Chương 3 Thông tư 03/2011/TT-BXD: Chứng nhận an toàn chịu lực, chứng nhận chất lượng phù hợp

Chapter III

FORCE-BEARING SAFETY CERTIFICATION AND QUALITY STANDARD CONFORMITY CERTIFICATION

Article 10. Requirements on capability of certification organizations

1. For a legal entity: Being an organization lawfully established and having the function of certification.

2. For a quality management system:

a/ Having focal units to monitor and examine of certification activities under contracts;

b/ Having a plan on and measures of controlling quality and assuring certified quality, covering:

- Process of certification for each subject;

- Measures of controlling collected figures to service certification;

- Plan on organization of quality experimentation and work certification;

- Process of internal control in every step throughout the course of certification and takeover check of final certification results before disclosure.

c/ Having processes of compiling and managing related dossiers and documents in the course of certification and issuing documents in the course of certification, written notices of certification results and written replies to involved parties' complaints about certification results.

3. Capability conditions:

a/ Capability: Having sufficient personnel, physical foundations and equipment for conducting activities involved in certification services, including at least 3 employees possessing a university or higher degree in a major relevant to certification work, who have certification expertise and labor contracts of an indefinite term. Persons in charge of certification must have at least 10 years' experience of working in the construction sector and be capable of taking charge of designing works, supervising construction or inspecting quality of construction works suitable to types and grades of to-be-certified works;

b/ Experience:

- For works of grade I or special grade: Having conducted certification of at least 1 work among other works of the same type and the same or higher grade or 2 works among other works of the same type and the same or immediately lower grade;

- For works of grade II or lower grade: Having conducted certification of at least 1 work among other works of the same type and the same or higher grade or having designed works or supervised construction or inspected the quality of at least 3 works of an equivalent grade or higher grade, for persons in charge of certification.

Article 11. Process and contents of examination and certification

1. The process of examination and certification involves the following main steps:

a/ The certification organization shall prepare a draft plan on certification according to the contents of examination and certification specified in Clause 2 of this Article, then submit it to the work investor and owner for consideration and approval. Depending on the type and size of works, upon preparing a draft plan, the certification organization shall estimate an appropriate number of examinations to be conducted throughout the course of construction to assure the control and appraisal of quality of Works and work items;

b/ The certification organization shall conduct the examination and certification according lo the approved plan. The certification must be conducted right from the time of work construction commencement.

After each examination, the certification organization shall make and send a report on evaluation of the quality of examined jobs and quality control activities to the investor and related parties. In the course of examination, if there is a doubt about any certification contents, the certification organization shall request related parties to clarify them and, in case of necessity, request the investor to organize reexamination or re-inspection.

c/ The certification organization shall grant a certificate under Article 12 of this Article before the work investor or owner puts the work into operation or use. For a work subject to force-bearing safety certification or quality standard conformity certification as requested by the local state management agency in charge of construction, its investor or owner shall send 1 copy of such certificate, enclosed with a report on examination results and a written record of takeover check of completion of the work or work item to be certified, to that agency for checking and management. Such certificate serves as a ground for the investor or owner to put the work into use.

The local state management agency in charge of construction shall receive the certificate and send a certificate receipt, made according to a form provided in Appendix 1 to this Circular (not printed herein), to the investor or owner of the work within 1 day after receiving the certificate (the time of certificate receipt is the time determined according to the postmark affixed by the sending post office).

2. Contents of examination and certification:

a/ Examination of quality control work:

- Observance of legal provisions on capability conditions by entities involved in the construction of the relevant work;

- Process and procedures for formulating and approving the investment project, and the implementation of the investment project;

- Process and procedures for evaluating, approving and checking upon takeover survey and designing dossiers.

- Certificates of quality of materials, supplies and equipment; results of material tests, inspection experiments and re-examination (if any); written records of takeover check of jobs, work phases and completion;

b/ Examination of technical design dossiers:

- Examination and appraisal of conformity of reports on construction survey results with survey standards and tasks;

- Examination and appraisal of conformity of technical designs (in case of 3-step designing) or construction drawing designs (in case of 2-or 1-step designing) with designing requirements, geological conditions, technical regulations and standards applicable to works.

c/ Examination of construction quality:

- Examination of work construction drawings approved by the investor;

- Direct examination and appraisal of quality of materials, supplies, equipment and prefabricated products to be used for works;

- Examination of construction quality of work parts or items, appraisal of quality conformity with approved designs and applied technical regulations and standards;

- Examination of construction quality of the technical infrastructure system of works, and appraisal of quality conformity with approved designs and applied technical regulations and standards;

- Examination and observation of the test load and operation of certified works and work items;

- Examination of observation figures and results and the appearance of the structure.

For the force-bearing safety certification, subject to examination are only work parts and force-bearing structures which, when sabotaged, are likely to cause catastrophes.

Article 12. Grant of certificates

1. Certification organizations shall grant certificates to investors or owners of works within a time limit stated in contracts. A certificate contains the following details:

a/ Name of the certification organization;

b/ Grounds for certification;

c/ Names of certified works and work items;

d/ Contents of certification;

e/ Conclusions and appraisals;

f/ Signature and seal of the at-law representative of the certification organization.

2. Handling of cases ineligible for certification:

For works or work items ineligible for certification, certification organizations shall notify in writing investors or owners of their decisions, clearly stating reason(s) for refusal to grant certificates. Investors or owners shall report such to local state management agencies in charge of construction for examination and handling.

Article 13. Certification expenses

1. Expenses for force-bearing safety certification and quality standard conformity certification as requested by state management agencies shall be paid by investors as construction investment consultancy expenses to be included in the total work construction investment amount.

These expenses shall be determined in cost estimates under regulations and include some or all of the following expenses:

a/ Expenses for making the draft plan on certification;

b/ Expenses for examining dossiers, process and procedures for work construction and quality control;

c/ Expenses for calculating, examining and appraising the conformity of survey and designing dossiers;

d/ Expenses for examining the conformity of construction quality with quality standards;

e/ Expenses for taking experimental samples and expenses for experimentation and inspection (when necessary);

f/ Expenses for making reports and conclusions;

g/ Travel fares and transportation costs;

h/ Other necessary expenses and costs as stipulated.

2. Expenses for quality standard conformity certification conducted at the request of investors Or owners of works shall be agreed upon between investors or owners and certification organizations. These expenses may be determined in cost estimates under regulations.