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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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No.09/2005/QD-BXD
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Hanoi,
April 7th, 2005
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DECISION
PROMULGATING
THE REGULATION ON APPLICATION OF FOREIGN CONSTRUCTION STANDARDS TO CONSTRUCTION
ACTIVITIES IN VIETNAM
THE MINISTER OF CONSTRUCTION
- Pursuant to the Governments
Decree No.36/2003/ND-CP of 4th April 2003 defining the functions, tasks, powers
and organizational structures of the Ministry of Construction;
- Pursuant to the Governments Decree No.209/2004/ND-CP of 16th December 2004 on
the management of the quality of construction works;
- At the proposals of the director of the Science and Technology Department and
the legal Department,
DECIDES:
Article 1: To promulgate together with this Decision the Regulation
on application of foreign construction standards to construction activities in
Vietnam.
Article 2: This Decision
takes effect 15 days after its publication in the Official Gazette and replaces
the provisions in the Construction Ministrys Circular No.07/1999/TT-BXD of
September 1999, guiding the management and application of construction
standards and technical norms.
Article 3: The director
of the Office, the director of the Science and Technology Department and the
director of the Legal Department, of the Ministry, the presidents of the
provincial/municipal Peoples Committees, the directors of the
provincial/municipal Construction Services, and the heads of the concerned
agencies and units shall have to implement this Decision.
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THE
MINISTER OF CONSTRUCTION
SIGNED AND SEALED
Nguyen Hong Quan
REGULATION
ON
APPLICATION OF FOREIGN CONSTRUCTION STANDARDS TO CONSTRUCTION ACTIVITIES IN
VIETNAM
(Promulgated together with the Construction Ministers Decision No.09/2005/QD-BXD
of April 7, 2005)
Chapter I
GENERAL PROVISIONS
Article 1: Scope of
regulation
This Regulation provides for the
application of national-level construction standards of countries in the world,
international standardization organizations and regional standardization
organizations (hereinafter referred collectively to as foreign construction
standards) to construction activities in the Vietnamese territory.
Article 2: Subjects of
application
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Article 3: Principles for
application of foreign construction standards
1. To ensure that the created
construction works and products:
a. are safe for human use, for
the works and adjacent works;
b. meet Vietnams regulations on
ecological safety and environmental protection;
c. yield econo-technical
efficiency.
2. To ensure synchronism and
feasibility in construction process, from designing, construction to
pre-acceptance test of works, a in the work entirely.
3. To compulsorily use input
data related to Vietnams particular conditions stipulated in compulsorily
applied construction standards in the following domains:
a. Natural and climatic
conditions;
b. Geological and hydrological
conditions;
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4. Foreign construction standards
to be applied must satisfy the requirements and regulations of current
Vietnamese construction standards.
Article 4: State
management over application of foreign construction standards
The Construction Ministry shall
uniformly manage the application of foreign construction standards. The
ministries managing specialized construction works shall have to coordinate
with the Construction Ministry in managing the application of foreign
construction standards to construction of specialized works.
Chapter II
CONDITIONS AND COMPETENCE FOR APPROVAL OF APPLICATION
OF FOREIGN CONSTRUCTION STANDARDS
Article 5: Conditions
under which foreign construction standards shall be selected for application
To be selected for application
to construction activities in the Vietnamese territory, foreign construction
standards must meet the following conditions:
1. They must ensure the
principles defined in Article 3 of this Regulation;
2. They must be the current
construction standards;
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4. They must be considered for
selection and decided for application by investors before basic design dossiers
are made;
5. For State budget-funded
works, Vietnamese construction standards must be used if such standards are
available in relevant domains. In special cases where foreign construction
standards need to be applied, such must be approved by the Construction
Ministry or the ministry managing specialized construction works.
Article 6: Competence to
approve the application of foreign construction standards
1. Investment deciders
Investment deciders shall
consider and have the competence to decide on the application of foreign
construction standards which meet the principles and conditions stated in
Articles 3 and 5 of this Regulation.
2. The Construction Ministry
The Construction Ministry shall
directly approve in writing the application of foreign construction standards
in the following cases:
a. For works defined in Clause
5, Article 5 of this Regulation, foreign construction standards shall apply to
construction of civil works and industrial works (except for industrial works
managed by the Industry Ministry), urban technical infrastructures, and works
at the Prime Ministers request.
b. Works involving the application
of foreign construction standards which contain technical guidance not yet
mentioned in Vietnamese construction standards.
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Ministries managing specialized
construction works shall directly consider, and approve in writing the
application of foreign construction standards, provided for in Clause 5,
Article 5 of this Regulation, to specialized construction works, and send
dossiers of approval to the Construction Ministry for coordinated management, concretely
as follows:
a. The Ministry of Agriculture
and Rural Development: irrigation works and dykes:
b. The ministry of Transport:
traffic works;
c. The Ministry of Industry:
mines, oil and gas works, electric power plants, power transmission lines,
transformer stations and specialized industrial works.
Chapter II
CONSIDERATION AND APPROVAL OF FOREIGN CONSTRUCTION
STANDARDS
Article 7: Dossiers of
registration for application of foreign construction standards
Dossiers of registration for application
of foreign construction standards shall be made by investors, each comprising:
1. An official dispatch sent to
the investment decider, the Construction Ministry or the ministry managing
specialized construction works, requesting the consideration and approval of
application of foreign construction standards to construction of works in the
Vietnamese territory.
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a. The foreign language version
b. The Vietnamese version.
3. A written explanation on the
application of the above-said standards, clearly stating:
a. Reasons, purposes and
contents of the application of foreign standards;
b. Analysis of satisfaction of
conditions defined in Article 5 of this Regulation, and enclosed
recommendations (if any).
Article 8: Consideration
and approval of application of foreign construction standards
1. Investment deciders shall
organize evaluation and decide on application of foreign construction standards
according to the competence and scope defined in Clause 1, Article 6 of this
Regulation. In cases where they are professionally incapable, they shall hire
consultants to verify them before issuing documents thereon.
2. Ministries construction
standard-managing agencies being the Science and Technology Departments shall
have to receive and examine dossiers, consider and evaluate the application of
foreign construction standards, then propose the ministries leaderships to
issue or issue by themselves under authorization of the ministries leaderships,
documents approving or disapproving the application of foreign construction
standards to construction works in Vietnam.
3. If the dossiers fail to fully
meet the conditions for consideration and evaluation, within 5 working days
after receiving the dossiers, the managing agencies shall request in writing
organizations or individuals to supplement and complete the dossiers.
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5. The fee for evaluation and
the expenses for verification for application of foreign construction standards
shall be deducted from the projects funds.
6. Investment deciders and
ministries managing specialized construction works, when approving in writing
the application of foreign construction standards by establishments, should
send to the Construction Ministry (the Science and Technology Department) a set
of dossiers, comprising a written approval, a list of applied standards (the
foreign language copies and the Vietnamese versions) for sum-up in service of
monitoring and management.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 9: Examination of
application
Investment deciders or agencies
competent to approve in writing the application of foreign construction
standards shall have to regularly or extraordinarily examine the application of
the standards.
Investors of works with applied
foreign construction standards shall have to truthfully and fully report on the
application of foreign construction standards in their respective units upon
examination.
When detecting violations of
this Regulation in the application of foreign construction standards,
investment deciders or examining agencies shall have to make records on
suspending the application of the standards and request investors to take
measures to remedy violations.
Article 10: Transition
handling
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Article 11:
Implementation effect
This Regulation replaces the
relevant provisions of the construction Ministrys Circular No.07/1999/TT-BXD of
September 23, 1999, guiding the management and application of construction
standards and technical regulations.