Chương IV Luật Xây dựng 2014: Khảo sát xây dựng và thiết kế xây dựng

Chapter IV

CONSTRUCTION SURVEY AND CONSTRUCTION DESIGN

Section 1. CONSTRUCTION SURVEY

Article 73. Types of construction survey

1. Topographic survey.

2. Engineering geological survey.

3. Hydrogeological survey.

4. Survey of the actual state of works.

5. Other surveys to serve construction investment activities as decided by investment deciders.

Article 74. Requirements on construction survey

1. Construction survey tasks and survey technique plans must suit types and grades of construction works, types of survey, designing steps and requirements of construction designing.

2. Construction survey technique plans must meet requirements of construction survey tasks and comply with applied construction survey standards and technical regulations.

3. Construction survey work must comply with construction survey technique plans, ensure safety and environmental protection, meet requirements of approved construction survey tasks, and shall be examined, supervised and tested for acceptance under regulations.

4. Construction survey results shall be presented in a report, must ensure truthfulness and objectivity and accurately reflect reality, and shall be approved.

5. Construction survey contractors must have sufficient capabilities suitable to types and grades of construction work and types of survey.

Article 75. Major contents of a report on construction survey results

1. Survey bases, process and methods.

2. Survey data; analysis and assessment of survey results.

3. Conclusions on survey results, proposals.

Article 76. Rights and obligations of project owners in construction survey

1. Project owners have the following rights:

a/ To conduct construction survey when having sufficient capability conditions;

b/ To negotiate and sign construction survey contracts; to supervise and request construction survey contractors to properly perform signed contracts;

c/ To approve construction survey tasks and survey technique plans prepared by design consultants or survey contractors, and assign survey tasks to construction survey contractors;

d/ To adjust construction survey tasks according to reasonable requests of construction survey consultants;

dd/ To suspend the performance of, or terminate contracts in accordance with law;

e/ Other rights prescribed by law.

2. Project owners have the following obligations:

a/ To choose construction survey contractors and supervisors in case they cannot conduct or supervise construction survey by themselves;

b/ To provide information and documents related to survey work to construction survey contractors;

c/ To set construction survey requirements and ensure conditions for construction survey contractors to perform their jobs;

d/ To properly perform the signed construction survey contracts;

dd/ To organize supervision of construction survey work; to pre-acceptance test and approve survey results in accordance with law;

e/ To pay compensations for damage caused by the provision of inappropriate information and documents and violations of construction survey contracts;

g/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 77. Rights and obligations of construction survey contractors

1. Construction survey contractors have the following rights:

a/ To request project owners and related parties to provide relevant data and information in accordance with contracts for conducting construction surveys;

b/ To refuse to implement requests beyond construction survey contracts;

c/ To hire subcontractors to conduct construction surveys in accordance with construction survey contracts;

d/ Other rights stated in the contracts and prescribed by relevant laws.

2. Construction survey contractors have the following obligations:

a/ To strictly comply with construction survey requirements in accordance with this Law and construction survey contracts;

b/ To propose and add construction survey tasks when detecting factors directly affecting design solutions;

c/ To take responsibility for results and quality of construction surveys they have conducted; to take responsibility for managing the quality of surveys conducted by subcontractors (if any) and survey results of subcontractors. When participating in construction surveys, subcontractors shall take responsibility before contractors and law;

d/ To pay compensations for damage caused by improper performance of survey tasks, improper use of information, documents, standards and technical regulations on construction survey and violations of construction survey contracts;

dd/ Other obligations stated in the contracts and prescribed by relevant laws.

Section 2. CONSTRUCTION DESIGN

Article 78. General provisions on construction design

1. Construction designs include preliminary design in the pre-feasibility study report, basic design in the feasibility study report, technical design and construction drawing design in the stage of project implementation, and other designing steps (if any) according to international practices.

2. Depending on the size, nature, type and grade of a construction work, construction design may be made through one step or more than one step. Investment deciders shall decide on the number of designing steps when approving construction investment projects.

3. Work construction design may involve one step or more than one step as follows:

a/ One-step design being construction drawing design;

b/ Two-step design consisting of basic design and construction drawing design;

c/ Three-step design consisting of basic design, technical design and construction drawing design;

d/ Design consisting of other steps (if any).

4. A construction design dossier following the basic design must comprise design explanations, design drawings, related construction survey documents, construction cost estimate and technical instructions (if any).

5. The Government shall specify construction design steps and appraisal and approval of construction designs.

Article 79. Requirements on construction design

1. Meeting requirements of design tasks; being suitable to contents of approved construction investment projects, construction planning, architectural landscapes, and natural, cultural and social conditions in construction sites.

2. Work construction design contents must meet requirements of each design step.

3. Complying with applied standards, technical regulations, legal provisions on use of building materials, meeting requirements on utilities and applied technologies (if any); ensuring force-bearing safety, safety in use, artistic appearance, environmental protection, response to climate change, fire and explosion prevention and fighting, and other safety conditions.

4. Having appropriate design solutions and reasonable construction costs; ensuring synchronism within the work and with related works; ensuring conditions on comforts, hygiene and health for users; creating conditions for people with disabilities, the elderly and children to use works. Taking advantages and limiting unfavorable impacts of natural conditions; prioritizing the use of local and environment-friendly materials.

5. Construction designs shall be appraised and approved in accordance with this Law, except the case prescribed in Clause 7 of this Article.

6. Construction design contractors must have sufficient capabilities suitable to types and grades of works and jobs to be performed.

7. Construction designs of separate houses must comply with the following provisions:

a/ Construction designs of separate houses must meet design requirements prescribed in Clause 3 of this Article;

b/ Households may design by themselves separate houses with a total construction floor area of under 250 m² or with fewer than three stories or a height of under 12 meters in accordance with approved construction master plans, and shall take responsibility before law for design quality, environmental impacts of construction works and safety of adjacent works.

Article 80. Major contents of construction designs implemented after basic designs

1. Architectural plan.

2. Technological plan (if any).

3. Utility.

4. Lifetime of the work and its operation process and maintenance;

5. Structural plan and major types of materials.

6. Technical instructions.

7. Fire and explosion prevention and fighting plans.

8. Plan on efficient energy use.

9. Environmental protection and climate change response solutions.

10. Cost estimate suitable to the construction designing step.

Article 81. Contest for and selection of architectural designs of construction works

1. For large public works with specific architectural requirements, contest for or selection of architectural designs of construction works shall be organized before making construction investment feasibility study reports. Investment deciders shall decide on holding of contests for or selection of architectural designs of construction works.

2. Funds for contest for or selection of architectural designs of construction works shall be included in total investment amounts of construction works.

3. Authors of winning or selected architectural designs of construction works shall have their copyright protected, and be given priority to formulate construction investment projects and develop construction designs if they fully satisfy the prescribed capability conditions.

4. The Government shall specify the contest for and selection of architectural designs of work construction.

Article 82. Competence to appraise and approve technical designs, construction drawing designs and construction cost estimates

1. For construction works using state budget funds:

a/ Specialized construction agencies shall, as decentralized, appraise technical designs and construction cost estimates in case of three-step design; and construction drawing designs and construction cost estimates in case of two-step design;

b/ Investment deciders shall approve technical designs and construction cost estimates in case of three-step design; and construction drawing designs and construction cost estimates in case of two-step design. Project owners shall approve construction drawing designs in case of three-step design.

2. For construction works using non-budget state funds:

a/ Specialized construction agencies shall, as decentralized, appraise technical designs and construction cost estimates in case of three-step design; and construction drawing designs and construction cost estimates in case of two-step design. Specialized agencies attached to investment deciders shall appraise technological designs and other contents (if any);

b/ Investment deciders shall approve technical designs and construction cost estimates in case of three-step design; and construction drawing designs and construction cost estimates in case of two-step design. Project owners shall approve construction drawing designs and cost estimates of works in case of two-step design.

3. For construction works using other funds:

a/ Specialized construction agencies shall, as decentralized, appraise technical designs in case of three-step design and construction drawing designs in case of two-step design for construction works of special grade or grade I, public works and construction works that have great impacts on landscape, environment and community safety. Specialized agencies attached to investment deciders shall appraise technological designs (if any) and construction cost estimates;

b/ Specialized agencies attached to investment deciders shall appraise technical designs, construction drawing designs and construction cost estimates for remaining construction works;

c/ Investment deciders or project owners shall approve construction designs and cost estimates.

4. Specialized construction agencies and investment deciders may invite qualified and experienced organizations and individuals to participate in appraising construction designs or request project owners to select consultancy organizations or individual consultants that fully meet the operation and practice capability conditions already registered on the website on construction capability to verify construction designs and cost estimates as the basis for the appraisal and approval of construction designs and cost estimates. Costs of verification and charges for appraisal of construction designs and cost estimates shall be included in total investment amounts of projects.

5. Competent state agencies shall, as prescribed by law, appraise environmental, fire and explosion prevention and fighting and other contents in accordance with law when appraising construction designs.

6. Agencies, organizations and individuals shall verify, appraise and approve construction designs and cost estimates shall take responsibility before law for results of their verification, appraisal and approval of construction designs and cost estimates.

Article 83. Contents of appraisal of construction designs implemented after basic designs and cost estimates

1. Compatibility of the construction design of the previous step with that of the preceding step.

a/ Technical design against basic design;

b/ Construction drawing design against technical design in case of three-step design, against basic design in case of two-step design, or against designing task in case of one-step design.

2. Reasonability of work construction design solutions.

3. Compliance with applied standards, technical regulations and legal provisions on the use of building materials for works.

4. Assessment of the compatibility of design solutions with utilities of works, their safety and assurance of safety for adjacent works.

5. Reasonableness of the selection of technological lines and equipment for designs of works with technological requirements.

6. Compliance with regulations on environmental protection and fire and explosion prevention and fighting.

7. Compatibility of major volumes in cost estimates with designed volumes; correctness and reasonableness of the application of construction norms and unit prices; determination of estimated values of works.

8. Capability conditions of organizations and individuals conducting construction survey and design.

Article 84. Adjustment of construction designs

1. An approved work construction design may be adjusted only in the following cases:

a/ When adjustments to the construction investment project require adjustments to the construction design;

b/ In the course of construction, there emerge requirements to adjust the construction design to ensure quality of the work and efficiency of the project.

2. For adjustments to a construction design in accordance with Clause 1 of this Article which will result in changes in construction geology, design load, structural solutions, materials of force-bearing structures or construction organization solutions affecting the force-bearing safety of the work, such adjustments shall be appraised and approved in accordance with Article 82 of this Law.

Article 85. Rights and obligations of project owners in construction designing

1. Project owners have the following rights:

a/ To conduct construction design by themselves if they fully satisfy the operation and practice capability conditions suitable to types and grades of construction works;

b/ To negotiate and sign construction design contracts; to supervise the performance of signed contracts and request design contractors to properly perform these contracts;

c/ To request design contractors to modify and supplement designs or select other design contractors to modify, supplement or change designs in case the initial design contractors refuse to perform this work;

d/ To suspend the performance of, or terminate construction design contracts in accordance with the contracts and relevant laws;

dd/ Other rights stated in the contracts and prescribed by relevant laws.

2. Project owners have the following obligations:

a/ To select construction design contractors in case they cannot conduct construction design by themselves;

b/ To identify construction design tasks;

c/ To supply sufficient information and documents to construction design contractors;

d/ To properly perform the signed contracts;

dd/ To submit construction designs and cost estimates for appraisal and approval and pay charges therefor;

e/ To archive construction design dossiers;

g/ To pay compensations for damage caused by violations of the construction design contracts;

h/ Other obligations as stated in the construction design contracts and prescribed by relevant laws.

Article 86. Rights and obligations of construction design contractors

1. Construction design contractors have the following rights:

a/ To request project owners and related parties to provide information and documents to serve construction design;

b/ To reject requests beyond the designing tasks and construction designing contracts;

c/ To enjoy copyright to their construction designs;

d/ To hire subcontractors to conduct construction design in accordance with construction design contracts;

dd/ Other rights stated in the construction design contracts and prescribed by relevant laws.

2. Construction design contractors have the following obligations:

a/ To accept only construction design contracts suitable to their construction design operation and practice capabilities;

b/ To comply with standards and technical regulations applicable to works; to compile construction design dossiers according to requirements of design tasks and steps, and to the terms of construction design contracts and relevant legal provisions;

c/ To take responsibility for the quality of design products they make, including contents prescribed in Articles 79 and 80 of this Law; to take responsibility for the quality of designs made by subcontractors (if any). Subcontractors participating in construction design shall take responsibility for design results to principal contractors and before law;

d/ To perform construction design author’s supervision in the course of construction;

dd/ Not to designate manufacturers of building materials, supplies and equipment in construction designs of works using state funds;

e/ To pay compensations for damage caused by the elaboration of inappropriate surveying tasks, or the use of inappropriate information, documents, construction standards and regulations, technical and technological solutions which affect the quality of works, and violations of construction design contracts;

g/ Other obligations stated in the contracts and prescribed by relevant laws.

Article 87. Rights and responsibilities of agencies and organizations appraising construction designs and cost estimates

1. Agencies and organizations appraising construction designs and cost estimates have the following rights:

a/ To request project owners and related organizations and individuals to provide information to serve the appraisal of construction designs and cost estimates and give explanations when necessary;

b/ To collect charges for appraisal of construction designs and cost estimates in accordance with the law on charges and fees;

c/ To invite experts to join the appraisal or request project owners to select qualified and experienced consultancy organizations to verify construction designs and cost estimates as the basis for appraisal when necessary;

d/ To reserve their appraisal opinions and refuse requests for falsifying results of appraisal of construction designs and cost estimates.

2. Agencies and organizations appraising construction designs and cost estimates have the following responsibilities:

a/ To appraise contents of construction designs and cost estimates in accordance with this Law;

b/ To notify in writing appraisal opinions and results to agencies or organizations in charge of appraisal for summarization and reporting to investment deciders;

c/ To take responsibility before law and investment deciders for opinions and results of appraisal of construction designs and cost estimates.

Article 88. Archive of construction work dossiers

1. Project owners shall archive completion dossiers of construction works. Contractors participating in construction activities shall archive dossiers of jobs they have performed.

2. Dossiers serving the management and use of construction works shall be archived by managers or users of these works for a period at least equal to the lifetime of these works prescribed by law.

3. The compilation and archive of dossiers of construction works must comply with the law on archives.

4. The Government shall specify the archive of construction .work dossiers.