Chương V Luật Xây dựng 2003: Xây dựng công trình

Chapter V

CONSTRUCTION OF WORKS

Section 1. CONSTRUCTION PERMITS

Article 62.- Construction permits

1. Before starting the construction of works, the investors must obtain construction permits, except for the construction of the following works:

a/ Works involving the State secrets, works constructed under emergency orders, makeshift works in service of the construction of principal works;

b/ Works constructed along the routes not running through urban areas but in line with the construction planning and with construction investment projects already approved by competent State agencies;

c/ Small-sized technical infrastructures in deep-lying and remote communes;

d/ Separate dwelling houses in deep-lying and remote areas not in urban areas, densely populated quarters or rural population quarters for which no construction planning has been approved;

dd/ Works undergoing repair, renovation or installation of interior equipment, which does not alter the architecture, force-bearing structure and safety of works.

2. For separate dwelling houses in rural areas, regulations on construction permits must conform with actual situation of such localities. The district-level People's Committees shall specify the densely populated quarters in geographical areas where construction permits are required.

3. For the construction of works and separate dwelling houses in regions under the construction plannings which have already been approved and publicized but not yet implemented, only temporary construction permits with definite durations corresponding to the planning implementation durations shall be granted.

Article 63.- Dossiers of application for construction permits

1. Depending on the nature and size of works, a dossier of application for construction permit comprises the following principal documents:

a/ An application for construction permit;

b/ Work construction designing drawings;

c/ Papers on the land use right according to the land legislation.

2. For works and separate dwelling houses specified in Clause 3, Article 62 of this Law, the dossiers of application for work construction permits must, apart from documents prescribed in Clause 1 of this Article, also included written commitments of the construction work owners to dismantle their works when the State implements the construction planning.

Article 64.- Contents of construction permits

1. Principal contents of a construction permit include:

a/ Location and position for the work construction, the work construction line;

b/ Work type and grade;

c/ Work construction landmarks;

d/ Red-line demarcation and construction demarcation boundaries;

dd/ Environmental and work safety protection;

e/ For civil works and industrial works in urban areas, apart from the contents specified at Points a, b, c, d and e, Clause 1 of this Article, there must be contents on ground area for work construction, height of each story, maximum height of the entire work, colors of the work.

g/ Other contents prescribed for each type of work;

h/ Validity of the permit.

2. The Government specifies the granting of work construction permits.

Article 65.- Conditions for granting permits for construction of urban works

The granting of permits for construction of urban works must meet the following conditions:

1. Being in line with the approved construction detailed planning;

2. Observing the regulations on red-line demarcation and construction demarcation boundaries; urban designing; meeting the requirements on safety of adjacent works; ensuring the corridor for protection of traffic works, irrigation works, dikes, energy works, cultural heritage zones, historical-cultural relics and zones for protection of other works according to law provisions;

3. Construction works and separate dwelling houses in cultural heritage conservation zones and historical-cultural relics must ensure rational construction density, land areas for greenery, parking places and must not affect landscapes and the environment;

4. Works repair or renovation must not affect the structure of the adjacent works, must ensure the prescribed distances to neighboring works, water supply and drainage, air ventilation, lighting, environmental sanitation, fire and explosion prevention and fighting;

5. Ensuring the prescribed distances, for sanitaries, toxic chemical depots and other works which may cause environmental pollution, so as not to affect users of adjacent or neighboring works;

6. When street thoroughfares are constructed or renovated, the systems of underground tunnels must be built for installation of synchronous systems of technical infrastructures; road-surface construction landmarks must comply with the construction landmarks of the construction planning and urban designs;

7. For high-rises of special grade or grade I, there must be designs of basements, except for other cases requiring separate basement designing;

8. For make-shift construction works, the granting of construction permits must comply with the provisions of Clause 3, Article 62 and Clause 2, Article 63 of this Law.

Article 66.- Competence to grant construction permits

1. The provincial-level People's Committees grant construction permits for large-sized construction works, works with particular architecture, religious works and other construction works within the administrative boundaries under their respective management according to the Government's regulations.

2. The district-level People's Committees grant construction permits for construction works in urban areas and centers of commune clusters within the administrative boundaries under their respective management, except for construction works defined in Clause 1 of this Article.

3. The commune-level People's Committees grant construction permits for separate dwelling houses in rural population quarters under the already approved construction plannings and population quarters which, according to the regulations of the district-level People's Committees, require construction permits, within the administrative boundaries under their respective management.

Article 67.- Responsibilities of the agencies granting construction permits

1. To publicly post up and guide the regulations on granting of construction permits.

2. To grant construction permits within no more than 20 working days after receiving complete and valid dossiers; for separate dwelling houses, the above-said time limit shall not exceed 15 days.

3. To inspect the execution of construction according to permits, suspend the construction and/or withdraw construction permits when the work construction investors commit violations.

4. Persons competent to grant construction permits shall be held responsible before law and make compensations for damage caused by their wrong granting or delayed granting of construction permits.

5. To notify the competent agencies not to provide electricity; water, business and other services for works constructed not under planning, constructed without permits or constructed not in compliance with the granted construction permits.

6. To settle complaints and denunciations about the granting of construction permits.

Article 68.- Rights and obligations of construction permit applicants

1. Construction permit applicants have the following rights:

a/ To request the construction permit-granting agencies to explain, guide and implement strictly the regulations on construction permit granting;

b/ To lodge complaints and denunciations against law-breaking acts in the construction permit granting;

c/ To start the construction of works if after the time limit prescribed in Clause 2, Article 67 of this Law the permit-granting agencies give no written reply and the conditions prescribed in Clauses 1, 3, 4, 5, 6 and 7, Article 72 of this Law are fully met.

2. Construction permit applicants have the following obligations:

a/ To submit complete construction permit application dossiers and pay fully the permit-granting fee;

b/ To bear responsibility for the truthfulness of construction permit application dossiers;

c/ To notify in writing the construction starting date to the People's Committees of communes where works are to be constructed within seven working days before starting the work construction;

d/ To observe strictly the contents of the construction permits; to obtain approval of the construction permit-granting agencies when making adjustments or changes in the designs.

Section 2. GROUND CLEARANCE FOR WORK CONSTRUCTION

Article 69.- Requirements on ground clearance for work construction

The ground clearance for work construction must satisfy the following requirements:

1. The construction ground clearance must be planned. Plans on construction ground clearance shall be expressed in work construction investment projects and approved simultaneously with such work construction investment projects;

2. For projects requiring the resettlement, the plans or projects on resettlement must be worked out and executed before the ground clearance;

3. The scope of construction ground clearance must conform with the construction detailed planning and the approved construction investment projects;

4. The time limit for construction ground clearance must comply with the requirements on the progress of executing the approved projects or the competent persons' decisions.

Article 70.- Principles for property compensation for work construction ground clearance

1. The property compensation for construction ground clearance must ensure the State's interests, legitimate rights and interests of the concerned organizations and individuals. For dwelling houses of organizations and individuals, there must be stable new places of residence with conditions equal to or better than the old places, supports in job creation and life stabilization for persons subject to re-settlement, except for cases where the concerned parties otherwise agree upon.

2. The property compensation for construction ground clearance shall be made in one or a combination of forms, i.e. in money, with land use right or dwelling house ownership right and must ensure the fairness, publicity, transparency and legality.

3. For case of property compensation for ground clearance for construction of technical infrastructures in urban areas, the construction ground clearance plans must ensure both the construction of new works and the embellishment of existing roadside works according to the approved construction detailed planning; and ensure that the State can regulate the land value difference after the ground clearance and work construction investment.

4. The compensation shall not be made in the following cases:

a/ Illegally encroached land;

b/ Construction works built in contravention of permits, architectures, trees, cash crops and other assets appearing or arising within the planned construction ground after the construction plannings are publicized;

c/ Other cases prescribed by the land legislation.

Article 71.- Organization of the work construction ground clearance

1. When organizing the work construction ground clearance, construction ground clearance compensation councils must be set up.

2. For case of construction ground clearance under the approved construction plannings while no work construction investment projects are available, the construction ground clearance compensation shall be made as follows:

a/ The competent People's Committees shall organize the ground clearance through the construction ground clearance compensation councils set up by themselves or assign the enterprises specialized in ground clearance to perform such task;

b/ Funding for ground clearance is allocated from the State budget or mobilized and retrieved upon the assignment or lease of land to work construction investors having projects on the cleared ground;

c/ Duration for construction ground clearance shall comply with the local socio-economic development requirements and the competent persons' decisions.

3. For case of construction ground clearance according to work construction investment projects, the construction ground clearance compensation shall be made as follows:

a/ For investment projects for business purposes, the construction ground clearance compensation councils set up principally by the work construction investors in coordination with the competent People's Committees shall organize the ground clearance; for work construction investment projects not for business purposes but in service of the community, the construction ground clearance compensation councils set up principally by the competent People's Committees in coordination with the work construction investors shall organize the ground clearance;

b/ Funding for ground clearance shall be taken directly from the work construction investment projects;

c/ The duration for construction ground clearance must satisfy the execution progress of the approved work construction investment projects.

4. The Government prescribes the principles, methods and brackets of property compensation rates applicable to the construction ground clearance, which shall serve as basis for the provincial-level People's Committees to determine compensation rates in their respective localities.

5. Organizations and individuals having assets within the construction grounds, for which the compensation has been made in strict compliance with regulations, but failing to abide by the ground clearance decisions, shall be coerced to do so and bear all expenses for the coercion.

6. Those who intentionally act in contravention of the regulations on property compensation for construction ground clearance for self-seeking purposes or cause damage to assets of the State, organizations and/or individuals shall, depending on the seriousness of their violations, be disciplined or examined for penal liability, or if causing damage, they shall have to make compensations therefor according to law provisions.

Section 3. CONSTRUCTION OF WORKS

Article 72.- Conditions for starting the work construction

Construction works shall be started only when they meet the following conditions:

1. Having construction grounds for hand-over in whole or in part according to the construction progress, as agreed upon by the work construction investors and the construction contractors;

2. Having construction permits, for works requiring construction permits as prescribed, except for the cases prescribed at Point c, Clause 1, Article 68 of this Law;

3. Having the approved construction drawing designs of items or works;

4. Having construction contracts;

5. Having adequate capital sources to ensure the work construction progress according to the progress already approved in the work construction investment projects;

6. Having measures to ensure the safety and environmental sanitation in the construction course;

7. For new urban areas, depending on their characteristics and sizes, the technical infrastructures must be partially or wholly constructed before the work construction is started.

Article 73.- Conditions for carrying out the work construction

1. Contractors, when carrying out the work construction, must meet the following conditions:

a/ Having registered the work construction operation;

b/ Having full capability for work construction operation corresponding to work types or grades;

c/ Having construction-site commanders with appropriate capability for practicing the work construction profession;

d/ Having construction equipment up to the work safety and quality requirements.

2. Individuals who organize by themselves the construction of separate dwelling houses with the total construction floor area of under 250 m2 each or less than three stories must have capability for practicing the work construction profession and bear responsibility for quality, safety and environmental sanitation.

Article 74.- Requirements on construction sites

Signboards must be put up on all construction works at the construction sites. The contents of signboards include:

1. Names of work construction investors, total investment capital, data of construction commencement and date of construction completion;

2. Names of constructing units, names of construction-site commanders;

3. Names of designing units, names of designing managers;

4. Names of organizations or persons supervising the work construction;

5. Work construction investors, construction-site commanders, designing managers, organizations or persons supervising the work construction, apart from clearly inscribing their names and titles, must also inscribe their contact addresses and telephone numbers.

Article 75.- Rights and obligations of work construction investors in the work construction

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

a/ To carry out the work construction themselves if they have full and appropriate capability for work construction activities;

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

c/ To suspend the performance of, or terminate, contracts with construction contractors according to law provisions;

d/ To stop the work construction and request remedies for consequences caused by violations of the regulations on work quality, safety and environmental sanitation committed by the work construction contractors;

dd/ To request the concerned organizations and individuals to coordinate in performing jobs in the course of work construction;

e/ Not to pay for the value of low-quality or unreasonably arising construction volumes;

g/ Other rights provided for by law.

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

a/ To select contractors having full and appropriate capability for work construction to carry out work construction activities;

b/ To join the competent People's Committees or assume the prime responsibility for, and coordinate with the competent People's Committees in, clearing and handing over the construction grounds to the work construction contractors;

c/ To organize the supervision of work construction;

d/ To examine the measures to ensure the safety and environmental sanitation;

dd/ To organize the pre-acceptance test, payment and settlement of works;

e/ To hire consultancy organizations having full construction operation capability to test the quality of works when necessary;

g/ To examine and decide on contractors' proposals related to designs in the course of work construction;

h/ To respect the work design copyright;

i/ To purchase the insurance for works;

k/ To keep dossiers of works;

l/ To make compensations for damage caused by contract breaches to the work construction contractors, pre-acceptance tests with untruthful results on work quality and other acts of violation causing damage due to their faults;

m/ To bear responsibility for their own decisions; to be responsible for ensuring the set work construction progress, quality and efficiency;

n/ Other obligations provided for by law.

Article 76.- Rights and obligations of work construction contractors

1. Work construction contractors have the following rights:

a/ To reject unlawful requests;

b/ To propose design modifications to make designs more suitable to realities, thus ensuring quality and efficiency of works;

c/ To request the payment for value of completed construction volumes strictly according to the contracts;

d/ To stop the work construction if the employers fail to strictly perform their commitments in the signed contracts, thus causing obstacles and damage to contractors;

dd/ To request compensations for damage caused due to faults of the work construction hirers;

e/ Other rights provided for by law.

2. Work construction contractors have the following obligations:

a/ To properly perform the signed contracts;

b/ To carry out the construction strictly according to the designs, construction standards, ensuring quality, progress, safety and environmental sanitation;

c/ To compile work construction diaries;

d/ To test construction materials and products;

dd/ To manage construction workers in the construction sites, ensure security and order, without affecting the surrounding population quarters;

e/ To make construction completion drawings and take part in the pre-acceptance test of works;

g/ To provide work warranty;

h/ To purchase assorted insurance according to the provisions of the insurance legislation;

i/ To make compensations for damage caused by breaches of contracts, use of construction materials of wrong categories or construction activities which are not up to the standards or cause environmental pollution, and other acts of violation causing damage due to their faults;

k/ To bear responsibility for the quality of construction works they are in charge of;

l/ Other obligations provided for by law.

Article 77.- Rights and obligations of designing contractors in the work construction

1. Designing contractors have the following rights in the work construction:

a/ The rights provided for in Clause 1, Article 58 of this Law;

b/ To request the work construction investors and work construction contractors to strictly comply with their designs;

c/ To reject requests for unreasonable design changes of the work construction investors;

d/ To refuse to make pre-acceptance test of works or work items if they are constructed not according to the designs.

2. Designing contractors have the following obligations in the work construction:

a/ The obligations provided for in Clause 2, Article 58 of this Law;

b/ To appoint fully capable persons to exert the author's supervision according to regulations; persons appointed by the designing contractors to perform the task of author's supervision shall be held responsible before law for their acts of violations in the course of performing the obligation of author's supervision and have to compensate for damage caused due to their faults;

c/ To take part in the pre-acceptance test of works at requests of the work construction investors;

d/ To consider and solve irrationalities in the designs at requests of the work construction investors;

dd/ To detect and promptly notify to the work construction investors of the work construction contractors' construction not in accordance with the approved designs and propose handling measures.

Article 78.- Safety in the work construction

In the course of work construction, the work construction contractors shall have to:

1. Apply measures to ensure safety for people, machines, equipment, assets and works under construction, underground works and adjacent works; machines and equipment in service of construction must go through safety tests before being used;

2. Apply separate technical safety measures to work items or jobs with stringent safety requirements;

3. Apply necessary measures to minimize human and material losses when any unsafe circumstance occurs in the construction.

Article 79.- Assurance of environmental sanitation in the work construction

In the course of work construction, the work construction contractors shall have to:

1. Apply measures to ensure the environmental sanitation in the course of work construction, including requirements on air environment, water environment, solid waste, noise and other requirements on environmental sanitation;

2. Make compensations for damage caused by environmental sanitation-related violations they commit in the course of construction and transport of construction materials;

3. Comply with other provisions of the legislation on environmental protection.

Article 80.- Pre-acceptance test and hand-over of construction works

1. The pre-acceptance test of construction works must comply with the following regulations:

a/ Regulations on management of quality of construction works;

b/ Pre-acceptance test shall be made upon each job, each part, each stage and each work item and pre-acceptance test for putting works into use. Particularly for hidden parts of works, the pre-acceptance test and construction completion drawings must be made before the subsequent jobs are carried out;

c/ Pre-acceptance test shall be made only when the to be-tested objects are completed and the dossiers thereon are complete;

d/ Works shall be put into pre-acceptance test for use only when they satisfy the design requirements, ensure the quality and are up to the prescribed standards.

2. The hand-over of construction works must comply with the following regulations:

a/ Satisfying the requirements on principles, contents and order for handing over completed construction works for being put into use according to the provisions of construction legislation;

b/ Ensuring safety in the operation and exploitation when the works are put into use.

3. The work construction contractors shall have to finish the construction, clear the construction sites, make construction completion drawings and prepare documents in service of the pre-acceptance test and hand-over of the works.

4. The work construction investors shall have to organize the pre-acceptance test and reception of works. Persons taking part in the pre-acceptance test and hand-over of works shall bear personal responsibility for products certified by them in the course of work construction and work hand-over.

Article 81.- Payment and settlement in construction activities

1. The contractors shall have to compile dossiers on payment or settlement of already performed work volumes. The work construction investors shall have to make payment to the contractors according to the pre-acceptance tested volumes.

2. The work construction investors shall make the settlement of work investment capital within 12 months after the works are handed over and put into use, except otherwise provided for by law.

3. Persons responsible for payment and/or settlement shall be held responsible before law for their jobs and shall have to make compensations for damage incurred due to their late or improper payment and settlement.

4. The Government specifies the payment and settlement in construction activities.

Article 82.- Warranty for construction works

1. The work construction contractors shall have to provide warranty for works; the work equipment supply contractors shall have to provide warranty for work equipment.

2. Contents of warranty for works include: repair and replacement of damaged or faulty equipment, correction of abnormal operation of works caused due to the contractors' faults.

3. The work warranty duration shall be determined according to work types and grades.

4. The Government specifies the work warranty duration.

Article 83.- Regular maintenance of construction works

1. Owners or use-managers of works shall have to regularly maintain works, machines and work equipment.

2. The regular maintenance of works, work facilities and equipment must be conducted according to the instructions and regulations of the designers and manufacturers.

3. The regular maintenance of works shall be determined according to work types and grades.

4. The Government specifies the regular maintenance of works.

Article 84.- Construction work incidents

1. In the course of construction, operation, exploitation or use of works, if work incidents occur, the work construction contractors, owners or use-managers shall have to:

a/ Stop the construction, operation, exploitation or use of works, and apply prompt measures to ensure safety for people and assets;

b/ Apply necessary measures to limit and prevent further possible dangers to the works and promptly notify such to the competent and concerned organizations and individuals;

c/ Protect incident scenes, except for cases where the incidents must be urgently remedied to limit damage.

2. Upon receiving notices on work incidents, the competent organizations and individuals shall, within the ambit of their respective tasks and powers, have to:

a/ Promptly apply urgent measures to remedy the incidents;

b/ The competent State management agencies in charge of construction shall have to designate organizations with full expertising capability to identify causes of work incidents and clarify liabilities of subjects causing such work incidents.

3. Persons at fault causing work incidents shall have to make compensations for damage and related expenses or shall be examined for penal liability.

Article 85.- Relocation of works

1. The relocation of a work must comply with the approved construction planning and ensure its architectural and quality intactness.

2. Before relocating works, the work construction investors must apply for permits. Relocation permits shall be granted by the provincial-level People's Committees.

3. Contractors that conduct the work relocation shall have to apply measures to ensure the labor safety and safety for relocated works and adjacent works, as well as the environmental sanitation.

Article 86.- Dismantlement of construction works

1. The dismantlement of construction works shall be conducted in the following cases:

a/ For clearance of grounds for construction of new works; or dismantlement of make-shifts defined in Clause 2, Article 94 of this Law;

b/ Works are in danger of collapse, which may affect the community and adjacent works;

c/ Works are constructed in the areas banned from construction defined in Clause 1, Article 10 of this Law;

d/ Works are constructed not in accordance with the construction plannings, works constructed without permits as prescribed, or works constructed at variance with the contents prescribed in the permits;

dd/ Other cases prescribed by law.

2. The dismantlement of construction works must satisfy the following requirements::

a/ The dismantlement of works shall only be conducted under decisions of competent State agencies;

b/ The dismantlement of works must be conducted according to the already approved dismantlement solutions, ensuring safety and environmental sanitation.

3. Responsibilities of parties involved in the dismantlement of construction works are prescribed as follows:

a/ Persons who are assigned to organize the work dismantlement shall have to implement the provisions in Clause 2 of this Article; shall be held responsible before law and have to compensate for damage caused due to their faults;

b/ Persons who currently own or use works subject to the dismantlement according to the provisions in Clause 1 of this Article shall have to abide by decisions of competent State agencies. Those who fail to abide by such decisions shall be subject to forced dismantlement of their works and bear all expenses for the dismantlement;

c/ Persons with responsibility to decide on the work dismantlement shall be held responsible before law for consequences of their failure to issue decisions, untimely decisions or illegal decisions.

Section 4. SUPERVISION OF WORK CONSTRUCTION

Article 87.- Supervision of work construction

1. All construction works must be subject to the supervision regime in the course of construction.

2. The supervision of work construction must be conducted to monitor and inspect the quality, volumes, progress, labor safety and environmental sanitation in the work construction.

3. The work construction investors must hire supervision consultants or conduct the supervision by themselves when they fully satisfy the conditions on capability for construction supervision activities.

Persons conducting the construction supervision must have certificates for practicing the construction supervision profession compatible with jobs, work types and grades.

4. The application of the supervision regime to the construction of separate dwelling houses is encouraged.

Article 88.- Requirements on the work construction supervision

The work construction supervision must satisfy the following requirements:

1. Being conducted upon the commencement of the work construction;

2. Being regular and constant in the course of construction;

3. Being based on the approved designs, the applied construction rules and standards;

4. Being truthful, objective and non-self-seeking.

Aricle 89.- Rights and obligations of work construction investors in the work construction supervision

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

a/ To conduct the supervision by themselves when they have full capability for construction supervision;

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

c/ To change or request the consultancy organizations to change supervisors in cases where the supervisors fail to strictly comply with the regulations;

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

dd/ Other rights provided for by law.

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

a/ To hire supervision consultants in cases where they fail to fully satisfy the capability conditions to conduct the supervision by themselves;

b/ To notify the concerned parties of the rights and obligations of supervision consultants;

c/ To handle promptly suggestions of supervisors;

d/ To fully perform the obligations already agreed upon in the construction supervision contracts;

dd/ Not to act in collusion or exert their influences to falsify the supervision results;

e/ To keep the construction supervision results;

g/ To make compensations for damage caused by selection of supervision consultants who fail to satisfy the conditions on capability for construction supervision, inaccurate pre-acceptance volume test, construction not in accordance with designs and other acts of violation causing damage due to their fault;

h/ Other obligations provided for by law.

Article 90.- Rights and obligations of work construction supervision contractors

1. Work construction supervision contractors have the following rights:

a/ To conduct pre-acceptance test and certification when works are constructed in accordance with the designs, the construction rules and standards and ensure the quality;

b/ To request the construction contractors to properly perform the contracts;

c/ To reserve their opinions on supervision jobs they undertake;

d/ To reject unreasonable requests of the concerned parties;

dd/ Other rights provided for by law.

2. Work construction supervision contractors have the following obligations:

a/ To perform the supervision job strictly according to the signed contracts;

b/ Not to accept the volumes not up to the prescribed quality and technical standards required by the work designs;

c/ To refuse to conduct the pre-acceptance test of works if they fail to meet the quality requirements;

d/ To propose the work construction investors the designing irrationalities for timely modification;

dd/ To purchase professional liability insurance;

e/ Not to act in collusion with the construction contractors and/or the work construction investors, and commit other acts of violation to falsify supervision results;

g/ To make compensations for damage caused by the falsification of supervision results on construction volumes implemented not in accordance with the designs, not in compliance with the construction rules and standards, which have not been reported by the supervisors to the work construction investors or competent persons for handling, and other damage-causing acts of violation committed due to their faults;

h/ Other obligations provided for by law.

Section 5. CONSTRUCTION OF SPECIAL-TYPE WORKS

Article 91.- Special-type construction works

Special-type construction works include:

1. State-secret works;

2. Works constructed under urgent orders;

3. Make-shift works.

Article 92.- Construction of State-secret works

1. State-secret works shall be constructed with requirements to protect the secrets in construction activities, in the defense, security, economic, scientific and technological and other domains.

2. Persons assigned to manage and construct State-secret works shall have the right to decide on and be responsible for constructing and organizing the construction of works from the stages of project formulation, survey, designing, construction and construction supervision of works to the stage of pre-acceptance test and putting of works into use.

3. The Government shall decide on the construction of each State-secret work whenever there appears the demand therefor.

Article 93.- Construction of works under urgent orders

1. Works constructed under urgent orders shall be constructed to promptly meet the requirements of the natural calamity and enemy sabotage prevention and combat, and other urgent requirements according to the regulations of the Government.

2. Persons assigned to manage the construction of works under urgent orders may decide by themselves the order of survey, designing and construction, suitable to the requirements of emergency circumstances, and shall be responsible for constructing and organizing the construction of such works, in order to minimize the possible human and material losses.

Article 94.- Construction of make-shift works

1. Make-shift works shall be constructed and allowed to exist only for a given duration.

2. Make-shift works include:

a/ Make-shift works in service of the construction of main works;

b/ Works and separate dwelling houses permitted to be constructed for a definite duration under the planning, for which construction grounds have not yet been cleared.

3. For make-shift construction works in service of main construction works, within thirty days after the main construction works are put into use, the owners of make-shift construction works shall have to dismantle such works by themselves, except for cases where make-shift works in service of main construction works are large-sized works or population quarters which conform with the approved construction plannings. For works and separate dwelling houses permitted to be constructed for a definite duration, when the duration inscribed in make-shift construction permits expires, the owners of such works shall have to dismantle their works by themselves. If they fail to voluntarily dismantle their works, they shall be forced to do so and have to bear all expenses for the forced dismantlement and are not entitled to compensation.