Chương V Nghị định 06/2021/NĐ-CP: Điều khoản thi hành

Chapter V

IMPLEMENTATION PROVISIONS

Article 52. Implementation responsibilities

1. Ministry of Construction:

a) Bearing responsibility to the Government for exercise of the uniform state authority over activities governed by this Decree;

b) Promulgating, guiding and inspecting the implementation of legal documents according to its competence in construction quality management, safety during the construction period, and guiding the implementation of this Decree;

c) Exercising the state management of the activities within the scope of regulations of this Decree for specialized construction works under its jurisdiction; conducting the examination and inspection of the compliance with the provisions of this Decree by ministries, sectoral administrations, localities, and entities involved in the construction, management, exploitation and use of construction works; inspecting the quality of construction works and safety during the construction period when necessary;

d) Requesting and urging ministries in charge of specialized construction works and provincial-level People's Committees to inspect the compliance with this Decree according to their competence;

dd) Guiding the determination of the construction maintenance costs; announcing construction maintenance norms minus maintenance norms for specialized construction works.

2. Other Ministries in charge of specialized construction works:

a) Performing the state management of the activities within the scope of regulation of this Decree for specialized works; guiding the implementation of legal documents on construction quality management and construction safety applicable to specialized construction works;

b) Conducting the periodic inspection according to the plan, the irregular inspection of construction quality and safety management of entities involved in construction activities; inspecting the quality of specialized construction works under its management when necessary or at the request of the Ministry of Construction;

c) Creating and issuing maintenance norms for specialized construction works;

d) Sending the Ministry of Construction the general report on the current status of quality, construction quality control and safety management in construction activities under the jurisdiction of ministries and sectoral administrations before December 15 every year and the ad hoc report upon request.

3. Ministries in charge of specialized construction works shall be responsible for directing and inspecting the affiliated specialized agencies in organizing the pre-commissioning testing of specialized works under their management, including:

a) Ministry of Construction shall assume such responsibilities for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction products of investment projects on construction of technical infrastructure works, investment projects of construction of roads in cities (excluding national highways running through cities);

b) The Ministry of Transport shall assume such responsibilities for construction works belonging to traffic construction investment projects under the management of the Ministry of Construction according to regulations of point a of this clause;

c) The Ministry of Agriculture and Rural Development shall assume such responsibilities for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;

d) The Ministry of Industry and Trade shall assume such responsibilities for investment projects for industrial construction works under the management of the Ministry of Construction according to regulations of point a of this clause;

d) The Ministry of National Defense shall assume such responsibilities for construction works belonging to investment projects for national defense and security construction works.

4. People's Committees of the provinces and centrally-run cities shall be responsible for the state management of the activities under the governing scope of this Decree in their administrative areas under their delegated authority; directing and examining the specialized affiliates’ inspection of the pre-commissioning test of construction works belonging to specialized work construction investment projects within their remit, specifically as follows:

a) Departments of Construction shall assume such responsibilities for construction works belonging to civil construction investment projects, investment projects on construction of urban areas, residential areas; technical infrastructure construction investment projects for functional areas; investment projects for light industry construction works, industrial works for production of construction materials, construction investment projects on construction of technical infrastructure works, investment projects for construction of roads in cities (excluding national highways running through cities); other investment projects for multiple-purpose construction works;

b) The Ministry of Transport shall assume such responsibilities for construction works belonging to investment projects for traffic construction works, except those prescribed in point a of this clause;

c) Departments of Agriculture and Rural Development shall assume such responsibilities for construction works belonging to investment projects on construction works used for agriculture and rural development purposes;

d) Departments of Industry and Trade shall assume such responsibilities for construction works belonging to investment projects for industrial construction works, except for those prescribed in point a of this clause;

dd) Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall assume such responsibilities for investment projects within localities under their delegated authority;

e) As for provinces and centrally run cities where Departments of Transport – Construction rule, these Departments shall perform the tasks prescribed at Points a and b of this Clause.

5. Based on specific conditions of each locality, provincial-level People's Committees shall delegate authority to district-level People's Committees to exercise the state management activities under the authority of the provincial-level People's Committees as per this Decree; delegate authority to the assigned construction authorities affiliated to the district-level People's Committees to inspect the pre-commissioning test of construction works within these districts, and shall have the right to adjust the delegation of authority to inspect the pre-commissioning tests specified at Point e, Clause 4 of this Article.

6. District-level People's Committees shall be responsible for the state management of the activities under the governing scope of this Decree within localities under their delegated authority; directing and examining the inspection of the pre-commissioning test of construction works under the delegated authority of their affiliated construction administration units.

7. Ministries in charge of specialized construction works, provincial-level People's Committees shall be responsible for sending periodic and annual reports on the management of the quality of construction works and safety prepared according to the instructions of the Minister of Construction to the Ministry of Construction to serve its synthesis and monitoring purposes.

Article 53. Transition provisions

1. Types and grades of the construction works belonging to investment projects approved before the entry into force of this Degree shall be determined according to laws in force at the time of grant of investment decisions.

2. If construction works commencing before the effective date of this Decree are subject to the inspection of the pre-commissioning tests conducted according to the Government's Decree No. 46/2015/ND-CP dated May 12, 2015 on quality management and construction maintenance, but not subject to the inspection of the pre-commissioning tests under the provisions of this Decree, then such inspection of the pre-commissioning tests shall not be allowed to proceed. Investors shall take charge of the pre-acceptance tests of completed construction works before putting them into operation or in use in accordance with the provisions of this Decree, and reporting the test results to the assigned specialized construction authorities for their monitoring purposes.

3. Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under the provisions of this Decree shall comply with the provisions of this Decree.

4. Continuing to implement the regulations on the classification of construction works in accordance with the legislative regulations existing before the effective date of this Decree until the regulations on the classification of construction works under the guidance of the Law No. 62/2020/QH14 and this Decree are adopted and take effect.

Article 54. Implementation

1. This Decree shall come into force from the signature date and replacing the Government’s Decree No. 46/2015/ND-CP dated May 12, 2015 on management of quality and maintenance of construction works and projects.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of provincial People’s Committees, Heads of socio-political organizations, socio-professional organizations, other organizations and individuals involved shall be responsible for implementing this Decree.

3. The Ministry of Construction shall take charge of and cooperate with relevant ministries and sectoral administrations in providing instructions for implementation of this Decree./.