Chương V Nghị định 46/2015/NĐ-CP: Bảo trì công trình xây dựng

Chapter V

MAINTENANCE OF CONSTRUCTION WORKS

Article 37. Procedures for warranty of construction works

1. Establish and approve of the construction maintenance process.

2. Draw up plan and estimate the expenditure on maintenance of the construction work.

3. Carry out the maintenance and manage the quality of maintenance task.

4. Assess the bearing capacity and the force-bearing safety in operation of the construction work.

5. Establish and manage the documents on the construction maintenance.

Article 38. Construction maintenance process

1. The construction maintenance procedures include the following main contents:

a) The technological parameter of the work/work items and construction equipment;

b) Regulations on the subjects, methods and frequency of inspection of construction;

c) Regulations on the contents of maintenance and provide instruction on maintenance of the construction work in accordance with specific construction part, construction type and equipment installed into the work;

d) Regulations on the time of maintenance and guidance on periodic replacement of the equipment installed into the work;

dd) Instruction on the methods to repair the breakdowns and handle the deteriorated construction parts;

e) Regulations on useful life of the work;

g) Regulations on the contents and time of periodic assessment, applicable to the construction subject to safety assessment during the operation, according to the relevant law provisions;

h) Regulations on the time, subjects and contents of periodic inspection;

i) Regulations on the monitoring time, methods and frequency for the work applying for construction monitoring

k) Other instructions relating to the maintenance of the construction work and the stipulation of conditions for ensuring labor safety and environmental protection during the maintenance of the construction work.

2. Responsibilities for establishment and approval for construction maintenance process:

a) The engineering contractor shall establish and transfer to the investor the maintenance process for the construction work and/or construction parts enclosed with the engineering documents deducting from the general engineering plan; update the maintenance process according to the change in engineering plan during the construction process (if any) before carrying acceptance test of the works/work items to bring them into operation;

b) The contractors supplying equipment to install into the work shall establish and transfer to the investor the maintenance process of the equipment they supplied before the installation;

c) If the engineering contractor and/or the equipment supplying contractor fails to establish the maintenance process, the investor may hire another consultancy unit with satisfactory proficiency to carry out the establishment of the subjects specified in Points a and b of this Clause and shall be responsible for paying the consultancy costs;

d) The investor shall establish and approve the maintenance process according to the regulation in Point b Clause 1 Article 126 of the Law on Construction. The investor, the owner, manager or the user of the construction work may hire an eligible consultancy unit to conduct an inspection on a part or the whole construction maintenance process established by the engineering contractor as the basis for the approval;

dd) Regarding the construction works that are operated without maintenance process, the owner, the manager or user of the work shall establish and approve the construction maintenance process. If necessary, a quality assessment of the construction work may be conducted to form the basis for the establishment of construction maintenance process. The remaining useful life of the work shall be defined in the maintenance process.

3. The specific maintenance processes for grade III works or lower, detached housing and temporary works are not required, unless otherwise legislations prescribed by law. The manager of the work still have to carry out the construction maintenance according to the regulations on construction maintenance in this Decree.

4. dd) If there are appropriate technical standards in terms of maintenance or maintenance processes of similar works, the owner or the manager of the work may applied such technical standards or processes without establishment of a new maintenance process.

5. Adjustment of construction maintenance process:

a) The owners or the managers of the work may adjust the maintenance process if any irrationality that may affect the quality of the work and the operation of work and shall be responsible for their decision;

b) The contractors in charge of establishing maintenance process shall carry out the modification or replacement of the irrationality in the process that is due to their fault and may reject the unreasonable request for modification from the owner or the manager of the work;

c) If the contractor in charge of establishing maintenance process fails to carry out such activities, the owner or the manager of the work may hire another contractor having satisfactory proficiency to modify the maintenance process. The contractors carrying out the modification of construction maintenance process shall be responsible for the quality of their construction parts;

d) Regarding the work applying technical standards for maintenance in the maintenance activity, if such standards are modified or replaced, the maintenance of the work shall comply with the modified ones.

dd) The owner or the manager of the work is responsible for granting approval for the modified contents in the maintenance process, unless otherwise legislations prescribed by law.

Article 39. Construction maintenance plans

1. The owner or the manager of the work shall draw up an annual construction maintenance plan on the basis of the approved maintenance process and the current conditions of the work.

2. The construction maintenance plan includes the following main contents:

a) Name of task;

b) Duration of task performance;

c) Methods for performing the task;

d) Expense for task performance.

3. The maintenance plan may be modified during the maintenance process. The owner or the manager of the work is in charge of giving decision on modification of construction maintenance plans.

4. The repair of work/equipment is carried out in accordance with the expense as follows:

a) Regarding the repair of work/equipment with the expense of under VND 5,000,000 funded from the state budget, the owner or the manager of the work shall decide the repair plan in terms of: names of construction parts or equipment that need repair or replacement; reasons for repair/replacement, targets of repair/replacement; workload; expected cost, expected time of repair/replacement and time of completion;

b) Regarding the repair of work/equipment with the expense of VND 5,000,000 or more funded from the state budget, the owner or the manager of the work shall establish the economic-technical report or the investment project and submit them to an authority agency for appraisal and approval according to the legislation on construction investment;

c) Regarding the repair of work without funding from the state budget, the owner or the manager of the work is encouraged to consult and apply the provisions in Points a and b of this Clause.

Article 40. Maintenance of construction works

1. The owner or the manager with satisfactory capacity may conduct the inspection and maintenance of the work themselves according to the approved construction maintenance procedures; otherwise, an eligible organization may be hired to carry out such tasks.

2. The construction work shall be inspected regularly or irregularly to promptly discover the signs of deterioration or breakdowns of the work and equipment installed into the work to form a basis for the construction maintenance.

3. The construction maintenance shall comply with the approved annual maintenance plans and construction maintenance procedures.

4. Repair of work includes the following tasks:

a) Periodic repair of construction work includes the repair or replacement of broken down construction parts or equipment installed in to the work that is conducted periodically according to the regulations on maintenance process;

b) The irregular repair of construction work is conducted when a work/construction part is broken down due to irregular impacts like wind, storm, flood, earthquake, shock, fire and other irregular impact or when a work/construction part has sign of deterioration that affect the safety in operation of the work.

5. Construction quality assessment serving the maintenance task shall be conducted in any of the following cases:

a) Periodic assessment according to the approved construction maintenance process;

b) A number of construction parts are discovered having sign of danger that are unsafe to be operated;

c) There is request for assessment of current quality of the work to establish the maintenance process for the works that are operated without maintenance process;

d) It is necessary to form a basis for the decision to extend the useful life of the work, applicable to the works whose design life expires or form a basis for the renovation of the work;

dd) There is request from the state agencies in charge of construction.

6. Construction monitoring serving the maintenance task shall be conducted in any of the following cases:

a) The construction of important national works or the works that potentially cause danger if they are broken down;

b) The works that have signs of subsidence, leaning, fissure or other irregular signs that potentially cause collapse of works;

c) There is request from the investor, owner or the manager;

The Ministry of Construction and the Ministries managing the specialized construction works are responsible for promulgating the list of works subject to construction monitoring during the operation.

7. If a work belongs to multiple owners, beside the responsibilities for the maintenance of their own construction part, the owner shall be also responsible for the maintenance of the common construction parts according to the relevant law provisions.

8. Regarding the works that have not been transferred to the owners or the managers/users, the investor shall set up a construction maintenance plan and carry out the construction maintenance according to the regulations in this Article and Article 39 of this Decree. The investor shall transfer the construction maintenance documents to the owner or the manager/user before transferring the work to such entities for operation.

Article 41. Quality control for the maintenance task of the construction work

1. The regular and irregular inspection of the work shall be conducted by the owner or the manager/user through observation and the figures from regular monitoring (if any) or using the specialized inspecting equipment if necessary.

2. The maintenance of construction work shall be conducted step by step according to the regulations the construction maintenance procedures. The result of maintenance process shall be recorded and filed; the owner or the manager/user of the work is responsible for certifying the completion of maintenance task and recorded it in the construction maintenance document.

3. The owner or the manager/user of work is responsible for organizing the monitoring and acceptance testing for the repair activities; establishing, managing and retaining the construction repair document according to the legislation on construction management and other relevant provisions of law.

4. The repair of work shall be under warranty for at least 6 months, applicable to grade II or lower work, and at least 12 months, applicable to grade I or higher work.

5. The owner or the manager/user shall negotiate with the repairing contractor about the rights and responsibilities in warranty, duration of warranty, warranty deposit for the repair activity during the maintenance of the construction work.

6. The owner or the manager/user of work is responsible for organizing the monitoring and acceptance testing for the repair activities; establishing, managing and retaining the construction repair document according to the legislation.

7. If the work needs monitoring or is subject to quality assessment, the owner or the manager/user of work shall hire an eligible organization to undertake. If necessary, the owner or the manager/user of work may hire an independent organization to assess the inspection report and the construction monitoring report.

8. Documents for the construction maintenance:

a) Documents for the construction maintenance include the construction maintenance process, the as-built drawing, profiles of equipment installed in to the work and other necessary documents relating to construction maintenance;

b) The investor shall transfer the construction maintenance documents to the owner or the manager/user before transferring the work to such entities for operation.

9. Construction maintenance documents include:

a) Documents for the construction maintenance specified in Clause 8 of this Article;

b) Maintenance plan;

c) Results of regular and irregular inspection of the work;

d) Result of construction maintenance tasks;

dd) Result of construction monitoring, results of construction quality assessment (if any);

e) Results of assessment of force-bearing safety and operation of work (if any);

g) Other relevant documents.

Article 42. Construction maintenance costs

1. Funding for construction maintenance is taken from the following sources:

a) The Government budget (the central budget, local budget) that are annually allocated, applicable to the project using the state budget funds;

b) Money collected from the operation of construction work using non-budget state funds;

c) Capital source of the investor or owner, applicable to business construction work;

d) The contribution from the organizations and individuals;

dd) Other legal source of capital.

2. Costs for establishment and inspection of construction maintenance process:

a) Costs for establishment and inspection of construction maintenance process are included in the total investment in the construction;

b) Costs for establishment and inspection of maintenance process of the construction work that has been brought into operation without maintenance process are included in the construction maintenance costs;

c) Costs for adjustment of construction maintenance process are included in the construction maintenance costs. The contractors in charge of establishing the construction maintenance process shall be responsible for paying the costs for the adjustment of construction maintenance process due to their own fault.

3. Estimate of construction maintenance:

a) The estimate of construction maintenance (hereinafter referred to as maintenance estimate) is determined for specific maintenance activity as the basis for the management of construction maintenance cost;

b) Maintenance estimate is made according to the workload determined according to the maintenance plan and the unit price established according to the regulations promulgated by the competent authorities for the construction maintenance to carry out such workload;

c) The owners or the managers/users shall establish and carry out inspection and approval for the maintenance estimate of the construction works using the state budget funds and non-budget state funds to carry out the construction maintenance.

Regarding the repair of work without funding from the state budget, the owner or the manager/user of the work shall establish, and carry out inspection and approval for the maintenance estimate;

d) The agencies specified in Clauses 2, 3 and 4 Article 51 of this Decree shall establish the construction norms for the construction maintenance, depending on the methods for formulating construction norms for the construction maintenance that is guided by the Ministry of Construction, then disclose such construction norms to the contractors of the works appropriate to the peculiarity of the Ministries and local governments then submit them to the Ministry of Construction for management.

4. The owner or the manager/user of the work is in charge of approving the construction maintenance estimate according to the legislation on cost management in construction activities.

5. Management, payment and settlement of costs for construction maintenance:

a) Regarding the construction works using the state budget funds, the owner or the manager/user of the work is responsible for the management, payment and settlement of costs for construction maintenance according to the regulation in the Law on the State budget and relevant law provisions;

b) Regarding the construction work not using the state budget funds for maintenance, the owner or the manager/user of the work shall be responsible for the management, payment and settlement of the costs for construction maintenance.

6. With regard to the cases specified in Clause 8 Article 40 of this Decree, costs for construction maintenance are included in the total investment in the construction of work.

Article 43. Assessment of force-bearing safety and operation safety

1. Periodic assessments of the safety of the works shall be conducted on important national works, large-sized works with complicated technical requirements, works that exert great impacts on community safety that are in operation.

2. The contents of assessment are force-bearing safety and safety in the operation of works. The assessment of fire safety, nuclear safety and other safety assessment shall comply with the relevant law provisions.

3. The owner or the manager/user of the work shall conduct periodic assessment of force-bearing safety and operation safety then send the result to a competent agency specified in Clause 4 of this Article for supervision and inspection.

4. Competence in assessment of force-bearing safety and safety in the operation of works:

a) The construction authority affiliated to the Ministry of Construction and the Ministries managing specialized construction works are responsible for the inspection of grade I works or higher within the specialized lines prescribed in Clauses 1 and 2 Article 51 of this Decree;

b) The Services of Construction and the Services managing specialized construction works are responsible for the inspection of grade II works or lower within the specialized lines prescribed in Clause 4 Article 51 of this Decree;

c) The Ministry of National Defense and the Ministry of Public Security are responsible for the inspection of National defense and security works.

5. Costs for the assessment of safety during the operation of the work include the cost for quality assessment, cost for hiring expert and other necessary expenses paid by the owner or the manager/user of the work and are included in the construction maintenance costs.

6. The Ministry of Construction shall preside over and cooperate with the Ministries managing specialized construction works, the Ministry of National Defense and the Ministry of Public Security in defining the construction subjects, assessment frequency, procedures for assessment of force-bearing safety and operation safety of the work during the operation.

Article 44. Tasks to be completed when a work is potentially dangerous or unsafe to operate

1. If a work/work item is discovered potentially dangerous or unsafe to operate, the owner or the manager/user is responsible for:

a) Conducting reinspection of the work’s current conditions;

b) Conducting construction quality assessment (if necessary);

c) Giving decision on the urgent measures like limiting or stopping the operation of work, removing human and properties to ensure the safety in case of collapse;

d) Reporting promptly to the nearest local government;

dd) Repairing any breakdown that potentially affects the operation safety of the work or dismantling the construction works if necessary.

2. If a work/work item is potentially dangerous or unsafe to operate, the local government is responsible for:

a) Conducting inspection, making notification, request and guiding the owner or the manager/user of work to conduct survey, quality assessment, danger assessment, repair or dismantlement of work/construction parts, if necessary;

b) Requesting the owner or the manager/user or work to take the urgent measures specified in Point c Clause 1 of this Article in case such entity does not take such measures initiatively to ensure the safety;

c) In case a construction work/work item is potentially dangerous that may cause collapse, the State management agencies shall preside over and cooperate with the owner or the manager/user to immediately take the safety measures, including the limitation/stop of operation of work and removement of human and properties (if necessary).

d) Handling the owner or the manager/user of construction work according to the legislations if such entity does not comply with the requirements of the competent state agencies specified in Clause 2 Article 45 of this Decree.

3. Particularly for old apartment building, apartment building likely dangerous and unsafe to operate, the owner or the manager/user of the work shall comply with the regulation in this Decree and or the provisions of laws on housing.

4. Every citizen is entitled to notify the owner or the manager/user of the work, the authority agencies or the means of mass media about the construction part/construction work that has problems or is potentially dangerous or unsafe to operate for prompt resolution.

5. The owner or manager/user of the work, the authority agency that receives the information about the construction part/construction work that has problem or is dangerous or unsafe to operate shall take the safety measures specified in Point c Clause 1 of this Article. If the problem is not promptly handled and cause damage to human and properties, such entities shall bear legal responsibility.

Article 45. Tasks to be completed after expiration of useful life of works

1. When the useful life of a work is expired, the owner or the manager/user of the work shall:

a) Conduct inspections and assessments of the work’s current conditions;

b) Consolidate, renovate and repair the construction damage (if any) to ensure the functions and safety for consideration and decision to keep using the work;

c) Decide themselves the continuity of operating the work after completing the activities specified in Points a and b of this Clause, except for the work specified in Point d of this Clause;

d) Report the results of quality inspection and assessment, result of construction maintenance (if any) to the agencies specified in Clause 2 of this Article for consideration and approval for the extension of useful life of the works specified in Appendix II of this Decree.

2. Responsibilities for notification and competence in handling of expired works that need extension of useful life:

a) The Ministry of Construction and the Ministries managing specialized construction works are responsible for the special-grade works within the managerial scope of the Ministries as prescribed in Clauses 1 and 2 Article 51 of this Decree;

b) The People’s Committees of provinces are responsible for grade I and grade II works in local area;

b) The People’s Committees of districts are responsible for the other works in local area;

dd) The Ministry of National Defense and the Ministry of Public Security are responsible for deciding the responsibilities for notification and competence in handling of expired works that need extension of useful life of National defense and security works;

dd) Particularly for housing, competence in handling shall comply with the legislations on housing.

3. The decision about the duration of the useful life of work after extension shall be based on the specific requirement and technical condition and type and grade of work.

4. The expired works are not kept operating in the following cases:

a) The owner or manager/user of the work has no need for further operation;

b) The owner or the manager/user or work has finished the activities specified in Clause 1 of this Article but the work is still unsafe.

5. The owner or the manager/user of the work is responsible for dismantling the works prescribed in Clause 4 of this Article.