Chương 1 Nghị định 15/2013/NĐ-CP: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree provides regulations on the quality management of construction works in survey, design, construction execution and acceptance of construction works; on safety management, handling of incidents during construction execution, exploitation and use of construction works; and on warranty of construction works.

2. In cases where an international treaty which the Socialist Republic of Vietnam is signatory or acceded to contains provisions that are different from those in this Decree, the provisions of such international treaty shall prevail.

Article 2. Subjects of application

1. This Decree shall apply to domestic and foreign investors and contractors, State authorities on construction and other organizations and individuals related to the quality management of construction works in the Vietnamese territory.

Article 3. Interpretation of terms

In this Decree, the following terms and phrases shall be construed as follows:

1. Technical specification is a set of technical requirements formulated based on the national technical codes and standards applied to works and will be used to guide and stipulate the materials, products, equipment used for works; construction execution, supervision and acceptance of construction works.

2. As-built drawing is a drawing of completed construction parts and works prepared on the basis of the approved construction design drawings with demonstration of actual dimension of the works.

3. Construction completion dossier is a set of documents related to investment and construction of works, including investment policy; construction investment projects or economic-technical report of works; construction survey report; construction design dossier; quality management dossier during the construction process; and other documents which are necessary to be kept after works are put to use.

4. Construction specialized testing is technical acts to determine one or more than one characteristics of construction materials, construction products, construction parts or construction works in accordance with certain procedures.

Construction specialized testings shall be conducted by accredited specialized laboratories, and include testings of soil engineering; water testings in construction; testings of construction materials, components, products; testings on structures of construction works and other testings.

5. Quality inspection of construction works is an activity conducted to check and determine the quality or the causes of faults of construction products, construction parts or construction works through testings together with visual inspection, calculation and evaluation by expertise on facility quality.

Quality inspection of construction works includes quality inspection of construction materials, construction products, construction components; quality inspection of construction works structures; quality inspection of construction works and other inspections.

6. State inspection of construction works quality is an activity conducted to inspect the quality of construction works by competent State authorities or at the request of these authorities.

Article 4. General principles in the quality management of construction works

1. Survey, design and construction of works must be conducted with the assurance of safety for works themselves and neighboring works; during the construction execution and observance of this Decree.

2. Construction works and items shall be accepted before being put to use only when they satisfy all requirements of design, national technical codes and standards applied to the works, technical specifications and other requests by Investors in accordance with requirements stipulated in the contract and relevant regulations.

3. Organizations and individuals involved in construction activities are required to have appropriate eligibilities, to have quality managment system of their own, and take responsibilities for the quality of construction jobs performed by themselves to Investors and before the law.

4. Investors take responsibilities for organizing the quality management in the implementation process of works construction investment projects in accordance with the stipulations prescribed in this Decree and in accordance with the characteristics, scale and investment source of works;

5. The investment decision makers take responsibilities for inspeting quality management of the construction works by investors and contractors in accordance with provisions of this Decree and relevant regulations.

6. State authorities on construction guide and inspect the quality management of organizations and individuals invoved in the works construction; inspect and conduct state inspection of the quality of construction works; reccommend the handling of and handle violations on the quality of construction works as prescribed by the law.

Article 5. Application of national technical codes and standards in construction activities

1. National technical codes are compulsorily applied in construction activities.

2. Standards are voluntarily applied in construction activities, except for those cited in technical codes or stipulated to be compulsorily applied in relevant legal documents.

3. Main standards applied to works must be considered and approved by the investment decision makers in a decision approving construction investment project or technical-economic report for construction. Main standards are changed only with the approval of the investment decision makers. Investors are entitled to make decision on the use or the change of other standards applied to works when necessary.

4. Application of technical standards must satisfy the requirements as follows:

a) Conformity with the requirements of national technical codes on construction and other relevant regulations;

b) Consistency and feasibility of the system of applied standards.

5. In case of application of foreign standards, a full version of standards together with applied parts of those standards translated into Vietnamese are required.

6. Application of technical solutions, new technologies and materials in construction activities must satisfy the requirements of technical codes and other relevant regulations.

Article 6. Classification and grading of construction works

1. Construction works are classifed as follows:

a) Building works;

b) Industrial works;

c) Transportation works;

d) Works for agriculture and rural development;

e) Technical infrastructure works.

Detailed list of works in each type is attached as Appendix of this Decree.

2. The Ministry of Construction shall take the prime responsibility for and coordinate with Ministries managing specialized construction works as stipulated in Clause 2, Article 41 of this Decree in guiding the grading of construction works of all types as stipulated in Clause 1 of this Article for the quality management of construction works.

Article 7. Technical specifications

1. Technical specifications serve as the basis for preparing bid invitation dossiers, carrying out the supervision, construction and acceptance of construction works. Investors organize for preparation and approval of Technical specifications in line with technical designs or other designs which are prepared after basic designs.

2. Technical specifications must conform with the national technical codes and standards which are approved in the construction investment projects and design requirements of construction works.

3. Preparation of technical specifications is compulsory for the works of special grade, grade I and grade II. For other works, technical specifications may be prepared particularly or stipulated in design statement (explaination on the design).

Article 8. Publicity of information on capabilities of organizations and individuals involved in construction activities

1. Organizations and individuals provide State authorities on construction with information of their capabilities in construction field via mail or directly. And these State authorities will make provided information available on their websites.

2. Within 30 days since receipt of information on the capabilities provided by organizations and individuals, State authorities on construction take the responsibility for consideration and making decision to make this information available on their websites.

3. The information on the capabilities in construction field stipulated in Clause 1 of this Article serves as the basis for the selection of organizations who want to get involved in the following activities:

Verification of the works construction design;

Construction specialized testing;

 Supervision of the construction works quality;

Inspection and State inspection of construction works quality;

e) Design, survey and construction of construction works of special grade, grade I and grade II which are funded with State Budget (for main contractors);

Article 9. Supervision by people on construction works quality

1. Organizations and individuals, when detecting the acts of violations related to the provisions stipulated in this Decree, must promptly report them to Investors, People’s Committees of Communes, Wards or Townships where construction works are situated or to State Authorities on construction.

2. Investors, recipients of the information reported by people shall take responsibilities for promtply consideration and handling of such information in accordance with the law on complaints and denunciations.

Article 10. National Acceptance Council (NAC) for construction works

1. National Acceptance Council for construction works was established by the Prime Minister to support the Prime Minister in inspecting the works quality management, the quality, the acceptance of national importance works and in carrying out some other works when requested by the Prime Minister.

2. The Minister of Construction shall be the Chairman of the NAC.

Article 11. Awards on construction works quality

Construction works are considered for the awards for construction works quality as follows:

1. National awards for the quality of construction works are regulated by the Prime Minister.

2. Other awards for the quality of construction works are regulated by the Ministry of Construction.

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