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PEOPLE’S COMMITTEE
OF HO CHI MINH CITY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 44/2016/QD-UBND
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Ho Chi Minh City, November 05, 2016
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DECISION
PROMULGATING THE REGULATIONS ON ENSURING SAFETY FOR NEARBY
WORKS DURING THE CONSTRUCTION OF UNDERGROUND WORKS IN HO CHI MINH CITY
Pursuant to the Law on
Organizing the Local Government dated June 19, 2015;
Pursuant to the
Construction Law dated June 18, 2014;
Pursuant to the
Government's Decree No. 46/2015/ND-CP dated May 12, 2015 on quality management
and maintenance of construction works;
Pursuant to the
Circular No. 05/2015/TT-BXD dated October 30, 2015 of the Ministry of
Construction on management of construction quality and maintenance of detached
houses;
Pursuant to the
National Technical Standards QCVN 18:2014/BXD for construction safety;
At the request of the
Director of Department of Construction in Statement No. 15645/TTr-SXD- QLCLXD
dated October 10, 2016 and appraisal opinions of the Department of Justice in
the Official Dispatch No. 6539/STP-VB dated August 05, 2016.
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Article 1. Issued together with this Decision is the Regulation on
ensuring safety for nearby works during the construction of underground works
in Ho Chi Minh City.
Article 2. This Decision shall come into force after ten (10) days,
from the date on which it is signed. Repeal the contents which specify the
opinions on the basement construction plan. These opinions concern the safety
of such work and other nearby works specified in point e, Clause 1, Directive
No. 19/2014/CT-UBND dated August 25, 2014 of the People’s Committee of the
city, on raising the state responsibilities in managing the quality of
construction works and the construction safety in Ho Chi Minh City.
Article 3. The Chief of Staff of the People’s Committee of Ho Chi Minh
City, Director of the Department of Construction, Heads of Departments - boards
- sectors of the city, Chairpersons of People’s Committees of districts, wards,
communes and villages, related organizations and individuals shall implement
this Decision./.
PP. PEOPLE’S COMMITTEE
PP. CHAIRMAN
DEPUTY CHAIRMAN
Le Van Khoa
DECISION
ON ENSURING SAFETY FOR NEARBY WORKS DURING THE COSNTRUCTION
OF UNDERGROUND WORKS IN HO CHI MINH CITY
(Enclosed with the Decision No. 44/2016/QD-UBND dated November 05, 2016 of
the People’s Committee of Ho Chi Minh City)
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GENERAL PROVISIONS
Article 1. Scope and
regulated entities
This Decision specifies
the requirements for developing and approving the designed construction method
for underground works, in order to ensure safety for the nearby works during
the construction of the underground works.
For the detached
houses, this regulation is only applicable to the constructions of basement,
semi-basement, bed-plate foundation, extended foundation and other existing
adjacent works.
The regulated entities of
this Regulation are organizations and individuals participate in the
construction of the underground works; owners, managers of the nearby works;
regulatory agencies managing the specialized construction works in Ho Chi Minh
City.
Article 2. Definitions
1. Underground works
are basements, semi-basements and parts of the work which are underground.
2. Adjacent works are
works closed to the underground works, share or do not share the same
structures (foundation, columns, walls, floors, roofs) with such underground
works.
3. Nearby works are
works located near to the underground works. They can be affected and sink down
or become distorted or damaged due to the construction of such underground
works.
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1. The construction of the
underground works must comply with the law regulations on management of
construction quality, environmental safety and hygiene, prevention and control
of fire during the construction.
2. The construction of
underground works shall be started only when there is a designed construction
method which is approved by the investor.
3. The construction
methods and equipment shall only cause minor effects to the nearby works and
the surrounding environment.
Chapter II
DEVELOPMENT AND APPROVAL OF THE DESIGNED CONSTRUCTION
METHOD FOR UNDERGROUND WORKS
Article 4. Development
of the designed construction method
1. The contractor shall
develop the designed construction method for the underground works based on the
approved construction drawing and survey document on the current state of the
construction site.
2. The survey document on
the current state of the construction site shall fully specify the state of
geology, hydrographic and geography; the adjacent and nearby works; structures
of current underground works; underground technical infrastructure within the
area and shall also include:
a. A drawing of the
current state of the construction site.
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c. Evaluation of the
stability of the nearby existing works which may be affected during the
construction.
d. The transposition
value and maximum distortion value; alarming rate of the transposition and
distortion of nearby works which may be affected.
3. The designed
construction method for underground works must satisfy the requirements for
geology, hydrographic and depth. It must also comply with the related and
applied technical standards, as well as having:
a. Labor safety method
and safety method for the community.
b. Calculation of the
scope (width, depth) affected by such underground construction method during
the stages of construction. The calculation must be done based on the impacts
of all construction activities which have been carried out, in order to suggest
appropriate handling methods (such as drilling, digging, pumping underground
water, tremors, counterweight, etc.)
c. The result of the
survey on the current quality of adjacent works and other works within the
affected scope.
d. Distortion monitoring system
of the work and nearby works within the affected scope, in order to make
observation throughout the construction process.
dd. Experimental
construction process and impact evaluation process, in order to develop methods
for reducing effects before starting the construction in case of extracting by
vibration.
e. Methods for dealing
with landslides, sinking and leaning of nearby works.
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Article 5. Approval
for the designed construction method for underground works
1. The investor shall
appraise (if he is capable) or select an appropriate potential unit to appraise
the designed construction method for underground construction works, in order
to use this appraisal as a basis for approval. The appraisal or inspection
contents shall specify whether the method:
a. Comply with the
related and applied technical standards.
b. Is appropriate and
sufficient.
c. Include the
calculation of the load-bearing capacity of structures serving the
construction.
e. Evaluate the scope and
degree of impact to nearby works of the applied construction method.
dd. Evaluate the
appropriateness of means and equipment serving the construction.
e. Ensure safety for the
works and nearby works.
g. Ensure labor safety
and hygiene, prevent and control fire during the construction.
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3. The contractor shall
modify and supplement the designed construction method based on the appraisal
opinions or opinions from the inspector or the design counselor before
submitting such method to the investor for approval.
4. Before the investor
approves the method, he/she must examine it and make sure that:
a. The contractor has
completed and supplemented such method based on the appraisal opinions or
opinions from the inspector or the design counselor; and there are appropriate
explanations about the inconsistent contents.
b. There are methods for
ensuring environmental safety and hygiene, as well as preventing and
controlling fire during the construction process.
Chapter III
CONSTRUCTION OF THE UNDERGROUND WORKS
Article 6. Conditions
for starting the construction of underground works
The underground works
shall only be built after they satisfy the following requirements:
1. Become qualified for
the construction according to the regulations.
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3. Have carried out labor
and environmental safety methods, as well as fire prevention methods, in order to
ensure safety for the nearby works.
4. Have a map which
indicates the location and depth of the underground segments of the
infrastructure system, as well as an approval document from the management
agency of such segments if digging is carried out in their area.
5. Have supervisory
personnel working throughout the construction process.
6. Have acceptance
records on the safety conditions agreed between the investor and the
contractor.
Article 7. Responsibilities
of the parties participating in the construction of underground works
1. The investor shall
assign potential employees to inspect and monitor the construction process of the
contractor and ensure that such process is carried out in accordance with the
designed construction method which has been approved. Suspend the construction
if there is any unsafe sign or any sign of construction problems; timely notify
the People’s Committee of the districts and specialized construction management
agencies if there is any damage or problem occurs to the nearby works.
2. The contractor
starting the construction of underground works shall comply with the designed
construction method which has been approved. If there is any sign of abnormal
building components or abnormal geological conditions compared to the survey on
current state of the construction site, or any unsafe sign, the parties shall
notify the investor immediately in order to receive counseling and supervision
to handle such case.
3. The supervision
counselor shall inspect the construction conditions of the underground works
according to Article 6 hereof and report the result to the investor;
participate in making the acceptance record on the safety conditions before
starting the construction; assign supervisory employees during such process to
inspect whether the contractor complies with the designed construction method,
and to report any detected violation to the investor; inspect the monitoring
process and report the results of the distortion monitoring process of the work
and nearby works in order to timely warn or suspend the construction if there
is any unsafe sign; request the contractor to modify the designed construction
method and submit such modification to the investor for approval if any mistake
or illogical sign is detected.
Chapter IV
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Article 8.
Implementation responsibilities
1. Investors,
organizations and individuals who participate in the constructions in Ho Chi
Minh city shall implement the contents specified in Article 4, 5, 6, 7 hereof.
2. The agencies managing
the underground segments of the infrastructure system shall provide the map
that indicates the location and depth of such segments for the investors as
required, in order to use this information as the basis for developing the
designed construction method.
3. The Department of
Transport, Department of Industry and Trade, Department of Natural Resources
and Environment, Department of Agriculture and Rural Development shall provide
guidelines and inspect the implementation of this Regulation of the works under
their management.
4. The Management Board
of new urban areas, industrial areas, export processing zones and high-tech
zones shall provide guidelines and inspect the implementation of this
Regulation of the works under their management.
5. The People's
Committees of districts shall provide guidelines and inspect the detached
houses’ implementation of this Regulation; request the owners and the
management unit of nearby works to enable the investors and contractors to
carry out survey on the current quality of such nearby works; timely handle the
violations.
6. The Department of
Construction which is the key agency shall inspect the implementation of this
Regulation of the works under their management and other specialized
construction works in Ho Chi Minh City; timely handle the violations. During
the implementation process, if there is any problem or if it is required to
amend and supplement this Regulation in order to comply with the current
conditions, the Department of Construction shall summarize the opinions from
related agencies to provide suggestion for the People's Committee of the city
or promulgate the documented guidelines themselves if the case is under their
authority.
Article 9. Inspection
and handling of violations
1. The construction
inspector shall inspect the construction conditions of the underground works
according to Article 6, hereof and handle any detected violation.
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