Chapter VII
STATE MANAGEMENT ON THE QUALITY OF CONSTRUCTION WORKS
Article 51. Responsibility of regulatory bodies for construction quality control
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 civil construction works; works for building material industry; works for light industry; technical infrastructure works; urban traffic works excluding railway, river overpassing works and highway.
2. Regarding Ministries managing specialized construction works:
a) The Ministry of Transport is responsible for the quality of traffic works excluding the traffic works under the management of the Ministry of Construction;
b) The Ministry of Agriculture and Rural Development is responsible for the quality of the works for agriculture and rural development;
c) The Ministry of Industry and Trade is responsible for the quality of industrial works excluding the industrial works under the management of the Ministry of Construction;
3. The Ministry of National Defense and the Ministry of Public Security are responsible for the quality of the works for National defense and security.
4. People's Committees of provinces shall conduct state management on construction works quality in local areas. Departments of Construction and Departments managing specialized construction works shall assist People’s Committees of provinces in managing construction quality of works as follows:
a) The Services of Construction are responsible for the quality of civil construction works; works for building material industry; works for light industry; technical infrastructure works; urban traffic works excluding railway, river overpassing works and highway;
b) The Services of Transport are responsible for the quality of traffic works excluding the traffic works under the management of the Services of Construction;
c) The Services of Agriculture and Rural Development are responsible for the quality of the works for agriculture and rural development;
d) The Services of Industry and Trade are responsible for the quality of industrial works excluding the industrial works under the management of the Services of Construction;
Article 52. The State management on the quality of construction works of the Ministry of Construction
1. Issue and provide guidance on the implementation of the legislative documents within its competence on the quality control of construction works.
2. Conduct periodic inspections and irregular inspections over the quality control done by Ministries and regulatory bodies and subjects involving the construction and over the quality of construction works when necessary.
3. Request and expedite the ministries managing specialized construction works and People's Committees of provinces to conduct inspections over the quality control and the quality of construction works under their management.
4. Provide guidance on registration of the information of the capacity of construction of organizations and individuals nationwide and post such information on Ministry of Construction’s website according to the regulation.
5. Conduct assessment of construction engineering plan as prescribed in the Decree on construction investment project management.
6. Conduct inspections over the acceptance for specialized construction works under management of Ministry of Construction and cooperate with Ministries managing specialized construction works to conduct inspections over specialized works as prescribed in Article 32 of this Decree.
7. Provide guidance on costs for establishment, inspection and adjustment of maintenance process; determine the organization/individual bearing responsibilities for maintenance of construction works and provide instruction for payment for maintenance cost of the works under the management of the Ministry of Construction; provide guidance on making estimate for the construction maintenance and establish and announce the construction norms serving the construction maintenance.
8. Conduct inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works.
9. Consider and give decision on continuity to operating the works with expired design life, handle the works having signs of quality deterioration that are unsafe for the operation and provide announcement of information of continuity or suspension of operation of expired works under the management of the Ministry of Construction.
10. Preside over and cooperate with relevant Ministries, ministerial-level agencies and local governments in conducting nationwide inspections of the compliance with the legislation on construction maintenance.
11. Conduct quality assessment on construction works prescribed in Clause 1 Article 51 of this Decree on request or when a work is discover having quality unconformable with the requirement of the engineering plan that potentially unsafe in force-bearing.
12. Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 1 Article 51 of this Decree.
13. Take the prime responsibility for considering presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.
14. Annually and irregularly (at the request) collect and report to the Prime Minister the situation of the quality and the quality control of construction works nationwide.
15. Handle the violations against the regulations on construction work quality control according to the regulation.
16. Perform other management contents in accordance with the legislation related to construction work quality control.
Article 53. Responsibility of other Ministries and regulatory bodies for construction quality control
1. Responsibilities of Ministries managing specialized construction works in construction work quality control are as follows:
Provide guidance on the implementation of the legal documents on construction work quality control, applicable to specialized construction works;
b) Conduct periodic inspections and irregular inspections over the quality control done by subjects involving the construction and over the quality of specialized construction works under the management of Ministries when necessary or at the request of the Ministry of Construction;
c) Report to the Ministry of Construction the plan and the result of the inspections over the quality control and the quality of construction work under the management of Ministries;
d) Comply with the regulations in Clauses 5 to 9 Article 52 of this Decree, applicable to the specialized construction works under the management of Ministries;
dd) Preside over and cooperate with the Ministry of Construction and relevant local governments in conducting nationawide inspections of the compliance with the legislation on construction maintenance;
e) Conduct quality assessment on construction works prescribed in Clause 2 Article 51 of this Decree on request or when a work is discover having quality unconformable with the requirement of the engineering plan that potentially unsafe in force-bearing;
g) Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 2 Article 51 of this Decree;
h) Cooperate with the Ministry of Construction in presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.
2. The Ministry of National Defense and the Ministry of Public Security take responsibility of construction work quality control as follows:
a) Provide guidance on the implementation of the legislative documents on quality control over the works for National defense and security;
b) Conduct periodic inspections and irregular inspections over the quality controls done by subjects involving the construction and over the quality of construction works for National defense and security under the management of the .Ministry of National Defense and the Ministry of Public Security;
c) Comply with the regulations in Clauses 5 to 9 Article 52 if this Decree applicable to works for National defense and security;
d) Conduct inspections over the compliance with the legislation on construction maintenance applicable to works for National defense and security;
dd) Conduct quality assessment on construction works prescribed in Clause 3 Article 51 of this Decree on request or when a work is discover having quality unconformable with the the requirement of the engineering plan that potentially unsafe in force-bearing;
e) Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works specified in Clause 3 Article 51 of this Decree.
3. The Ministries managing specialized construction works and other Ministries and regulatory bodies shall collect and make a report to the Ministry of Construction on the situation of construction quality and construction work quality control activities under their management. The report shall be submitted annually on not later than December 12 of each year or submitted irregularly on request.
Article 54. Responsibilities of People’s Committees of provinces for construction quality control
1. Assign and delegate the responsibilities of State management on construction work quality control to Services managing specialized construction works and People’s Committees of districts;
On the basis of the local conditions, People's Committees of provinces may authorize the management board of industrial zones, economic zones and/or hi-tech zones to perform the state management of construction work quality control, applicable to the construction works within the administrative division.
2. Provide guidance on the implementation of the legislative documents on construction work quality control in local area.
3. Conduct inspections over the compliance with this Decree of the organizations/individuals involving the construction in local area.
4. Provide guidance on determining organization/individual responsible for maintaining the construction works according to type of works, capital sources for maintenance and form of ownership.
5. Conduct inspections over the construction maintenance and assessment of the safety of works according to the regulation.
6. Conduct inspections of construction work incident causes according to the regulation in Article 49 of this Decree, applicable to the construction works in local area that are specified in Clause 4 Article 51 of this Decree.
7. Conduct quality assessment on request, applicable to the construction works in local area that is specified in Clause 4 Article 51 of this Decree.
8. Cooperate with the Ministry of Construction in presenting awards for the quality of construction works as prescribed in Article 9 of this Decree.
9. Collect and make a report to the Ministry of Construction on the situation of construction quality and construction work quality control activities in local area. The report shall be submitted annually on not later than December 12 of each year or submitted irregularly on request.
Article 55. Responsibilities of specialized agencies assisting People’s Committees of provinces in construction work quality control
1. Services of Construction are the focal points assisting the People’s Committees of provinces in unifying the State management on construction quality in the area with responsibilities as follows:
a) Request the Presidents of the People’s Committees of provinces to promulgate the guiding documents on the implementation of legislative documents about construction work quality control in local area;
b) Guide the People’s Committees of districts and organizations/individuals involving the construction activities in the implementation of the legislation on construction work quality control;
c) Conduct periodic inspections and irregular inspections over the quality control by the subjects involving the construction and over the quality of construction works in local area;
d) Preside over and cooperate with the Services managing specialized construction works in inspecting the compliance with the regulations on specialized construction work quality control;
dd) Conduct appraisal of construction engineering plan for specialized works under the management of Services of Construction according to the regulations in the Decree on construction investment project management;
e) Conduct inspections over the acceptance for construction works specified in Article 32 of this Decree, applicable to specialized construction works under the management of Services of Construction;
g) Conduct inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works, applicable to construction works under the management of Services of Construction;
h) Assist the People's Committees of provinces to conduct inspections of the construction works on request or inspections of construction work incident causes according to the regulation in Article 49 of this Decree; supervise, collect and report to People's Committees of provinces about the incident situations in local area;
i) Provide guidance on registration of the information of the capacity of construction of organizations and individuals nationwide and post such information on Services of Construction’s website according to the regulation;
k) Report regularly or irregularly to the People's Committees of provinces the compliance with the regulations on construction work quality control and the quality conditions of construction works in local area;
l) Assist the People's Committees of provinces to collect and report regularly or irregularly to the Ministry of Construction the quality condition of construction works in local area; report the list of contractors committing violations against the regulations on construction work quality control when performing construction activities in local area.
2. Responsibilities of Services managing specialized construction works:
a) Preside over and cooperate with Services of Construction in conducting periodic inspections and irregular inspections over the quality control by the subjects involving the construction of specialized works and over the quality of specialized construction works in local area;
b) Comply with the regulations in Points dd and e Clause 1 of this Article, applicable to the specialized construction works under the management of Services managing specialized construction works;
c) Cooperate with Services of Construction in conducting inspections over specialized construction works on requests and inspections of incident causes to specialized construction works; collect and annually or irregularly report to People's Committees of provinces and Services of Construction the situation of specialized construction control in local area.
3. Responsibilities of construction management divisions affiliated to People’s Committees of districts:
a) Guide the People’s Committees of districts and organizations/individuals involving the construction activities in the implementation of the regulation in legislative documents on construction work quality control;
b) Conduct regularly or irregularly inspections over the compliance with the regulations on construction work quality control, applicable to the construction works for which such divisions are decision makers and grant construction permits in the area;
c) Cooperate with Services of Construction and Services managing specialized construction works in conducting inspections over the construction maintenance, conduct assessment of force-bearing safety and operation safety of the works;
d) Cooperate with the Service of Construction and Services managing specialized construction works in conducting inspections of the construction works in local area on request;
dd) Comply with the regulations in the regulations in Points dd and e Clause 1 of this Article within competence;
e) Make reports about the incidents and handle such incidents according to the provisions of this Decree;
g) Collect and report regularly or irregularly to the People's Committees of provinces the compliance with the regulations on construction work quality control and the quality conditions of construction works in local area.
4. Within the authority authorized by the People's Committees of provinces, the management board of industrial zones, economic zones and hi-tech zones may perform the state management of construction work quality control, applicable to the construction works within the administrative division.
Tìm kiếm
Nghị định 46/2015/NĐ-CP (Bản Word)
Nghị định 46/2015/NĐ-CP (Bản Pdf)