Chương IV Luật Xây dựng 2003: Khảo sát, thiết kế xây dựng

Chapter IV

CONSTRUCTION SURVEY AND DESIGNING

Section 1. CONSTRUCTION SURVEY

Article 46.- Construction surveys

1. Construction surveys include topographic survey, engineering geological survey, hydrogeological survey, survey of actual state of works and other surveying activities in service of construction activities.

2. Construction surveys shall only be conducted according to the already approved surveying tasks.

Article 47.- Requirements on construction survey

Construction surveys must satisfy the following requirements:

1. Surveying tasks must conform with requirements of each type of job or each designing step;

2. The truthfulness, objectivity and fidelity to realities must be ensured;

3. Volume, content and technical requirements of construction surveys must conform with the surveying tasks, construction rules and standards;

4. For engineering geological surveys, apart from the requirements in Clauses 1, 2 and 3 of this Article, the seasonal erosiveness and fluctuation degree of underground water level must also be determined to propose appropriate preventing and combating measures. For large-sized works and important works, observation surveys of environmental impacts thereon in the course of construction and use must also be conducted.

5. Survey results must be appraised and tested before acceptance according to law provisions.

Article 48.- Contents of reports on construction survey results

1. A report on construction survey results has the following principal contents:

a/ Survey bases, process and methods;

b/ Analysis of data, assessment and survey results;

c/ Conclusions on survey results, proposals.

2. The Construction Ministry specifies the contents of construction survey reports.

Article 49.- Conditions on organizations conducting construction surveys

1. Organizations conducting construction surveys must meet the following conditions:

a/ Having registration of construction survey activities;

b/ Having full capability to conduct construction surveys;

c/ Each construction survey task must be performed by a construction survey manager fully capable of practicing construction profession and having valid practice certificate. Construction survey managers shall be designated by the construction survey contractors. Individuals engaged in each construction survey job must have professional qualifications suitable to their assigned tasks;

d/ Machinery and equipment in service of construction surveys must meet the quality requirements, ensure safety for the surveying work and protect the environment.

2. Laboratories in service of construction surveys must satisfy all the prescribed standards and be recognized by the competent State management agency in charge of construction.

Article 50.- Rights and obligations of work construction investors in the construction survey

1. Work construction investors shall have the following rights in the construction survey:

a/ To perform construction surveys by themselves when they fully satisfy the capability conditions therefor;

b/ To negotiate, sign and supervise the performance of contracts;

c/ To adjust surveying tasks at reasonable requests of designers;

d/ To suspend the performance of, or terminate contracts according to law provisions;

dd/ Other rights provided for by law.

2. Work construction investors shall have the following obligations in the construction survey:

a/ To approve the surveying tasks devised by the designers or the survey contractors, and assign them to the survey contractors;

b/ To choose construction survey contractors in cases where they fail to fully satisfy the conditions on capability to conduct construction surveys by themselves;

c/ To supply information and documents related to the construction survey to the construction survey contractors;

d/ To determine the survey scope and ensure conditions for the construction survey contractors to perform the contracts;

dd/ To properly perform the signed contracts;

e/ To organize the pre-acceptance test and archival of survey results;

g/ To make compensations for damage caused by the supply of inappropriate information and documents, wrongful determination of surveying tasks and other acts of violation causing damage due to their fault;

h/ Other obligations provided for by law.

Article 51.- Rights and obligations of construction survey contractors

1. Construction survey contractors have the following rights:

a/ To request the investors to supply data and information related to the surveying tasks;

b/ To reject requests beyond the surveying tasks;

c/ Other rights provided for by law.

2. Construction survey contractors have the following obligations:

a/ To sign contracts only for the performance of surveying jobs suitable to their operation capability, and properly perform the signed contracts;

b/ To properly perform the assigned surveying tasks, ensure quality and take responsibility for survey results;

c/ To propose and add surveying tasks when detecting factors which may directly affect the designing solutions;

d/ To protect the environment in the surveyed zones;

dd/ To purchase insurance for professional liability;

e/ To make compensations for damage caused by improper performance of the surveying tasks, which gives rise to extra volumes due to impractical surveys, improper use of information, documents, construction rules and standards, and other acts of violation causing damage due to their fault;

g/ Other obligations provided for by law.

Section 2. WORK CONSTRUCTION DESIGNS

Article 52.- Requirements on work construction designs

1. Work construction designs must satisfy the following general requirements:

a/ Being in line with the construction planning, suitable to landscapes, natural conditions and regulations on architecture; as well as compatible with the approved work construction investment projects;

b/ Being compatible with technological designs in cases where work construction investment projects contain technological designs;

c/ Work foundations must be firm, and must neither sink, split nor deform beyond the permitted limit, thus affecting the lifetime of works and adjacent works;

d/ Contents of work construction designs must conform with requirements of each designing step, satisfy the utility requirement; ensure the artistic appearance and reasonable prices;

dd/ Safety, thrift and conformity with the applied construction rules and standards; standards on fire and explosion prevention and fighting, environmental protection and relevant standards; public-utility works must be designed according to the standards for the disabled;

e/ Ensuring synchronism in each work, meeting the requirements on operation and use of works; being harmonious with relevant works.

2. For civil works and industrial works, apart from the requirements prescribed in Clause 1 of this Article, the following requirements must also be satisfied:

a/ Work architecture must be suitable to traditions, customs, socio-cultural conditions of each region or locality;

b/ Human safety upon occurrence of incidents; conditions for safe, convenient and effective fire-fighting and rescuing activities; proper distances between works, use of fire-fighting materials, equipment and facilities to limit impacts of fire on adjacent works and surrounding environment;

c/ Comfortable, sanitary and health conditions for users;

d/ Maximization of natural advantages and minimization of natural disadvantages for purpose of economical use of energy.

Article 53.- Contents of work construction designs

A work construction design includes the following principal contents:

1. Technological plans;

2. Utility;

3. Architectural plans;

4. Lifetime of the work;

5. Structure and technical plans;

6. Fire and explosion prevention and fighting plans;

7. Plans on energy use with high efficiency;

8. Environmental protection solutions;

9. Total cost estimates and construction cost estimates compatible with each construction designing step.

Article 54.- Work construction designing steps

1. The work construction designing consists of the following steps: basic design, technical design and construction drawing design.

2. Depending on the nature and size of each type of work, a work construction design may be made through one step, two steps or three steps as follows:

a/ One-step designing means construction drawing design applicable to works for which only economic-technical report is to be made;

b/ Two-step designing consists of basic design step and construction drawing design step, applicable to works for which work construction investment projects must be formulated;

c/ Three-step designing consists of basic design step, technical design step and construction drawing design step, applicable to large-sized and complicated works for which work construction investment projects must be formulated.

3. For works subject to two-step or three-step designing, subsequent design steps shall commence only when earlier design steps are approved.

The Government specifies design steps for each type of works and contents of design steps.

Article 55.- Contests for selecting construction work architecture designs

1. Contests for selecting architecture designs of construction works are encouraged.

2. For the following works, before construction investment projects are formulated, contests for selecting architecture designs must be held:

a/ Offices of State agencies of district or higher levels;

b/ Large-sized cultural, sport and public-utility works;

c/ Other works with special architecture.

3. Expenses for selection contests shall be calculated into total investment capital of construction works.

4. Authors of selected architecture design plans shall have their copyright protected, and be given priority to perform the subsequent designing steps if they fully satisfy the conditions on capability for construction designing.

5. The Government specifies the contest for selecting work construction architecture designs.

Article 56.- Conditions on organizations and individuals performing the work construction designing

1. Organizations performing the work construction designing must meet the following conditions:

a/ Having registered the work construction designing operation;

b/ Fully satisfying the conditions on capability for work construction designing operation;

c/ Individuals taking up the post of designing manager or designing responsible person must have the capability to practice the profession of construction designing and practice certificates suitable to requirements of each type and grade of work.

2. Individuals independently practicing the profession of work construction designing must meet the following conditions:

a/ Having the capability and certificates for practicing construction designing profession;

b/ Having registered the work construction designing profession practice.

The Government prescribes the scope of work construction designing profession practice by individuals independently practicing the work construction designing profession.

3. For the construction designing of separate dwelling houses:

a/ For separate dwelling houses having a total construction floor area of over 250 m2 each, with three stories or more and being located in cultural heritage zones or historical-cultural relics, the designing must be conducted by organizations and/or individuals having full capability for construction designing operation or construction designing practice;

b/ For separate dwelling houses which are smaller than those mentioned at Point a of this Clause, individuals and households may organize the designing by themselves, provided that it conforms with the approved construction planning, and they shall be responsible before law for designing quality and impacts of such works on the environment and safety of adjacent works.

Article 57.- Rights and obligations of work construction investors in the work construction designing

1. Work construction investors have the following rights in the work construction designing:

a/ To conduct the work construction designing by themselves if they fully satisfy the conditions on capability for work construction designing operation or practice suitable to each work type or grade;

b/ To negotiate, sign and supervise the performance of designing contracts;

c/ To request the designing contractors to properly perform the signed contracts;

d/ To request amendments and/or supplements to the designs;

dd/ To suspend the performance of, or terminate the contracts on work construction designing according to law provisions;

e/ Other rights provided for by law.

2. Work construction investors have the following obligations in the work construction designing:

a/ To select work construction designing contractors in cases where they fail to fully satisfy the conditions on capability for work construction designing operation or practice to conduct the designing by themselves;

b/ To determine the work construction designing tasks;

c/ To supply adequate information and documents to designing contractors;

d/ To properly perform the signed contracts;

dd/ To evaluate and approve or submit to the competent agencies for evaluation and approval designs according to the provisions of this Law;

e/ To organize the pre-acceptance test of designing dossiers;

g/ To archive designing dossiers;

h/ To make compensations for damage caused by the elaboration of designing tasks, supply of information and documents and pre-acceptance test of designing dossiers in contravention of regulations and other acts of violation causing damage due to their faults;

i/ Other obligations provided for by law.

Article 58.- Rights and obligations of work construction designing contractors

1. Work construction designing contractors have the following rights:

a/ To reject requests beyond the designing tasks;

b/ To request the supply of information and documents in service of the designing work;

c/ To have copyright over work designs;

d/ Other rights provided for by law.

2. Work construction designing contractors have the following obligations:

a/ To undertake contracts only for work construction designing suitable to their capability for work construction designing operation or work construction designing practice;

b/ To properly perform the designing tasks, ensuring the set progress and quality;

c/ To bear responsibility for quality of designs they undertake;

d/ To exert the author's supervision in the course of construction;

dd/ To elaborate construction survey tasks in service of the designing work and suitable to requirements of each designing step;

e/ Not to designate manufacturers of work construction materials, supplies and equipment;

g/ To purchase professional liability insurance;

h/ To make compensations for damage caused by the elaboration of inappropriate surveying tasks, or the use of inappropriate information, documents, construction rules and standards, technical or technological solutions which affect the work quality, and other acts of violation causing damage due to their faults;

i/ Other obligations provided for by law.

Article 59.- Evaluation and approval of work construction designs

1. Basic designs must be evaluated by the competent State management agency in charge of construction upon approving work construction investment projects.

2. Subsequent designing steps shall be evaluated and approved by the investors but must not be contrary to the already approved basic designs.

3. Persons who evaluate and approve designs shall be held responsible before law for their evaluation and approval results.

4. The Government prescribes the competence for, and contents of the evaluation and approval of work construction designs.

Article 60.- Changes in work construction designs

1. The already approved work construction designs shall be changed only in cases where the adjustment of work construction investment projects requires changes in designs or in other necessary cases.

2. Persons competent to decide on changes in designs shall be held responsible before law for their own decisions.

3. The Government specifies the changes in work construction designs.

Article 61.- Archival of construction work designing dossiers

1. Construction work designing dossiers must be archived. Archival duration shall correspond to lifetime of works.

2. For construction works of important historical, political, economic, cultural, scientific and technical, defense and security significances, the work designing dossiers must be perpetually kept in the national archives.

3. The Government specifies the archival of construction work designing dossiers.

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