, all
organizations and individuals may carry out the construction if having
experience in construction of house with similar size and must take
responsibility for the quality, safety and environmental sanitation.
2. For houses with a total
building floor of more than 250m2, with 3 floors or more or in case of floor
raising, the construction organization must have adequate capacity conditions
under regulations.
Article 8. Quality control of
house construction
1. During the construction, the
homeowner is responsible for supervising or authorizing his/her representative
to supervise the construction and check the following main contents:
- Quality of materials, building
structures, equipment…before put into house construction;
- System of formwork,
scaffolding for construction;
- Measures to ensure working
safety during the construction;
- Shielding measures
to ensure
safety, environmental sanitation for
people and adjacent or nearby works.
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3. The homeowner and organizations
and individuals concerned involved in the works construction must take
responsibility for the contents of work which they shall do.
Article 9. House maintenance
The homeowner is responsible for
maintaining his/her house under the provisions of Decree No.114/2010/ND-CP
dated February 06, 2010 of the Government stipulating the maintenance of
constructional works, and Circular No. 02/2012/TT-BXD
dated June 12, 2012 of the Ministry of Construction guiding some contents on
maintenance of civil works, industrial
works of constructional materials and urban technical infrastructure works.
Article 10. Settlement of
dispute between the homeowner and the owner of adjacent or nearby works.
1. Before construction, the
homeowner shall contact the owner of adjacent or nearby works to check their
current conditions and recognize the defects of adjacent or nearby works (if
any).
2. During the construction, if
detecting any sign of subsidence, cracking, leakage or risk of collapse from the adjacent or nearby works
due to the house construction, the homeowner must cooperate with the owner of adjacent or nearby works to consider and determine the cause and
reach an agreement on remedial measure. If the parties fail to do so, the
dispute shall be resolved in accordance with regulations of law.
Chapter IV
IMPLEMENTATION ORGANIZATION
Article 11. Handling of
violation in house construction activities
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2. The handling of violation of
house construction order complies with the provisions in Chapter V of Decree
No. 180/2007/ND-CP dated December 07, 2007 of the Government detailing and
guiding the implementation of some articles of the Construction Law on handling
of urban construction order.
Article 12. Responsibility of
provincial People’s Committee in control of house quality
1. Assigning and decentralizing
the state management responsibility for separate house quality to Department of
Construction and district People’s Committee.
2. Guiding and inspecting
organizations and individuals to implement the legal normative documents on
house construction in the areas; handling mistakes which are detected during
the inspection according to the above contents.
Article 13. Transitional
provision
1. For houses which have been
commenced before the effective date of this Circular, the quality control of
house construction is done under Circular No. 39/2009/TT-BXD
dated December 09, 2009 of the Ministry of Construction guiding the quality
control of separate house construction;
2. For houses which have been
commenced after the effective date of this Circular, the quality control of
house construction is done under Circular No. 15/2013/ND-CP
and this Circular.
Article 14. Effect
1. This Circular takes effect from
September 01, 2014 and supersedes Circular No. 39/2009/TT-BXD
dated December 09, 2009 of the Ministry of Construction guiding the quality
control of separate house construction;
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FOR THE MINISTER
DEPUTY MINISTER
Cao Lai Quang
ANNEX 1
LIST
OF DOCUMENTS OF HOUSE COMPLETION
(Issued together with Circular No. 10/2014/TT-BXD dated July 11, 2014 of the
Ministry of Construction)
a) Construction Permit;
b) Homeowner’s construction
contract signed with the contractor of survey, design, performance and
supervision of construction;
c) Result of survey of
construction;
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dd) Documents of construction
drawing design;
e) As-built drawing;
g) List materials, components and
equipment with their origin;
h) Result of experiment and
inspection (if any);
i) Written agreement, approval and
confirmation of the competent state agencies or organizations (if any) on
safety of fire prevention and fighting; safety of lift and central air
conditioning operation;
k) Record of acceptance of house
completion for use of the homeowner;