Circular 16 2008 Tt Bxd
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MINISTRY OF CONSTRUCTION
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 16-2008-TT-BXD Hanoi, 11 September 2008
CIRCULAR PROVIDING GUIDELINES ON INSPECTION AND CERTIFICATION OF SATISFACTION OF CONDITIONS ON SAFE WEIGHT-BEARING CAPACITY AND QUALITY CONFORMITY OF CONSTRUCTION WORKS Pursuant to Decree 17-2008-ND-CP of the Government dated 4 February 2008 on functions, duties, powers and organizational structure of the Ministry of Construction; Pursuant to Decree 209-2004-ND-CP of the Government dated 16 December 2004 on quality control of construction works ["Decree 209"]; Pursuant to Decree 49-2008-ND-CP of the Government dated 18 April 2008 amending Decree 209 ["Decree 49"]; The Ministry of Construction hereby provides the following guidelines on inspection and certification of satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works:
Section I General Provisions 1.
Applicable entities and governing scope This Circular provides guidelines on inspection and certification of satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works as stipulated in article 1.8 of Decree 49. This Circular applies to organizations and individuals related to activities of certifying satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works within the territory of Vietnam.
2.
Interpretation of terms In this Circular, the following terms shall be construed as follows: (a)
Certification of satisfaction of conditions on safe weight-bearing capacity means inspecting and certifying that the surveying work, design work and execution of building work complies with the provisions of law on quality control [and] satisfies the requirements to ensure safe weightbearing capacity of the construction works or items of works prior to their being commissioned for use.
(b)
Certification of quality conformity of construction works means assessing and certifying that construction works, items of works or section of works were designed and built in conformity with the technical standards, criteria and requirements applicable to such works. © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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3.
Construction works for which it is compulsory that there be certification of satisfaction of conditions on safe weight-bearing capacity prior to the works being commissioned for use. It shall be compulsory to have certification of satisfaction of conditions on safe weight-bearing capacity of construction works or items of works where any breakdown in their weight-bearing capacity could be disastrous for people, property and the environment as follows:
4.
(a)
Public buildings of Grade III or higher where crowds of people congregate such as opera houses, theatres and cinemas, dance halls, stations, meeting rooms and conference halls, sports competition venues and stadiums, commercial centres, supermarkets, libraries, museums and other public buildings on a similar scale and with similar functions. Also included shall be hospitals, kindergartens, primary and other schools of two or more storeys and with a total floor area of 300m² or more.
(b)
Apartment buildings; hotels; working offices; and telecommunications, radio and television wave reception and transmission towers of Grade II or higher.
(c)
Storage facilities [depots] for petrol, oil, liquefied gas or chemicals of Grade II or higher.
(d)
Dams and dykes, bridges and underground traffic works [tunnels] of Grade II or higher; and overhead railways and cable car systems for passenger transport, irrespective of the Grade.
Construction works for which there must be certification of quality conformity Construction works or items of works, irrespective of their type and Grade, must have certification of quality conformity if there is a request from the local State administrative body for construction or from the investor or owner on the basis of a requirement from the insurer of the works or the entity purchasing, managing or using the works (hereinafter all referred to as the applicant). Certification may be provided for both new construction works and for construction works already commissioned for use.
Section II Certification of Satisfaction of Conditions on Safe Weight-Bearing Capacity 1.
Selection of an organization to provide certification of satisfaction of conditions on safe weight-bearing capacity. The investor of the construction works prescribed in clause 3 of Section I above shall select an organization to conduct the inspection and certification of satisfaction of conditions on safe weightbearing capacity (hereinafter referred to as the inspection organization). A selected inspection organization must be a consultancy organization with the function of professional practice in one of the sectors of construction design, supervision of execution of building work, or verification of construction quality appropriate for the type of works to be certified, and must satisfy the following requirements: (a)
Requirements on capability: -
The inspection organization must have a sufficient number of engineers and technicians as stipulated by the regulations on the particular specialized industry or branch and as
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appropriate for the matters to be inspected as stipulated in clause 2 of this Section and appropriate for the scale of the construction works to be certified.
(b)
-
The individual presiding over [in charge of] the inspection and certification must be capable of presiding over structural design of works of the same type and Grade as the works to be certified.
-
The inspection organization must not have committed a breach in the construction sector within the three most recent years.
Requirements on independence and objectivity during the certification process: -
The inspection organization must not have participated in the survey, design, execution of building work, supply of materials and equipment, project management or supervision of execution of building work of the construction works or items of works to be certified.
-
The inspection organization must be organizationally and financially independent in that it does not have any organizational subsidiary relationship with the investor or with contractors who conducted the survey, design, execution of building work, consultant supervisor of execution of building work or consultant project manager of the construction works or items of works to be certified, or vice versa. The inspection organization must not have more than 50% shareholding or capital contribution ratio in the investor or vice versa, and must not have more than 30% shareholding or capital contribution ratio in the survey contractor, design contractor, execution of building work contractor, consultant supervisor of execution of building work or consultant project manager, or vice versa.
An investor who is unable to select an inspection organization which satisfies the abovementioned conditions must report to the local State administrative body for construction for the latter to introduce an inspection organization to undertake the certification work. 2.
Sequence and contents of inspection of satisfaction of conditions on safe weight-bearing capacity The inspection organization shall formulate a plan for inspecting the surveying work, design work and execution of building work and submit the plan to the investor for approval. The inspection in order to provide certification may be conducted as from the date of commencement of the actual execution of building of the works or items of works to be certified, and should concentrate on those sections of the works and of the weight-bearing structure which, if impaired, could cause a disaster. (a)
Inspection of the surveying work and of the design work: -
Check of compliance with the provisions of law on capability of the entities which conducted the surveying work, design work and evaluation of the design, and of the application of technical standards and criteria.
-
Check of the sequence and procedures when check and acceptance was carried out of the report on results of construction survey; and of the sequence when the evaluation, approval, and check and acceptance of the construction works' design file was carried out.
-
Check of the report on results of construction survey, and of the technical designs (in a case where the design was carried out in three steps) or of the design drawings for © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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execution of the building work (in a case where the design was carried out in one or two steps); and an assessment of the level of compliance of this data with the requirements stipulated in the technical standards and criteria used, in order to ensure the safe weight-bearing capacity of the construction works. If during the course of the inspection there are any doubts about the survey results or the results of calculations and measurements for the weight-bearing structure, then the inspection organization may suggest that the investor and the survey or design contractor clarify matters. In necessary cases, the inspection organization may suggest that the investor arrange a reexamination of the construction survey results and re-check the weight-bearing capacity of the structure. (b)
Inspection of conduct of the execution of building work: -
Check of compliance with the provisions of law on the capacity and system for quality control of the building contractor and of the consultant project manager and supervisor of execution of building work. Check of the capacity of laboratories and capability of the relevant verification organizations.
-
Check of compliance with the provisions of law regarding the work of supervision and check and acceptance of construction quality.
-
Check of the quality of the execution of building work via quality control data of the construction works or items of works to be certified; and an assessment of the level at which such data satisfies the technical requirements aimed at ensuring safe weightbearing capacity of the construction works.
-
Check of the data with calculations and measurements, and of the external appearance of the structure relevant to weight-bearing capacity of the construction works.
If during the inspection process the inspection organization detects any factors which could influence the weight-bearing structure of the works, it shall request the investor and contractors to explain and clarify matters. In necessary cases the inspecting organization may suggest that the investor organize re-verification of quality or conduct its own re-testing, observation and measurements. (c)
3.
The inspecting organization must, after each round of inspection, provide prompt written notice of the results of the inspection to the investor and related parties.
Issuance of certificate of satisfaction of conditions on safe weight-bearing capacity ["certificate"] (a)
Within a time-limit of fifteen (15) days from the date on which the investor collates and assembles all the files and data on completion of the construction works or items of works which are to be certified, the inspecting organization shall issue a certificate on the standard form in the Appendix to this Circular if the results of the inspection satisfy all the following conditions: -
The surveying work, design work and execution of building work comply with the provisions of law on quality control [and] satisfy the requirements for ensuring safe weight-bearing capacity of the construction works.
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-
The data from observation and measurements and the external appearance of the structure reflect the normal condition of a weight-bearing structure.
-
The results of any re-examination or reinvestigation ensure that the structure is of adequate weight-bearing capacity.
The investor shall send one copy of the certificate, together with the report on results of the inspection, and together with the minutes of check and acceptance on completion of the certified works or items or works to the local State administrative body for construction, for the latter to check and administer. The certificate shall be the basis on which the investor shall commission the construction works for use. (b)
If the conditions for issuing a certificate have not been satisfied, the inspecting organization shall provide written notice to the investor of such decision, specifying the reasons for it. The investor shall in turn notify the local State administrative body for construction, for the latter to inspect and deal with the matter.
Section III Certification of Quality Conformity of Construction Works 1.
Requirement to certify quality conformity of construction works (a)
The local State administrative body for construction may, on the basis of the public welfare and interest, require an investor to provide certification of quality conformity of construction works. Insurers of construction works and any entity purchasing, managing or using construction works may, on the basis of their own welfare and interests, require the investor or the owner (in the case of works which have already been commissioned for use) to obtain certification of quality conformity of the works.
2.
(b)
The applicant shall specify the scope and contents for which quality conformity is to be certified, and if the applicant is the local State administrative body for construction, these specified items must compulsorily be complied with. If the applicant is some other entity, then the applicant shall reach agreement with the investor or owner on the scope and items for which certification of quality conformity is to be provided.
(c)
The scope of certification may be quality conformity of the design, or of the execution of the building work or of the construction works, items of works or section of works as compared to the technical standards and criteria and technical requirements applicable to the construction works. The items certified may be one, a number or all of the criteria on safe weight-bearing capacity and safe operation of the works; quality of the finish, or electrical and mechanical [items] and so forth.
Selection of an organization to provide certification of quality conformity The applicant shall reach agreement with the investor or owner on selecting and signing a contract with an organization to conduct the inspection in order to certify quality conformity (hereinafter referred to as the certifying organization). If the applicant is the local State administrative body for construction, then the investor shall select a certifying organization and sign a contract with it.
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The selected certifying organization shall be a consultancy organization with the function of professional practice in one of the sectors of construction design, supervision of execution of building work, verification of construction quality or certification of satisfactory quality of construction works, and must satisfy the following requirements: (a)
(b)
3.
Requirements on capability: -
The certifying organization must satisfy the conditions on capability stipulated by law as applicable to the type and Grade of the construction works to be certified and the matters to be certified.
-
The certifying organization must not have committed a breach in the construction sector within the three most recent years.
Requirements on independence and objectivity during the quality certification process: -
The certifying organization must not have participated in the survey, design, execution of building work, supply of materials and equipment, project management or supervision of execution of building of the construction works, items of works or section of works to be certified.
-
The certifying organization must be organizationally and financially independent in that it does not have any organizational subsidiary relationship with the investor or with contractors who conducted the survey, design, execution of building work, consultant supervisor of execution of building work or consultant project manager of the construction works, items of works or section of works to be certified; and the certifying organization must not have more than 50% shareholding or capital contribution ratio in the investor or vice versa, and must not have more than 30% shareholding or capital contribution ratio in the survey contractor, design contractor, execution of building work contractor, consultant supervisor of execution of building work or consultant project manager, or vice versa.
Sequence and contents of inspection in order to certify quality conformity of new construction works The certifying organization shall formulate a plan for inspecting and assessing quality, appropriate for the scope and contents of the certificate, and submit the plan to the investor for approval. The scope of the inspection should concentrate on the construction works, items of works or section of works to be certified; and the contents of the inspection must be the same contents as those which are to be certified. The inspection may be conducted as from the date of commencement of the actual execution of building of the works, items of works or section of works to be certified. (a)
Inspection of quality of the design work: -
Check of compliance with the provisions of law on capability of the entities which conducted the surveying work, design work and evaluation of the design; and of compliance with the sequence and procedures when the check and acceptance was carried out of the report on results of construction survey; and of evaluation, approval and check and acceptance of the construction works' design file.
-
Check and assessment of whether the report on results of construction survey comply with the standards for survey and the surveying tasks.
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-
Check and assessment of whether the technical designs (in a case where the design was carried out in three steps) or the design drawings for execution of the building work (in a case where the design was carried out in one or two steps) comply with the design tasks and with the technical standards and criteria applicable to the construction works.
If during the course of the inspection there are any doubts about the survey results or the quality of the survey, then the certifying organization may suggest that the investor and the contractors involved clarify matters. In necessary cases, the certifying organization may conduct a re-examination of the construction survey results and re-check the design of the works, items of works or section of works to be certified. (b)
Inspection of the quality of the execution of building work: -
Check of compliance with the provisions of law on the capacity and system for quality control of the building contractor and of the consultant project manager and supervisor of execution of building work. Check of the capacity of laboratories and capability of the relevant verification organizations; and a check of compliance with law during supervision of execution of building work and check and acceptance.
-
Random check of quality of construction materials, equipment and components used during execution of building work via a check of the origin of the goods, their quality certificates and a check of the results of any relevant quality experiments or tests.
-
Random check of quality of execution of building work.
-
An eyewitness attendance at trial operation of the building works, items of works or section of works to be certified. Check of whether the file on check and acceptance complies with the design requirements.
If during the inspection process the certifying organization detects any factors which fail to satisfy the quality standards, it may request the investor and contractors to explain and clarify matters. In necessary cases the certifying organization may conduct re-verification and its own re-testing, observation and measurements.
4.
(c)
Check of quality conformity of the construction works, items of works or section of works to be conducted by implementing both sets of items stipulated in sub-clauses (a) and (b) above.
(d)
The certifying organization must, after each round of inspection, provide prompt written notice of the results of the inspection to the investor and related parties.
Sequence and contents of inspection in order to certify quality conformity of works already commissioned for use The certifying organization shall formulate a plan for inspecting and assessing quality conformity and submit it to the investor or owner for approval. The scope of the inspection should concentrate on the construction works, items of works or section of works to be certified; and the contents of the inspection must be the same contents as those on which agreement has been reached [for certification]. The contents of an inspection may include an inspection of the quality of design [and/or] of the quality of execution of building work via the file and data on completion of the works. In necessary cases, the certifying organization may undertake verification and assessment of the quality of the works by conducting its own tests, observation and measurements.
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5.
Issuance of certificate of quality conformity of works ["certificate"] (a)
The certifying organization shall issue a certificate on quality conformity of the construction works, items of works, or section of works which, at the end of the inspection, are found to satisfy the design requirements, technical criteria and technical standards applicable to such works. The certificate of quality conformity shall contain the following particulars: -
Name of the certifying organization.
-
Bases and grounds for conducting the quality certification.
-
Name of the construction works, items of works or section of works for which quality conformity is certified.
-
Scope and contents of the certification.
-
Conclusions regarding quality conformity.
-
Signature and seal of the legal representative of the certifying organization.
If the applicant for the certificate was the local State administrative body for construction, then the investor shall send one copy of the certificate, together with the report on results of the quality inspection, to such local State administrative body for the latter to check and administer. The certificate shall be the basis on which the investor shall commence to operate and exploit the construction works. If the applicant for the certificate was some other entity, then the investor or owner shall send one copy of the certificate to such applicant in order to perform the subsequent agreements. (b)
If the conditions for issuing a certificate have not been satisfied, the certifying organization shall provide written notice to the investor or owner and applicant of such decision, specifying the reasons for it.
Section IV Fees for Certification on Safe Weight-Bearing Capacity, and for Certification of Quality Conformity of Construction Works 1.
Fees for certification of safe weight-bearing capacity The investor shall pay the fees of the inspection organization for certification of safe weight-bearing capacity, except for expenses of investment and construction consultancy within the total investment and construction budget of the construction works. Fees shall be fixed by preparing an estimated budget in accordance with Decree 99-2007-ND-CP of the Government dated 13 June 2006 on management of expenses of investment and construction of works (hereinafter abbreviated to Decree 99) and other relevant regulations.
2.
Fees for certification of quality conformity of construction works (a)
Where the request for certification was from the local State administrative body for construction, the investor shall pay these fees and take them from the expenses of investment and construction consultancy within the total investment and construction budget of the © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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construction works. Fees shall be fixed by preparing an estimated budget in accordance with Decree 99 and other relevant regulations. (b)
If the applicant for the certificate of quality conformity was some other entity, then these fees shall be paid as agreed between the applicant with the investor or owner. There fees may be fixed by preparing an estimated budget in accordance with Decree 99 and other relevant regulations. Section V
Rights and Obligations of Entities during Certification of Safe Weight-Bearing Capacity, and Certification of Quality Conformity of Construction Works 1.
Rights and obligations of investors and owners (a)
(b)
2.
Investors and owners shall have the following rights: -
To lodge complaints about the results of inspections and certification; to hire other consultants with the appropriate capability to verify or re-investigate the matters the subject of the complaint.
-
Other rights as stipulated in the contract with the inspection or certifying organization.
Investors and owners shall have the following obligations: -
To obtain a certificate of safe-weight bearing capacity if the construction works or items of works are within the applicable objects of this Circular; to obtain a certificate of quality conformity on request from the local State administrative body for construction.
-
To provide relevant files, data and certificates to the inspection or certifying organization.
-
To pay fees for certification to the inspection or certifying organization in accordance with the signed contract, including when a certificate is not issued due to the quality of the construction works not satisfying the requirements.
-
To pay compensation for loss and damage to relevant parties in accordance with law and the agreements in the contract.
-
Other obligations as stipulated in the contract signed with relevant parties.
Rights and obligations of inspection and certifying organizations (a)
Inspection and certifying organizations shall have the following rights: -
To require the investor and contractors to supply data necessary for the inspection and certification.
-
To refuse to issue certification of safe weight-bearing capacity if the results of the inspection do not satisfy the conditions stipulated in clause 3 of Section II of this Circular, and to refuse to supply certification of quality conformity if the works do not comply with the technical standards and criteria and [other] technical requirements.
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-
(b)
Other rights as stipulated in the contract signed with the investor and as stipulated by law.
Inspection and certifying organizations shall have the following obligations. -
To ensure they act honestly and objectively during the process of inspection and certification.
-
To be liable to the investor or owner, related parties and the law for the results of their inspection and certification.
-
To pay compensation for loss and damage to relevant parties in accordance with law and the agreements in the contract if certification is incorrect in terms of the true quality of the construction works.
Section VI Organization of Implementation 1.
The Ministry of Construction shall be responsible (a)
To exercise uniform State administration of activities of certifying satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works.
(b)
To guide and inspect implementation of this Circular on a nationwide basis.
(c)
To collate and publish information about the capability of inspection and certifying organizations on the website of the Ministry of Construction in accordance with Decision 022008-QD-BXD of the Minister of Construction dated 20 February 2008 issuing Regulations on management of information about capability of organizations operating in the construction sector. The State Division for evaluation of quality of construction works under the Ministry of Construction shall be the focal body for assisting the Ministry to undertake the abovementioned work.
2.
Provincial people's committees shall be responsible (a)
To guide and inspect provision of certification within the administrative boundaries of the areas which they manage.
(b)
To receive and manage certificates sent to them by investors, and to supply information on the capability of inspection and certifying organizations in order for the Ministry of Construction to collate and publish such information.
(c)
To collate the status of implementation of this Circular on an annual basis and report thereon to the Ministry of Construction. The Department of Construction shall be the focal body assisting the provincial people's committee to undertake the above-mentioned work.
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3.
In the case of construction works for which certification of quality has been and was currently being provided, before the date on which this Circular takes effect, pursuant to Circular 11-2005-TT-BXD of the Ministry of Construction dated 14 July 2005 providing guidelines on inspection and certification of quality of construction works (hereinafter referred to as Circular 11), then [certification] shall continue to be implemented in accordance with Circular 11.
4.
Certification on safe weight-bearing capacity shall not be required for construction works for which the State Check and Acceptance Council has organized an inspection or check and acceptance at the request of the Prime Minister of the Government.
5.
Certification on safe weight-bearing capacity shall not be required for construction works or items of works for which there has already been a certificate of quality conformity of the works which contains contents certifying safe-weight bearing capacity which satisfy the conditions stipulated in Section II of this Circular.
6.
Ministries, ministerial equivalent bodies, Government bodies, provincial people's committees and other relevant entities shall be responsible to implement this Circular. If any problems arise during implementation, they should be reported to the Ministry of Construction for resolution.
7.
This Circular shall replace Circular 11, and shall be of full force and effect after fifteen (15) days from the date of its publication in the Official Gazette.
For the Minister of Construction Deputy Minister NGUYEN VAN LIEU
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 16-2008-TT-BXD Hanoi, 11 September 2008
CIRCULAR PROVIDING GUIDELINES ON INSPECTION AND CERTIFICATION OF SATISFACTION OF CONDITIONS ON SAFE WEIGHT-BEARING CAPACITY AND QUALITY CONFORMITY OF CONSTRUCTION WORKS Pursuant to Decree 17-2008-ND-CP of the Government dated 4 February 2008 on functions, duties, powers and organizational structure of the Ministry of Construction; Pursuant to Decree 209-2004-ND-CP of the Government dated 16 December 2004 on quality control of construction works ["Decree 209"]; Pursuant to Decree 49-2008-ND-CP of the Government dated 18 April 2008 amending Decree 209 ["Decree 49"]; The Ministry of Construction hereby provides the following guidelines on inspection and certification of satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works:
Section I General Provisions 1.
Applicable entities and governing scope This Circular provides guidelines on inspection and certification of satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works as stipulated in article 1.8 of Decree 49. This Circular applies to organizations and individuals related to activities of certifying satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works within the territory of Vietnam.
2.
Interpretation of terms In this Circular, the following terms shall be construed as follows: (a)
Certification of satisfaction of conditions on safe weight-bearing capacity means inspecting and certifying that the surveying work, design work and execution of building work complies with the provisions of law on quality control [and] satisfies the requirements to ensure safe weightbearing capacity of the construction works or items of works prior to their being commissioned for use.
(b)
Certification of quality conformity of construction works means assessing and certifying that construction works, items of works or section of works were designed and built in conformity with the technical standards, criteria and requirements applicable to such works. © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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3.
Construction works for which it is compulsory that there be certification of satisfaction of conditions on safe weight-bearing capacity prior to the works being commissioned for use. It shall be compulsory to have certification of satisfaction of conditions on safe weight-bearing capacity of construction works or items of works where any breakdown in their weight-bearing capacity could be disastrous for people, property and the environment as follows:
4.
(a)
Public buildings of Grade III or higher where crowds of people congregate such as opera houses, theatres and cinemas, dance halls, stations, meeting rooms and conference halls, sports competition venues and stadiums, commercial centres, supermarkets, libraries, museums and other public buildings on a similar scale and with similar functions. Also included shall be hospitals, kindergartens, primary and other schools of two or more storeys and with a total floor area of 300m² or more.
(b)
Apartment buildings; hotels; working offices; and telecommunications, radio and television wave reception and transmission towers of Grade II or higher.
(c)
Storage facilities [depots] for petrol, oil, liquefied gas or chemicals of Grade II or higher.
(d)
Dams and dykes, bridges and underground traffic works [tunnels] of Grade II or higher; and overhead railways and cable car systems for passenger transport, irrespective of the Grade.
Construction works for which there must be certification of quality conformity Construction works or items of works, irrespective of their type and Grade, must have certification of quality conformity if there is a request from the local State administrative body for construction or from the investor or owner on the basis of a requirement from the insurer of the works or the entity purchasing, managing or using the works (hereinafter all referred to as the applicant). Certification may be provided for both new construction works and for construction works already commissioned for use.
Section II Certification of Satisfaction of Conditions on Safe Weight-Bearing Capacity 1.
Selection of an organization to provide certification of satisfaction of conditions on safe weight-bearing capacity. The investor of the construction works prescribed in clause 3 of Section I above shall select an organization to conduct the inspection and certification of satisfaction of conditions on safe weightbearing capacity (hereinafter referred to as the inspection organization). A selected inspection organization must be a consultancy organization with the function of professional practice in one of the sectors of construction design, supervision of execution of building work, or verification of construction quality appropriate for the type of works to be certified, and must satisfy the following requirements: (a)
Requirements on capability: -
The inspection organization must have a sufficient number of engineers and technicians as stipulated by the regulations on the particular specialized industry or branch and as
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appropriate for the matters to be inspected as stipulated in clause 2 of this Section and appropriate for the scale of the construction works to be certified.
(b)
-
The individual presiding over [in charge of] the inspection and certification must be capable of presiding over structural design of works of the same type and Grade as the works to be certified.
-
The inspection organization must not have committed a breach in the construction sector within the three most recent years.
Requirements on independence and objectivity during the certification process: -
The inspection organization must not have participated in the survey, design, execution of building work, supply of materials and equipment, project management or supervision of execution of building work of the construction works or items of works to be certified.
-
The inspection organization must be organizationally and financially independent in that it does not have any organizational subsidiary relationship with the investor or with contractors who conducted the survey, design, execution of building work, consultant supervisor of execution of building work or consultant project manager of the construction works or items of works to be certified, or vice versa. The inspection organization must not have more than 50% shareholding or capital contribution ratio in the investor or vice versa, and must not have more than 30% shareholding or capital contribution ratio in the survey contractor, design contractor, execution of building work contractor, consultant supervisor of execution of building work or consultant project manager, or vice versa.
An investor who is unable to select an inspection organization which satisfies the abovementioned conditions must report to the local State administrative body for construction for the latter to introduce an inspection organization to undertake the certification work. 2.
Sequence and contents of inspection of satisfaction of conditions on safe weight-bearing capacity The inspection organization shall formulate a plan for inspecting the surveying work, design work and execution of building work and submit the plan to the investor for approval. The inspection in order to provide certification may be conducted as from the date of commencement of the actual execution of building of the works or items of works to be certified, and should concentrate on those sections of the works and of the weight-bearing structure which, if impaired, could cause a disaster. (a)
Inspection of the surveying work and of the design work: -
Check of compliance with the provisions of law on capability of the entities which conducted the surveying work, design work and evaluation of the design, and of the application of technical standards and criteria.
-
Check of the sequence and procedures when check and acceptance was carried out of the report on results of construction survey; and of the sequence when the evaluation, approval, and check and acceptance of the construction works' design file was carried out.
-
Check of the report on results of construction survey, and of the technical designs (in a case where the design was carried out in three steps) or of the design drawings for © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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execution of the building work (in a case where the design was carried out in one or two steps); and an assessment of the level of compliance of this data with the requirements stipulated in the technical standards and criteria used, in order to ensure the safe weight-bearing capacity of the construction works. If during the course of the inspection there are any doubts about the survey results or the results of calculations and measurements for the weight-bearing structure, then the inspection organization may suggest that the investor and the survey or design contractor clarify matters. In necessary cases, the inspection organization may suggest that the investor arrange a reexamination of the construction survey results and re-check the weight-bearing capacity of the structure. (b)
Inspection of conduct of the execution of building work: -
Check of compliance with the provisions of law on the capacity and system for quality control of the building contractor and of the consultant project manager and supervisor of execution of building work. Check of the capacity of laboratories and capability of the relevant verification organizations.
-
Check of compliance with the provisions of law regarding the work of supervision and check and acceptance of construction quality.
-
Check of the quality of the execution of building work via quality control data of the construction works or items of works to be certified; and an assessment of the level at which such data satisfies the technical requirements aimed at ensuring safe weightbearing capacity of the construction works.
-
Check of the data with calculations and measurements, and of the external appearance of the structure relevant to weight-bearing capacity of the construction works.
If during the inspection process the inspection organization detects any factors which could influence the weight-bearing structure of the works, it shall request the investor and contractors to explain and clarify matters. In necessary cases the inspecting organization may suggest that the investor organize re-verification of quality or conduct its own re-testing, observation and measurements. (c)
3.
The inspecting organization must, after each round of inspection, provide prompt written notice of the results of the inspection to the investor and related parties.
Issuance of certificate of satisfaction of conditions on safe weight-bearing capacity ["certificate"] (a)
Within a time-limit of fifteen (15) days from the date on which the investor collates and assembles all the files and data on completion of the construction works or items of works which are to be certified, the inspecting organization shall issue a certificate on the standard form in the Appendix to this Circular if the results of the inspection satisfy all the following conditions: -
The surveying work, design work and execution of building work comply with the provisions of law on quality control [and] satisfy the requirements for ensuring safe weight-bearing capacity of the construction works.
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-
The data from observation and measurements and the external appearance of the structure reflect the normal condition of a weight-bearing structure.
-
The results of any re-examination or reinvestigation ensure that the structure is of adequate weight-bearing capacity.
The investor shall send one copy of the certificate, together with the report on results of the inspection, and together with the minutes of check and acceptance on completion of the certified works or items or works to the local State administrative body for construction, for the latter to check and administer. The certificate shall be the basis on which the investor shall commission the construction works for use. (b)
If the conditions for issuing a certificate have not been satisfied, the inspecting organization shall provide written notice to the investor of such decision, specifying the reasons for it. The investor shall in turn notify the local State administrative body for construction, for the latter to inspect and deal with the matter.
Section III Certification of Quality Conformity of Construction Works 1.
Requirement to certify quality conformity of construction works (a)
The local State administrative body for construction may, on the basis of the public welfare and interest, require an investor to provide certification of quality conformity of construction works. Insurers of construction works and any entity purchasing, managing or using construction works may, on the basis of their own welfare and interests, require the investor or the owner (in the case of works which have already been commissioned for use) to obtain certification of quality conformity of the works.
2.
(b)
The applicant shall specify the scope and contents for which quality conformity is to be certified, and if the applicant is the local State administrative body for construction, these specified items must compulsorily be complied with. If the applicant is some other entity, then the applicant shall reach agreement with the investor or owner on the scope and items for which certification of quality conformity is to be provided.
(c)
The scope of certification may be quality conformity of the design, or of the execution of the building work or of the construction works, items of works or section of works as compared to the technical standards and criteria and technical requirements applicable to the construction works. The items certified may be one, a number or all of the criteria on safe weight-bearing capacity and safe operation of the works; quality of the finish, or electrical and mechanical [items] and so forth.
Selection of an organization to provide certification of quality conformity The applicant shall reach agreement with the investor or owner on selecting and signing a contract with an organization to conduct the inspection in order to certify quality conformity (hereinafter referred to as the certifying organization). If the applicant is the local State administrative body for construction, then the investor shall select a certifying organization and sign a contract with it.
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The selected certifying organization shall be a consultancy organization with the function of professional practice in one of the sectors of construction design, supervision of execution of building work, verification of construction quality or certification of satisfactory quality of construction works, and must satisfy the following requirements: (a)
(b)
3.
Requirements on capability: -
The certifying organization must satisfy the conditions on capability stipulated by law as applicable to the type and Grade of the construction works to be certified and the matters to be certified.
-
The certifying organization must not have committed a breach in the construction sector within the three most recent years.
Requirements on independence and objectivity during the quality certification process: -
The certifying organization must not have participated in the survey, design, execution of building work, supply of materials and equipment, project management or supervision of execution of building of the construction works, items of works or section of works to be certified.
-
The certifying organization must be organizationally and financially independent in that it does not have any organizational subsidiary relationship with the investor or with contractors who conducted the survey, design, execution of building work, consultant supervisor of execution of building work or consultant project manager of the construction works, items of works or section of works to be certified; and the certifying organization must not have more than 50% shareholding or capital contribution ratio in the investor or vice versa, and must not have more than 30% shareholding or capital contribution ratio in the survey contractor, design contractor, execution of building work contractor, consultant supervisor of execution of building work or consultant project manager, or vice versa.
Sequence and contents of inspection in order to certify quality conformity of new construction works The certifying organization shall formulate a plan for inspecting and assessing quality, appropriate for the scope and contents of the certificate, and submit the plan to the investor for approval. The scope of the inspection should concentrate on the construction works, items of works or section of works to be certified; and the contents of the inspection must be the same contents as those which are to be certified. The inspection may be conducted as from the date of commencement of the actual execution of building of the works, items of works or section of works to be certified. (a)
Inspection of quality of the design work: -
Check of compliance with the provisions of law on capability of the entities which conducted the surveying work, design work and evaluation of the design; and of compliance with the sequence and procedures when the check and acceptance was carried out of the report on results of construction survey; and of evaluation, approval and check and acceptance of the construction works' design file.
-
Check and assessment of whether the report on results of construction survey comply with the standards for survey and the surveying tasks.
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-
Check and assessment of whether the technical designs (in a case where the design was carried out in three steps) or the design drawings for execution of the building work (in a case where the design was carried out in one or two steps) comply with the design tasks and with the technical standards and criteria applicable to the construction works.
If during the course of the inspection there are any doubts about the survey results or the quality of the survey, then the certifying organization may suggest that the investor and the contractors involved clarify matters. In necessary cases, the certifying organization may conduct a re-examination of the construction survey results and re-check the design of the works, items of works or section of works to be certified. (b)
Inspection of the quality of the execution of building work: -
Check of compliance with the provisions of law on the capacity and system for quality control of the building contractor and of the consultant project manager and supervisor of execution of building work. Check of the capacity of laboratories and capability of the relevant verification organizations; and a check of compliance with law during supervision of execution of building work and check and acceptance.
-
Random check of quality of construction materials, equipment and components used during execution of building work via a check of the origin of the goods, their quality certificates and a check of the results of any relevant quality experiments or tests.
-
Random check of quality of execution of building work.
-
An eyewitness attendance at trial operation of the building works, items of works or section of works to be certified. Check of whether the file on check and acceptance complies with the design requirements.
If during the inspection process the certifying organization detects any factors which fail to satisfy the quality standards, it may request the investor and contractors to explain and clarify matters. In necessary cases the certifying organization may conduct re-verification and its own re-testing, observation and measurements.
4.
(c)
Check of quality conformity of the construction works, items of works or section of works to be conducted by implementing both sets of items stipulated in sub-clauses (a) and (b) above.
(d)
The certifying organization must, after each round of inspection, provide prompt written notice of the results of the inspection to the investor and related parties.
Sequence and contents of inspection in order to certify quality conformity of works already commissioned for use The certifying organization shall formulate a plan for inspecting and assessing quality conformity and submit it to the investor or owner for approval. The scope of the inspection should concentrate on the construction works, items of works or section of works to be certified; and the contents of the inspection must be the same contents as those on which agreement has been reached [for certification]. The contents of an inspection may include an inspection of the quality of design [and/or] of the quality of execution of building work via the file and data on completion of the works. In necessary cases, the certifying organization may undertake verification and assessment of the quality of the works by conducting its own tests, observation and measurements.
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5.
Issuance of certificate of quality conformity of works ["certificate"] (a)
The certifying organization shall issue a certificate on quality conformity of the construction works, items of works, or section of works which, at the end of the inspection, are found to satisfy the design requirements, technical criteria and technical standards applicable to such works. The certificate of quality conformity shall contain the following particulars: -
Name of the certifying organization.
-
Bases and grounds for conducting the quality certification.
-
Name of the construction works, items of works or section of works for which quality conformity is certified.
-
Scope and contents of the certification.
-
Conclusions regarding quality conformity.
-
Signature and seal of the legal representative of the certifying organization.
If the applicant for the certificate was the local State administrative body for construction, then the investor shall send one copy of the certificate, together with the report on results of the quality inspection, to such local State administrative body for the latter to check and administer. The certificate shall be the basis on which the investor shall commence to operate and exploit the construction works. If the applicant for the certificate was some other entity, then the investor or owner shall send one copy of the certificate to such applicant in order to perform the subsequent agreements. (b)
If the conditions for issuing a certificate have not been satisfied, the certifying organization shall provide written notice to the investor or owner and applicant of such decision, specifying the reasons for it.
Section IV Fees for Certification on Safe Weight-Bearing Capacity, and for Certification of Quality Conformity of Construction Works 1.
Fees for certification of safe weight-bearing capacity The investor shall pay the fees of the inspection organization for certification of safe weight-bearing capacity, except for expenses of investment and construction consultancy within the total investment and construction budget of the construction works. Fees shall be fixed by preparing an estimated budget in accordance with Decree 99-2007-ND-CP of the Government dated 13 June 2006 on management of expenses of investment and construction of works (hereinafter abbreviated to Decree 99) and other relevant regulations.
2.
Fees for certification of quality conformity of construction works (a)
Where the request for certification was from the local State administrative body for construction, the investor shall pay these fees and take them from the expenses of investment and construction consultancy within the total investment and construction budget of the © Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com
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construction works. Fees shall be fixed by preparing an estimated budget in accordance with Decree 99 and other relevant regulations. (b)
If the applicant for the certificate of quality conformity was some other entity, then these fees shall be paid as agreed between the applicant with the investor or owner. There fees may be fixed by preparing an estimated budget in accordance with Decree 99 and other relevant regulations. Section V
Rights and Obligations of Entities during Certification of Safe Weight-Bearing Capacity, and Certification of Quality Conformity of Construction Works 1.
Rights and obligations of investors and owners (a)
(b)
2.
Investors and owners shall have the following rights: -
To lodge complaints about the results of inspections and certification; to hire other consultants with the appropriate capability to verify or re-investigate the matters the subject of the complaint.
-
Other rights as stipulated in the contract with the inspection or certifying organization.
Investors and owners shall have the following obligations: -
To obtain a certificate of safe-weight bearing capacity if the construction works or items of works are within the applicable objects of this Circular; to obtain a certificate of quality conformity on request from the local State administrative body for construction.
-
To provide relevant files, data and certificates to the inspection or certifying organization.
-
To pay fees for certification to the inspection or certifying organization in accordance with the signed contract, including when a certificate is not issued due to the quality of the construction works not satisfying the requirements.
-
To pay compensation for loss and damage to relevant parties in accordance with law and the agreements in the contract.
-
Other obligations as stipulated in the contract signed with relevant parties.
Rights and obligations of inspection and certifying organizations (a)
Inspection and certifying organizations shall have the following rights: -
To require the investor and contractors to supply data necessary for the inspection and certification.
-
To refuse to issue certification of safe weight-bearing capacity if the results of the inspection do not satisfy the conditions stipulated in clause 3 of Section II of this Circular, and to refuse to supply certification of quality conformity if the works do not comply with the technical standards and criteria and [other] technical requirements.
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-
(b)
Other rights as stipulated in the contract signed with the investor and as stipulated by law.
Inspection and certifying organizations shall have the following obligations. -
To ensure they act honestly and objectively during the process of inspection and certification.
-
To be liable to the investor or owner, related parties and the law for the results of their inspection and certification.
-
To pay compensation for loss and damage to relevant parties in accordance with law and the agreements in the contract if certification is incorrect in terms of the true quality of the construction works.
Section VI Organization of Implementation 1.
The Ministry of Construction shall be responsible (a)
To exercise uniform State administration of activities of certifying satisfaction of conditions on safe weight-bearing capacity and quality conformity of construction works.
(b)
To guide and inspect implementation of this Circular on a nationwide basis.
(c)
To collate and publish information about the capability of inspection and certifying organizations on the website of the Ministry of Construction in accordance with Decision 022008-QD-BXD of the Minister of Construction dated 20 February 2008 issuing Regulations on management of information about capability of organizations operating in the construction sector. The State Division for evaluation of quality of construction works under the Ministry of Construction shall be the focal body for assisting the Ministry to undertake the abovementioned work.
2.
Provincial people's committees shall be responsible (a)
To guide and inspect provision of certification within the administrative boundaries of the areas which they manage.
(b)
To receive and manage certificates sent to them by investors, and to supply information on the capability of inspection and certifying organizations in order for the Ministry of Construction to collate and publish such information.
(c)
To collate the status of implementation of this Circular on an annual basis and report thereon to the Ministry of Construction. The Department of Construction shall be the focal body assisting the provincial people's committee to undertake the above-mentioned work.
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3.
In the case of construction works for which certification of quality has been and was currently being provided, before the date on which this Circular takes effect, pursuant to Circular 11-2005-TT-BXD of the Ministry of Construction dated 14 July 2005 providing guidelines on inspection and certification of quality of construction works (hereinafter referred to as Circular 11), then [certification] shall continue to be implemented in accordance with Circular 11.
4.
Certification on safe weight-bearing capacity shall not be required for construction works for which the State Check and Acceptance Council has organized an inspection or check and acceptance at the request of the Prime Minister of the Government.
5.
Certification on safe weight-bearing capacity shall not be required for construction works or items of works for which there has already been a certificate of quality conformity of the works which contains contents certifying safe-weight bearing capacity which satisfy the conditions stipulated in Section II of this Circular.
6.
Ministries, ministerial equivalent bodies, Government bodies, provincial people's committees and other relevant entities shall be responsible to implement this Circular. If any problems arise during implementation, they should be reported to the Ministry of Construction for resolution.
7.
This Circular shall replace Circular 11, and shall be of full force and effect after fifteen (15) days from the date of its publication in the Official Gazette.
For the Minister of Construction Deputy Minister NGUYEN VAN LIEU
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