| MINISTRY OF CONSTRUCTION OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 05/VBHN-BXD | Hanoi, July 12, 2023 |
Government's Decree No. 06/2021/ND-CP dated January 26, 2021 on elaboration of the implementation of several regulations on quality management, construction and maintenance of construction works, which comes into force from January 26, 2021, is amended by:
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in field of state management of the Ministry of Construction, which comes into force from June 20, 2023,
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;
Pursuant to the Construction Law dated June 18, 2014; the Law on amendments to some Articles of the Construction Law dated June 17, 2020;
Pursuant to the Law on Occupational Safety and Hygiene dated June, 25 2015;
Pursuant to the Law on Product and Goods Quality dated November, 21 2007;
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Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;
Pursuant to the Law on Bidding dated November 26, 2013;
At the request of the Minister of Construction;
The Government promulgates Decree on elaboration of implementation of several regulations on quality management, construction and maintenance of construction works [1].
Article 1. Scope and regulated entities
1. This Decree elaborates on several regulations on the quality management, construction and maintenance of construction works.
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Article 2. Definition of terms
1. Construction work quality control means an act of management of entities participating in construction activities under regulations of this Decree and other relevant laws during the process of construction investment preparation and implementation, operation and use of a construction work to ensure the quality and safety for the construction work.
2. Construction management means an act of management of entities participating in construction activities under regulations of this Decree and other laws related to work construction, thereby ensuring safety, quality and progress requirements, efficiency and meeting design requirements and objectives set out.
3. Technical instructions mean a set of technical requirements which are based on technical regulations and standards applied to construction works or designs to provide guidance and regulations on materials, products and equipment used for construction works, construction, supervision, and acceptance testing or commissioning of construction works.
4. As-built drawing means a drawing of a finished construction work, providing information about actual locations, dimensions, actually used materials and equipment.
5. Project completion documentation means a set of documents and records related to a process of investment in construction to be archived while the project is putting into use.
6. Specialized construction experiment means any measurement activity aimed at determining the characteristics of a construction land, material, environment, product, constituent or work according to a certain process.
7. Construction observation means an act of observing, measuring and recording any geometrical change, deformation, distortion, transition, and other technical parameters of a project and its ambient environment over periods of time.
8. Construction survey means an act of making measurement to determine the position, shape and size of a terrain or construction work as a support for construction, quality control, warranty, maintenance, management, operation, use and management of failures or breakdowns or responses to emergencies arising from a construction work.
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10. Construction inspection means an act of construction testing and evaluation of compliance with the law on investment in construction which is organized and carried out by a competent state regulatory authority in accordance with this Decree.
11. Regulatory compliance assessment of construction activities means an act of assessing whether the building material and product comply with applicable requirements of relevant technical regulations.
12. Standard conformity assessment of construction activities means an act of assessing whether a product, commodity, service, process or environment conforms to the corresponding standard.
13. Construction work maintenance means a combination of activities aimed at assuring and maintaining the normal and safe operation of a construction work in compliance with design requirements during the process of using and operating that construction work. Construction work maintenance may include one, some or all of the following activities: examination, observation, quality inspection, maintenance and repair of the construction work; addition and replacement of a construction item and equipment to ensure safety for the operation and use of the construction work, but does not include activities that alter the function or scale of the construction work.
14. Procedures for maintenance of a construction work refer to documents providing regulations on processes, requirements and instructions about maintenance of the construction work.
15. Design service life of a construction work (design life) means the period of time during which the construction work is expected to use, meeting safety and utility requirements. Design life of a construction work is specified in relevant technical regulations, use standards or work construction design objectives.
16. Real service life of a work (real life) means the period of time during which the construction work is used in reality, ensuring safety and utility requirements.
17. Construction warranty means the contractor's commitment to liabilities to mitigate and correct, within a certain period of time, damages and defects that may occur during the period of operation and use of a construction work.
18. Owner of construction work means an individual or organization that has the right to own a construction work in accordance with law.
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20. Safety in construction activities refers to a solution to prevent and combat impacts of dangerous and harmful factors to protect people from any injury, death or health impairment, and prevent any incident causing occupational unsafety that may occur during the construction process.
21. Construction safety management means an act of management of entities participating in construction activities under regulations of this Decree and other relevant laws in order to ensure safety for construction activities.
22. Periodic assessment of safety of construction work (hereinafter referred to as construction safety assessment) refers to periodic examination and appraisal of the bearing capacity and necessary conditions for safe use and operation of a construction work.
Article 3. Classification and grading of construction works
1. Construction works shall be classified by structural properties and utility as follows:
a) Construction works are classified by structural properties into housing structures; bridges, roads, tunnels, ports; pillars, towers, storage tanks, silos, retaining walls, dykes, dams, embankments; piping or other structures;
b) Construction works are classified by their utility into those used for civil purposes; those used for industrial production purposes; those providing technical infrastructure facilities and amenities; those supporting traffic and transportation activities; those supporting agricultural production and rural development activities; those used for national defense and security purposes and detailed in Appendix I to this Decree.
The utility of a construction work can be created by an independent work, a complex of construction works or a technological line consisting of multiple items that have a mutual relationship with each other to create the shared function. A construction investment project may have one, several independent works or a main complex or a main technological line. A construction work belonging to a construction complex or a technological line is a construction item belonging to a complex or a technological line.
2. Construction grades specific to construction works prescribed in Point a of Clause 2 of Article 5 in the Law on Construction dated June 18, 2014 (hereinafter referred to as Law No. 50/2014/QH13), which is amended and supplemented by Clause 3 of Article 1 of the Law on amendments and supplements to a number of articles of the Law on Construction dated June 17, 2020 (hereinafter referred to as Law No. 62/2020/QH14) shall be used for the management of investment in construction in accordance with regulations on grades of construction works issued by the Minister of Construction.
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Article 4. Specialized construction experiments, construction observation and construction surveys
1. Specialized construction experiments, construction observations and surveys are measurement activities carried out during the construction process to determine the technical parameters and positions of materials, components and constituents of works in service of construction and acceptance testing or commissioning activities.
2. Specialized construction experiments shall be conducted by qualified organizations and individuals in accordance with laws.
3. Organizations and individuals conducting specialized construction experiments, construction observations and surveys shall be responsible for providing data in an honest and objective manner and for the accuracy of data and figures that they provide.
4. Construction contractors shall be responsible for conducting specialized construction experiments, observations and surveys of construction works during the construction process according to relevant regulations of construction contracts and technical regulations and standards.
1. Controlled experimentation may be required during the construction process in the following cases:
a) It is prescribed in technical instructions or construction contracts;
b) It takes place when building materials, products or equipment installed in works or construction works show any sign of failure to meet quality requirements set out in design documentation;
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2. Construction testing and experimentation on the bearing capacity of building structures may be required in the following cases:
a) They are prescribed in technical instructions or construction contracts;
b) Completed construction works show any sign of failure to meet quality requirements set out in design documentation, or there is a lack of grounds for quality assessment, acceptance testing or commissioning;
c) They are conducted at the request of the authority having competence in entering into public-private partnership project agreements;
d) They are conducted at the request of the authority having competence in examining acceptance testing activities under regulations of Clause 2 of Article 24 herein;
dd) The owner of a construction work wishes to extend its design life which is bound to expire;
e) Construction works in operation or in use pose a risk of danger or unsafety;
g) Construction testing activities are carried out to assist in maintenance activities.
3. Contents of a construction testing:
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b) Inspection and testing for causes of damage, causes of any incident, breakdown or failure and the useful life of construction work constituents and works;
c) Inspection of quality of building materials, components and products.
4. Costs and expenses of a construction testing:
a) Costs of the construction testing are determined by making an estimate in accordance with the law on construction cost management and other relevant laws in conformity with contents and volume of works agreed upon in the contract between parties or the approved assessment and testing protocol;
b) During the construction process, the construction design contractor, the building contractor, the contractor supplying and manufacturing construction products or other relevant contractors shall bear testing costs if the results obtained after assessment and testing of the work performed on their part prove that the faults lie with them. In other cases, the costs of conducting the construction assessment and testing shall be included in total investment amount;
c) The owner or the manager or the user of the construction work shall be responsible for paying assessment and testing costs during the period of operation and operation. If the assessment and test results prove that the fault lies with an entity or person, that entity or person shall bear inspection and testing costs in proportion to such fault.
Article 6. Construction inspection
1. Contents of a construction inspection:
a) Inspection of the quality of construction survey, construction design, building materials, components and products, parts and the entire construction work;
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c) Other contents of construction inspection.
2. Authorities having competence in organizing a construction inspection:
a) Provincial People's Committees conduct the inspection of construction works located within their localities, except the cases specified at Points b and c of this Clause;
b) The Ministry of National Defense and the Ministry of Public Security conduct the inspection of national defense and security works;
c) Ministries in charge of specialized construction works conduct the inspection of construction works when being assigned by the Prime Minister to do so;
d) Authority to head the inspection of the causes of an incident, breakdown or failure shall comply with regulations in Clause 1 Article 46 hereof.
3. Costs and expenses of a construction inspection shall be composed of several or all of the costs and expenses:
a) Costs and expenses for the construction inspection conducted by an inspection agency include per diem and other costs for the inspection;
b) Costs and expenses for hiring experts to participate in the construction inspection, including travel costs, costs of renting accommodations at the destination and expert remuneration;
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d) Other costs and expenses necessary for the inspection.
4. The owner or the manager or the user of the construction work shall be responsible for paying assessment and testing costs during the period of operation. If assessment and test results prove that the fault lies with an entity or person, that entity or person shall bear inspection and testing costs in proportion to such fault.
1. Entities and persons directly related to construction activities include:
a) Investors or investor’s representatives (if any);
b) Building contractors;
c) Contractors supplying construction products, building materials, components and equipment installed at construction works;
d) Consulting contractors, including: surveying, designing, project management, supervision, experimentation, testing and other consulting contractors.
2. In order to participate in construction activities, contractors referred to in Points b, c and d, Clause 1 of this Article shall meet the prescribed capacity conditions and shall be directly and totally responsible for quality and safety of the works performed on their part to the law, to investors, and to main contractors if they are subcontractors. Main contractors shall be responsible to investors for works that subcontractors perform.
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“4.[2] Under lump-sum turnkey contracts, general contractors shall take charge of quality control, supervision of the construction works on their part and the works performed by subcontractors; assume other responsibilities assigned by investors under terms and conditions of construction contracts.
4a.[3] Under engineering, procurement and construction contracts (hereinafter referred to as “EPC general contractor”), the delegation of responsibilities among entities is specified as follows:
a) The investor and the EPC general contractor may agree and stipulate in the contract that the EPC general contractor is assigned to perform one or some construction supervision activities under the responsibility of the investor as prescribed in points b, c, d, dd, e, g, h, i and m, Clause 1, Article 19 of this Decree;
b) The general contractor shall be responsible for organization of the quality management and works undertaken by the general contractor and subcontractors (if any); fulfil other responsibilities as prescribed in the contract with the investor.
5. Investors shall be responsible for management of construction works according to investment, project management, contracting forms, scales and funding sources during the investment and construction period; management of construction works including those specified in Clause 1, Article 10 of this Decree; construction supervision, pre-commissioning testing of construction works, parts, items and construction works; commissioning for putting construction works in use or into operation according to regulations of this Decree and relevant laws. Investors shall have autonomy in carrying out construction works if they meet capacity requirements set out in laws. Pre-commissioning tests conducted by investors shall not function as replacement for or reduction in the liability of contractors participating in construction works with respect to the works performed by contractors on their part.
6. In case an investor establishes a construction work management unit or assigns tasks to a specialized construction work management unit or regional construction work management unit:
a) The investor may authorize or assign the project management unit to perform one or several works on the investor's part in the management of construction works in accordance with this Decree and such authorization or assignment shall be documented. The investor shall direct, inspect and take responsibility for the tasks authorized or assigned to the project management unit;
b) The project management unit shall be responsible to the law and to the investor for execution of the authorized or assigned tasks specified at Point a of this Clause.
7. In case an investor hires a project management consultancy contractor or a construction supervision contractor:
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b) Project management consulting contractor or construction supervision contractor shall be responsible to the law and to the investor for the assigned works in accordance with the contract and relevant laws.
8. Under an EPC contract or a lump sum turnkey contract, the investor shall be responsible for inspecting and expediting the implementation of construction management activities as agreed upon in the construction contract; conducting the pre-commissioning test on the construction item, construction work, commissioning and transfer of the construction work before being put into operation and in use.
9. With respect to PPP projects:
a) PPP project enterprises shall assume the investor's construction management responsibilities according to regulations of this Decree;
b) Contracting authorities under the law on public-private partnership investment shall undertake the implementation of regulations of Clause 8, Article 19 of this Decree. In case competent authorities delegate authority to their affiliates or units to act as the contracting agencies, competent agencies shall direct, inspect and take responsibility for the activities performed by contracting agencies; contracting agencies shall be responsible to competent authorities and the law for the performance of the authorized activities.
10. Rights, obligations and segregation of liabilities of those specified in Clause 1 of this Article shall be prescribed in contracts and in accordance with the law.
Article 8. Construction quality awards
1. Construction quality awards, including:
a) National award for the quality of construction works;
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2. Contractors who win wards for the quality of construction works specified in Clause 1 of this Article may be granted priority when participating in construction tenders in accordance with the law on bidding Awards accepted as the basis to consider giving priority to bidders are those that they have won in the period of 3 years preceding the date of submission of application for bids. Investors shall include the aforesaid regulations in their invitations to bid.
3. The Ministry of Construction shall organize and approve construction quality awards according to regulations of Clause 4, Article 162 of Law No. 50/2014/QH13.
Article 9. Management of detached house construction
1. The management of the construction of detached houses shall adhere to the rules under which safety for people, property, equipment, entire construction works, other adjacent facilities and ambient environment shall be ensured.
2. Design of detached houses of households and persons:
a) Investors in detached houses built for household or personal needs without basements and with total construction floor area of less than 250 m2 or less than 3 floors, or with less than 12m in height, per each may exercise the freedom of design;
b) Design of detached houses built for household and personal needs with under 7 floors or with 1 basement, except for the case specified at Point a of this Clause, shall be made by qualified organizations or individuals in accordance with laws;
c) Design documentation of detached houses built for household or individual needs with 7 floors or more or with 02 basements or more shall be subject to the construction design verification regarding the construction safety before applying for construction permits. Design and design verification shall be conducted by qualified and competent organizations and individuals under laws.
3. Management of construction of detached houses for household and personal needs:
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b) Construction and supervision of construction of detached houses built for household and personal needs prescribed in point c of this Clause shall be carried out by qualified organizations or individuals.
4. Supervision of construction of detached houses for household and personal needs:
a) Methods of construction, safety measures for houses and adjacent or contiguous property;
b) Quality of building materials, components and equipment before being in use;
c) Scaffolding systems, temporary supporting structures, construction machinery and equipment;
d) Occupational safety and environmental controls.
5. Other than the aforesaid regulations, the construction of detached houses belonging to construction projects shall conform to other relevant laws and regulations of laws on construction project management.
MANAGEMENT OF WORK CONSTRUCTION
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1. Work construction management contents include:
a) Construction quality management;
b) Construction progress management;
c) Construction quantity management;
d) Occupational safety and environmental control;
dd) Management of construction costs and expenses during the construction process;
e) Management of other matters or issues that are prescribed in construction contracts.
2. Those stated in points a, b, c and d of Clause 1 of this Article are further elaborated herein. Contents stated in point dd of clause 1 of this Article are further elaborated in the Decree on management of construction costs and expenses.
Article 11. Sequence of tasks involved in the management of construction works
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2. Management of building materials, products, components and equipment used for the construction work.
3. Management of the contractor’s construction works.
4. Supervision of construction works undertaken by the investor; inspection and pre-commissioning testing of construction works during the construction process.
5. Author's supervision carried out by design contractors during the construction process.
6. Controlled experimentation, testing of the bearing capacity of the construction structure and construction verification during the construction process.
7. Pre-commissioning testing at the construction stage, or the construction work constituent (if any).
8. Pre-commissioning testing of completed construction items or works before being put into operation or in use.
9. Inspection of the pre-commissioning testing conducted by the competent state authority (if any).
10. Preparation and archiving of project completion documentation.
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12. Transfer.
1. Responsibility of the contractor supplying construction products and materials that are goods sold on the market:
a) Conducting the quality control test and providing the principal (the purchaser of construction products) with certificates, accreditations, information and documents related to construction products and materials in accordance with construction contracts and other regulations of relevant laws;
b) Examining the quality, quantity and types of construction products and materials according to contractual requirements before transferring them to the principal;
c) Notifying the principal of requirements concerning transport, storage and preservation of construction products and materials;
d) Repairing or replacing construction products that fail to meet quality requirements according to construction product warranty commitments and construction contract terms and conditions.
2. Responsibility of the contractor manufacturing and producing building materials, components and equipment used for construction works according to specific design requirements
a) Seeking the principal (purchaser)’s approval of the process of production, testing and experimentation based on the design requirements and the quality control procedures during the manufacturing and production process with respect to building materials, components and equipment;
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c) Conducting the inspection and pre-commissioning test before transfer to the principal;
d) Transporting and transferring building materials, components and equipment to the principal in accordance with the contract;
dd) Providing the principal with relevant certificates, accreditations, information and documents in accordance with the contract and other regulations of relevant laws.
3. The contractors defined in Clauses 1 and 2 of this Article shall be responsible for the quality of building materials, products, components and equipment supplied or manufactured by themselves at the request of the principal's request and the accuracy and authentication of the documents provided to the principal; the principal's conduct of the pre-commissioning test does not reduce the above-mentioned liability of these contractors.
4. Responsibility of the principal:
a) Prescribing the quantity, type and technical requirements of building materials, products, components and equipment in the contract with the supply, manufacturing and production contractor in accordance with the design requirements and technical instructions applied to construction works;
b) Checking the quantity, type, technical requirements of materials, products, components and equipment according to regulations of the contract; requiring supply, manufacturing and production contractors to fulfill their liabilities specified in Clauses 1 and 2 of this Article before conducting the pre-commissioning test of materials, products, components and equipment used for construction works;
c) Carrying out quality control during the manufacturing and production process according to the procedures agreed upon with the contractor;
d) Preparing documents on management of quality of materials, products, components and equipment used for construction works as prescribed in Clause 5 of this Article.
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a) Manufacturer’s quality certificate prescribed in contracts and regulations of laws on product quality;
b) Certificate of origin that must conform to the regulations of the contract between the supply contractor, the purchaser, and agree with the accepted and approved list of materials and supplies with respect to import thereof under the regulations of laws on origin of goods;
c) Certificate of conformance to relevant technical regulations and laws with respect to materials, products, components and equipment subject to the regulatory requirements for certification of conformance and announcement of conformance under legislative regulations on quality of commodities;
d) Information and documents related to materials, products, components and equipment used for construction works under construction contracts;
dd) Results of tests, experiments or inspection of materials, products, components and equipment used for construction works in accordance with applied technical regulations, standards and design requirements which are carried out during the construction process;
e) Records of pre-commissioning tests of materials, products, components and equipment used for construction works according to regulations;
g) Other relevant documents that are prescribed in construction contracts.
6. Change of the types, origins of materials, products, components and equipment used for construction works:
a) Replaced materials, products, components and equipment shall meet design requirements, conform to applicable technical regulations and standards, and shall be accepted and approved by the investor under contractual terms and conditions;
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Article 13. Responsibility of construction contractor
1. Receiving and managing building grounds, preserving land surveying and boundary markets of construction works, managing construction sites according to regulations.
2. Preparing and notifying investors and relevant entities about contractors’ construction management systems. Construction management systems shall be commensurate with the size and nature of construction works, clearly stating the organizational charts and the responsibility of each individual for the construction management, including: construction foreman or project director of the contractor; individuals in charge of direct construction techniques, construction quality and safety control activities, management of construction quantities and progress, and management of construction documents.
3. Seeking the investor’s acceptance of the following contents:
a) Plan for testing, inspection, assessment, experimentation, trial operation, monitoring and determination of technical parameters of construction works according to design requirements and technical instructions;
b) Approach for inspection and control of the quality of materials, products, components and equipment used for construction works; construction method;
c) Construction progress schedule;
d) Plan for inspection and pre-commissioning test of construction works, pre-commissioning test at the construction stage or construction work constituents (items), acceptance test of completion of construction items and construction works;
dd) General safety plan according to the contents specified in Appendix III of this Decree; Detailed safety measures for works posing high risks of occupational unsafety identified in the general safety plan;
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4. Determining danger sites in construction projects.
5. Assigning construction manpower and equipment in accordance with the construction contract and relevant law provisions. Implementing the general occupational safety plan for the work performed on their part. Persons in charge of safety at workplace that are employed by construction contractors shall undergo training in occupational safety or construction engineering, and meet other regulations of the laws on occupational safety and hygiene.
6. Fulfilling the principal's responsibilities for the procurement, manufacture and production of materials, products, components and equipment used for construction works in accordance with Article 12 of this Decree and regulations of construction contracts.
7. Organizing the testing, inspection, experimentation and assessment of building materials, components, products, equipment, and technological equipment before and during the construction process according to design requirements and regulations of construction contracts. Construction laboratories owned or hired by contractors under regulations of construction contracts shall be qualified to provide testing services and directly perform these services to ensure that the test results properly indicate the quality of building materials, components, products, equipment and technological equipment used for construction works.
8. Carrying out construction activities in accordance with construction contracts, permits (if any) or designs. Promptly notifying investors in case of detection of any discrepancy between design documentation or construction contracts and actual conditions during the construction process. Controlling the quality of construction works on their part according to design requirements and regulations of construction contracts. Quality control records of construction works shall accord with the actual time of execution at the construction site.
9. Suspending construction works, project constituents or items when detecting and correcting any error or defect in the quality or any incident. Ceasing construction works when detecting risks of occupational accidents and incidents causing unsafety at work and taking corrective measures to ensure safety before resuming construction works; overcoming consequences of occupational accidents and incidents causing workplace unsafety that may occur during the construction process.
10. Conducting the surveying and monitoring or observation of construction works according to design requirements. Conducting tests, simple or complex dynamic test runs according to plans before recommending pre-commissioning tests.
11. Main contractors or general contractors shall be responsible for inspecting construction works performed by subcontractors on their part.
12. Using occupational safety funds for construction works to serve right purposes.
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14. Requesting investors to carry out pre-commissioning activities as per Articles 21, 22 and 23 herein.
15. Reporting to investors on the construction progress, quality, quantity, occupational safety and environmental sanitation in accordance with construction contracts and other relevant laws or regulations, or making ad-hoc reports at the investor’s request.
16. Reinstating the construction site, removing supplies, machinery, equipment and other property of their own from the construction site after the construction work has been commissioned and transferred, unless otherwise agreed in the construction contract.
17. Preparing and archiving construction management documents for the work they perform on their part.
18. Persons in charge of occupational safety of construction contractors shall assume the following responsibilities:
a) Implementing the general plan for safety at the construction site which has been approved by the investor; cooperating with stakeholders to regularly review this plan, safety measures and proposing any timely adjustment to the construction reality;
b) Instructing employees to identify dangerous factors that may cause accidents and measures to prevent accidents at construction site; requiring employees to properly and adequately use personal protective equipment when they are at work; inspecting and supervising the compliance with the occupational safety requirements of employees; managing the number of employees working at construction sites;
c) When detecting violations against regulations on occupational safety management or risks of occupational accidents or incidents causing occupational unsafety, measures shall be taken to promptly handle and correct these issues; deciding the suspension of works posing risks of occupational accidents or incidents causing labor unsafety; suspending employees who fail to comply with safety technical measures or violate regulations on the use of personal protective tools and means at construction site from being engaged in construction works and reporting to the construction foreman or the project director;
d) Participating in rescue of victims or mitigation of consequences of occupational accidents or incidents causing unsafety at work.
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1. Selecting organizations and individuals fully meeting the prescribed capacity conditions to perform construction works, supervising construction works (if any), conducting construction experiments and assessing the quality of the work ( if any) and performing other construction consulting works.
2. Handing over the site to the construction contractor in accordance with the construction schedule and the regulations of the construction contract.
3. Checking the conditions for starting construction works according to regulations of Article 107 of Law No. 50/2014/QH13 amended by Clause 39, Article 1 of Law No. 62/2020/QH14. Announcing project commencement in accordance with the construction law and by using the sample commencement notice specified in Appendix V of this Decree. In case the work is subject to the pre-commissioning test as prescribed in Clause 1, Article 24 of this Decree, the commencement notice shall be sent concurrently to the specialized construction agency that is accorded relevant authority.
4. Taking charge of construction supervision as prescribed in Article 19 herein.
5. Establishing the construction management system and notifying duties and powers of individuals in the construction management system of the investor or the construction supervision contractor (if any) to relevant contractors. Allocating appropriate human resources to carry out construction supervision and safety management; checking whether the mobilization and allocation of manpower of the construction supervision contractor conform to requirements of the construction contract (if any). Persons in charge of safety at workplace that are employed by investors shall undergo training in occupational safety or construction engineering, and meet other regulations of laws on occupational safety and hygiene.
6. Checking and approving the overall and detailed construction progress schedule of construction items prepared by the contractor to ensure compliance with the approved construction progress schedule. Adjusting the construction progress schedule when necessary according to regulations of construction contracts.
7. Checking and certifying the volume which has been checked and accepted according to regulations and the arising volume according to regulations of the construction contract (if any).
8. Reporting on safety measures to the specialized construction agency as prescribed in Clause 4, Article 52 of this Decree in case the construction project has a dangerous area that greatly affects community safety.
9. Conducting the controlled experimentation and quality inspection of construction project constituents, items and construction works according to regulations in Article 5 of this Decree.
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11. Organizing the preparation of project completion documentation.
12. Suspending or terminating construction works of construction contractors when they deem that the construction quality does not meet technical requirements; construction measures are unsafe; violations against regulations on management of workplace safety cause or pose risks of occupational accidents or incidents leading to occupational unsafety.
13. Taking charge and cooperating with relevant parties in, solving problems arising in the construction works; reporting, handling and mitigating consequences of accidents that occur at construction works, incidents causing occupational unsafety; cooperating with competent agencies in handling incidents at construction works, investigating machine and equipment breakdowns or failures according to regulations of this Decree.
14. Organizing the implementation of regulations on environmental protection at construction works in accordance with the law on environmental protection.
15. Preparing reports and sending them to the specialized construction agency to examine the pre-commissioning test according to regulations of this Decree.
16. Investors may have the autonomy in supervising one, several or all of regulations laid down in Clause 3 through Clause 7 of this Article if they meet the capacity conditions, or may hire consultancy agencies meeting legally prescribed requirements to do so; shall be responsible for inspecting the compliance of hired contractors according to terms and conditions of construction contracts and relevant regulations of laws.
17. Persons in charge of occupational safety of construction contractors shall be responsible for:
a) Supervising contractors' implementation of safety regulations at construction sites;
b) Organizing cooperation amongst contractors on the safety management and solving occupational safety issues during the construction period;
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Employees of entities participating in construction activities, while operating at construction sites, shall comply with the following regulations:
1. Fulfilling employees’ responsibilities under laws on occupational safety and hygiene.
2. Reporting to competent persons when detecting risks of occupational unsafety during the construction process.
3. Refusing to perform the assigned work if they see that such work causes occupational unsafety or they are not provided with adequate personal protective equipment as legally prescribed.
4. Only agreeing to perform works with strict requirements for occupational safety and hygiene after being trained in occupational safety and hygiene (OSH) practices and granted OSH cards.
5. Participating in rescue of victims or mitigation of consequences of occupational accidents or incidents causing unsafety at work.
6. Fulfilling other responsibilities under laws on occupational safety and hygiene.
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2. Organizations and individuals participating in technical inspection of occupational safety shall use online software to manage the inspection database (hereinafter referred to as “software”) specified in Clause 3 of this Article to update the database with latest information about machines and equipment subject to strict requirements for occupational safety that are used for construction activities after having been tested.
3. The Ministry of Construction shall be responsible for:
a) Developing, managing, updating software and instructing, requiring organizations and individuals engaged in the technical inspection of occupational safety to use the software;
b) Publishing information about organizations granted the Certificates of conformance to regulations on provision of the technical inspection of occupational safety on the software;
c) Publishing information about individuals who are granted Certificates of inspector on the software.
Article 17. Construction quantity management
1. The construction shall be carried out according to the approved design documentation.
“2.[4] The quantity of construction works shall be calculated and agreed by the supervisor of the investor and the contractor carrying out construction activities according to the time or the stage of construction, and shall be compared with the approved design quantity in order to serve as the basis for the pre-commissioning test and contractual settlement activities.
3. When there is any quantity arising out of the approved design or the bill of quantities, the investor, the construction supervisor of the investor, the design consultant and the construction contractor shall consider how to handle it. The quantity that the investor or the investment decision maker authorizes or approves shall serve as a basis for payment or settlement of obligations under construction contracts.
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Article 18. Construction progress management
1. Before the commencement of a construction project, the contractor shall set the construction schedule which is based on the contract performance period and the overall execution schedule of the project, and is approved by the investor.
2. The execution schedule of a large construction project with a long construction period shall be set for each period of execution, including month, quarter or year.
3. The investor, the construction supervision division of the investor, the construction contractor and other stakeholders shall be responsible for monitoring and supervising the construction progress of the construction project and adjusting the execution schedule in case the construction works in certain phases are prolonged without affecting the overall project progress.
4. In case the overall project progress is prolonged, the investor shall report to the investment decision maker to adjust the overall project execution schedule.
Article 19. Construction supervision
1. Construction works shall be supervised during the construction period in accordance with Clause 1, Article 120 of Law No. 50/2014/QH13. The construction supervision involves:
a) Checking the relevance of the construction contractor's capacity for that stated in the bidding documents and construction contracts, including: manpower, equipment, specialized laboratories, quality management systems of construction contractors;
b) Comparing the contractor's construction method with the approved construction method design. Approving the general safety plan and detailed safety assurance measures for specific works or those with high risks of occupational unsafety at construction sites;
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d) Carrying out the inspection and grant approval for building materials, components, products and equipment installed in construction works;
dd) Inspecting and urging construction contractors and other contractors to carry out construction works at construction sites as required by construction designs and construction schedules of the works;
e) Supervising the implementation of regulations on safety management of construction activities; supervising safety measures for adjacent construction works and observation at construction sites;
g) Requesting investors to adjust the detailed design whenever detecting any error and irrationality in that design;
h) Requesting contractors to suspend or terminate construction works when realizing that the construction quality does not meet technical requirements; construction measures are unsafe; violations against regulations on management of occupational safety cause or pose risks of occupational accidents or incidents leading to occupational unsafety; taking charge and cooperating with stakeholders in settling problems arising in the process of construction and cooperating in handling and mitigating consequences of incidents in accordance with this Decree;
i) Examining and evaluating the results of test of construction materials, components and products during the construction process and other relevant documents necessary for the pre-commissioning test; verifying and confirming as-built drawings;
k) Conducting the controlled experimentation and quality inspection of construction project constituents, items and construction works according to regulations in Article 5 of this Decree (if any);
l) Carrying out pre-commissioning tests as prescribed in Articles 21, 22 and 23 of this Decree; inspecting and confirming the completed construction quantities;
m) Performing other tasks prescribed in construction contracts.
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3. Under an EPC contract or lump-sum turnkey contract, responsibilities for construction supervision shall comply with the following regulations:
a) [5] The general contractor shall be responsible for performing construction supervision contents under his/her responsibility according to the contract for the work performed by him/her and the work performed by a subcontractor (if any). The general contractor may have the autonomy in supervising construction or hire a consultancy agency meeting legally prescribed requirements to implement these contents according to regulations;
b) The investor shall be responsible for inspecting the general contractor's implementation of construction supervision. The investor shall be entitled to appoint a representative to participate in the inspection and pre-commissioning testing of the construction project and the important phase of transition of construction steps, which must be agreed upon in advance with the general contractor in the inspection and pre-commissioning test plan according to regulations laid down at Point d, Clause 3, Article 13 of this Decree.
4. The organization performing the supervision of compliance with regulations specified in Clause 2 and point a, Clause 3 of this Article shall develop a quality management system and have sufficient personnel to perform the supervision at the construction site in accordance with the scope and requirements of the supervision work. Depending on the scale, nature and engineering conditions of the construction work, the personnel structure decided by the construction supervision organization shall include the chief supervisor and supervisors. Persons rendering the construction supervision under the control of the above organization shall have a construction supervision practicing certificate in conformity with the training major and grade of the construction work.
5. Organizations and individuals rendering the construction supervision shall make reports on their construction supervision results that contain information specified in Appendix IV of this Decree and send such reports to investors, and take responsibility for the accuracy, truthfulness and objectivity of these given information. A report may be made in the following cases:
a) A periodic report or a report made over stages of construction is required according to the provisions of Appendix IVa of this Decree. The investor shall regulate the formulation of a periodic report or a report over stages of construction, and the reporting time;
b) A report on the pre-commissioning test of the construction project at a stage, the pre-commissioning test of the completion of a construction package, item and construction work is required according to regulations in Appendix IVb of this Decree.
6. In case where the investor, EPC contractor or another general contractor winning a turnkey contract exercises the autonomy in carrying out both the construction supervision and construction, the investor and the general contractor shall establish a construction supervision unit that is independent from the construction unit.
7. Regarding construction works using public investment capital and state capital other than public investment capital:
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b) The construction supervision organization shall not participate in the quality inspection of the construction work under its supervision;
c) The contractor manufacturing, producing and supplying materials, products, components and equipment used for a construction work shall not participate in the quality inspection of products created by using materials and products that they supply.
8. Regarding PPP project, a contracting authority shall assume the following responsibilities:
a) Verifying information about the contractor’s capacity and experience to check whether such information is consistent with the invitation for bid or the request for proposals, and contractor selection results for the project's packages (if any);
b) Checking whether the implementation of the construction supervision conforms to contents of the protocol and supervision objectives and regulations of this Decree; checking the compliance with technical regulations and standards applicable to each construction work, technical regulations of design documentation during the construction process.
The contracting authority organizes the formulation and approval for the inspection plan, containing information about the inspection scope, inspection contents, number of tests, and other requirements relevant to the inspection work to be performed and arrangements made in project contracts;
c) Requesting PPP project enterprises to request supervision consultants or construction contractors to replace personnel that fail to meet the capacity requirements specified in the invitation for bid, the request for proposals and regulations of the construction law;
d) Requesting PPP project enterprises to suspend or terminate the construction of works when detecting any incident causing the construction unsafety, any sign of violation against regulations on load-bearing safety, fire prevention and fighting, environment affecting human lives, safety of the community, safety of adjacent works, and requiring contractors to take remedial actions before resumption of construction activities;
dd) Inspecting the quality of construction work constituents, items and the entire construction work when there is any quality-related suspicion or upon the request of the state regulatory authority. The contracting authority shall undertake the selection and approval for the construction testing contractor selection result according to regulations of the law on bidding; inspecting the inspection performance according to regulations;
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g) Inspecting the quality of the work as a basis for eligibility for transfer under the BOT or BLT project contract upon expiry of the service business or lease period.
Article 20. Author supervision carried out by design contractors during the construction period
1. The contractor making the construction design shall be responsible for carrying out the author supervision at the investor’s request and in compliance with the construction contract.
2. Tasks involved in the author supervision:
a) Explaining and clarifying detailed design documents at the request of the investor, the construction contractor or the construction supervision contractor;
b) Cooperating with the investor upon request in solving design problems and issues during the construction process; adjusting the design to the actual construction conditions, and handling irrationality arising in the design upon the request of the investor;
c) Promptly notifying the investor and recommending actions to be taken when discovering that the construction contractor's work is not conformable to the approved design;
d) Participating in the pre-commissioning test of the construction project at the request of the investor. In case of detecting that construction products or items fail to meet pre-commissioning test requirements, they shall promptly raise their written opinions about this situation to the investor.
Article 21. Pre-commissioning tests
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2. Construction supervisors shall refer to the approved documentation on the construction drawing, technical regulations, applied technical regulations, and results of quality inspection and testing of building materials and equipment which are made available during the construction process and related to the tested objects to check the construction works subject to the pre-commissioning test requirements.
3. Construction supervisors shall conduct the pre-commissioning test of construction works within 24 hours after receipt of the construction contractor's request for the pre-commissioning test of construction works. In case of refusal of the request for the pre-commissioning test, the written notification clearly stating the reasons for such refusal shall be sent to the construction contractor.
4. The written report on the pre-commissioning test of specific construction works or multiple construction works in a construction item shall be made in order of construction activities. The report contains the following main information:
a) Description of the tested work;
b) Testing location and time;
c) Signatories of the test report;
d) Pre-commissioning test conclusions, clearly stating whether or not to accept the pre-commissioning test results; consent to proceeding to the following works; request for repair and completion of the work performed and other requirements (if any);
dd) Signature, full name, title of the signatory to the pre-commissioning test report;
e) Appendices (if any).
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a) Person directly supervising construction activities of the investor;
b) Person in charge of construction technical methods of the construction contractor or the contractor or the main contractor;
c) Person in charge of construction technical methods of the subcontractor is a signatory if the general contractor or the main contractor involves in the test.
6. [6] Signatories to the pre-commissioning test report in case of application of an EPC contract:
a) The person directly supervising the construction of the EPC contractor or the person directly supervising the construction of the investor with respect to the work under his/her supervision according to regulations of the contract;
b) Person in charge of construction technical methods of the EPC contractor.
In case where the EPC contractor hires a subcontractor, the person directly in charge of the construction technical methods of the EPC contractor and the person directly in charge of the construction technical methods of the subcontractor shall sign the pre-commissioning test report;
c) The investor’s representative is a signatory if there is an agreement with the general contractor (if any).
7. Signatories to the pre-commissioning test report in case of application of a lump-sum turnkey contract:
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b) Person in charge of construction technical methods of the general contractor.
8. In case where the contractor is a consortium, the person directly in charge of the construction of each consortium member shall sign the test report on the work that they perform on their part.
1. According to specific conditions of each project, the investor and related contractors may, of their own choice, reach agreement on the organization of the pre-commissioning test at the construction phase or of the construction project constituent in the following cases:
a) At the end of a construction phase or upon completion of a construction project constituent, it is required to carry out the inspection and the pre-commissioning test to assess the quality before moving to the next construction stage;
b) Upon completion of a construction package.
2. The pre-commissioning test at a construction stage or of a construction work constituent shall be carried out on the basis of checking whether the results of the works which have been tested as prescribed in Article 21 of this Decree, results of the test, inspection, experiment or test run are conformable to technical requirements according to construction design regulations and legislative documents in accordance with relevant laws during the construction stage for the purpose of assessment of pre-commissioning test conditions of agreements between the involved parties.
3. Investors and relevant contractors may, of their own accord, reach agreement on the time of the pre-commissioning test, the order, contents, conditions and participants in the pre-commissioning test. In such case, test results shall be endorsed in report.
Article 23. Tests of completion of construction items or works before putting them into operation
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Before putting them into operation, an investor shall be responsible for undertaking and directly participating in tests of all of construction items or the entire work if the following requirements are satisfied:
a) Construction works are completely and fully performed according to the approved design documents;
b) The test of construction works, project constituents, and at the construction stage is fully conducted in accordance with Articles 21 and 22 of this Decree;
c) Results of the test, inspection, experiment or test run conform to technical requirements set out in construction design rules;
d) [7] Complying with legislative regulations on fire prevention and fighting, environmental protection in work construction and other relevant regulations of laws.
2. Conditional test or test of specific constituents of a construction work:
a) The investor may decide to conduct the conditional test before putting a construction item or construction work into temporary operation in case the basic construction has been completed according to design requirements, but there are still some issues related to quality that do not affect the load-bearing capacity, longevity and usability of the work; the work meets eligibility requirements for operation and comply with relevant specialized laws. Commissioning test results shall be endorsed by the written report containing information prescribed in Clause 6 of this Article, clearly specifying quality-related issues to be dealt with or construction works to be continued and the time or duration of completed mitigation or completion of construction works, and requirements concerning the scope of service of a construction work (if any). The investor shall undertake the test for the completion of the construction project after quality-related issues are successfully handled or the remaining construction works are completed;
b) In case where a constituent of the construction work is completed and meets the conditions specified in Clause 1 of this Article, the investor may decide to conduct the pre-commissioning test of this constituent before putting it into temporary operation. Pre-commissioning test results shall be certified by a report containing the information specified in Clause 6 of this Article which must clearly elaborate on the project constituent to be tested. The investor shall be responsible for continuing to finish and test the rest of constituents or construction items according to design requirements. The process of finishing the rest shall ensure safety and not affecting the normal exploitation and operation of the tested construction constituent.
3. Conditions for bringing the construction work or construction work item into operation or in use:
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b) As for the construction works specified in Clause 1, Article 24 of this Decree, the pre-commissioning tests thereof shall be inspected by competent state authorities specified in Clause 2, Article 24 of this Decree and results of the test specified at Point a of this Clause shall obtain the written approval granted by investors. With regard to the construction works using public investment capital or state capital other than public investment capital, investors shall only be allowed to settle construction contracts after obtaining the above stated written approval for test results. With regard to the construction works constituting a PPP project, the above-stated written approval for the pre-commissioning test results shall serve as a basis for the PPP project enterprise to prepare an application for work completion certification;
c) [8] Regarding works under an investment project on construction of urban areas, the investor shall complete the construction of works under technical and social infrastructure and other works (if any) in the project according to the construction plan stated in the construction investment feasibility study report of the project or project component that has been appraised and approved;
d) [9] They shall obtain the environmental license issued by the competent authority or environmental registration if such work/work item is required to obtain the environmental license or environmental registration according to regulations of the law on environment and other relevant specialized laws (if any).
4. In a construction work, if certain major specifications and parameters fail to match design requirements and it is not or has not yet been eligible for the completion test or the conditional test referred to in Clauses 1 and 2 of this Article, the following actions shall be taken:
a) The investor and the contractor shall clarify technical specifications and parameters that do not conform to design requirements; and determine responsibilities of relevant organizations and individuals and handle violations according to regulations of the construction contract;
b) In this case, only traffic works or works that provide essential technical infrastructure facilities for community benefits shall be considered to be brought into operation or in use after technical parameters and conditions for putting construction works into operation or in use are re-assessed; the investment decision maker grants approval; and the competent state authority gives their opinions in accordance with relevant laws.
5. The investor and relevant contractors may reach agreement on the time of the pre-commissioning test, the order and contents of the test. After that, test results shall be endorsed in a report. Report contents and signatories are regulated in Clauses 2, 6 and 7 of this Article.
6. The report on the test for completion of a construction work item or work shall include the following information:
a) Title of the tested construction item or work;
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c) Signatories of the test report;
d) Assessment of the satisfaction of the test conditions specified in Clause 1 of this Article and the conformability of the tested construction item and work to the design requirements, technical instructions and other requirements of the construction contract;
dd) Test conclusion (agreement or disagreement about the test for completion of the construction item, construction work; requesting repair, further completion and other opinions (if any));
e) Signature, full name, title and stamp of the legal entity of the signatory to the test report;
g) Appendices (if any).
7. Signatories of the test report:
a) Legal representative of the investor or the authorized person;
b) Legal representative of the construction supervision contractor or the chief supervisor;
c) Legal representative, construction foreman or project director of the main construction contractor or the general contractor (under the general contract); in case the contractor is a consortium, the legal representative, construction foreman or project director of each consortium member;
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dd) Legal representative of the authority having competence in signing the project contract or an authorized person under the public-private partnership contract.
Article 24. Inspection of the pre-commissioning test or commissioning of construction works
1. Construction works shall be subject to the inspection of the pre-commissioning test or test for completion prescribed in Clause 45 of Article 1 of the Law No. 62/2020/QH14 by the competent regulatory authorities regulated in Clause 2 of this Article. The following construction works and projects shall be subject to such inspection:
a) Construction works of projects of national importance; large-scale and complex technical works as prescribed in Appendix VIII of this Decree;
b) Construction works using public investment funds;
c) Construction works having great impacts on the safety and benefits of the community in accordance with the law on management of construction investment projects other than the works mentioned at Points a and b of this Clause.
2. Inspection authority:
a) The Council prescribed in Article 25 herein shall be accorded authority to inspect the construction works prescribed in point a of Clause 1 of this Article;
b) [10] The specialized construction body directly affiliated to the Ministry in charge of specialized construction works shall have authority to carry out the inspection with respect to construction works, irrespective of whether they are funded by investment capital under their jurisdiction as prescribed in Clause 3 of Article 52 herein, including: construction works assigned by the Prime Minister, special-grade construction works, construction works located along routes passing through 2 provinces or more, grade-I construction work; except for works specified in point a, point b1 of this Clause and works under construction investment projects for which only construction investment economic-technical reports are required;
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c) Specialized construction authorities affiliated to provincial-level People's Committees shall inspect various types of construction works within their provinces under their management according to Clause 4, Article 52 of this Decree, except for the works specified at Point a, point b of this Clause; Provincial People's Committees may decentralize the inspection of the pre-commissioning test to specialized authorities affiliated to district-level People's Committees;
d) The Minister of National Defense and the Minister of Public Security shall regulate the authority to inspect works serving national defense and security purposes;
dd) In case a construction investment project includes multiple construction works or items of different types and grades that are specified in Clause 1 of this Article, authorities in charge of the inspection shall be the ones responsible for the inspection of main construction works or items ranked at the highest grade amongst those of this construction investment project.
3. Contents and procedures for inspection of the pre-commissioning test during the construction process and upon completion of construction with respect to construction works specified at Point a, Clause 1 of this Article shall comply with the Council's working rules set in Clause 1 of Article 25 of this Decree.
4. The inspection by the specialized construction authority shall involve:
a) Inspection of the investor's and contractor’s compliance with regulations on quality and safety management for construction activities in accordance with this Decree and regulations of relevant laws;
b) [12] Inspection of pre-commissioning testing conditions for completion of construction works.
5. Procedures for inspection of the pre-commissioning test during construction by specialized construction authorities:
a) After receiving the project commencement notice from the investor according to Appendix V of this Decree, the specialized construction authority shall carry out the inspection no more than 3 times for special-grade and grade-I construction works, and not more than 02 times for the remaining construction works during the period from the project commencement date to the project completion date, except as the work has quality-related problems or issues during the construction process, or the investor organizes the pre-commissioning test according to regulations of Clause 2, Article 23 of this Decree;
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6. Procedures for the pre-commissioning test for completion of a construction work:
a) 15 or 10 days before the investor’s proposed date of testing for completion of the special-grade or grade-I project, or the rest of works prescribed in Article 23 of this Decree, respectively, the investor shall send 01 application for the inspection of the pre-commissioning test according to regulations in Appendix VI of this Decree to the specialized construction authority;
b) The specialized construction authority shall carry out the inspection involving those specified at Point b, Clause 4 of this Article. In case where the construction work is not inspected during the construction process according to regulations in Clause 5 of this Article, the inspection will be carried out as stated in Clause 4 of this Article. The written document stating approval for the investor's test results shall be issued in accordance with regulations in Appendix VII of this Decree or the written document stating rejection of the investor’s test results shall be issued, clearly stating existing issues to be handled. The time limit for issuance of such written document by the specialized construction authority is not more than 30 days for grade-I, special-grade construction works, and 20 days for the remaining construction works, from the date of receipt of the written request for inspection of the pre-commissioning test;
c) During the inspection process, the competent authority specified in Clause 2 of this Article shall be entitled to request the investor and stakeholders to explain and address issues (if any) and request controlled experiments, construction testing and inspection, bearing capacity testing of construction structures according to regulations in Article 5 of this Decree;
d) Competent authorities shall be allowed to invite organizations and individuals having appropriate competencies to participate in the inspection and testing.
7. The inspection of the pre-commissioning test by the competent authority specified in Clause 2 of this Article shall not replace or reduce the investor's responsibility for the quality management of construction works and the responsibilities of contractors participating in construction activities for construction quality for the work they perform in accordance with the law.
8. Costs and expenses for the inspection of the pre-commissioning test during the construction process and for completion of construction shall be estimated, appraised and approved by the investor and included in the total construction investment.
9. The Minister of Construction shall provide instructions about costs for inspection of the pre-commissioning tests during the construction process and for completion of the construction works.
Article 25. Council for inspection of pre-commissioning tests established by the Prime Minister
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2. Every year, the Council shall propose the list of works to be tested by the Council to seek the Prime Minister's approval.
3. Ministries, ministerial agencies, Governmental bodies, provincial People’s Committees, and other relevant entities or individuals, shall be responsible for cooperating with the Council in performing the Council’s tasks.
Article 26. Preparing and archiving project completion documentation
1. Investors shall undertake the preparation of construction completion documentation according to regulations of Appendix VIb of this Decree before putting construction items or works into operation or in use.
2. Construction completion documentation shall be made once for the entire construction investment project if the construction works (items) belonging in projects are put into operation or in use at the same time. In case where construction works (items) of a project are put into operation or in use at different time, construction completion documentation can be made for each of these works (items).
3. Investor shall prepare and archive construction completion documentation. Entities involved in construction investment activities will keep records and documents related to the works they perform on their part. If there is none of originals, main copies or legitimate duplicates thereof may be used instead. Particularly for residential buildings and monuments, the archiving shall also comply with the law on housing and the law on cultural heritage.
4. The minimum period of archiving or retaining documents and records shall be 10 years for construction works of group-A projects, 07 years for construction works of group-B projects and 05 years for construction works of group-C projects from the date on which these construction items and works are put to use.
5. Documents and records submitted as archives of construction works shall comply with regulations of law on archives.
Article 27. Delivery of construction items or works
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2.[13] Depending on specific conditions, each construction work, each completed work constituent or each construction item that is completed and tested according to regulations can be delivered and put into operation and use at the request of the investor or the operator. In case of transfer of works or work items under the project on urban center construction, before transfer, the construction of works under technical and social infrastructure and other works (if any) shall be completed in the project according to the construction plan stated in the construction investment feasibility study report of the project or the project component which has been appraised and approved according to regulations”.
3. Investors shall undertake the preparation of 01 set of documents serving the purposes of management, operation and maintenance of construction works or projects in accordance with regulations in Appendix IX of this Decree, and delivery thereof to owners or managers or users thereof during the process of such delivery. Owners or managers or users of construction works shall be responsible for retaining and archiving delivery documentation during the process of operation and use of such construction works.
4. In case of partially putting construction works into operation or in use, investors shall undertake the preparation of construction completion documentation, the preparation and handover of documentation serving the purposes of management, operation and maintenance of the part of construction work to be put into use.
WARRANTY, MAINTENANCE AND DEMOLITION OF CONSTRUCTION WORKS
Section 1. CONSTRUCTION WARRANTY
Article 28. Construction warranty requirements
1. Construction contractors and equipment supply contractors shall be responsible to investors for the warranty for the works they perform on their part.
2. In the construction contract, the investor shall agree with contractors involved in the construction on the rights and responsibilities of the parties regarding the construction warranty; period of warranty for the construction work, equipment, technological equipment; warranty method and form; warranty coverage; custody, use, and refund of warranty expenses, collateral, pledged property or other forms of guarantee having equivalent value. The above contractors shall only be entitled to refund of the warranty expenses, collateral, collateral, pledged property or other forms of guarantee after the expiration of the warranty period, and obtaining the investor’s confirmation of discharge of warranty liabilities. Regarding construction works using public investment capital or state capital other than public investment capital, monetary warranty or letter of guarantee for warranty issued by banks may be accepted. The warranty period and coverage shall be specified in Clauses 5, 6 and 7 of this Article.
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4. The period of warranty for construction works in progress that have quality-related defects or incidents that have been repaired and remedied by the contractor may be extended on the basis of agreements between the investor and the construction contractor before the pre-commissioning test thereof.
5. The warranty period for new or renovated or upgraded construction items or works shall start from the date of the investor’s pre-commissioning test in accordance with regulations and shall be regulated as follows:
a) Not less than 24 months for special-grade and grade-I construction works using public investment capital or state capital other than public investment capital;
b) Not less than 12 months for construction works at other grades using public investment capital or state capital other than public investment capital;
c) The warranty period for construction works using other capital can be determined with reference to regulations in Points a and b of this Clause.
6. The warranty period for construction equipment, technological equipment shall be determined under the construction contract but not shorter than the warranty period as prescribed by the manufacturer and shall be calculated from the date of the test of completion of equipment installation and operation activities.
7. For construction works using public investment capital or state capital other than public investment capital, the minimum warranty coverage shall be regulated as follows:
a) 3% of contract value with respect to special-grade and grade-I construction works;
b) 5% of contract value with respect to construction works at the remaining grade;
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Article 29. Responsibilities of entities involved in construction warranties
1. During the validity period of warranty for a construction work, when detecting any damage or defect, the investor, and the owner or the manager or the user of that construction work shall report to the investor to, request the construction contractor or the equipment supply contractor to implement warranty procedures.
2. The construction contractor and equipment supply contractor shall have the burden of discharging warranty obligations to the work they perform on their part after receiving the warranty claim from the investor, the owner or the manager or the user of the construction work with respect to any damage occurring during the warranty period, and bearing all costs associated with the warranty claim payments.
3. The construction contractor or equipment supply contractor shall have the right to refuse to take warranty responsibilities in cases where damage or defect is caused through no fault of their own or due to force majeure events prescribed under the construction contract. In case damage or defect is caused through the contractor's fault but the contractor does not carry out their warranty obligations, the investor shall have the right to use the warranty sum to hire another organization or individual to perform their warranty obligations. The investor, the owner or the manager or the user of a construction work shall be responsible for complying with regulations on operation and maintenance of the construction work in the process of operation and use of such work.
4. The investor shall be responsible for inspecting and testing the implementation of the warranty obligations by the construction contractor and the equipment supply contractor.
5. Certifying the completed warranty for construction works:
a) Upon expiry of the warranty period, the construction contractor and the equipment supply contractor shall make a report on completion of implementation of warranty obligations and send it to the investor. The investor shall be responsible for certifying the completion of implementation of the warranty obligations for the construction work to the contractor in writing and refunding the warranty sum (or releasing the letter of guarantee having equivalent value from the bank) to the contractors in case where results of inspection and testing of warranty performance of the construction contractor or the equipment supply contractor in Clause 4 of this Article are satisfactory;
b) The owner or the manager or the user of that construction work shall take part in granting the certificate of completion of warranty for the construction work to the construction contractor or the equipment supply contractor at the investor’s request.
6. The construction survey contractor, the construction design contractor, the construction contractor, the construction equipment supply contractor and other relevant contractors shall be responsible for the quality of the work performed on their part even after expiry of the warranty period.
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Section 2. CONSTRUCTION MAINTENANCE
Article 30. Steps in maintenance of construction works
1. Formulating and approving construction maintenance procedures.
2. Making the plan and cost estimate for the construction work.
3. Carrying out the maintenance and quality management of maintenance work.
4. Assessing the safety for the construction work.
5. Preparing and handling construction maintenance documentation.
Article 31. Construction maintenance procedures
1. Subject matters of maintenance of construction works, including:
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b) Regulations on the object, method and frequency of construction inspection;
c) Regulations on contents of and instructions on maintenance of the work in accordance with each construction constituent, type of work and equipment installed in the work;
d) Regulations on the time of and directions for the periodic replacement of equipment installed in the construction work;
dd) Directions for the method of repair of the damaged construction works and handling of the degraded construction works;
e) Regulations on the useful life of the construction work, project constituents, construction items and equipment installed in the construction work;
g) Regulations on contents, method and time of the initial assessment and frequency rate of assessment of construction works subject to the safety assessment in the course of use and operation in accordance with applicable technical regulations and standards and regulations of relevant laws;
h) Determination of the time, subject matters and contents of the periodic inspection;
i) Regulations on the time, method and cycle of observation of construction works subject to observation requirements;
k) Regulations on construction maintenance records and information update to construction maintenance records and documents;
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2. Responsibilities for establishment and approval for construction maintenance procedures:
a) The construction design contractor shall formulate and hand over to the investor the construction maintenance process, construction constituents together with design documents deployed after the initial design stage; and update the maintenance process to suit the design changes in the construction process (if any) before the construction item or construction work is tested prior to being put to use;
b) The contractor supplying equipment to be installed in the construction project shall prepare and hand over to the investor the maintenance process for the equipment that they supply before installation thereof at the construction work;
c) In case where the construction design contractor or the equipment supply contractor cannot establish the maintenance process, the investor may hire another qualified consultant to develop maintenance procedures for the work for those specified at Points a and b of this Clause and shall be responsible for paying consulting costs;
d) The investor shall undertake the preparation and approval for maintenance procedures according to regulations in Point b, Clause 1, Article 126 of the Law No. 50/2014/QH13 amended by Point a, Clause 47, Article 1 of Law No. 62/2020/QH14. The investor, the owner or the manager or the user of the construction work may hire a qualified consultant to assess a part or the whole of the construction maintenance procedures designed by the design contractor as a basis to seek approval.
3. With regard to a construction work which has been put into operation or in use, if there is no maintenance procedure, the owner or the manager or the user of such work shall formulate and approve the construction maintenance procedure, and may undertake construction inspection as a basis for establishment of maintenance procedure for it if necessary. In the maintenance procedure, the remaining useful life of each construction work, project constituent, item and equipment installed at the construction work shall be clearly identified.
4. It is not mandatory to establish the separate maintenance procedure for each grade-III or lower-grade construction work, detached house and temporary construction work, unless otherwise prescribed by law. The owner or the manager or the user of such construction work shall be responsible for maintaining it in accordance with regulations on maintenance of construction works laid down herein.
5. In case there are standards for maintenance or similar maintenance procedures for construction works, the owners or the managers or the users of such works can apply them to the works without establishing the separate maintenance procedures.
6. Adjustment in the procedures for maintenance of construction works:
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b) The contractor formulating the maintenance procedures is obliged to modify, supplement or change irrational contents of the maintenance procedures if such irrationality is caused through his fault, and has the right to refuse any unreasonable request for adjustment to the maintenance procedures from the owner or the manager or the user of the construction work;
c) The owner or the manager or the user of the construction work has the right to hire another qualified contractor who is capable of modifying or supplementing the maintenance procedures in case the contractor formulating the initial maintenance procedures fails to do so. The contractor modifying or supplementing the construction maintenance procedures shall be responsible for the quality of the work that he/she performs;
d) As for construction works where maintenance technical standards are used for performing maintenance work, if these standards are modified or replaced, the owner or the manager or the user of the construction work shall be responsible for performing the maintenance work according to the updated maintenance procedures;
dd) The owner or the manager or the user of the construction work shall be responsible for approving adjustments to the maintenance procedures, unless otherwise prescribed by law.
Article 32. Construction maintenance plan
1. The owner or the manager or the user of a construction work shall develop the annual construction maintenance plan according to the approved maintenance procedure and actual conditions of the construction work.
2. The construction maintenance plan shall include the following information:
a) Involved activities;
b) Execution time;
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d) Execution method.
3. The maintenance plan may be modified or supplemented during the execution process. The owner or the manager or the user of the construction work shall decide any modification or supplementation of the construction work.
Article 33. Carrying out the maintenance of construction works
1. The owner or the manager or the user of the construction work has the autonomy in conducting the inspection, maintenance and repair of the construction work according to the approved work maintenance procedures if they meet eligibility conditions, or may hire another qualified organization to render the maintenance work.
2. Carrying out the regular, periodic and irregular inspection to promptly detect signs of degradation or damage to the construction work, and equipment installed in the construction work as a basis for the maintenance of the construction work.
3. Construction maintenance is performed according to the approved annual maintenance plan and construction maintenance procedures.
4. Repair of construction works, including:
a) Periodic repair of construction works involves the repair of any defect or replacement of damaged constituents or equipment installed in these works which is carried out in a periodic manner as prescribed in the maintenance procedures;
b) The ad-hoc repair of a construction work is made when a part or the whole of the construction work is damaged due to unexpected events, such as wind, storm, flood, earthquake, collision, fire and others, or when a part or the whole of the construction work is likely degraded to the extent of adverse effects on safety for use, operation and exploitation of this work.
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a) The periodic maintenance is carried out according to the approved construction maintenance procedures;
b) It is discovered that a part or the whole of the construction work is damaged or likely causes danger or unsafety for the operation and use of the construction work;
c) There is a request for assessment of the current quality of the construction work in service of the formulation of the maintenance procedures for construction works that have already been put into use without the maintenance procedures;
d) It is necessary to have a basis to decide the extension of the work's useful life with respect to construction works whose design life has expired or to renovate or upgrade the construction work;
dd) There is any request from competent regulatory authorities.
6. The construction observation shall be carried out to assist in the construction maintenance of a construction work in the following cases:
a) Any incident involving construction projects of national importance or others may result in catastrophic consequences;
b) The construction work is likely collapsed due to subsidence, tilt and other abnormalities;
c) At the request of the investor, the owner or the manager or the user of the construction work.
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7. In case where the work is owned by many owners, in addition to the responsibility for the maintenance of the part of the work under their own ownership, such owners shall be responsible for the maintenance of the part of the work under common ownership in accordance with relevant laws.
8. As for the construction work that has not been delivered to the owner or the manager or the user of the construction work, the investor shall be responsible for making the construction maintenance plan and carrying out the maintenance of the construction work according to regulations of this Article and Article 31 of this Decree.
Article 34. Management of construction maintenance quality
1. The regular, periodic and ad-hoc inspection shall be carried out visually or via regular observation data (if any) or by dedicated test equipment by the owner, the manager or the user of the construction work when necessary.
2. The construction maintenance is performed step by step according to the construction maintenance procedures Results of construction maintenance shall be recorded and documented; the owner or the manager or the user of the construction work shall be responsible for certifying the completion of maintenance work and controlling maintenance activities in the construction maintenance documentation.
3. The owner or the manager or the user of the construction work shall undertake the supervision and testing of the repair work; prepare, manage and archive construction repair documents in accordance with the law on construction management and other relevant laws.
4. The repaired work shall be warranted for not less than 6 months with respect to grade II or lower-grade construction works and not less than 12 months with respect to grade I or higher-grade construction works. Warranty coverage shall not be less than 5% of contract value.
5. The owner or the manager or the user of the construction work may enter into an agreement with the repair contractor on warranty rights and responsibilities, warranty period, warranty coverage for the repair work during the construction maintenance period.
6. In case where the construction work requires observation or quality inspection, the owner or the manager or the user of the construction work shall hire a qualified organization to perform these tasks. If necessary, the owner or the manager or the user of the construction work can hire an independent organization to assess review reports on inspection and observation results.
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a) Documents serving the maintenance include those on construction maintenance procedures, as-built drawing, record of equipment installed in the construction work and other records, documents that are necessary for the construction maintenance;
b) The investor shall be responsible for handing over construction maintenance documents to the owner or the manager or the user of the construction work before delivery of the construction work for operation and use.
8. Construction maintenance documentation, including:
a) Documents serving construction maintenance purposes as stated in Clause 7 of this Article;
b) Maintenance plan;
c) Regular and periodic inspection results;
d) Construction maintenance or repair results;
dd) Construction observation results and construction quality inspection (if any);
e) Results of assessment of load bearing and operational safety of the construction work during the period of operation and use thereof (if any);
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9. In case of construction projects under PPP agreements
a) The contracting authority shall be responsible for inspecting PPP project enterprises’ construction maintenance activities according to regulations in this Decree;
b) PPP project enterprises shall be responsible for the transfer of technologies, handing over maintenance documents and construction maintenance documents to contracting authorities before transfer of construction projects according to regulations of project agreements.
Article 35. Construction maintenance costs
1. Costs of maintenance of a construction work are all costs that are determined according to requirements of the works to be performed in accordance with the approved construction maintenance procedures and plan. Maintenance costs may include one, some or all of the costs incurred from the maintenance of a construction work according to the requirements of the approved construction maintenance procedures.
2. According to the form of ownership and management and use of the work, the cost of the maintenance work is formed from one source of capital or a combination of the following sources of capital: state capital other than public investment capital, regular expenditure, revenues from the operation and use of construction works; capital contributed and raised from organizations, individuals and other lawful sources of capital.
3. Construction maintenance costs:
a) Costs of execution of the annual maintenance works, including: Costs incurred from formulating annual construction maintenance plans and cost estimates; carrying out regular and periodic construction inspections; work maintenance costs determined according to the annual maintenance plans of construction works; setting up and operating the database on construction maintenance; preparing and managing construction maintenance documentation.
b) Costs of (both regular and irregular) construction repair, including costs incurred from repair of construction work and equipment according to the approved construction maintenance procedures, and from any necessary addition and replacement of construction items and equipment to serve the purposes of ensuring the right functions and safety of construction works during the period of operation and use.
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d) Other costs, including those necessary to carry out the construction maintenance process, such as audit, verification before approval for the financial settlement; construction insurance; evaluation and other related costs;
dd) Overheads incurred from construction maintenance activities performed by the owner or the manager or the user of the construction work.
4. Costs of repair of a construction work or equipment
a) In case of repair of a construction work or equipment costing less than VND 500 million from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall have autonomy in deciding the repair plan, containing the following information: the name of the construction constituent or equipment to be repaired or replaced; repair or replacement reasons, repair or replacement targets; quantity of repair or replacement work; cost estimation, expected execution time and completion time.
b) In the case of repair of a construction work or equipment costing VND 500 million or more from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall undertake the preparation, submission for appraisal and approval for the economic and technical report or the construction investment project in accordance with laws on investment in construction.
c) In the case of repair of a construction work or equipment using other funds, the investor or the manager or the user of the construction work shall be encouraged to consult and apply the regulations specified at Points a and b of this Clause in order to determine costs of repairing that construction work or equipment.
5. With respect to the annual maintenance costs (excluding the costs of repairing a construction work or equipment), the investor or the manager or the user of the construction work shall take charge of the preparation of the annual estimate of these costs. The management of annual maintenance costs shall comply with regulations in laws covering the capital sources used for performing maintenance work.
Section 3. CONSTRUCTION SAFETY ASSESSMENT
Article 36. Construction safety assessment procedures
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2. Carrying out construction safety assessment activities.
3. Making a review report on safety assessment results.
4. Sending the safety assessment report to the authority having competence in receiving and giving opinions on construction safety assessment results under regulations in Clause 4 of Article 39 herein.
Article 37. Regulated tasks involved in construction safety assessment
1. Examination and assessment of the working capacities of main load-bearing structures and construction constituents potentially causing unsafety risks.
2. Examination and assessment of the conditions for assurance of normal operation and exploitation of the construction work, including: noise levels, pollution levels of smoke, dust, and substances harming human health; fire safety; testing results of equipment subject to strict safety requirements and other relevant safety conditions.
3. Specialized construction Ministries shall be responsible for:
a) Issuing technical regulations, standards, and construction safety assessment procedures;
b) Announcing testing and evaluation organizations qualified for conducting the safety assessment of specialized construction works;
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Article 38. Responsibilities for conducting construction safety assessment activities
1. Responsibilities of project owners or persons managing or using construction projects:
a) Taking charge of carrying out the construction safety assessment procedures prescribed in Article 36 herein. The project owner or the manager or the user of the construction work shall have the autonomy in conducting such activities if they meet eligibility conditions, or may hire another qualified organization to render the construction safety assessment work;
b) Handing over documents and records required for the construction safety assessment to the testing and inspection organization as a basis for formulation of the construction safety assessment protocol, including: construction maintenance documents, design documentation, including construction drawings, as-built drawings, records of equipment installed in the construction works and other records and documents necessary for the construction safety assessment. In the absence of documents or if construction documents do not have sufficient information necessary for the safety assessment, the owner or the manager or the user of the construction work can hire a qualified organization to carry out the survey and make current construction status documents used for the construction safety assessment purpose;
c) Taking charge of verifying and approving the safety assessment protocol;
d) Undertaking the supervision of implementation of construction safety assessment tasks;
dd) Reviewing and confirming construction safety assessment results;
e) Sending 01 copy of the safety assessment report to the competent authority stated in Clause 4 of Article 39 herein;
g) Filing construction safety assessment documents in the file of documents necessary for construction maintenance activities.
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a) Formulating the construction safety assessment protocol in accordance with applicable technical regulations, standards, terms and conditions of the construction contract, and submitting it to the owner or the manager or the user of the construction work to seek his/her approval;
b) Carrying out construction safety assessment activities according to the approved protocol;
c) Making a review report on safety assessment results and submitting it to the project owner or the manager or the user of the construction work according to regulations;
d) Bearing responsibility for the quality of construction safety assessment activities that they perform on their part. The certification of the report on safety assessment results of the project owner or the manager or the user of the construction work does not replace and reduce responsibility for the safety assessment performed by the testing and inspection organization.
3. Provincial-level People’s Committees shall be responsible for:
a) Reviewing construction works subject to construction safety assessment within their provinces; regulating the assessment schedule and requesting project owners or persons managing or using construction works to organize the construction safety assessment according to regulations in this Decree;
b) As for the construction works specified at Point a of this Clause that are located within their provinces, if owners thereof or persons managing or using them have not yet been identified, provincial-level People's Committees shall undertake the construction safety assessment as prescribed in this Decree.
Article 39. Certification of construction safety assessment results
1. The owner or the manager or the user of the construction work shall check the quantity of construction safety assessment work, and consider the conformity of the construction safety assessment report in comparison to the approved construction safety assessment protocol and contractual terms and conditions to certify the construction safety assessment results.
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3. Within 14 days after receiving the reports on construction safety assessment results from the owners or the managers or the users of construction works as prescribed at Point e, Clause 1, Article 38 of this Decree, authorities having competence in receiving these reports shall consider informing their opinions on construction safety assessment results to the owners or the managers or the users of those construction works as follows:
a) Approving safety assessment reports; requesting the owners or the managers or the users of the construction works to follow the recommendations of the safety assessment organizations so that the construction works can meet safety requirements;
b) Rejecting safety assessment reports in case assessment contents and results of these reports do not meet the requirements; requesting the owners or the managers or the users of these works to conduct reassessment or additional assessment;
c) In case where the assessment results show that a construction work does not ensure safety conditions, the owner, the manager or the user of the construction work is required to comply with Article 40 of this Decree.
4. Unless otherwise prescribed by laws, the authority to receive and give opinions on construction safety assessment results shall be prescribed as follows:
a) Provincial People’s Committees shall have authority over construction works located within their provinces;
b) Ministries managing specialized construction works shall have authority over those specialized construction works located in 02 provinces or more under the jurisdiction specified in Clause 3, Article 52 of this Decree;
c) The Ministry of National Defense and the Ministry of Public Security shall have authority over national defense and security construction projects.
Section 4. ACTIONS AGAINST POTENTIALLY DANGEROUS CONSTRUCTION WORKS, EXPIRED CONSTRUCTION WORKS AND DEMOLITION OF CONSTRUCTION WORKS
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1. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the owner, the manager or the user shall be responsible for:
a) Re-checking the current construction status;
b) Conducting construction quality inspection (if necessary);
c) Deciding to take urgent measures such as restricting the use of the construction work, ceasing the use of the construction work, zoning off the dangerous site, moving people and property to ensure safety if the construction work is likely to collapse;
d) Immediately reporting to the nearest local authority;
dd) Correcting damage that may cause the unsafety during the process of use and operation of the construction project, or demolishing the construction work when necessary.
2. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the local authority shall be responsible for:
a) Inspecting, notifying, requesting and instructing the owner or the manager or the user of the construction work to organize the survey, quality inspection, assessment of the danger level, performing the repair or the demolition of the construction constituent or work (if necessary);
b) Requesting the owner or the manager or the user of the construction work to take urgent measures specified at Point c, Clause 1 of this Article and according to the schedule of application of urgent measures in case the owner or the manager or the user of the construction work fails to take safety action of their own accord;
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d) Charging the owner or the manager or the user of the construction work in accordance with laws when they fail to comply with the requirements of the competent state authority specified in Clause 4, Article 39 of this Decree.
3. Regarding old apartment buildings or those likely to cause danger, unsafety for operation or use thereof, the owners or the managers or the users of these works shall comply with regulations of this Decree and other regulations of laws on housing.
4. Every citizen shall reserve the right to notify the owner or the manager or the user of the construction work, the competent state authority or the mass media agency when detecting that the construction item or work has any incident or is likely to cause danger or unsafety for operation and use thereof so that timely actions would be taken.
5. When receiving information about construction items or works that have incidents or are likely to cause danger or unsafety for operation and use of construction works, owners or managers and users of these construction works, competent state authorities specified in Clause 4, Article 39 of this Decree shall be responsible for applying safety measures specified at Point c, Clause 1 of this Article. If any failure to take timely action is likely to cause human and property losses, they shall be charged under laws.
Article 41. Actions against construction projects whose design life is expired
1. Owners or managers or users of construction works shall determine the useful life of each construction work according to the construction design documentation and technical regulations and standards applicable to construction works.
2. Regarding construction works that have great impacts on the safety and benefits of the community in accordance with the law on construction project management, for a period of at least 12 months before each construction work expires, the owner or the manager or the user of the construction work shall report to the competent state authority specified in Clause 4, Article 39 of this Decree on the expiry date of the construction work and the action plan for the expired construction work.
3. After receiving the report specified in Clause 2 of this Article, the competent state authority specified in Clause 4, Article 39 of this Decree shall add the expired construction work to the list posted on its website.
4. Regarding construction works that expire but continue being used to meet the demand, except for detached houses of families or individuals, owners or managers and users of these works shall be responsible for:
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b) Conducting the reinforcement, renovation and repair of construction works (if any) to ensure their proper functions and safety;
c) Sending 01 report on results of the works specified at Points a and b of this Clause to the competent state authorities specified in Clause 4, Article 39 of this Decree and other ones according to the relevant regulations of law to seek their opinions on the extension of the useful life of these works, except for detached houses. The time limit for processing application for and giving opinions on the extension of the construction work’s useful life by competent state authorities shall be 14 days from the date of receipt of each report;
d) According to the results of the performance of the works specified at Points a and b of this Clause and opinions of competent state authorities specified at Point c of this Clause, owners or managers and users of construction works shall decide and take responsibility for the continued use of these construction works.
5. Cases of discontinuation in using expired construction projects:
a) Owners or managers or users have no longer demands to use these construction works;
b) The results of inspection and examination of the present quality of each construction work show that the work is unsafe, cannot be reinforced, renovated or repaired;
c) These construction works are not allowed by competent state authorities to continue being operated and used.
6. Competent state authorities prescribed in Clause 4 of Article 39 herein shall be responsible for:
a) Reviewing these construction works where there are insufficient grounds to determine their useful life as prescribed in Clause 1 of this Article and requesting the owners, the managers or the users to organize the implementation of the contents laid down in Clause 4 of this Article;
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c) Notifying the owner or the manager or the user of the construction work of the termination and requesting the owner or the manager or the user of the construction work to be responsible for the demolition of the construction work and the time of demolition for those construction works that are no longer in use as prescribed in Clause 5 of this Article.
7. Actions against expired apartment buildings shall comply with regulations of the law on housing
8. Regarding detached houses of families or individuals that have expired but continue being used to meet demands, the owners or the managers or the users of the works shall perform the activities specified at Point a and b, Clause 4 of this Article and, according to the results of implementation of these activities, decide and take responsibility for the continued use of these houses, except for the cases specified in Clause 5 of this Article.
Article 42. Demolition of construction works
1. Cases of demolition of construction works:
a) Construction works need be demolished for ground clearance purposes to build new or temporary construction works;
b) Construction works need to be demolished under regulations laid down in point b of Clause 1 of Article 118 of the Law No. 50/2014/QH13, which is amended by Clause 44 of Article 1 in the Law No. 62/2020/QH14;
c) Construction works need to be demolished at the request of competent state authority under regulations laid down in Points c, d and dd of Clause 1 of Article 118 in the Law No. 50/2014/QH13, which is amended by Clause 44 of Article 1 in the Law No. 62/2020/QH14;
d) Construction works need to be demolished upon expiry as prescribed in Article 41 herein.
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a) Owners or managers or users of construction works shall undertake the demolition of construction works in accordance with the law on construction and regulations of other relevant laws;
b) Presidents of provincial-level People's Committees, Presidents of district-level People's Committees or competent state authorities shall decide the demolition of construction works in accordance with the construction law and other relevant laws; decide to enforce the demolition and conduct the demolition of construction works in case investors, owners or managers or users of the construction works fail to fulfill their responsibilities for the demolition of construction works;
c) Agencies competent to impose administrative penalties shall decide to apply mitigative measures in the form of the forced demolition of violating works or constituents in accordance with the law on handling of administrative violations;
d) Competent authorities decide the demolition and enforcement of the demolition of residential houses as per laws on housing;
dd) The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish national defense and security construction works.
3. Plans and approaches for demolition of construction works shall include:
a) Grounds for formulation of plans and approaches for demolition of construction works;
b) General information about construction works and items to be demolished;
c) List of applicable national technical regulations and standards;
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dd) Demolition schedule and budget;
e) Others necessary for demolition activities (if any).
4. Persons assigned to manage and perform the emergency demolition of construction works shall have autonomy in deciding all demolition works in the process of organizing the emergency demolition of construction works to ensure conformity with the schedule of implementation of these demolition activities, safety and environmental protection and shall be responsible for their decisions.
5. With regard to the demolition of construction works that are public property, in addition to complying with regulations of this Decree, regulations of the law on management and use of public property shall be observed.
INCIDENTS ARISING FROM CONSTRUCTION, OPERATION AND USE OF CONSTRUCTION WORKS
Section 1. CONSTRUCTION INCIDENTS
Construction incidents are divided into three severity levels according to the extent of damage to construction works or human losses, including level-I, level-II and level-III incidents as follows:
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a) Any construction incident causes at least 6 deaths;
b) Any incident causes the collapse of the construction work; the collapse of a part of the construction work or any damage that is likely to cause the collapse of the entire grade-I or higher-grade construction work.
2. Level-II incidents, including:
a) Any construction incident causes 1 - 5 deaths;
b) Any incident causes the collapse of the construction work; the collapse of a part of the construction work or any damage that is likely to cause the collapse of the entire grade-II or grade-III construction work.
3. Level-III incidents, including construction incidents other than those prescribed in Clauses 1 and 2 of this Article.
Article 44. Construction incident report
1. Immediately after an incident, the investor shall, in the fastest manner, report on the incident, including the name and location of the construction work, preliminary information about the incident and damage (if any) to the People's Committee of the commune where the incident or loss (if any) occurs and their superior authority (if any). Immediately after receiving the incident report, the commune-level People's Committee shall report to the district-level People's Committee and the provincial-level People's Committee on the incident.
2. Within 24 hours from the occurrence time, the investor shall report the incident in writing to the district-level People's Committee and the provincial-level People's Committee of the place where the incident occurs. Regarding all incidents involving human losses, investors shall send reports to the Ministry of Construction and other competent state authorities in accordance with relevant laws. Each report shall contain the following main information:
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b) Names of organizations or individuals involved in construction;
c) Description of the incident, status of the construction work at the time of occurrence and the occurrence time;
d) Human and property loss (if any).
3. For any incident occurring at the construction work passing through 02 provinces or more, after receiving the written report or receiving information about the incident, the People's Committee of the province where the incident occurs shall send a report on the incident to the specialized construction Ministry.
4. The competent state authority shall be entitled to request the investor and related parties to provide information about the incident.
5. In case the incident occurs in the course of operation or use of the construction work, the owner or the manager or the user of that construction work shall comply with regulations in Clauses 1, 2 and 3 of this Article.
Article 45. Responses to construction incidents
1. Whenever an incident occurs, the investor and the construction contractor shall be responsible for taking timely actions to search and rescue, ensure safety for affected people and property, limit and prevent any potential danger; taking charge of protecting the incident scene and making a report according to regulations in Article 44 of this Decree. People's Committees at all levels shall direct and support related parties to set up search and rescue forces, protect incident scenes and perform other necessary tasks in the incident response process.
2. Provincial People's Committees shall be responsible for handling construction incidents and performing the following tasks:
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b) Considering and deciding the demolition and cleanup of the incident scene on the basis of meeting the following requirements: Ensure safety for people, property, construction works and other adjacent facilities. Before demolition or cleanup, relevant parties shall photograph or film the incident scene; collect evidence existing at the incident scene; record information relating the incident scene in documents necessary for the incident inspection and create the incident file;
c) Notify the results of the inspection results showing incident causes to the investor and other related entities; decisions on remedies or mitigative actions binding upon investors, owners or related parties;
d) Legally charge related parties;
dd) According to actual local conditions, provincial-level People's Committees may assign district-level People's Committees to take charge of addressing grade-II and grade-III construction incidents occurring within their respective jurisdiction.
3. Investors and construction contractors during the construction process or owners, managers and users of construction works during the operation and use thereof shall be responsible for dealing with incidents at the request of competent state authorities. After dealing with incidents, competent authorities specified in Clause 2 of this Article shall decide whether construction may proceed or construction works where incidents occur may be put to use.
4. Organizations or individuals causing incidents shall be responsible for paying compensation or costs incurred from handling of these incidents, depending on the nature, extent and impacts of these incidents.
5. The Minister of National Defense and the Minister of Public Security shall adopt regulations on reporting and handling of incidents at national defense and security construction works.
Article 46. Examination of causes of construction incidents
1. Authority to lead the examination of causes of construction incidents:
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b) The Ministry of National Defense and the Ministry of Public Security shall take charge of organization of the examination of causes of incidents occurring at national defense and security construction works;
c) Ministries in charge of specialized construction works shall take charge of organization of examination of causes of incidents occurring at construction works if they are assigned by the Prime Minister to do so.
2. Competent authorities prescribed in Clause 1 of this Article can set up incident investigation commissions to examine the causes of incidents. Each commission is composed of representatives of units of authorities in charge of handling incidents, relevant agencies and experts in technical specializations related to the incidents. Where necessary, the authority in charge of conducting the examination of incident causes shall appoint an inspection organization to conduct the assessment of the quality of the construction work to serve the purpose of the assessment of the incident causes and offer solutions to the incident.
3. Tasks involved in the examination of incident causes;
a) Collecting relevant records, documents, and technical data and performing professional works to find the incident causes;
b) Evaluating the safety of the construction work after the incident occurs;
c) Identifying responsibilities of relevant organizations and individuals;
d) Creating documentation on examination of incident causes, including: Report on incident causes and other related documents existing in the process of examination of incident causes.
4. Costs of examination of causes of construction incidents:
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b) In case where a construction incident occurs during the period of operation or use of a construction work, the owner, the manager or the user of that construction work shall be responsible for paying the costs of examination of construction incident causes. After the results of the examination of the construction incident causes are available and responsibilities for the incident are identified, the organization or individual blamed for causing such construction incident shall pay the costs of the examination of the incident causes. In case where the construction incident occurs due to force majeure events, the owner, the manager or the user of that construction work shall be liable for the costs of examination of the construction incident causes.
Article 47. Construction incident documents
Investors, owners, managers or users shall be responsible for preparing the incident documents, including the following contents:
1. Incident scene investigation report includes the following information: Name of the construction work or item where the incident occurs; construction site, time of the incident occurrence, preliminary description and development of the incident; conditions of the construction work at the time of the incident occurrence; preliminary review of human and property losses; preliminary identification of causes of the incident.
2. Design and construction documents related to the incident.
3. Documentation on examination of incident causes.
4. Documents related to the process for handling the incident.
Section 2. INCIDENTS CAUSING CONSTRUCTION UNSAFETY
Article 48. Incidents causing construction unsafety
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a) Failures of machinery and equipment necessary for construction works (hereinafter referred to as machinery and equipment incidents);
b) Occupational accidents occurring at construction works.
2. The declaration, investigation, reporting and resolution of incidents causing occupational unsafety for the construction shall be regulated as follows:
a) With regard to the incidents specified at Point a, Clause 1 of this Article, the declaration, investigation, reporting and handling thereof shall comply with Articles 49 and 50 of this Decree;
b) With regard to the incidents specified at Point b, Clause 1 of this Article, the declaration, investigation, reporting and handling thereof shall comply with laws on occupational safety and hygiene.
Article 49. Declaration, report and handling of machinery or equipment incidents
1. When a machinery or equipment incident occurs, the investor or the construction contractor must, in the fastest manner, report on the incident, including the name and location of the construction work, preliminary information about the incident and damage (if any) to the People's Committee of the commune where the incident occurs. Immediately after receiving the report, the commune-level People's Committee shall report to the district-level People's Committee, the provincial-level People's Committee, specialized construction agencies and relevant organizations on such incident so that they promptly respond to such incident.
2. In addition to the declaration specified in Clause 1 of this Article, if a machine or equipment incident kills or seriously injures at least 02 persons, the construction contractor shall make a report according to regulations of laws on occupational safety and hygiene.
3. The investor and the construction contractor shall be responsible for complying with regulations of laws on occupational safety and hygiene, and taking timely actions to search and rescue, ensure safety for affected people and property, limit and prevent any further danger; taking charge of protecting the incident scene and making declaration according to regulations in Clauses 1 and 2 of this Article.
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5. Authorities prescribed in Clause 1 of Article 50 herein shall be responsible for:
a) Checking the incident scene, checking the declaration and handling incidents of investors and construction contractors according to regulations in this Article;
b) Considering and deciding to cease or suspend operation of machinery, equipment; terminate or suspend construction items, parts or the whole of the construction works, depending on the severity and impacts of the incidents;
c) Considering and deciding the demolition and cleanup of incident scenes on the basis of assurance about safety for people, property, construction works and other adjacent facilities. Before demolition or cleanup of the incident scene, relevant parties shall photograph or film the incident scene; collect evidence existing at the incident scene; record information relating the incident scene in documents necessary for the examination of incident causes and make the machinery or equipment incident documents;
d) Notifying the results of examination of causes of the machinery or equipment incident to the investor and other related entities; decisions on remedies or mitigative actions binding upon investors or related parties;
dd) Legally charge related parties;
6. Investors, construction contractors or owners, managers or users of machinery or equipment shall be responsible for dealing with machinery and equipment incidents to ensure safety requirements before resuming construction activities.
7. Organizations and individuals that cause machinery and equipment incidents shall be responsible for paying compensation and costs incurred from mitigative actions or responses. Depending on the nature, severity and extent of impact, they may be sanctioned according to regulations of relevant laws.
Article 50. Investigation of machinery or equipment incidents
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a) Provincial People's Committees shall take charge of the inspection of machinery or equipment incidents occurring within their provinces, except the cases specified at Points b and c of this Clause;
b) The Minister of National Defense and the Minister of Public Security shall adopt regulations the investigation of incidents of machinery or equipment used for national defense and security construction works;
c) Ministries in charge of specialized construction works shall take charge of the investigation of machinery or equipment incidents occurring at construction works if they are assigned by the Prime Minister to do so.
2. Authorities having competence in investigation of incidents that are referred to in Clause 1 of this Article can set up incident investigation commissions to investigate the incidents. Each commission is composed of representatives of specialized construction authorities, relevant agencies and experts in technical specializations related to incidents. If necessary, the authority in charge of conducting the investigation of incidents shall appoint a consulting organization to find causes of the incident and recommend corrective actions.
3. Tasks involved in the investigation of machinery or equipment incidents:
a) Collecting relevant records, documents, and technical data and performing professional works to find the incident causes;
b) Evaluating the level of safety of machinery, equipment, construction works and adjacent facilities (if any) after the incident occurs;
c) Identifying responsibilities of relevant organizations and individuals;
d) Creating incident investigation documentation, including: Incident investigation report and other related documents existing in the investigation process.
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5. In case where the incident affects the machinery or equipment not on the list of machinery or equipment subject to strict requirements that are used in construction activities and does not cause serious injury or death, the investor shall undertake the investigation and handling of this machinery or equipment incident.
Article 51. Formulation of machinery or equipment incident handling documents
Investors shall be responsible for preparing machinery or equipment incident documents, including the following documents:
1. Incident scene investigation report containing the following information: name and location of the construction item or construction work affected by the machinery or equipment incident; technical specifications, record of the affected machine, equipment; current status of the construction item, construction work where the incident occurs, preliminary description and developments of the incident; preliminary review of human and property losses; incident causes;
2. Design and construction documents related to the machinery or equipment incident;
3. Incident investigation documentation; documents on penalties imposed upon relevant organizations or individuals; remedies or corrective actions;
4. Documents related to the process for handling the incident.
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1. Ministry of Construction:
a) Take responsibility to the Government for exercise of the uniform state authority over activities governed by this Decree;
b) Promulgate, provide guidance and inspect the implementation of legal documents according to its competence in construction quality management, safety during the construction period, and instruct the implementation of this Decree;
c) Exercise the state management of the activities within the scope of regulations of this Decree for specialized construction works under its jurisdiction; conduct the examination and inspection of the compliance with regulations in this Decree by ministries, sectorial administrations, local authorities, and entities involved in the construction, management, operation and use of construction works; inspect the quality of construction works and safety during the construction period when necessary;
d) Request and urge ministries in charge of specialized construction works and provincial-level People's Committees to inspect the compliance with this Decree according to their competence;
dd) Provide guidance on the determination of the construction maintenance costs; announce construction maintenance norms minus maintenance norms for specialized construction works.
2. Other Ministries in charge of specialized construction works:
a) Perform the state management of the activities within the scope of regulation of this Decree for specialized works; provide guidance on the implementation of legal documents on construction quality management and construction safety applicable to specialized construction works;
b) Conduct the periodic inspection according to the plan, irregular inspection of construction quality and safety management of entities involved in construction activities; inspect the quality of specialized construction works under its management when necessary or at the request of the Ministry of Construction;
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d) Send the Ministry of Construction the general report on the current status of quality, construction quality control and safety management in construction activities under the jurisdiction of ministries and sectorial administrations before December 15 every year and the ad hoc report upon request.
3. Ministries in charge of specialized construction works are responsible for directing and inspecting the affiliated specialized agencies in organization of the pre-commissioning testing of specialized works under their management, including:
a) The Ministry of Construction is responsible for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction products of investment projects on construction of technical infrastructure works, investment projects of construction of roads in cities (excluding national highways running through cities);
b) The Ministry of Transport is responsible for construction works belonging to traffic construction investment projects under the management of the Ministry of Construction according to regulations of Point a of this Clause;
c) The Ministry of Agriculture and Rural Development is responsible for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;
d) The Ministry of Industry and Trade is responsible for investment projects for industrial construction works under the management of the Ministry of Construction according to regulations of Point a of this Clause;
dd) The Ministry of National Defense and the Ministry of Public Security are responsible for construction works belonging to investment projects for national defense and security construction works.
4. People's Committees of provinces and central-affiliated cities shall be responsible for the state management of the activities under the governing scope of this Decree in their administrative areas under their delegated authority; directing and examining the specialized affiliates’ inspection of the pre-commissioning test of construction works belonging to specialized work construction investment projects within their remit. To be specific:
a) Departments of Construction shall be responsible for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction investment projects on construction of technical infrastructure works, investment projects for construction of roads in cities (excluding national highways running through cities); other investment projects for multiple-purpose construction works;
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c) Departments of Agriculture and Rural Development shall be responsible for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;
d) Departments of Industry and Trade shall be responsible for construction works belonging to investment projects for industrial construction works, except for those prescribed in point a of this Clause;
dd) Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall be responsible for investment projects within their areas under their delegated authority;
e) As for provinces and central-affiliated cities where Departments of Transport – Construction are located, these Departments shall perform the tasks prescribed at Points a and b of this Clause.
5. According to specific conditions of each province, provincial-level People's Committees shall delegate authority to district-level People's Committees to exercise the state management activities under the authority of the provincial-level People's Committees as per this Decree; delegate authority to the assigned construction authorities affiliated to the district-level People's Committees to inspect the pre-commissioning test of construction works within these districts, and have the right to adjust the delegation of authority to inspect the pre-commissioning tests specified at Point e, Clause 4 of this Article.
6. District-level People's Committees shall be responsible for the state management of the activities under the governing scope of this Decree within their districts under their delegated authority; directing and examining the inspection of the pre-commissioning test of construction works under the delegated authority of their affiliated construction administration units.
7. Ministries in charge of specialized construction works, provincial People's Committees shall be responsible for sending periodic and annual reports on the management of the quality of construction works and safety prepared according to instructions of the Minister of Construction to the Ministry of Construction to serve its synthesis and monitoring purposes.
Article 53. Transition provisions [14]
1. Types and grades of the construction works belonging to investment projects approved before the effective date of this Degree shall be determined according to laws in force at the time of issuance of investment decisions.
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3.[15] Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under regulations of this Decree shall comply with regulations of this Decree, except for the case specified in Clause 3a of this Article.
3a. [16] In case of works that are constructed before the effective date of this Decree, subject to inspection and acceptance according to regulations in Decree No. 46/2015/ND-CP , this Decree and authority to inspect pre-commissioning tests belonging to a construction authority under the provincial People's Committee or the district People's Committee according to decentralization, determined according to regulations in Decree No. 46/2015/ND-CP, the authority to inspect pre-commissioning tests shall comply with regulations of Decree No. 46/2015/ND-CP .”.
4. Continuing to implement the regulations on the classification of construction works in accordance with the legislative regulations existing before the effective date of this Decree until the regulations on the classification of construction works under the guidance of the Law No. 62/2020/QH14 and this Decree are issued and take effect.
Article 54. Implementation [17]
1. This Decree comes into force from the signature date and replaces the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction works.
2. Ministers, Heads of ministerial agencies, Heads of Governmental bodies, Presidents of provincial People’s Committees, Heads of socio-political organizations, socio-professional organizations, other relevant organizations and individuals shall be responsible for implementing this Decree.
3. The Ministry of Construction shall take charge of and cooperate with relevant ministries and sectorial administrations in providing instructions for implementation of this Decree./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Tuong Van
[1] Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in field of state management of the Ministry of Construction (hereinafter referred to as “Decree No. 35/2023/ND-CP”), which comes into force from June 20, 2023, is promulgated pursuant to:
“Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;
Pursuant to the Civil Code dated November 24, 2015;
Pursuant to the Law on Urban Planning dated June 17, 2009;
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Pursuant to the Construction Law dated June 18, 2014; the Law on amendments to some Articles of the Construction Law dated June 28, 2020;
Pursuant to the Law on Housing dated November 25, 2014;
Pursuant to the Law on Architecture dated June 13, 2019;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;
Pursuant to the Law on amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;
Pursuant to the Law on amendments to certain Articles of the Law on Public Investment, the Law Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;
At the request of the Minister of Construction;”
[2] This Clause is amended in Clause 1 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
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[4] This Clause is amended in Clause 2 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[5] This Point is amended in Clause 3 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[6] This Clause is amended in Clause 4 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[7] This Point is amended in Point a Clause 5 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[8] This Point is added to Point b Clause 5 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[9] This Point is added to Point b Clause 5 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[10] This Point is amended in Point a Clause 6 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[11] This Point is added to Point a Clause 6 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[12] This Point is amended in Point b Clause 6 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
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[14] Transitional provisions on amendments to Decree No. 06/2021/ND-CP according to Clause 7 Article 16 of Decree No. 35/2023/ND-CP:
a) Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under regulations of this Decree shall comply with regulations of this Decree, except for the case specified in point b of this Clause;
b) If construction works have commenced within the period from the effective date of Decree No. 06/2021/ND-CP to before the effective date of this Decree, and are subject to the inspection of the pre-commissioning tests according to regulations in both Decree No. 06/2021/ND-CP and this Decree, and the construction authority under the People's Committee of province or the People's Committee of district as delegated has authority to inspect the pre-commissioning tests, the authority to inspect the pre-commissioning tests shall comply with regulations in Decree No. 06/2021/ND-CP.
[15] This Clause is amended in Clause 8 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[16] This Clause is added to Clause 8 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[17]. Implementation of Decree No. 35/2023/ND-CP dated June 20, 2023
1. This Decree comes into force from the date on which it is signed.
2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Decree./.
[18] This Appendix is replaced according to Clause 9 Article 11 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
File gốc của Integrated document No. 05/VBHN-BXD dated July 12, 2023 Decree on elaboration of implementation of several regulations on quality management, construction and maintenance of construction works đang được cập nhật.
Integrated document No. 05/VBHN-BXD dated July 12, 2023 Decree on elaboration of implementation of several regulations on quality management, construction and maintenance of construction works
Tóm tắt
| Cơ quan ban hành | Bộ Xây dựng |
| Số hiệu | 05/VBHN-BXD |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Nguyễn Tường Văn |
| Ngày ban hành | 2023-07-12 |
| Ngày hiệu lực | 2023-07-12 |
| Lĩnh vực | Xây dựng - Đô thị |
| Tình trạng | Còn hiệu lực |