Chương III Nghị định 06/2021/NĐ-CP: Bảo hành, bảo trì, phá dỡ công trình xây dựng

Chapter III

WARRANTY, MAINTENANCE AND DEMOLITION OF CONSTRUCTION WORKS

Section 1. CONSTRUCTION WARRANTY

Article 28. Construction warranty requirements

1. Construction contractors and equipment supply contractors shall be responsible to investors for the warranty for the works they perform on their part.

2. In the construction contract, the investor must agree with the contractors involved in the construction work on the rights and responsibilities of the parties regarding the construction warranty; period of warranty for the construction work, equipment, technological equipment; warranty method and form; warranty coverage; custody, use, and refund of warranty expenses, collateral, pledged property or other forms of guarantee having equivalent value. The above contractors shall only be entitled to refund of the warranty expenses, collateral, collateral, pledged property or other forms of guarantee after the expiration of the warranty period, and obtaining the investor’s confirmation of discharge of warranty liabilities. For construction works using public investment capital or state capital other than public investment capital, monetary warranty or letter of guarantee for warranty issued by banks may be accepted. The warranty period and coverage shall be specified in Clauses 5, 6 and 7 of this Article.

3. Depending on the specific conditions of each construction work, the investor may agree with the contractor on a separate warranty period for one or several construction items, construction or equipment installation bids in addition to the overall warranty period for the entire construction project as prescribed in Clause 5 of this Article.

4. The period of warranty for construction works in progress that have quality-related defects or incidents that have been repaired and remedied by the contractor may be extended on the basis of agreements between the investor and the construction contractor before the pre-commissioning test thereof.

5. The warranty period for new or renovated or upgraded construction works or projects shall start from the date of the investor’s pre-commissioning test in accordance with regulations and shall be regulated as follows:

a) Not less than 24 months for special-grade and grade-I construction works using public investment capital or state capital other than public investment capital;

b) Not less than 12 months for construction works at other grades using public investment capital or state capital other than public investment capital;

c) The warranty period for construction works using other capital which can be determined with reference to the provisions of Points a and b of this Clause.

6. The warranty period for construction equipment, technological equipment shall be determined under the construction contract but not shorter than the warranty period as prescribed by the manufacturer and shall be calculated from the date of the test of completion of equipment installation and operation activities.

7. For construction works using public investment capital or state capital other than public investment capital, the minimum warranty coverage shall be regulated as follows:

a) 3% of contract value with respect to special-grade and grade-I construction works;

b) 5% of contract value with respect to construction works at the remaining grade;

c) The warranty coverage for construction works using other capital which can be determined with reference to the minimum warranty coverage prescribed in Points a and b of this Clause.

Article 29. Liabilities of entities involved in construction warranties

1. During the validity period of warranty for a construction work, when detecting any damage or defect, the investor must, and the owner or the manager or the user of that construction work must report to the investor to, request the construction contractor or the equipment supply contractor to implement warranty procedures.

2. The construction contractor and equipment supply contractor shall have the burden of discharging warranty obligations to the work they perform on their part after receiving the warranty claim from the investor, the owner or the manager or the user of the construction work with respect to any damage occurring during the warranty period, and bearing all costs associated with the warranty claim payments.

3. The construction contractor or equipment supply contractor shall have the right to refuse to take warranty responsibilities in cases where damage or defect is caused through no fault of their own or due to force majeure events prescribed under the construction contract. In case damage or defect is caused through the contractor's fault but the contractor does not carry out their warranty obligations, the investor shall have the right to use the warranty sum to hire another organization or individual to perform their warranty obligations. The investor, the owner or the manager or the user of a construction work shall be responsible for complying with regulations on operation and maintenance of the construction work in the course of operation and use of such work.

4. The investor shall be responsible for inspecting and testing the implementation of the warranty obligations by the construction contractor and the equipment supply contractor.

5. Certifying the completed warranty for construction works:

a) Upon expiry of the warranty period, the construction contractor and the equipment supply contractor shall make a report on completion of implementation of warranty obligations and send it to the investor. The investor shall be responsible for certifying the completion of implementation of the warranty obligations for the construction work to the contractor in writing and refunding the warranty sum (or releasing the letter of guarantee having equivalent value from the bank) to the contractors in case where results of inspection and testing of warranty performance of the construction contractor or the equipment supply contractor in Clause 4 of this Article are satisfactory;

b) The owner or the manager or the user of that construction work must take part in granting the certificate of completion of warranty for the construction work to the construction contractor or the equipment supply contractor at the investor’s request.

6. The construction survey contractor, the construction design contractor, the construction contractor, the construction equipment supply contractor and other relevant contractors shall be responsible for the quality of the work performed on their part even after expiry of the warranty period.

7. For housing construction works, contents, requirements, responsibilities, forms, values and warranty periods must comply with the housing law.

Section 2. CONSTRUCTION MAINTENANCE

Article 30. Steps in maintenance of construction works 

1. Formulating and approving the construction maintenance procedures. 

2. Making the plan and cost estimate for the construction work.

3. Carrying out the maintenance and quality management of maintenance work.

4. Assessing the safety for the construction work.

5. Preparing and handling construction maintenance documentation. 

Article 31. Construction maintenance procedures 

1. Subject matters of maintenance of construction works, including:

a) Technical specifications, technology of the construction project, constituent and construction equipment;

b) Regulations on the object, method and frequency of construction inspection;

c) Regulations on contents of and instructions on maintenance of the work in accordance with each construction constituent, type of work and equipment installed in the work;

d) Regulations on the time of and directions for the periodic replacement of equipment installed in the construction work;

dd) Directions for the method of repair of the damaged construction works, handling of the degraded construction works;

e) Regulations on the useful life of the construction work, project constituents, construction items and equipment installed in the construction work;

g) Regulations on the contents, method and time of the initial assessment and frequency rate of assessment of construction works subject to the safety assessment in the course of use and operation in accordance with applicable technical regulations and standards and provisions of relevant laws;

h) Determining the time, subject matters and contents of the periodic inspection;

i) Regulations on the time, method and cycle of observation of the construction works subject to the observation requirements;

k) Regulations on construction maintenance records and information updating for construction maintenance records and documents;

l) Other instructions related to the maintenance of construction works and regulations on the conditions to ensure conformance occupational safety and environmental hygiene requirements during the maintenance of construction works.

2. Responsibilities for establishment and approval of construction maintenance procedures: 

a) The construction design contractor formulates and hands over to the investor the construction maintenance process, construction constituents together with design documents deployed after the initial design stage; updates the maintenance process to suit the design changes in the construction process (if any) before the construction item or construction work is tested before being put to use;

b) The contractor supplying equipment to be installed in the construction project prepares and hands over to the investor the maintenance process for the equipment that they supply before installation thereof at the construction project;

c) In case where the construction design contractor or the equipment supply contractor cannot establish the maintenance process, the investor may hire another qualified consultant to develop the maintenance procedures for the project for those specified at Points a and b of this Clause and shall be responsible for paying consulting costs;

d) The investor undertakes the preparation and approval of the maintenance procedures according to the provisions of Point b, Clause 1, Article 126 of the Law No. 50/2014/QH13 amended and supplemented at Point a, Clause 47, Article 1 of Law No. 62/2020/QH14. The investor, the owner or the manager or the user of the construction work may hire a qualified consultant to assess a part or the whole of the construction maintenance procedures designed by the design contractor as a basis to seek approval.

3. For construction works which have been put into operation or in use, if there is no maintenance procedures, the owners or the managers or the users of such works shall formulate and approve the construction maintenance procedures, possibly undertaking construction inspection as a basis for establishing maintenance procedures for them if necessary. In the maintenance procedures, the remaining useful life of each construction work, project constituent, item and equipment installed at the construction work must be clearly identified.

4. It shall not be mandatory to establish the separate maintenance procedures for each grade-III or lower-grade construction work, detached house and temporary construction work, unless otherwise prescribed by law. The owners or the managers or the users of these construction works shall be responsible for maintaining them in accordance with regulations on maintenance of construction works laid down herein.

5. In case there are standards for maintenance or the similar maintenance procedures for construction works, the owners or the managers or the users of such works can apply them to the works without needing to set up the separate maintenance procedures.

6. Adjustment in the procedures for maintenance of construction works:

a) The owner or the manager or the user of a construction work is entitled to adjust the maintenance procedures when detecting unreasonable factors that may affect the quality of the work, causing impacts on the operation and use of the work, and shall be responsible for their decision;

b) The contractor formulating the maintenance procedures is obliged to modify, supplement or change irrational contents of the maintenance procedures if such irrationality is caused through his fault, and has the right to refuse any unreasonable request for adjustment of the maintenance procedures from the owner or the managers or the user of the construction work;

c) The owner or the manager or the user of the construction work has the right to hire another qualified contractor who is capable of modifying or supplementing the maintenance procedures in case the contractor formulating the initial maintenance procedures fail to do so. The contractor modifying or supplementing the construction maintenance procedures must be responsible for the quality of the work that they perform;

d) As for construction works where maintenance technical standards are used for performing maintenance work, if these standards are modified or replaced, the owner or the manager or the user of the construction work shall be responsible for performing the maintenance work according to the updated maintenance procedures;

dd) The owner or the manager or the user of the construction work shall be responsible for approving the adjustments of the maintenance procedures, unless otherwise prescribed by law.

Article 32. Construction maintenance plan 

1. The owners or the managers or the users of these construction works develops the annual construction maintenance plan based on the approved maintenance procedures and the actual conditions of the construction work.

2. The construction maintenance plan must include the following information:

a) Involved activities;

b) Execution time;

c) Execution method;

d) Execution costs.

3. The maintenance plan may be modified or supplemented during the execution process. The owner or the manager or the user of the construction work shall decide any modification or supplementation of the construction work.

Article 33. Carrying out the maintenance of construction works 

1. The owner or the manager or the user of the construction work has the autonomy in conducting the inspection, servicing and repair of the construction work according to the approved work maintenance procedures if they meet eligibility conditions, or may hire another qualified organization to render the maintenance work.

2. Carrying out the regular, periodic and irregular inspection to promptly detect signs of degradation or damage to the construction work, and equipment installed in the construction work as a basis for the servicing of the construction project.

3. Construction servicing is performed according to the approved annual maintenance plan and construction maintenance procedures. 

4. Repair of construction works, including:

a) Periodic repair of construction works involves the repair of any defect or replacement of damaged constituents or equipment installed in these works which is carried out in a periodic manner as prescribed in the maintenance procedures;

b) The ad-hoc repair of a construction work is made when a part or the whole of the construction work is damaged due to unexpected events, such as wind, storm, flood, earthquake, collision, fire and others, or when a part or the whole of the construction work is likely degraded to the extent of adverse effects on safety for use, operation and exploitation of this work. 

5. The quality inspection shall be carried out to assist in the construction maintenance of a construction work when:

a) The periodic maintenance is carried out according to the approved construction maintenance procedures;

b) It is discovered that a part or the whole of the construction work is damaged or likely causes danger or unsafety for the operation and use of the construction work;

c) There is a request for assessment of the current quality of the construction work assisting in the formulation of the maintenance procedures for construction works that have already been put into use without the maintenance procedures;

d) Needing a basis to decide the extension of the work's useful life with respect to construction works whose design life has expired or to renovate or upgrade the construction work;

dd) Receiving the requests from competent regulatory authorities.

6. The construction observation shall be carried out to assist in the construction maintenance of a construction work in the following cases:

a) Any incident involving construction projects of national importance or others may result in catastrophic consequences;

b) The construction work is likely collapsed due to subsidence, tilt and other abnormalities;

c) At the request of the investor, the owner or the manager or the user of the construction work.

The Ministry of Construction and the Ministry managing specialized construction works shall provide for the list of the works that must be observed during the process of operating and using these works.

7. In cases where the work has many owners, in addition to the responsibility for the maintenance of the part of the work under their own ownership, the owner shall be responsible for the maintenance of the part of the work under common ownership in accordance with relevant laws.

8. As for the construction work that has not been delivered to the owner or the manager or the user of the construction work, the investor shall be responsible for making the construction maintenance plan and carrying out the maintenance of the construction work according to the provisions of this Article and Article 31 of this Decree.

Article 34. Management of construction maintenance quality 

1. The regular, periodic and ad-hoc inspection shall be carried out visually or via regular observation data (if any) or by dedicated test equipment by the owner, the manager or the user of the construction project where necessary.

2. The construction servicing is performed step by step according to the construction maintenance procedures.   Results of construction maintenance must be recorded and documented; the owner or the manager or the user of the construction work shall be responsible for certifying the completion of maintenance work and taking control of maintenance activities in the construction maintenance documentation.

3. The owner or the manager or the user of the construction work shall undertake the supervision and testing of the repair work; preparation, management and archival of construction repair documents in accordance with the law on construction management and other relevant laws.

4. The repair work must be warranted for not less than 6 months with respect to grade II or lower-grade construction works and not less than 12 months with respect to grade I or higher-grade construction works. Warranty coverage must not be less than 5% of contract value.

5. The owner or the manager or the user of the construction work may enter into an agreement with the repair contractor on warranty rights and responsibilities, warranty period, warranty coverage for the repair work during the construction maintenance period.

6. In case where the construction work requires observation or quality inspection, the owner or the manager or the user of the construction work must hire a qualified organization to perform these tasks. Where necessity, the owner or the manager or the user of the construction work can hire an independent organization to assess the review reports on inspection and observation results.

7. Documentation requirements of the construction maintenance work:

a) Documents serving the maintenance work include those on construction maintenance procedures, as-built drawing, record of equipment installed in the construction work and other records, documents necessary for the construction maintenance work;

b) The investor shall be responsible for handing over the construction maintenance documents to the owner or the manager or the user of the construction work before delivery of the construction work for operation and use.

8. Construction maintenance documentation, including:

a) Those documents serving construction maintenance purposes as stated in clause 7 of this Article;

b) Maintenance plan;

c) Regular and periodic inspection results;

d) Construction servicing or repair results;

dd) Construction observation results and construction quality inspection (if any);

e) Results of assessment of load bearing and operational safety of the construction work during the period of operation and use thereof (if any);

g) Other relevant documents.

9. In case of construction projects under PPP agreements

a) The contracting authority shall be responsible for inspecting PPP project enterprises’ construction maintenance activities according to the provisions of this Decree;

b) PPP project enterprises shall be responsible for the transfer of technologies, handing over maintenance documents and construction maintenance documents to contracting authorities before transfer of construction projects according to regulations of project agreements.

Article 35. Construction maintenance costs 

1. Costs of maintenance of a construction work are all costs that are determined according to the requirements of the works to be performed in accordance with the approved construction maintenance procedures and plan. Maintenance costs may include one, some or all of the costs incurred from the maintenance of a construction work according to the requirements of the approved construction maintenance procedures.

2. Based on the form of ownership and management and use of the work, the cost of the maintenance work is formed from one source of capital or a combination of the following sources of capital: state capital other than public investment capital, regular expenditure, revenues from the operation and use of construction works; capital contributed and raised from organizations, individuals and other lawful sources of capital.

3. Construction maintenance costs: 

a) The costs of execution of the annual maintenance works, including: Costs incurred from formulating annual construction maintenance plans and cost estimates; carrying out regular and periodic construction inspections; project servicing costs determined according to the annual maintenance plans of construction projects; setting up and operating the database of construction maintenance; preparing and managing construction maintenance documentation.

b) Costs of (both regular and irregular) construction repairs,  including the costs incurred from making repairs for construction work and equipment according to the approved construction maintenance procedures, and from any necessary addition and replacement of construction items and equipment to serve the purposes of ensuring the right functions and safety of construction works during the period of operation and use.

c) Costs of consulting services for construction maintenance work, including:   Costs incurred from establishing, examining (in case there is no maintenance procedures) or adjusting the construction maintenance procedures; inspecting the quality of construction works as a basis for maintenance work (if any); checking construction works spontaneously to serve maintenance purposes (if any); conducting the ad-hoc inspection of construction works as required (if any); conducting the periodic assessment of the safety of construction works during the period of operation and use (if any); carrying out the survey with the aim of creating designs for repair work; making, verifying repair designs and cost estimates of maintenance; preparing invitations for bid, requests for proposals and evaluating bid packages and proposals submitted for contractor selection; supervising construction and repair of construction works, supervising repair of construction equipment; performing other consulting services;

d) Other costs, including those necessary to carry out the construction maintenance process, such as audit, verification before approval of the financial settlement; construction insurance; evaluation and other related costs;

dd) Overheads incurred from construction maintenance activities performed by the owner or the manager or the user of the construction project.

4. Costs of repair of a construction work or equipment

a) In the case of repair of a construction work or equipment costing less than VND 500 million from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall have autonomy in deciding the repair plan, containing the following information: the name of the construction constituent or equipment that needs repairing or replacement; repair or replacement reasons, repair or replacement targets; quantity of repair or replacement work; cost estimation, expected execution time and completion time.

b) In the case of repair of a construction work or equipment costing VND 500 million or more from state capital other than public investment capital and regular state budget expenditure, the owner or the manager or the user of the construction work shall undertake the preparation, submission for appraisal and approval of the economic and technical report or the construction investment project in accordance with the laws on construction investment.

c) In the case of repair of a construction work or equipment using other funds, the investor or the manager or the user of the construction work shall be encouraged to consult and apply the regulations specified at Points a and b of this Clause in order to determine costs of repairing that construction work or equipment.

5. With respect to the annual maintenance costs (not including the costs of repairing a construction work or equipment), the investor or the manager or the user of the construction work shall take charge of the preparation of the annual estimate of these costs. The management of annual maintenance costs shall be subject to the provisions of laws covering the capital sources used for performing maintenance work.

Section 3. CONSTRUCTION SAFETY ASSESSMENT

Article 36. Construction safety assessment procedures 

1. Formulating and approval of safety assessment protocol.

2. Carrying out construction safety assessment activities. 

3. Making a review report on safety assessment results.

4. Sending the safety assessment report to the authority having competence in receiving and giving opinions on construction safety assessment results under the provisions of clause 4 of Article 39 herein.

Article 37. Regulated tasks involved in the construction safety assessment

1. Examination and assessment of the working capacities of main load-bearing structures and construction constituents potentially causing unsafety risks.

2. Examination and assessment of the conditions for assurance of normal operation and exploitation of the construction project, including: noise levels, pollution levels of smoke, dust, and substances harming human health; fire safety; testing results of equipment subject to strict safety requirements and other relevant safety conditions.

3. Specialized construction Ministries shall assume the following responsibilities:

a) Releasing technical regulations, standards, and construction safety assessment procedures;

b) Announcing testing and evaluation organizations qualified for conducting the safety assessment of specialized construction works; 

c) Regulating the list of construction works that must seek notices of opinions on construction safety assessment results from the authorities specified in Clause 4, Article 39 of this Decree.

Article 38. Responsibilities for conducting construction safety assessment activities 

1. Responsibilities of project owners or persons managing or using construction projects:

a) Taking charge of carrying out the construction safety assessment procedures prescribed in Article 36 herein. The project owner or the manager or the user of the construction work shall have the autonomy in conducting such activities if they meet eligibility conditions, or may hire another qualified organization to render the construction safety assessment work;

b) Handing over documents and records required for the construction safety assessment to the testing and inspection organization as a basis for formulating the construction safety assessment protocol, including: construction maintenance documents, design documentation, including construction drawings, as-built drawings, records of equipment installed in the construction works and other records and documents necessary for the construction safety assessment. In the absence of documents or if construction documents do not have sufficient information necessary for the safety assessment, the owner or the manager or the user of the construction work can hire a qualified organization to carry out the survey and make current construction status documents used for the construction safety assessment purpose;

c) Taking charge of verifying and approving the safety assessment protocol;

d) Undertaking the supervision of implementation of construction safety assessment tasks; 

dd) Reviewing and confirming construction safety assessment results;

e) Sending 01 copy of the safety assessment report to the competent authority stated in clause 4 of Article 39 herein;

g) Filing construction safety assessment documents in the file of documents necessary for construction maintenance activities.

2. Responsibilities of construction safety assessment bodies: 

a) Formulating the construction safety assessment protocol in accordance with applicable technical regulations, standards, terms and conditions of the construction contract, and submitting it to the owner or the manager or the user of the construction work to seek their approval;

b) Carrying out construction safety assessment activities according to the approved protocol;

c) Making a review report on safety assessment results and submitting it to the project owner or the manager or the user of the construction work according to regulations;

d) Bearing responsibility for the quality of construction safety assessment activities that they perform on their part. The certification of the report on safety assessment results of the project owner or the manager or the user of the construction work does not replace and reduce responsibility for the safety assessment performed by the testing and inspection organization.

3. Provincial-level People’s Committees shall assume the following responsibilities:

a) Reviewing construction works subject to construction safety assessment within their remit; regulating the assessment schedule and requesting project owners or persons managing or using construction works to organize the construction safety assessment according to the provisions of this Decree;

b) As for the construction works specified at Point a of this Clause that are located within their remit, if owners thereof or persons managing or using them have not yet been identified, provincial-level People's Committees shall undertake the construction safety assessment as prescribed in this Decree.

Article 39. Certification of construction safety assessment results

1. The owner or the manager or the user of the construction work shall check the quantity of construction safety assessment work, and consider the conformity of the construction safety assessment report in comparison to the approved construction safety assessment protocol and contractual terms and conditions to certify the construction safety assessment results.

2. In case where the report on the results of construction safety assessment fails to meet the regulatory requirements, the owner or the manager or the user of the construction work shall send the testing and inspection organization written dissenting opinions on certification, clearly stating the unsatisfactory matters that organization must review or further evaluate.

3. Within 14 days after receiving the reports on construction safety assessment results from the owners or the managers or the users of construction works as prescribed at Point e, Clause 1, Article 38 of this Decree, authorities having competence in receiving these reports shall consider informing their opinions on construction safety assessment results to the owners or the managers or the users of those construction works as follows:

a) Approving safety assessment reports; requesting the owners or the managers or the users of the construction works to follow the recommendations of the safety assessment organizations so that the construction works can meet safety requirements;

b) Rejecting safety assessment reports in case assessment contents and results of these reports do not meet the requirements; requesting the owners or the managers or the users of these works to conduct reassessment or additional assessment;

c) In case where the assessment results show that a construction work does not ensure safety conditions, the owner, the manager or the user of the construction work is required to comply with Article 40 of this Decree.

4. Unless otherwise prescribed by laws, the authority to receive and give opinions on construction safety assessment results shall be prescribed as follows:

a) Provincial People’s Committees shall have authority over construction works located within the provinces under their jurisdiction;

b) The Ministries managing the specialized construction works shall have authority over those specialized construction works located in 02 provinces or more under the jurisdiction specified in Clause 3, Article 52 of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security shall have authority over national defense and security construction projects.

Section 4. ACTIONS AGAINST POTENTIALLY DANGEROUS CONSTRUCTION WORKS, EXPIRED CONSTRUCTION WORKS AND DEMOLITION OF CONSTRUCTION WORKS

Article 40. Actions against potentially dangerous construction works causing unsafety for operation or use thereof

1. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the owner, the manager or the user shall assume the following responsibilities:

a) Re-checking the current construction status;

b) Conducting construction quality inspection (where necessary);

c) Deciding to take urgent measures such as restricting the use of the construction work, ceasing the use of the construction work, zoning off the dangerous site, moving people and property to ensure safety if the construction work is likely to collapse;

d) Immediately reporting to the nearest local authority;

dd) Correcting damage that may cause the unsafety during the process of use and operation of the construction project, or demolishing the construction work when necessary.

2. When it is discovered that a construction item or work likely causes danger or unsafety for the operation and use thereof, the local authority shall assume the following responsibilities:

a) Inspecting, notifying, requesting and instructing the owner or the manager o the user of the construction work to organize the survey, quality inspection, assessment of the danger level, performing the repair or the demolition of the construction constituent or work (if necessary);

b) Requesting the owner or the manager or the user of the construction work to take urgent measures specified at Point c, Clause 1 of this Article and according to the schedule of application of urgent measures in case the owner or the manager or the user of the construction work fails to take safety action of their own accord;

c) In case where a construction item or a construction work shows poses potential danger that may lead to the risk of collapse, the competent state authority shall assume the prime responsibility for, and cooperate with the owner or the manager or the user of the construction work in, immediately implementing safety measures, including restricting the use of the construction work, ceasing the use of the construction work, and moving people and property for the sake of safety (if necessary);

d) Charging the owner or the manager or the user of the construction work in accordance with laws when they fail to comply with the requirements of the competent state authority specified in Clause 4, Article 39 of this Decree.

3. For old apartment buildings or those likely to cause danger, unsafety for exploitation or use thereof, the owners or the managers or the users of these works shall comply with the provisions of this Decree and other provisions of laws on housing.

4. Every citizen shall reserve the right to notify the owner or the manager or the user of the construction work, the competent state authority or the mass media agency when detecting that the construction item or work has any incident or is likely to cause danger or unsafety for exploitation and use thereof so that timely actions would be taken.

5. When receiving information about construction items or works that have incidents or are likely to cause danger or unsafety for exploitation and use of construction works, owners or managers and users of these construction works, competent state authorities specified in Clause 4, Article 39 of this Decree shall be responsible for applying safety measures specified at Point c, Clause 1 of this Article. If any failure to take timely action is likely to cause human and property losses, they shall be charged under laws.

Article 41. Actions against construction projects whose design life is expired

1. Owners or managers or users of construction works shall determine the useful life of each construction work according to the construction design documentation and technical regulations and standards applicable to construction works.

2. For construction works that have great impacts on the safety and benefits of the community in accordance with the law on construction project management, for a period of at least 12 months before each construction work expires, the owner or the manager or the user of the construction work must report to the competent state authority specified in Clause 4, Article 39 of this Decree on the expiry date of the construction work and the action plan for the expired construction work.

3. After receiving the report specified in Clause 2 of this Article, the competent state authority specified in Clause 4, Article 39 of this Decree shall add the expired construction work to the list posted on its website.

4. For construction works that expire but continue being used to meet the demand, except for detached houses of families or individuals, owners or managers and users of these works shall assume the following responsibilities:

a) Conducting the inspection and examination of the present quality of the construction work and putting forward a plan to reinforce, renovate the work, or repair it if it is damaged, determining the extended useful life after it is repaired or reinforced;

b) Conducting the reinforcement, renovation and repair of construction works (if any) to ensure their proper functions and safety;

c) Sending reports on the results of the works specified at Points a and b of this Clause to the competent state authorities specified in Clause 4, Article 39 of this Decree and other ones according to the relevant regulations of law to seek their opinions on the extension of the useful life of these works, except for detached houses. The time limit for processing application for and giving opinions on the extension of the construction work’s useful life by competent state authorities shall be 14 days of receipt of each report;

d) Based on the results of the performance of the works specified at Points a and b of this Clause and opinions of competent state authorities specified at Point c of this Clause, owners or managers and users of construction works decide and take responsibility for the continued use of these construction works.

5. Cases of discontinuation in using expired construction projects:

a) Owners or managers or users have no longer demands to use these construction works;

b) The results of inspection and examination of the present quality of each construction work show that the work is unsafe, cannot be reinforced, renovated or repaired;

c) These construction works are not allowed by competent state authorities to continue being exploited and used.

6. Competent state authorities prescribed in clause 4 of Article 39 herein shall assume the following responsibilities:

a) Reviewing these construction works where there are insufficient grounds to determine their useful life as prescribed in Clause 1 of this Article and requesting the owners, the managers or the users to organize the implementation of the regulations laid down in Clause 4 of this Article;

b) Taking charge of determining the useful life, announcing construction works whose useful life is expired and performing the following tasks specified in this Article for construction works of which owners or managers or users have not yet been identified;

c) Notifying the owner or the manager or the user of the construction work of the termination and requesting the owner or the manager or the user of the construction work to be responsible for the demolition of the construction work and the time of demolition for those construction works that are no longer in use as prescribed in Clause 5 of this Article.

7. Actions against expired apartment buildings shall be subject to regulations of the law on housing.

8. For detached houses of families or individuals that have expired but continue being used to meet demands, the owners or the managers or the users of the works shall perform the activities specified at Point a and b, Clause 4 of this Article and, based on the results of implementation of these activities, decide and take responsibility for the continued use of these houses, except for the cases specified in Clause 5 of this Article.

Article 42. Demolition of construction works 

1. Cases of demolition of construction works:

a) Construction works need be demolished for ground clearance purposes to build new or temporary construction works;

b) Construction works need to be demolished under regulations laid down in point b of clause 1 of Article 118 of the Law No. 50/2014/QH13, which is amended and supplemented in clause 44 of Article 1 in the Law No. 62/2020/QH14;

c) Construction works need to be demolished at the request of competent state authority under regulations laid down in point c, d and dd of clause 1 of Article 118 in the Law No. 50/2014/QH13, which is amended and supplemented in clause 44 of Article 1 in the Law No. 62/2020/QH14;

d) Construction works need to be demolished upon expiry as prescribed in Article 41 herein.

2. Responsibilities for demolition of construction works: 

a) Owners or managers or users of construction works shall undertake the demolition of construction works in accordance with the law on construction and regulations of other relevant laws;

b) Presidents of provincial-level People's Committees, Presidents of district-level People's Committees or competent state authorities decide the demolition of construction works in accordance with the construction law and other relevant laws; decide to enforce the demolition and conduct the demolition of construction works in case investors, owners or managers or users of the construction works fail to fulfill their responsibilities for the demolition of construction works;

c) Agencies competent to sanction administrative violations shall decide to apply mitigative measures in the form of the forced demolition of violating works or constituents in accordance with the law on handling of administrative violations;

d) Competent authorities decide the demolition and enforcement of the demolition of residential houses as per laws on housing;

dd) The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish national defense and security construction works.

3. Plans and approaches for demolition of construction works must involve:

a) Bases for formulation of plans and approaches for demolition of construction works;

b) General information about construction works and items to be demolished;

c) List of applicable national technical regulations and standards;

d) Formulation of demolition plans;

dd) Demolition schedule and budget;

e) Others necessary for demolition activities (if any).

4. Persons assigned to manage and perform the emergency demolition of construction works shall have autonomy in deciding all demolition works in the process of organizing the emergency demolition of construction works to ensure conformity with the schedule of implementation of these demolition activities, safety and environmental protection and must be accountable for their decisions.

5. For the demolition of construction works that are public property, in addition to complying with the provisions of this Decree, regulations of the law on management and use of public property must be observed.