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.

...

...

...

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

...

...

...

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.

...

...

...

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…

...

...

...

- 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:

...

...

...

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.

...

...

...

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.

...

...

...

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.

...

...

...

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.

...

...

...

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:

...

...

...

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;

...

...

...

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);

...

...

...

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.

...

...

...

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.

...

...

...

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

...

...

...

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:

...

...

...

- 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

...

...

...

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.

...

...

...

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.

...

...

...

- 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;

...

...

...

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

...

...

...

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.

...

...

...

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

...

...

...

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:

...

...

...

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.

...

...

...

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:

...

...

...

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;

...

...

...

- 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.

...

...

...

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

...

...

...

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

...

...

...

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:

...

...

...

- 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.

...

...

...

- 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:

...

...

...

- 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;

...

...

...

- 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:

...

...

...

- 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;

...

...

...

- 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;

...

...

...

- 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

...

...

...

- 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:

...

...

...

- 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);

...

...

...

- 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.