Chương 3 Nghị định 15/2013/NĐ-CP: Quản lý chất lượng thiết kế xây dựng công trình

Chapter 3.

QUALITY MANAGEMENT OF DESIGNS FOR CONSTRUCTION WORKS

Article 17. Sequence of implementation and quality management of designs for construction works

1. To prepare design tasks for construction works.

2. To select design contractors.

3. To carry out designs.

4. Design appraisal by Investors, design verification by competent State authorities or by consultants (if any).

5. Design approval.

6. Acceptance over the design.

Article 18. Investors’ responsibilities

1. To organize the preparation of design tasks for construction works based on the investment report on construction works (pre-feasibility study reports) or investment guidelines approved by the competent authorities.

2. To select eligible organizations and individuals in order to design and verify designs of construction works when necessary.

3. To inspect contract observation of design contractors, design verification contractors (if any) during contract implementation.

4. To inspect and submit basic design for the investment decision makers‘appraisal and approval in accordance with the regulations for state budget usage works.

5. To organize the appraisal and approval of designs and cost estimates in accordance with the stipulations prescribed in Article 20 of this Decree and relevant regulations.

6. To organize the implementation of design change in accordance with the stipulations prescribed in Article 22 of this Decree.

7. To conduct acceptance over design dossiers.

Article 19. Responsibilities of design contractors

1. To assign sufficient number of suitable experienced and qualified persons for design jobs; to assign eligible persons in accordance with the provisions to be chief designers and designing managers.

2. To use survey results which satisfy requirements of design steps and conform with technical standards applied to the works.

3. To follow the national technical codes and standards applied to the works; to prepare design dossiers meeting the requirements of design tasks, of each design step’s contents, of provisions of contracts, and of relevant regulations.

4. Adjustment of design is conducted as stipulated in Article 22 of this Decree.

Article 20. Appraisal and approval of design steps succeeding upon basic design

1. Investors organize the appraisal of technical design dossier in case of 3-step design, or detailed drawing design dossier in case of 2-step or 1-step design or other designs which are carried out after basic design with the following sequence:

a) To consider the suitability of components and specifications of design dossiers with provisions of construction contracts and regulations of the law, including: design explanation, drawings, survey documents, the works maintenance procedure and other documents as prescribed by relevant regulations;

b) To evaluate the suitability of design dossiers with design tasks, basic designs, conditions of construction contracts, and relevant regulations of the law;

c) To send design dossiers to competent authorities for verification as stipulated in Article 21 of this Decree and relevant regulations;

d) To request designers to explain, receive and adjust design dossiers on the basis of the above-mentioned results of verification, evaluation and consideration.

e) During the process of design appraisal, Investors are entitled to hire eligible organizations and individuals to conduct the design verification for them when necessary.

2. The investment decision makers approve construction drawings together with techno-economic report of the construction works in case of 1-step design; Investors approve technical design (in case of 3-step design) or construction drawing design (in case of 2-step design) or other design carried out following basic design. Contents of design approval are stipulated in Clause 3 of this Article.

Those who are responsible for approving designs must base on the appraisal results on fire prevention and fighting by competent authorities; on the design verification results by State authorities on construction as stipulated in this Decree and relevant regulations of the law to approve designs.

3. Contents of design approval:

a) General information on works: Name of the works, works item (clear statement on category and grade of works); investors, design constructors, location, land use;

b) Scale, technologies, technical parameter and main economy-technical indices of works;

c) Main National technical codes and standards to be applied;

d) Main design solutions for works items and the whole works;

e) Requirements that shall be completed, amendments to design dossier and other contents (if any).

4. Construction drawing designs must be certified by Investors or Investors’ authorized representatives before being used for construction.

5. Regarding works of national secret, of urgent order and temporary works, design appraisal and approval are complied with provisions of law on the investment management of particular construction works.

6. Expenses for design verification by State authorities on construction and for hiring organizations and individuals to participate in design verification shall be included in the total investment and cost estimates of construction works.

7. Those who organize the appraisal, verification and approval of designs must bear all responsibilities for their results of design appraisal, verification and approval.

Article 21. Design verification by State authorities on construction

1. Regarding the following works, Investors shall send dossiers of designs preparing after basic designs with the contents as stipulated in Clause 5 of this Article to State authorities on construction for the verification:

a) Apartment buildings of grade III and above; individual houses of 7 stories and above;

b) Public works of grade III and above;

c) Industrial works: works of power grids, hyro-power plants, thermo-power plants, metallurgy factories, alumina production factories, cement factories of grade III and above; petrochemical refineries, gas processing plant, depots and pipelines of petrol, oil, liquefied gas; production factories and depots of dangerous chemicals; production factories and depots of industrial explosion materials of all grades;

d) Works for transportation: bridges, tunnels, and roads of grade III and above for works funded with State budget, and grade II and above for works funded with other capital sources; works of railways, urban railways, runways, seaport, piers, docks, ports for ships, and rope-ways of all grades.

dd) Works for agriculture and rural development: reservoirs, dams, dykes, docks, canals, closed water pipes, pumping station and other irrigation works of all grades;

e) Technical infrastructure works: grade III and above for works funded with State budget, grade II and above for works funded with other capital sources; toxic solid waste processing works of all grades.

2. State authorities on construction verifying designs of works specified in Clause 1 of this Article are as follows:

a) Specialized agencies under the Ministry of Construction and Ministries managing specialized construction works as stipulated in Clause 2, Article 41 of this Decree shall verify designs of works under their management, including: works of construction investment projects for which Ministers managing specialized construction works are the investment decision makers; works of grade I, works of special grade and works of national importance assigned by the Prime Minister;

b) Departments of Construction and Departments managing specialized construction works shall verify designs of construction works in the area under their management, except for the works stipulated in Item a of this Clause;

c) The Ministry of National Defence, Ministry of Public security shall organize the design verification of works in defence and security sector;

d) In case the investment project includes various works with different categories and grades as in Clause 1 of this Article, the prime state authority is the responsible one that is in charge of the prime works of the investment project according to Point a and Point b of this Clause.

3. In case State authorities on construction as stipulated in Clause 2 of this Article are not eligible enough to verify designs, they are entitled to hire or assign eligible consulting organizations or individuals to verify designs.

State authorities on construction, organizations and individuals who conduct the design verification shall take the responsibility for their design verification results.

4. Contents of design verification by State authorities on construction:

 Capacity of organizational consultants and individuals conducting surveys and designs compared to requirements stipulated in the contract and regulations of the law;

 Conformity of designs with main technical codes and standards applied to the works;

 Force-bearing safety of the works and other requirements on safety;

 Regarding works with State budget only, in addition to abovementioned verification contents, State authorities on construction also conduct the verification of some other contents, including: the conformity of design dossiers with design tasks or basic designs; and the rationality of design dossiers to ensure the investment saving and investment effect.

5. Dossiers to be submitted to State authorities on construction for design verification are those related to contents of verification as stipulated in Clause 4 of this Article, including:

a) Design's explanations, design drawings, related documents of construction surveys;

b) Copies of the decision approving the construction investment projects (in case of 2-step design and 3-step design) and the decision approving the investment policy (in case of 1-step design);

c) Capability records of survey and design contractors;

d) Cost estimation, for those funded by state budget.

6. When the design verification is completed, the State authorities on construction must inform Investors of the verification results in writing.

Design verification time for State authorities on construction shall not exceed 40 working days for works of grade I and above, and 30 working days for other works counting from the receipt day of full and valid dossiers.

Article 22. Change of designs for construction works

1. The approved designs for construction works may be changed only in cases as follows:

a) Construction investment projects are adjusted, thus requiring changes of designs;

b) Irrationalities are detected in the course of construction execution and if designs are not changed, the quality of works, construction progress, construction methods and investment efficiency of projects will be affected.

2. Regarding the projects funded by state budget, if changes in designs result in changes of construction locations, construction plannings, objectives, scales or exceeding the approved total investment for the works, Investors shall submit to Decision makers for re-appraisal and re-approval of adjusted contents. For other cases, Investors are entitled to make decisions on design changes. Contents of adjusted designs must be re-appraised, re-verified, and re-approved in accordance with the provisions stipulated in this Decree.

3. Design contractors shall be accountable for modifying, supplementing or changing unreasonable designs caused by their faults and be entitled to refuse unreasonable requests for adjustment of designs by Investors.

4. Investors are entitled to hire other designers to modify, supplement or change designs in cases the original designer does not perform this work. Designers who conduct modification and supplementation of designs must take accountability for their perfomance.

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