Chương 4 Nghị định 15/2013/NĐ-CP: Quản lý chất lượng thi công xây dựng công trình

Chapter 4.

QUALITY MANAGEMENT OF CONSTRUCTION EXECUTION

Article 23. The sequence of implementation and quality management of construction execution

1. To select construction contractors;

2. To prepare and approve construction methods;

3. To check the conditions for commencement of construction and report to competent State authorities before the commencement of construction in accordance with the regulations.

4. To organize the construction execution of works and supervision and acceptance during the process of construction execution.

5. To conduct quality inspection of construction works and construction items in cases as stipulated in this Decree.

6. To inspect the acceptance of completed construction items or works before they are put into use as stipulated in Clause 3, Article 32 of this Decree.

7. To accept completed construction items or works before they are put into use.

8. To prepare completion dossiers of construction works, to archive dossiers of works in accordance with the regulations.

Article 24. Investors’ responsibilities

1. To select eligible organizations, individuals in accordance with the provisions in order to implement construction execution, construction supervision (if any), testing, quality inspection of construction works (if any) and other construction consultancy services.

2. To notify relevant contractors of duties and rights of individuals in the quality management system of Investors and construction supervision consultants for their coordination in implementation.

3. To check the conditions of construction commencement as stipulated in Article 72 of the Law on Construction;

4. To check the conformity of construction contractors‘ capacity to bidding dossiers and construction contracts, inclusive of manpower, construction equipments, construction specialized laboratories, quality management system of construction contractors.

5. To check the mobilization and arrangement of personnel by construction supervision consultants compared to conditions specified in the contracts;

6. To check and supervise during the process of construction, inclusive of:

a) To check construction materials, components, products and equipment to be used in facilities; to conduct testings to check the quality when necessary;

b) To check the construction methods in which measures to ensure safety for human, machineries, equipment and facilities are clearly specified of construction contractors;

c) To check, urge and supervise construction contractors and other consultants/contractors working at sites;

d) To request design contractors to modify designs when shortcomings and irrationalities are detected;

dd) To check documents for acceptance;

e) To check and certify as-built drawings;

7. To implement the regulations on environment protection for works according to regulations on environment protection.

8. To organize the quality inspection of construction parts, items and whole works in case of any doubt on the quality or in case of being requested by State authorities;

9. To organize the acceptance of construction works;

10. To organize the preparation of completion documents of worls;

11. To halt or suspend construction of the contractor when the construction quality does not meet the technical requirements and construction methods are not safe.

12. To take the prime responsibility for and coordinate with relevant stakeholders in handling difficulties and arising problems during construction execution and to handle, to remedy the incidents as stipulated in this Decree;

13. To prepare reports on works completion for putting it into use or; to prepare irregular reports upon requests and send to State authorities on construction according to this Decree.

14. Investors can hire supervision consultants to conduct partly or all of tasks stated in Clause 3, Clause 4, Clause 6, Clause 9, Clause 10 and Clause 13 of this Article and some other tasks if necessary.

Investors are responsible for examination of implementation of supervision consultants as requirements in construction contracts and relevant regulations of law.

Article 25. Construction contractors’ responsibilities

1. To establish quality management system this must conform to the scale of works and also stipulate the responsibilities of each individual and division in the quality management of works.

2. To demarcate the responsibilities in the quality management of construction works among stakeholders in cases of construction general contractor contracts; designing and construction general contractor contracts; designing-procurement-construction general contractor contracts; project making-designing-procurement-construction general contractor contracts and other kinds of combined contracts (if any).

3. To arrange personnel; to provide materials and construction equipment in accordance with the contract requirements and relevant regulations;

4. To receive and manage construction site (plan); to preserve location points and bench marks of construction works;

5. To prepare and approve construction methods in which measures to ensure safety for human, machineries, equipment and facilities are clearly specified and construction schedule, excepting there are other regulations in the contract;

6. To conduct inspection and testing for materials, components, construction equipment, technological equipment in accordance with the technical standards, requirements of designs and contracts before they are used for construction and installed in construction works;

7. To conduct construction execution in accordance with the contracts, construction permits and designs; to ensure the quality of construction works and safety during construction;

8. To timely inform Investors when detecting any difference between design, contract dossiers and field conditions;

9. To correct errors and defects in quality for the jobs they perform; to take the prime responsibility for and coordinate with Investors in organizing the remedy of failures during construction; to prepare reports on incidents and coordinate with stakeholders in the state inspection of incident causes;

10. To prepare and record in construction diaries in accordance with the regulations;

11. To prepare as-built drawings in accordance with the regulations;

12. To report to Investors the schedule, quality, volume and labour safety and environment sanitation as requested by Investors;

13. To return the site and move materials, machineries, equipment and other assets out of the site after the works are accepted and handed over unless the contract has different agreements.

Article 26. Responsibilities of manufacturers and suppliers of materials, products, equipment and components used in construction works

1. To ensure the quality of construction materials, products, equipment and components in accordance with the applied standards and national technical codes in correspondence and the requirements of design;

2. To provide the contractual party with sufficient information and documents related to products and goods as stipulated by the regulations on the quality of products and goods and other relevant regulations; follow the regulations on labels of products and goods.

3. To carry out the certification of conformity with the standards and regulations as stipulated in the law and other testing to inspect the quality as stipulated in the contract.

4. To fulfil the agreements with the contractual party on the procedure and method to inspect the quality of construction materials, products, equipment and components before and during the production process as well as during the process of supplying, using and installing into the works.

Article 27. Responsibilities of construction supervision consultants

1. To assign eligible persons as chief supervisors and other positions of supervision in accordance with regulations.

2. To prepare the organizational structure and supervision workplan including the responsibilities, powers, tasks for all positions of supervision, the quality control plan and procedure, the inspection and acceptance procedure, the management of related documents and materials during the process of construction supervision.

3. To perform construction supervision in accordance with the provisions stipulated in the contracts and the workplans approved by Investors and regulations on construction quality management.

4. To accept works performed by contractors as according to the construction contracts.

Article 28. Author supervision responsibilities of design contractors

1. Design contractors who prepare technical designs in case of three-step designs and who prepare construction drawing designs in case of one-step or two-step designs must assign qualified staffs to conduct author supervision iregullarly during construction execution or regularly in case of particular agreement with Investors in the contracts.

2. To explain about and to clarify design documents at the request of Investors, construction contractors and supervision consultants.

3. To coordinate with Investors if requested to handle problems and arising matters related to designs during construction execution; to modify the design to make it appropriate to the actual situation of construction execution; to handle irrationalities of the designs at the request of Investors.

4. To promptly inform Investors and recommend countermeasures when construction contractor’s execution is detected to be different from approved designs.

5. To participate in the acceptance of construction works at the request of Investors. If detecting that construction items or construction works are not eligible for acceptance, they must promptly inform Investors in writing.

Article 29. Safety management during construction execution

1. Before the commencement of construction, construction method must be prepared and approved by construction contractor pursuant to the regulation. The construction method must explain the measures to ensure safety for laborers, construction equipment, major works, temporary works, auxilary works, neighboring works, explosion and fire prevention and fighting, and environmental protection.

2. Construction methods must be regularly reviewed and adjusted to make them appropriate to the actual situations of sites by construction contractors.

3. Solutions for safety assurance as well as the regulations on labor safety must be made public at sites for people to know and follow; places of danger at sites must be warned to avoid accidents.

4. Operators of construction machineries and equipments and those engaging in jobs with strict requirements on labor safety as prescribed by law on labour safety must be trained on labor safety and must hold labor safety certificates in accordance with regulation;

5. Construction machineries and equipment with strict requirements on labor safety must be inspected and registered to competent State agencies in accordance with the regulations before their operation at sites. During the operation of construction machineries and equipment, the labor safety assurance procedures and methods must be followed.

6. Investors are responsible for conducting the inspection and urging contractors, consultants to follow approved construction methods and solutions for safety.

7. Laborers involved in construction execution at sites must be eligible healthy, trained on safety and allocated adequate safety equipment as stipulated by regulations on labor safety.

8. Competent authorities shall guide and inspect the safety assurance during the construction execution in accordance with the regulations.

9. In case of unsafe incidents during construction execution, the handling must follow the stipulations in Chapter VI of this Decree.

Article 30. Preparation and archives of completion dossiers of completed items, construction works

1. Completion dossiers of completed items and works must be fully prepared by Investors before construction items or construction works are put into use.

2. Completion dossiers can be prepared one time for the whole project if all the works (or items) of the project are put into use at the same time. In case of various timing of putting into use, the completion dossiers can be prepared separately for each works (item).

3. Number of copy of completion dossiers shall be decided by Investors based on the agreement with contractors and stakeholders.

4. Archiving of completion dossiers of works shall follow the regulations on archives.

Article 31. Acceptance of construction works

1. Investors shall take responsibility for organizing the acceptance of construction works, including acceptance of construction jobs during construction execution; acceptance of completed construction items and works before putting into use.

In case of necessity, Investors shall stipulate the acceptance of important construction shifting stages of works.

2. The contents which need to be accepted and handed over must be clearly stipulated in construction contracts: Basis, conditions, sequence, timing, documents, formats, minutes and participants for the acceptance and handover of completed facility items, works. Acceptance and handover results must be made in record.

3. Completed construction parts, items and works are put into use only after accepted by Investors as prescribed by the law.

4. Regarding construction works and items as stipulated in Clause 1, Article 21 of this Decree only, the inspection by State authorities on construction over the acceptance of investor is required before they are put into use.

Article 32. Inspection over the acceptance before putting works into use

1. State authorities on construction, which shall conduct the inspection over acceptance of Investors in cases of construction works and construction items as stipulated in Clause 1, Article 21 of this Decree, are:

a) Specialized agencies under the Ministry of Construction, Ministries managing specialized construction works shall inspect the works specified in point a, clause 2, Article 21 of this Decree;

b) Departments of construction, Departments managing specialized construction works shall conduct the inspection over works specified in point b, Clause 2, Article 21 of this Decree;

c) The Ministry of National Defence, Ministry of Public Security organize the inspection over works of defence, security sector.

2. 10 working days (for works of grade II, III and IV) or 20 working days (for works of special grade and grade I) before the date that Investors expect to organize the acceptance to put construction works or construction items into use, Investors must send to competent State authorities as stipulated in Clause 1 of this Article the completion reports of construction items or works which are prepared together with the list of completion dossiers of construction items and works.

3. Competent State authorities as stipulated in clause 1 of this Article shall take responsibilities as follows:

a) To inspect completed construction items and works, the compliance with the regulations on the quality management of construction works when receiving reports from Investors; to inspect the acceptance of important construction shifting stages when necessary;

 b) To request Investors and stakeholders to explain about and overcome shortcomings (if any);

c) To request Investors and stakeholders to conduct quality inspection of construction parts, items or works when necessary;

d) To have written conclusion on the inspection contents within 15 working days (for works of grade III and grade IV) and 30 working days (for facilities of special grade, grade I, and grade II) since receiving dossiers as stipulated in Clause 2 of this Article.

When the abovementioned time limit is over without any acceptance inspection results from the authorized state agencies as stipulated in clause 1 of this Article, Investors are entitled to organize acceptance in order to put works into use. The above mentioned authorized state agencies shall take responsibility for not providing their inspection results.

Article 33. Hanlding of disputes over the quality of construction works

When there is different opinions about the quality of the product, construction parts and works among subjetcs, the sequence of handling is as belows:

1. Stakeholders are responsible to hold negotiation for solutions.

2. If no agreement can be reached, stakeholders can request for instruction to state authorities on construction.

3. The disputes may be solved through courts in accordance with the provisions of contracts and the regulations.

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