Chương 7 Nghị định 15/2013/NĐ-CP: Quản lý nhà nước về chất lượng công trình xây dựng

Chapter 7.

STATE MANAGEMENT ON THE QUALITY OF CONSTRUCTION WORKS

Article 41. State management responsibilities on the quality of construction works

1. Ministry of Construction shall unify the state management on the quality of construction works on a national scale and to manage the quality of specialized construction works, including building works, industrial works for construction materials, and technical infrastructure works.

2. Ministries managing specialized construction works:

a) Ministry of Transport manages the quality of transport works;

b) Ministry of Agriculture and Rural Development manages the quality of irrigation works;

c) Ministry of Industry & Trade manages the quality of works of mine, oil & gas, power plants, power transmission lines, transformer stations and specialized industrial works.

3. Ministry of National Defence, Ministry of Public Security shall manage construction works quality of facilities in defence and security sectors.

4. Provincial People’s Committees shall conduct state management on construction works quality in their territory. Departments of Construction and Departments managing specialized construction works are to assist Provincial People’s Committees in managing construction quality of works as follows:

a) Departments of Construction shall conduct quality management for building works, industrial works (of construction material manufacturing only) and technical infrastructure works;

b) Departments of Transport shall conduct quality management for transportation works;

c) Departments of Agriculture and Rural Development shall conduct quality management for works of agriculture and rural development;

d) Departments of Industry and Trade shall conduct quality management for works of mines, petroleum, power plants, electricity transmission cable, transformer station and specialized industrial works.

Article 42. Contents of the State management on the quality of construction works of the Ministry of Construction

1. To issue and guide implementation of the legal documents on the quality management of construction works.

2. To conduct periodical inspection and extraordinary inspection over the quality management of ministries, sectors, localities and subjects getting involved in the facility construction and over the quality of construction works when necessary.

3. To request and push ministries managing specialized construction works, Provincial People’s Committees to regularly inspect the quality management and the quality of construction works under their management.

4. To announce on Ministry of Construction’s website the information of the capacity of organizations and individuals involved in construction activities nationwide as stipulated in clause 1, Article 8 of this Decree;

5. To verify designs of works as stipulated in point a, Clause 2, Article 21 of this Decree;

6. To conduct inspection over the acceptance procedures before putting facilities in to operation for those works under management of Ministry of Construction and to cooperate with specialized ministries on construction to conduct inspection specialized works as stipulated in Article 32 of this Decree.

7. To organize the State inspection of the quality of construction works when requested or when detecting the works with quality not assuring as designs’ requirements and with the risk of force-bearing safety loss; to organize the State inspection of incident causes as stipulated in Article 39 of this Decree.

8. To take the prime responsibility for organizing the award for the quality of construction works as stipulated in Article 11 of this Decree.

9. To annually and extraordinarily (at the request) summarise and report to the Prime Minister the situation of the quality and the quality management of construction works nationwide.

10. To deal with violations on the quality management of construction works as stipulated in this Decree.

11. To perform other management contents in accordance with the regulations related to the quality management of construction works.

Article 43. Contents of the state management on construction quality by other Ministries, sectors

1. Responsibilities of Ministries managing specialized construction works in the quality management of construction works are as follows:

a) To guide implementation of the legal documents on the quality management of construction works applied to specialized facilities;

b) To conduct periodical inspection and extraordinary inspection over the quality management of subjects getting involved in the facility construction and over the quality of specialized construction works under the management when necessary or when requested by Ministry of Construction;

c) To report to the Ministry of Construction the plan and the result of inspection of the quality management and the quality of construction works under the management;

d) To verify the design for works construction as stipulated in point a, Clause 2, Article 21 of this Decree;

dd) To take the prime responsibility for and coordinate with Ministry of Construction in inspecting the acceptance and hand-over for putting works into use as stipulated in Article 32 of this Decree;

e) To coordinate with competent authorities in organizing the State inspection of incident causes for specialized construction works;

g) To coordinate with the Ministry of Construction in organizing the award for the quality of construction works as stipulated in Article 11 of this Decree.

2. Ministry of National Defence, Ministry of Public Security take responsibility of managing construction works quality as follows:

a) To guide on implementing legal documents on construction works quality in defence, security sectors;

b) To conduct regular scheduled inspection, unscheduled inspection over quality management of subjects involving in construction, and over the quality of works of defence, security sectors under management of the Ministries;

c) To conduct design verification of works of defence, security sectors under management of the Ministries;

d) To conduct the inspection over acceptance procedures before putting into operation as stipulated in point c, Clause 1, Article 32 of this Decree.

e) To conduct state inspection of incident causes for works of defence, security sectors under management of the Ministries.

3. Not later than December 15 of each year, Ministries managing specialized facilities, Ministry of National Defense, Ministry of Public Security and other Ministries, Sectors shall summarize and report to the Ministry of Construction the situation of the quality and quality management of construction works managed by Ministries and Ministerial-level Agencies.

Article 44. Responsibilities of State management on the quality management of construction works by Provincial People’s Committees

1. To assign and delegate the responsibilities of State management on the quality management of construction works to Departments managing specialized construction works, District level People’s Committees;

2. To guide the implementation of the legal documents on the quality management of construction works in their areas;

3. To inspect the compliance with the provisions of this Decree by organizations and individuals involved in construction activities in their areas.

4. To organize the State inspection of incident causes as stipulated in Article 39 of this Decree.

5. To cooperate with Ministry of Construction to organize the Awards on construction works quality as stipulated in Article 11 of this Decree.

6. To summarize and report to the Ministry of Construction the situation of the quality and the quality management of construction work in their areas no later than December 15 of each year and extraordinarily report when requested.

Article 45. Responsibilities of specialized agencies assisting Provincial People’s Committee in performing the state management on the quality of construction works

1. Departments of Construction are the focal points assisting Provincial People’s Committees in unifying the State management on the quality of cosntruction works in the area with responsibilities as follows:

a) To submit documents guiding the implementation of the legal documents on the quality management of construction works in the area to Provincial People’s Committees’ Chairpersons for promulgation;

b) To guide district level People’s Committees, organizations and individuals involved in construction activities in implementing the legal documents on the quality management of construction works;

c) To conduct annual and extraordinary inspection over the quality management of agencies, organizations and individuals involved in construction works and the quality of construction works in the area;

d) To coordinate with Departments managing specialized construction works in conducting the inspection over the compliance with regulations on the quality management of specialized construction works;

dd) To verify the design for specialized construction works managed by them as stipulated in point b, clause 2, Article 21 of this Decree;

e) To post the information on capability of organizations and individuals getting involved in construction activities in the area available on Departments’ websites as stipulated in Clause 1, Article 8 of this Decree.

g) To assist Provincial People’s Committees to conduct State inspection of works quality as required and incident causes as stipulated in Article 39 of this Decree; to monitor, summarize and report to Provincial People’s Committees the situation of incidents in the area;

h) To inspect the acceptance and hand-over for putting works into use as stipulated in Article 32 of this Decree for those specialized works under management of the Departments;

i) To annually and extraordinarily report to provincial People’s Committees the compliance with regulations on the quality management of construction works and the status of construction works quality in the area;

k) To assist Provincial People’s Committees in annually and extraordinarily summarizing and reporting the Ministry of Construction the situation of the quality of construction works in the area; to report on the list of contractors/consultants who violated regulations on the quality management of construction works when getting involved in construction activities in the area.

2. Departments managing specialized construction works shall take responsibilities as:

a) To take the prime responsibility for and coordinate with Departments of Construction in regularly and extraordinarily inspecting the quality management by organizations and individuals involved in the construction of specialized facilities and the quality of specialized construction works in the area;

b) To assist Provincial People’s Committees in appraising the design for specialized construction works as stipulated in point b, Clause 2, Article 21 of this Decree;

c) To take prime responsibility and cooperate with Departments of Construction in inspecting the acceptance and hand-over for putting works into use as stipulated in Article 32 of this Decree in cases of specialized facilities;

d) To coordinate with Departments of Construction in organizing the State inspection of the quality of specialized construction works when requested and organizing the State inspection of incident causes for specialized construction works; to annually and extraordinarily summarize and report to Provincial People’s Committees and Departments of Construction the situation of the quality of specialized facilities in the area.

3. Responsibilities of district level People’s Committees:

a) To guide communal level People’s Committees, organizations and individuals engaged in construction activities in implementing the legal documents on the quality management of construction works;

b) To conduct annual and extraodinary inspection over the compliance with the regulations on the quality management of construction works for which district level People’s Committees are decision makers and grant construction permits in the area;

c) To coordinate with Departments of Construction, Departments managing specialized construction works in conducting the inspection over construction works in the area when requested;

d) To make reports on incidents and handle incidents as stipulated in Article 37 and Article 38 of this Decree;

e) To annually and extraodinarily report to provincial People’s Committees and Departments of Construction the compliance with the regulations on the quality management of construction works and the status of construction works quality in the area;

Article 46. Handling of violations on the quality management of construction works

1. When detecting acts of violations of this Decree’s provisions by the inspection of State authorities on construction or by reflect of organizations and individuals, State authorities on construction must timely request relevant organizations and individuals to remedy, and also propose the handling in accordance with the law on administrative sanctions in construction activities.

For organizations and individuals with acts of violations, in addition to the repair at the request of State authorities on construction and being subject to sanctions as stipulated by the law, their names and violations are also announced on the websites of State authorities on construction.

2. When the works is detected to have uninsured quality with the risk of collapse or to have unsafe construction method, State authorities on construction are entitled to temporarily stop the construction and then allow the construction to be continued only when Investors and contractors make good their shortcomings and assure the safety.

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