Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides guidance on the Law on Construction in terms of the construction work quality control in the inspection, design and construction activities and in terms of maintenance of construction works and resolution of construction work incidents arising during the construction.
Article 2. Regulated entities
This Decree applies to the investment deciding authorities, the investors, owners, managers and users of the works, domestic contractors, foreign contractors, regulatory bodies in terms of construction and organizations and individuals relating to the quality control and maintenance of construction works.
Article 3. Interpretation of terms
1. ”Construction work quality control” means the management of the entities involving the construction activities according to the provisions of this Decree and other relevant legislations in the preparation, investment, construction and operation of the works so as to ensure the requirements of quality and safety of the works.
2. ”Technical instructions” means the collection of technical requirements on the basis of the technical standards and criteria applicable to the works, the construction engineering plan for guidance and regulations on materials, products and devices used in the works and for the construction, supervision and acceptance for the construction works.
3. ”As-built drawing” means the drawing of the completed construction works, including the location, size, materials and devices in reality.
4. “Construction completion dossier" means a collection of documents relating to the investment and construction of the works subject to retention when the works are brought into use.
5. "Specialized construction experiment” means the measurement to identify the characteristic of construction land, building materials, construction environment, building products, construction parts or construction works in a certain procedures.
6. “Construction monitoring” means the supervision, survey and recording of the geometrical change, the deformation, the move and other technical parameter of the works and the surrounding environment .
7. “Construction surveying" means the measurement to determine the location, shape and size of the topography and the works for the construction, quality control, maintenance and resolution of construction work incidents.
8. “Construction inspection” means the inspection and evaluation of quality or causes for problems, value, expiration of use and other technical parameter of the building products, construction parts or construction works through the survey and experiment associating with calculation and analysis.
9. “Construction assessment” means the inspection of the construction and the evaluation of adherence to the legislations on construction investment that are conducted by a competent State management agency or at the request of such agency.
10. “Construction-related judicial assessment” means the activities relating to construction according to the proposal of presiding agencies, presiding officers or at the request of assessment applicant according to the legislations on judicial assessment.
11. “Conformity assessment in construction” means the assessment of the conformity of building materials and building products with the relevant technical standards that are applied.
12. “Conformance testing in construction” means the testing of the conformance of products, goods, service, process and environment with the corresponding criteria.
13. Maintenance of construction works means the collection of activities to ensure and maintain the applicability and safety of the works according to the engineering plan during the operation. The maintenance of construction works may include one, some or all of the following activities: inspection, monitoring, quality assessment, maintenance and repair of works, excluding the activities that cause change to the functions and scope of the works.
14. “Construction maintenance process” means the regulations on procedures, content and instruction on performing the maintenance activities of the construction works.
15. Design life of works means the expected duration of time that the work is operated, ensuring the requirements for safety and function. The design life of the works is specified in relevant technical standards, applicable criteria and the construction engineering plan of the works.
16. “Actual time limit of operation of works” (hereinafter referred to as actual life of works) means the actual duration of time that the works are used, ensuring the requirements for safety and functions.
17. ”Construction work warranty” means the commitment of the contractor on the responsibility for remedying and repairing of possible breakdown during the operation of construction works.
18. “Owner of works” means any individuals/organizations enjoying the ownership over the works according to the legislation.
19. “Manager/user of works” is the owner of works in case he/she is the owner who directly manages or uses the works or he/she is authorized by the owner to manage and/or operate the work.
Article 4. General principles in construction work quality control
1. Construction works shall undergo the quality control according to the regulations in this Decree and relevant law provisions during the preparation, investment, construction, management and use of works to ensure the safety of human lives, properties, equipment, main works and adjacent works.
2. Completed work items and works shall be brought into operation only when the acceptance for the conformity with requirements of the construction engineering plan, applicable criteria, technical standards, requirements in the construction contract and relevant law provisions is gained.
3. Any contractor involving the construction shall satisfy the requirements for capacity according to the regulations and shall have measures for self-management of quality of the allocated building tasks. The principal contractor or the general contractor is responsible for managing the quality of the parts of works carried out by the subcontractor.
4. The investor is responsible for organizing the quality control of the works according to the form of investment, form of project management, form of subcontract, scope and capital sources of investment during the construction according to the regulations in this Decree. The investor that satisfies the conditions of capacity according to the legislation may carry out the construction activities themselves.
5. The construction authority shall provide guidance, conduct inspection over the quality control done by organizations/individuals involving the construction process; carry out appraisal of the engineering plan, inspection over the work acceptance, assessment of the construction work quality; make proposal and handle the violations against the regulation on quality of construction works according to the legislations.
6. Any entities involving the construction process mentioned in Clauses 3, 4 and 5 of this Article shall be self-responsible for the quality of the allocated parts.
Article 5. Arrangement of responsibilities in construction work quality control of the investor and the entities involving the construction investment
1. In case the investor establishes the board of construction investment project management:
a) The investor may authorize the project management board a part or the whole responsibility in construction work quality control according to the regulations in this Decree. The investor shall direct, conduct inspections and take responsibility for the tasks authorized to the project management board;
b) The project management board shall be responsible to the investor and the law according to the allocated duties and authority.
2. In case the investor hires a project management consultant contract or construction supervising contract:
a) The investor may authorize such contractor to take over one or some responsibilities of the investor in construction work quality control by signing a construction contract. The investor is responsible for supervising the implementation of the construction agreement and settling the argument of the project management consultant contractor and the construction supervising contractor with other contractors and with local government during the construction process;
b) The project management consultant contractor and the construction supervising contractor are responsible to the investor and the law for the allocated responsibilities.
3. The Ministry of Construction shall provide detailed guidance on responsibilities for construction work quality control of the investor; assign the responsibilities of entities relating to construction work quality control of the investment under general contracts/joint-venture contracts or the investment in the form of public-private partnerships.
Article 6. Application of technical standards and criteria in the construction investment
1. The application of technical standards or criteria in construction investment shall comply with the regulation in Article 6 of the Law on Construction and the relevant regulations promulgated by the Ministry of Construction.
2. The application of foreign criteria shall be enclosed with the description of necessity for it. Any foreign criterion that is applied shall be enclosed with its full text in computer file or a printed copy with a Vietnamese or English translation of the to-be-applied parts.
3. Any new technological solutions and materials for construction that are initially used in Vietnam shall satisfy the technical standards and conform to the relevant legislations. The contractor who proposes the application of new technological solutions or materials shall present the basis and documents proving the safety, effectiveness and feasibility of such application to a competent agency for appraisal during the appraisal process of the construction engineering plan according to the legislations on construction.
Article 7. Quality control for construction of detached housing
1. The quality control for construction of detached housing shall be in the principle of ensuring the safety of human, property, equipment, main construction, adjacent constructions and surrounding environment. Entities involving the construction investment of detached housing shall comply with this Decree in the quality control for detached housing.
2. The Ministry of Construction is responsible for providing guidance on construction work quality control for detached housing.
Article 8. Classification and grading of construction works
1. On the basis of their functions, construction works are classified as follows:
a) Civil constructions;
b) Industrial constructions;
c) Transport constructions;
d) Agriculture and rural development constructions;
dd) Technical infrastructure constructions;
e) National defense and security construction.
These constructions are specified in the List in Appendix I enclosed herewith.
2. Regarding the constructions other than those specified in sections I to V of Appendix I enclosed herewith, the Ministry of Construction shall preside over and cooperate with the Ministries managing the specialized construction works in determining the type of the construction.
3. Works and work items are graded on the basis of their scope, structure and importance to apply in the management of the following construction investment activities:
a) Classified management of capacity of entities involving the construction and disclose the information of capacity of such entities;
b) Requirement for technical instructions and determination of construction engineering planning steps of construction grades;
c) Determination of responsibilities in appraisal of construction engineering plan, inspections over the acceptance tasks by the construction authority during the construction process and when the construction finishes;
d) Management of the construction investment costs and construction contract;
dd) Arrangement of competence in issuance of the construction licenses;
e) Regulation on construction work warranty duration; management of construction work warranty;
g) Classification of construction work incidents and competence in handling the construction work incident;
h) Other relevant regulations.
4. Grading of construction works is for making construction engineering plan and for the managing the contents specified in technical standards, criteria and relevant law provisions.
5. The Ministry of Construction shall preside over and cooperate with Ministries managing specialized construction works in providing guidance on grading of construction works as prescribed in Clause 4 of this Article.
Article 9. Awards for quality of construction works
1. Awards for quality of construction works include:
a) National awards for quality of construction works regulated by the Prime Minister;
b) Awards for high-quality construction works and other awards for quality.
2. The awards for quality of construction works prescribed in Clause 1 of this Article are the bases for ranking and assessing the capacity and the result of the activities of organizations/individuals involving the construction investment and consideration for award for contract according to the regulation in Clause 1 Article 146 of the Law on Construction.
3. The contractors receiving awards for construction quality prescribed in Clause 1 of this Article are prioritized when participating in bidding relating to construction activity according to the legislation on bidding. The contractors shall receive priority only if the awards they received are presented within the latest 3 years before the year they apply for bidding. The investor shall include such contents in the invitation for bid.
4. The Ministry of Construction shall provide guidance on the form, conditions, criteria and procedures for application and consideration for presenting awards for construction work quality.
Article 10. Construction specialized experiments, construction monitoring, construction inspection and certification of conformity
1. Construction specialized experiments, construction monitoring, construction inspection and certification of conformity are the conditional construction consultant activities. Any organization carrying out such activities shall obtain registration and shall be recognized as prescribed in the regulations. Any individual carrying out such activities shall have appropriate practice certificates.
2. The Ministry of Construction shall provide guidance and instructions about the activities prescribed in Clause 1 of this Article.
Tìm kiếm
Nghị định 46/2015/NĐ-CP (Bản Word)
Nghị định 46/2015/NĐ-CP (Bản Pdf)